15 U.S.C. § 8921 — Additions to toxics release inventory
submitted 7 years ago by Pub. L. 116-92 to r/title-15-COMMERCE-AND-TRADE · 1,320 words · no verdicts yet
This law adds several specific PFAS chemicals -- including PFOA, PFOS, GenX, PFNA, and PFHxS -- to the EPA's toxics release inventory starting in 2020, with a 100-pound reporting threshold that EPA must review after five years. It sets rules for adding other PFAS chemicals once EPA finishes a toxicity finding or certain use restrictions, requires EPA to decide within two years whether a further list of named PFAS chemicals qualifies for the inventory, and protects legitimately confidential chemical identities from public disclosure even as the chemicals themselves get listed.
(a) Definition — In this section, "toxics release inventory" means the list of toxic chemicals covered by reporting requirements under section 11023(c) of title 42.
(b) Immediate inclusion
(1) Starting January 1 of the year after December 20, 2019, these chemicals count as automatically included in the toxics release inventory: (A) PFOA; (B) the salts related to PFOA; (C) PFOS; (D) the salts related to PFOS; (E) any PFAS chemical or group of PFAS chemicals that is listed as an active chemical substance in EPA's February 2019 inventory update and, as of December 20, 2019, is subject to two specific EPA regulations; (F) GenX; (G) a related compound to GenX; (H) PFNA; and (I) PFHxS. This is subject to the confidentiality protections in subsection (e).
(2) Threshold for reporting: (A) The reporting threshold for these chemicals is 100 pounds, unless changed under (B). (B) Within 5 years of December 20, 2019, EPA must decide whether that threshold needs revising for any of these chemicals, and if so, start the formal process to revise it.
(c) Inclusion following assessment
(1) A PFAS chemical or group not already listed in (b)(1) gets automatically added to the inventory, starting January 1 of the year after whichever of these happens first: (i) EPA finalizes a toxicity value for it; (ii) EPA issues a "significant new use" determination covering it; (iii) it gets added to a list of substances already covered by such a determination; or (iv) it gets added, or designated, as an "active" chemical substance on EPA's chemical inventory list under specific rules. This is also subject to the confidentiality protections in (e). A "covered determination" (B) means a formal EPA rule finding that a use of the chemical is a "significant new use," except for two specific kinds of determinations that do not count.
(2) Threshold for reporting: (A) The reporting threshold is 100 pounds, unless changed under (B). (B) Within 5 years of a chemical being added under (c)(1), EPA must decide whether the threshold needs revising for it, and start the revision process if so.
(d) Inclusion following determination
(1) Within 2 years of December 20, 2019, EPA must decide whether the chemicals described in (2) meet any criterion in section 11023(d)(2) of title 42 for inclusion in the inventory.
(2) Those chemicals include a long list of named PFAS compounds (identified by their Chemical Abstracts Service numbers) not already covered under (b)(1), plus (N) any PFAS chemical EPA has validated a drinking-water measurement method for, and (O) any other PFAS chemical, beyond those specifically named, that is used to make fluorinated polymers, as EPA decides.
(3) If EPA decides under (1) that a chemical from (2) does meet a listing criterion, EPA must add it to the inventory — following the normal process in section 11023(d) of title 42 — within 2 years of making that decision. This is subject to (e).
(e) Confidential business information
(1) Before listing a PFAS chemical under (b)(1), (c)(1), or (d)(3) whose identity someone has already claimed as confidential, EPA must review that confidentiality claim and require the person to reassert and prove it again, following the rules in section 2613(f) of title 15.
(2) If EPA decides the chemical's identity really does qualify for confidentiality protection, EPA must still add the chemical or chemical group to the inventory, just without revealing the protected identifying information.
In this section, the term “toxics release inventory” means the list of toxic chemicals subject to the requirements of section 11023(c) of title 42.
Subject to subsection (e), beginning January 1 of the calendar year following December 20, 2019, the following chemicals shall be deemed to be included in the toxics release inventory:
Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
The salts associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6).
Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
The salts associated with the chemical described in subparagraph (C) (Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8).
A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
listed as an active chemical substance in the February 2019 update to the inventory under section 2607(b)(1) of this title; and
on December 20, 2019, subject to the provisions of—
section 721.9582 of title 40, Code of Federal Regulations; or
section 721.10536 of title 40, Code of Federal Regulations.
Hexafluoropropylene oxide dimer acid (commonly referred to as “GenX”) (Chemical Abstracts Service No. 13252–13–6).
The compound associated with the chemical described in subparagraph (F) identified by Chemical Abstracts Service No. 62037–80–3.
Perfluorononanoic acid (commonly referred to as “PFNA”) (Chemical Abstracts Service No. 375–95–1).
Perfluorohexanesulfonic acid (commonly referred to as “PFHxS”) (Chemical Abstracts Service No. 355–46–4).
Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 11023 of title 42 is 100 pounds.
Not later than 5 years after December 20, 2019, the Administrator* shall—
determine whether revision of the threshold under subparagraph (A) is warranted for any chemical described in paragraph (1); and
if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 11023(f)(2) of title 42.
Subject to subsection (e), notwithstanding section 11023 of title 42, a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not described in subsection (b)(1) shall be deemed to be included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates:
The date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
The date on which the Administrator makes a covered determination for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a covered determination.
The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances to which a covered determination applies is—
added to the list published under paragraph (1) of section 2607(b) of this title and designated as an active chemical substance under paragraph (5)(A) of such section; or
designated as an active chemical substance on such list under paragraph (5)(B) of such section.
For purposes of this paragraph, a covered determination is a determination made, by rule, under section 2604(a)(2) of this title that a use of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is a significant new use (except such a determination made in connection with a determination described in section 2604(a)(3)(B) or section 2604(a)(3)(C) of this title).
Subject to subparagraph (B), notwithstanding subsection (f)(1) of section 11023 of title 42, the threshold for reporting under such section 11023 of title 42 the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
Not later than 5 years after the date on which a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is included in the toxics release inventory under paragraph (1), the Administrator shall—
determine whether revision of the threshold under subparagraph (A) is warranted for the substance or class of substances; and
if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 11023(f)(2) of title 42.
Not later than 2 years after December 20, 2019, the Administrator shall determine whether the substances and classes of substances described in paragraph (2) meet any one of the criteria described in section 11023(d)(2) of title 42 for inclusion in the toxics release inventory.
The substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances not described in subsection (b)(1), including—
perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4);
the salts associated with the chemical described in subparagraph (D) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS 892452);
1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt (Chemical Abstracts Service No. 59587–38–1);
perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5);
1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
the component associated with the chemical described in subparagraph (H) (Chemical Abstracts Service No. 45187–15–3);
heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4);
perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4);
the compound associated with the chemical described in subsection (b)(1)(F) identified by Chemical Abstracts Service No. 2062–98–8;
perfluoroheptanoic acid (commonly referred to as “PFHpA”) (Chemical Abstracts Service No. 375–85–9);
each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and
a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs (A) through (N) that is used to manufacture fluorinated polymers, as determined by the Administrator.
Subject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets any one of the criteria described in section 11023(d)(2) of title 42, the Administrator shall revise the toxics release inventory in accordance with such section 11023(d) of title 42 to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
Prior to including on the toxics release inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances the chemical identity of which is subject to a claim of a person of protection from disclosure under subsection (a) of section 552 of title 5, pursuant to subsection (b)(4) of that section, the Administrator shall—
review any such claim of protection from disclosure; and
require that person to reassert and substantiate or resubstantiate that claim in accordance with section 2613(f) of this title.
If the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure pursuant to paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information.
Source credit: (Pub. L. 116–92, div. F, title LXXIII, § 7321, Dec. 20, 2019, 133 Stat. 2277.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2277
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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