PFAS Testing Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2608 To require the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 9, 2019 Mr. SEAN PATRICK MALONEY of New York introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the testing of perfluoroalkyl 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 ‘‘PFAS Testing Act of 4 2019’’. 5 SEC. 2. TESTING OF PERFLUOROALKYL AND 6 POLYFLUOROALKYL SUBSTANCES. 7 (a) TESTING REQUIREMENTS.—Section 4(a) of the 8 Toxic Substances Control Act (15 U.S.C. 2603(a)) is 9 amended by adding at the end the following: 10 VerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2608.IH H2608 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2608 IH ‘‘(5) PERFLUOROALKYL AND 1 POLYFLUOROALKYL SUBSTANCES ORDER.—Notwith- 2 standing paragraphs (1) through (4), not later than 3 60 days after the date of enactment of this para- 4 graph, the Administrator shall, by order, require 5 that comprehensive toxicity testing be conducted on 6 all chemical substances that are perfluoroalkyl and 7 polyfluoroalkyl substances.’’. 8 (b) PERSONS SUBJECT TO ORDER.—Section 4(b)(3) 9 of the Toxic Substances Control Act (15 U.S.C. 10 2603(b)(3)) is amended— 11 (1) in subparagraph (A), by striking ‘‘subpara- 12 graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 13 (C), or (D)’’; and 14 (2) by adding at the end the following: 15 ‘‘(D) An order under subsection (a)(5) shall require 16 the development of information by any person who manu- 17 factures or processes, or intends to manufacture or proc- 18 ess, a chemical substance that is a perfluoroalkyl or 19 polyfluoroalkyl substance.’’. 20 (c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB- 21 STANCES.—Section 4 of the Toxic Substances Control Act 22 (15 U.S.C. 2603) is amended by adding at the end the 23 following: 24 VerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2608.IH H2608 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2608 IH ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL 1 SUBSTANCES.— 2 ‘‘(1) TESTING REQUIREMENT ORDER.— 3 ‘‘(A) PROTOCOLS AND METHODOLOGIES.— 4 In determining the protocols and methodologies 5 to be included pursuant to subsection (b)(1) in 6 an order under subsection (a)(5), the Adminis- 7 trator shall allow for protocols and methodolo- 8 gies that test chemical substances that are 9 perfluoroalkyl and polyfluoroalkyl substances as 10 a class. 11 ‘‘(B) PERIOD.—In determining the period 12 to be included pursuant to subsection (b)(1) in 13 an order under subsection (a)(5), the Adminis- 14 trator shall ensure that the period is as short 15 as possible while allowing for completion of the 16 required testing. 17 ‘‘(2) EXEMPTIONS.—Notwithstanding sub- 18 section (c)(2)(A), the Administrator may only make 19 a determination under subsection (c)(2)(B) that sub- 20 mission of information on a chemical substance that 21 is a perfluoroalkyl or polyfluoroalkyl substance re- 22 quired by an order under subsection (a)(5) would be 23 duplicative of information that has been submitted 24 to the Administrator in accordance with such order, 25 VerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2608.IH H2608 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2608 IH or which is being developed pursuant to such order, 1 if the information concerns the chemical substance 2 with the same specific chemical identity as the chem- 3 ical substance for which the application for an ex- 4 emption is submitted.’’. 5 SEC. 3. REPORTING AND RETENTION OF INFORMATION. 6 Section 8(a) of the Toxic Substances Control Act (15 7 U.S.C. 2607(a)) is amended by adding at the end the fol- 8 lowing: 9 ‘‘(7) PERFLUOROALKYL AND 10 POLYFLUOROALKYL SUBSTANCES.— 11 ‘‘(A) SUBMISSION OF INFORMATION.—Not- 12 withstanding any other requirement of law, not 13 later than 60 days after the date of enactment 14 of this paragraph, each person who manufac- 15 tures or processes a chemical substance that is 16 a perfluoroalkyl or polyfluoroalkyl substance 17 shall submit to the Administrator— 18 ‘‘(i) all records of significant adverse 19 reactions to health or the environment al- 20 leged to have been caused by such chemical 21 substances; and 22 ‘‘(ii) all health and safety studies re- 23 lated to such chemical substances of which 24 the person is aware. 25 VerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2608.IH H2608 pbinns on DSK79D2C42PROD with BILLS 5 •HR 2608 IH ‘‘(B) AVAILABILITY.—Not later than 4 1 months after the date of enactment of this 2 paragraph, the Administrator shall make stud- 3 ies submitted under subparagraph (A)(ii) avail- 4 able to the public.’’. 5 Æ VerDate Sep 11 2014 00:49 May 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2608.IH H2608 pbinns on DSK79D2C42PROD with BILLS