PFAS Safe Disposal Act

I 116TH CONGRESS 2D SESSION H. R. 5550 To require the Administrator of the Environmental Protection Agency to promulgate regulations regarding disposal of materials containing perfluoroalkyl and polyfluoroalkyl substances or aqueous film forming foam, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 7, 2020 Mr. LEVIN of Michigan (for himself and Mr. KHANNA) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protec- tion Agency to promulgate regulations regarding disposal of materials containing perfluoroalkyl and polyfluoroalkyl substances or aqueous film forming foam, 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 Safe Disposal 4 Act’’. 5 VerDate Sep 11 2014 01:15 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5550.IH H5550 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5550 IH SEC. 2. PROHIBITION ON WASTE INCINERATION OF PFAS. 1 Section 3004 of the Solid Waste Disposal Act (42 2 U.S.C. 6924) is amended by adding at the end the fol- 3 lowing new subsection: 4 ‘‘(z) PFAS WASTES.— 5 ‘‘(1) FIREFIGHTING FOAM.—Not later than 6 6 months after the date of enactment of this sub- 7 section, the Administrator shall promulgate regula- 8 tions requiring that when materials containing 9 perfluoroalkyl and polyfluoroalkyl substances or 10 aqueous film forming foam are disposed— 11 ‘‘(A) all incineration is conducted in a 12 manner that eliminates perfluoroalkyl and 13 polyfluoroalkyl substances while also minimizing 14 perfluoroalkyl and polyfluoroalkyl substances 15 emitted into the air to the extent feasible; 16 ‘‘(B) all incineration is conducted in ac- 17 cordance with the requirements of the Clean Air 18 Act, including controlling hydrogen fluoride; 19 ‘‘(C) any materials containing 20 perfluoroalkyl and polyfluoroalkyl substances 21 that are designated for disposal are stored in 22 accordance with the requirement under part 23 264 of title 40, Code of Federal Regulations; 24 and 25 VerDate Sep 11 2014 01:15 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5550.IH H5550 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5550 IH ‘‘(D) all incineration is conducted at a fa- 1 cility that has been permitted to receive waste 2 regulated under this subtitle. 3 ‘‘(2) PENALTIES.—For purposes of section 4 3008(d), a waste subject to a prohibition under this 5 subsection shall be considered a hazardous waste 6 identified or listed under this subtitle.’’. 7 Æ VerDate Sep 11 2014 01:15 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H5550.IH H5550 pamtmann on DSKBC07HB2PROD with BILLS