6 U.S.C. § 323 — Guidance on how to prevent exposure to and release of PFAS
submitted 4 years ago by Pub. L. 117-248 to r/title-6-DOMESTIC-SECURITY · 485 words · no verdicts yet
DHS must publish guidance and a training curriculum to help firefighters avoid PFAS chemicals in foam and gear. It must also build an online library of best practices to limit PFAS exposure and release. DHS must review and update this guidance at least every three years.
(a) In general. By December 20, 2023 — one year after enactment — the Secretary* of Homeland* Security, working with the Administrator* of the U.S. Fire Administration, the Administrator of the Environmental Protection Agency*, the Director of the National Institute for Occupational Safety and Health, and the heads of any other relevant agencies, had to do three things: publish guidance for firefighters and other emergency* responders on training, education, and best practices; make available a curriculum designed to reduce and eliminate exposure to PFAS — chemicals sometimes called "forever chemicals" — from firefighting foam and protective gear, prevent PFAS from getting into the environment through firefighting foam, and teach responders about foams, non-foam alternatives, protective gear, and other tools that don't contain PFAS; and create an online public library, kept regularly updated, of tools and best practices for reducing, limiting, and preventing PFAS exposure and release.
(b) Curriculum. To help build that curriculum, the Administrator of the U.S. Fire Administration must recommend its content to the Secretary. In making those recommendations, the Administrator must, as appropriate, consult firefighters and other emergency responders (including national fire service and response organizations), communities dealing with PFAS contamination, scientists — including public and occupational health and safety experts — who study PFAS and its alternatives, voluntary standards organizations that set rules for firefighters and their equipment, state* fire training academies, state fire marshals, manufacturers of firefighting tools and equipment, and any other relevant group the Secretary and the Administrator decide to include.
(c) Review. No later than three years after the guidance and curriculum are first issued, and at least once every three years after that, the Secretary — working with the same three officials named in subsection (a) — must review the guidance and curriculum and update them as needed.
(d) Applicability of FACA. The Federal Advisory Committee Act, which normally governs how the government uses outside advisory committees, does not apply to this law.
(e) Rule of construction. Nothing in this law requires the Secretary to write or enforce formal regulations under the Administrative Procedure Act.
Not later than 1 year after December 20, 2022, the Secretary* of Homeland* Security, in consultation with the Administrator* of the United States Fire Administration, the Administrator of the Environmental Protection Agency*, the Director of the National Institute for Occupational Safety and Health, and the heads of any other relevant agencies, shall—
develop and publish guidance for firefighters and other emergency* response personnel on training, education programs, and best practices;
make available a curriculum designed to—
reduce and eliminate exposure to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”) from firefighting foam and personal protective equipment;
prevent the release of PFAS from firefighting foam into the environment; and
educate firefighters and other emergency response personnel on foams and non-foam alternatives, personal protective equipment, and other firefighting tools and equipment that do not contain PFAS; and
create an online public repository, which shall be updated on a regular basis, on tools and best practices for firefighters and other emergency response personnel to reduce, limit, and prevent the release of and exposure to PFAS.
For the purpose of developing the curriculum required under subsection (a)(2), the Administrator of the United States Fire Administration shall make recommendations to the Secretary of Homeland Security as to the content of the curriculum.
For the purpose of making recommendations under paragraph (1), the Administrator of the United States Fire Administration shall consult with interested entities, as appropriate, including—
firefighters and other emergency response personnel, including national fire service and emergency response organizations;
impacted communities dealing with PFAS contamination;
scientists, including public and occupational health and safety experts, who are studying PFAS and PFAS alternatives in firefighting foam;
voluntary standards organizations engaged in developing standards for firefighter and firefighting equipment;
State* fire training academies;
State fire marshals;
manufacturers of firefighting tools and equipment; and
any other relevant entities, as determined by the Secretary of Homeland Security and the Administrator of the United States Fire Administration.
Not later than 3 years after the date on which the guidance and curriculum required under subsection (a) is issued, and not less frequently than once every 3 years thereafter, the Secretary of Homeland Security, in consultation with the Administrator of the United States Fire Administration, the Administrator of the Environmental Protection Agency, and the Director of the National Institute for Occupational Safety and Health, shall review the guidance and curriculum and, as appropriate, issue updates to the guidance and curriculum.
The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to this Act.
Nothing in this Act shall be construed to require the Secretary of Homeland Security to promulgate or enforce regulations under subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
Source credit: (Pub. L. 117–248, § 2, Dec. 20, 2022, 136 Stat. 2348.)
- 2022Enacted · Pub. L. 117-248 · 136 Stat. 2348
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-248 on 2022-12-20.
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