PFAS Testing Act of 2021
This bill requires the Environmental Protection Agency (EPA) to order comprehensive toxicity testing on all perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
An order from the EPA for comprehensive toxicity testing for PFAS shall require the development of information by any person who manufactures, processes, or intends to manufacture or process PFAS. The bill also provides guidelines for the development of these orders, including the methodologies and protocols to be used. Additionally, the bill specifies when a PFAS may be exempt from testing or information submission.
Each person who manufactures or processes PFAS must submit to the EPA (1) all records of significant adverse reactions to health or the environment alleged to have been caused by PFAS, and (2) all health and safety studies related to PFAS of which the person is aware. The EPA must make all such health and safety studies available to the public within four months of the enactment of this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4692 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4692
To require the testing of perfluoroalkyl and polyfluoroalkyl substances
under the Toxic Substances Control Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2021
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PFAS Testing Act of 2021''.
SEC. 2. TESTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Testing Requirements.--Section 4(a) of the Toxic Substances
Control Act (15 U.S.C. 2603(a)) is amended by adding at the end the
following:
``(5) Perfluoroalkyl and polyfluoroalkyl substances
order.--Notwithstanding paragraphs (1) through (4), not later
than 60 days after the date of enactment of this paragraph, the
Administrator shall, by order, require that comprehensive
toxicity testing be conducted on all chemical substances that
are perfluoroalkyl and polyfluoroalkyl substances.''.
(b) Persons Subject to Order.--Section 4(b)(3) of the Toxic
Substances Control Act (15 U.S.C. 2603(b)(3)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following:
``(D) An order under subsection (a)(5) shall require the
development of information by any person who manufactures or processes,
or intends to manufacture or process, a chemical substance that is a
perfluoroalkyl or polyfluoroalkyl substance.''.
(c) Perfluoroalkyl and Polyfluoroalkyl Substances.--Section 4 of
the Toxic Substances Control Act (15 U.S.C. 2603) is amended by adding
at the end the following:
``(i) Perfluoroalkyl and Polyfluoroalkyl Substances.--
``(1) Testing requirement order.--
``(A) Protocols and methodologies.--In determining
the protocols and methodologies to be included pursuant
to subsection (b)(1) in an order under subsection
(a)(5), the Administrator shall allow for protocols and
methodologies that test chemical substances that are
perfluoroalkyl and polyfluoroalkyl substances as a
class.
``(B) Period.--In determining the period to be
included pursuant to subsection (b)(1) in an order
under subsection (a)(5), the Administrator shall ensure
that the period is as short as possible while allowing
for completion of the required testing.
``(2) Exemptions.--Notwithstanding subsection (c)(2)(A),
the Administrator may only make a determination under
subsection (c)(2)(B) that submission of information on a
chemical substance that is a perfluoroalkyl or polyfluoroalkyl
substance required by an order under subsection (a)(5) would be
duplicative of information that has been submitted to the
Administrator in accordance with such order, or which is being
developed pursuant to such order, if the information concerns
the chemical substance with the same specific chemical identity
as the chemical substance for which the application for an
exemption is submitted.''.
SEC. 3. REPORTING AND RETENTION OF INFORMATION.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) Submission of information.--Notwithstanding
any other requirement of law, not later than 60 days
after the date of enactment of this paragraph, each
person who manufactures or processes a chemical
substance that is a perfluoroalkyl or polyfluoroalkyl
substance shall submit to the Administrator--
``(i) all records of significant adverse
reactions to health or the environment alleged
to have been caused by such chemical
substances; and
``(ii) all health and safety studies
related to such chemical substances of which
the person is aware.
``(B) Availability.--Not later than 4 months after
the date of enactment of this paragraph, the
Administrator shall make studies submitted under
subparagraph (A)(ii) available to the public.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Climate Change.
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