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15 U.S.C. § 8931 — Additions to toxics release inventory
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of toxics release inventory** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/c&num=0&edition=prelim).
**(b) Immediate inclusion**
(1) **In general** — 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:
(A) Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
(B) The salts associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6).
(C) Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
(D) 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).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
(i) listed as an active chemical substance in the February 2019 update to the inventory under [section 2607(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b/1&num=0&edition=prelim); and
(ii) on December 20, 2019, subject to the provisions of—
(I) section 721.9582 of title 40, Code of Federal Regulations; or
(II) section 721.10536 of title 40, Code of Federal Regulations.
(F) Hexafluoropropylene oxide dimer acid (commonly referred to as “GenX”) (Chemical Abstracts Service No. 13252–13–6).
(G) The compound associa
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Source file: Laws/federal/codes/united-states-code/title-15/section-8931-additions-to-toxics-release-inventory--5eb096fb82.md
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Source location: Title 15, Chapter 115, § 8931; chapter-115-perfluoroalkyl-and-polyfluoroalkyl-substances-and-emerging-contaminants.md
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**(a) Definition of toxics release inventory** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/c&num=0&edition=prelim).
**(b) Immediate inclusion**
(1) **In general** — 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:
(A) Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
(B) The salts associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6).
(C) Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
(D) 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).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
(i) listed as an active chemical substance in the February 2019 update to the inventory under [section 2607(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b/1&num=0&edition=prelim); and
(ii) on December 20, 2019, subject to the provisions of—
(I) section 721.9582 of title 40, Code of Federal Regulations; or
(II) section 721.10536 of title 40, Code of Federal Regulations.
(F) Hexafluoropropylene oxide dimer acid (commonly referred to as “GenX”) (Chemical Abstracts Service No. 13252–13–6).
(G) The compound associated with the chemical described in subparagraph (F) identified by Chemical Abstracts Service No. 62037–80–3.
(H) Perfluorononanoic acid (commonly referred to as “PFNA”) (Chemical Abstracts Service No. 375–95–1).
(I) Perfluorohexanesulfonic acid (commonly referred to as “PFHxS”) (Chemical Abstracts Service No. 355–46–4).
(2) **Threshold for reporting**
(A) *In general* — Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under [section 11023 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim) is 100 pounds.
(B) *Revisions* — Not later than 5 years after December 20, 2019, the Administrator shall—
(i) determine whether revision of the threshold under subparagraph (A) is warranted for any chemical described in paragraph (1); and
(ii) if the Administrator determines a revision to be warranted under clause (i), initiate a revision under [section 11023(f)(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/f/2&num=0&edition=prelim).
**(c) Inclusion following assessment**
(1) **In general**
(A) *Date of inclusion* — Subject to subsection (e), notwithstanding [section 11023 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim), 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:
(i) *Final toxicity value* — The date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
(ii) *Significant new use rule* — The date on which the Administrator makes a covered determination for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
(iii) *Addition to existing significant new use rule* — 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.
(iv) *Addition as active chemical substance* — The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances to which a covered determination applies is—
(I) added to the list published under paragraph (1) of [section 2607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b&num=0&edition=prelim) and designated as an active chemical substance under paragraph (5)(A) of such section; or
(II) designated as an active chemical substance on such list under paragraph (5)(B) of such section.
(B) *Covered determination* — For purposes of this paragraph, a covered determination is a determination made, by rule, under [section 2604(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604/a/3/C&num=0&edition=prelim)).
(2) **Threshold for reporting**
(A) *In general* — Subject to subparagraph (B), notwithstanding subsection (f)(1) of [section 11023 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim), the threshold for reporting under such [section 11023 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim) the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
(B) *Revisions* — 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—
(i) determine whether revision of the threshold under subparagraph (A) is warranted for the substance or class of substances; and
(ii) if the Administrator determines a revision to be warranted under clause (i), initiate a revision under [section 11023(f)(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/f/2&num=0&edition=prelim).
**(d) Inclusion following determination**
(1) **In general** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/d/2&num=0&edition=prelim) for inclusion in the toxics release inventory.
(2) **Substances described** — 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—
(A) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
(B) 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
(C) 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
(D) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4);
(E) the salts associated with the chemical described in subparagraph (D) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS 892452);
(F) 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);
(G) perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5);
(H) 1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
(I) the component associated with the chemical described in subparagraph (H) (Chemical Abstracts Service No. 45187–15–3);
(J) heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4);
(K) perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4);
(L) the compound associated with the chemical described in subsection (b)(1)(F) identified by Chemical Abstracts Service No. 2062–98–8;
(M) perfluoroheptanoic acid (commonly referred to as “PFHpA”) (Chemical Abstracts Service No. 375–85–9);
(N) 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
(O) 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.
(3) **Addition to toxics release inventory** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/d/2&num=0&edition=prelim), the Administrator shall revise the toxics release inventory in accordance with such [section 11023(d) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/d&num=0&edition=prelim) to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
**(e) Confidential business information**
(1) **In general** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), pursuant to subsection (b)(4) of that section, the Administrator shall—
(A) review any such claim of protection from disclosure; and
(B) require that person to reassert and substantiate or resubstantiate that claim in accordance with [section 2613(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2613/f&num=0&edition=prelim).
(2) **Nondisclosure of protection information** — 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement** The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (g) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (f) during the preceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year.
**(b) Covered owners and operators of facilities**
(1) **In general**
(A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section.
(B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section.
(C) For purposes of this section—
(i) The term “manufacture” means to produce, prepare, import, or compound a toxic chemical.
(ii) The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce—
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11023
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Federal law — U.S. Code and appendices · legal_authorities
Page 2469
TITLE 15—COMMERCE AND TRADE
§ 8933
polyfluoroalkyl substances the chemical iden-
tity 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 sub-
section (b)(4) of that section, the Adminis-
trator shall—
(A) review any such claim of protection
from disclosure; and
(B) require that person to reassert and sub-
stantiate or resubstantiate that claim in ac-
cordance with section 2613(f) of this title.
(2) Nondisclosure of protection information
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 pursu-
ant 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 pro-
tected information.
(Pub. L. 116–92, div. F, title LXXIII, § 7321, Dec.
20, 2019, 133 Stat. 2277.)
Editorial Notes
CODIFICATION
Section is comprised of section 7321 of Pub. L. 116–92.
Subsec. (f) of section 7321 of Pub. L. 116–92 amended sec-
tion 11023 of Title 42, The Public Health and Welfare.
SUBCHAPTER III—USGS PERFORMANCE
STANDARD
§ 8931. Definitions
In this subchapter:
(1) Director
The term ‘‘Director’’ means the Director of
the United States Geological Survey.
(2) Highly fluorinated compound
(A) In general
The term ‘‘highly fluorinated compound’’
means a perfluoroalkyl substance or a
polyfluoroalkyl substance with at least one
fully fluorinated carbon atom.
(B) Definitions
In this paragraph:
(i) Fully fluorinated carbon atom
The
term
‘‘fully
fluorinated
carbon
atom’’ means a carbon atom on which all
the hyd
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 8931
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.