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H.R. 2608: PFAS Testing Act of 2019


The text of the bill below is as of May 9, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 2608

IN THE HOUSE OF REPRESENTATIVES

May 9, 2019

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.

1.

Short title

This Act may be cited as the PFAS Testing Act of 2019.

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.

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(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.

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(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.

.

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.

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