Toxic PFAS Control Act

I 116TH CONGRESS 1ST SESSION H. R. 2600 To regulate per- and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 8, 2019 Ms. DEAN (for herself, Mrs. DINGELL, Mr. CISNEROS, and Mr. KHANNA) in- troduced the following bill; which was referred to the Committee on En- ergy and Commerce A BILL To regulate per- and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Toxic PFAS Control 4 Act’’. 5 SEC. 2. REGULATION OF PERFLUOROALKYL AND 6 POLYFLUOROALKYL SUBSTANCES. 7 (a) IN GENERAL.—Section 6 of the Toxic Substances 8 Control Act (15 U.S.C. 2605) is amended by adding at 9 the end the following: 10 VerDate Sep 11 2014 22:07 May 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2600.IH H2600 kjohnson on DSK79L0C42 with BILLS 2 •HR 2600 IH ‘‘(k) PERFLUOROALKYL AND POLYFLUOROALKYL 1 SUBSTANCES.— 2 ‘‘(1) PROHIBITIONS.—Except as provided in 3 subsection (g)— 4 ‘‘(A) beginning on the date that is 6 5 months after the date of enactment of this sub- 6 section— 7 ‘‘(i) no person may manufacture any 8 new chemical substance that is a 9 perfluoroalkyl or polyfluoroalkyl substance; 10 and 11 ‘‘(ii) no person may manufacture or 12 process any chemical substance that is a 13 perfluoroalkyl or polyfluoroalkyl substance 14 for a use that is a significant new use with 15 respect to which the Administrator has 16 issued a final or proposed determination in 17 accordance with section 5(a)(2); 18 ‘‘(B) beginning on the date that is 2 years 19 after the date of enactment of this subsection, 20 no person may manufacture any chemical sub- 21 stance that is a perfluoroalkyl or polyfluoroalkyl 22 substance; and 23 ‘‘(C) beginning on the date that is 3 years 24 after the date of enactment of this subsection, 25 VerDate Sep 11 2014 22:07 May 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2600.IH H2600 kjohnson on DSK79L0C42 with BILLS 3 •HR 2600 IH no person may process or distribute in com- 1 merce any chemical substance that is a 2 perfluoroalkyl or polyfluoroalkyl substance. 3 ‘‘(2) REGULATION.—Notwithstanding sub- 4 sections (a) through (d), not later than 6 months 5 after the date of enactment of this subsection, the 6 Administrator shall promulgate a rule that— 7 ‘‘(A) prescribes the manner or method of 8 disposal of any chemical substance that is a 9 perfluoroalkyl or polyfluoroalkyl substance, or 10 of any article containing such a chemical sub- 11 stance, by a manufacturer or processor or by 12 any other person who uses or disposes of such 13 a chemical substance, and that— 14 ‘‘(i) does not require any person to 15 take any action which would be in violation 16 of any law or requirement of, or in effect 17 for, a State or political subdivision; and 18 ‘‘(ii) requires each person subject to it 19 to notify each State and political subdivi- 20 sion in which a required disposal may 21 occur of such disposal; 22 ‘‘(B) requires that any such chemical sub- 23 stance, or article containing such a chemical 24 substance, be marked with clear and adequate 25 VerDate Sep 11 2014 22:07 May 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2600.IH H2600 kjohnson on DSK79L0C42 with BILLS 4 •HR 2600 IH minimum warnings, and instructions with re- 1 spect to its processing, use, distribution in com- 2 merce, or disposal or with respect to any com- 3 bination of such activities, including require- 4 ments for the form and content of such warn- 5 ings and instructions; 6 ‘‘(C) requires any person manufacturing or 7 processing any amount of such a chemical sub- 8 stance to report such manufacture or proc- 9 essing pursuant to section 8, notwithstanding 10 subsection (a)(1) of such section; and 11 ‘‘(D) requires any person manufacturing 12 any such chemical substance— 13 ‘‘(i) to accept for disposal in accord- 14 ance with subparagraph (A) any such 15 chemical substance that has not been proc- 16 essed; 17 ‘‘(ii) to replace or repurchase such 18 chemical substance as elected by the per- 19 son to whom the requirement is directed; 20 and 21 ‘‘(iii) to give notice of the require- 22 ments of this subparagraph to the public, 23 processors and distributors in commerce of 24 such chemical substance and, to the extent 25 VerDate Sep 11 2014 22:07 May 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2600.IH H2600 kjohnson on DSK79L0C42 with BILLS 5 •HR 2600 IH reasonably ascertainable, to other persons 1 in possession of such chemical substance or 2 exposed to such chemical substance.’’. 3 (b) EXEMPTIONS.—Section 6(g) of the Toxic Sub- 4 stances Control Act (15 U.S.C. 2605(g)) is amended— 5 (1) in paragraph (1), in the matter preceding 6 subparagraph (A), by inserting ‘‘, or a requirement 7 of subsection (k),’’ after ‘‘subsection (a) rule’’; and 8 (2) in paragraph (3), by adding at the end the 9 following: ‘‘An exemption under this subsection from 10 a requirement of subsection (k) may be for a period 11 that is not longer than 1 year.’’. 12 Æ VerDate Sep 11 2014 22:07 May 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2600.IH H2600 kjohnson on DSK79L0C42 with BILLS