15 U.S.C. § 8921 — Additions to toxics release inventory

Page 2467 TITLE 15—COMMERCE AND TRADE § 8921 (B) subject to paragraph (2) and the avail- ability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and (C) subject to paragraph (2) and the avail- ability of appropriations, ensure that only a representative sample of public water sys- tems serving fewer than 3,300 persons are re- quired to monitor for the substances de- scribed in subsection (a)(2). (2) Requirement If the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subpara- graphs (B) and (C) of paragraph (1), the Admin- istrator may waive the monitoring require- ments in those subparagraphs. (3) Funds The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring re- quired under subparagraphs (B) and (C) of paragraph (1) using— (A) funds made available pursuant to sub- section (a)(2)(H) or subsection (j)(5) of sec- tion 300j–4 of title 42; or (B) any other funds made available for that purpose. (Pub. L. 116–92, div. F, title LXXIII, § 7311, Dec. 20, 2019, 133 Stat. 2276.) SUBCHAPTER II—PFAS RELEASE DISCLOSURE § 8921. Additions to toxics release inventory (a) Definition of toxics release inventory In this section, the term ‘‘toxics release inven- tory’’ means the list of toxic chemicals subject to the requirements of section 11023(c) of title 42. (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 re- ferred to as ‘‘PFOA’’) (Chemical Abstracts Service No. 335–67–1). (B) The salts associated with the chemical described in subparagraph (A) (Chemical Ab- stracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6). (C) Perfluorooctane sulfonic acid (com- monly referred to as ‘‘PFOS’’) (Chemical Ab- stracts Service No. 1763–23–1). (D) The salts associated with the chemical described in subparagraph (C) (Chemical Ab- stracts 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 inven- tory under section 2607(b)(1) of this title; 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’’) (Chem- ical Abstracts Service No. 13252–13–6). (G) The compound associated with the chemical described in subparagraph (F) iden- tified by Chemical Abstracts Service No. 62037–80–3. (H) Perfluorononanoic acid (commonly re- ferred to as ‘‘PFNA’’) (Chemical Abstracts Service No. 375–95–1). (I) Perfluorohexanesulfonic acid (com- monly 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 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 war- ranted for any chemical described in para- graph (1); and (ii) if the Administrator determines a re- vision to be warranted under clause (i), initiate a revision under section 11023(f)(2) of title 42. (c) Inclusion following assessment (1) In general (A) Date of inclusion 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 cal- endar year after any of the following dates: (i) Final toxicity value The date on which the Administrator fi- nalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl sub- stance 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 sub- stance 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 sub- stances is added to a list of substances cov- ered by a covered determination. Page 2468 TITLE 15—COMMERCE AND TRADE § 8921 (iv) Addition as active chemical substance The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl sub- stances to which a covered determination applies is— (I) added to the list published under paragraph (1) of section 2607(b) of this title and designated as an active chem- ical 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 that a use of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is a significant new use (except such a deter- mination made in connection with a deter- mination described in section 2604(a)(3)(B) or section 2604(a)(3)(C) of this title). (2) Threshold for reporting (A) In general Subject to subparagraph (B), notwith- standing 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. (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 war- ranted for the substance or class of sub- stances; and (ii) if the Administrator determines a re- vision to be warranted under clause (i), initiate a revision under section 11023(f)(2) of title 42. (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 sub- stances 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. (2) Substances described The substances and classes of substances re- ferred 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 (Chem- ical 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 Ab- stracts 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 Ab- stracts 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 Ab- stracts Service No. 375–22–4); (K) perfluorohexanoic acid (Chemical Ab- stracts 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 re- ferred 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 Adminis- trator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets any one of the criteria de- scribed in section 11023(d)(2) of title 42, the Ad- ministrator shall revise the toxics release in- ventory 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. (e) Confidential business information (1) In general Prior to including on the toxics release in- ventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or 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 hydrogen substituents have been re- placed by fluorine. (ii) Perfluoroalkyl substance The term ‘‘perfluoroalkyl substance’’ means a chemical of which all of the car- bon atoms are fully fluorinated carbon atoms. (iii) Polyfluoroalkyl substance The term ‘‘polyfluoroalkyl substance’’ means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom. (Pub. L. 116–92, div. F, title LXXIII, § 7331, Dec. 20, 2019, 133 Stat. 2281.) § 8932. Performance standard for the detection of highly fluorinated compounds (a) In general The Director, in consultation with the Admin- istrator, shall establish a performance standard for the detection of highly fluorinated com- pounds. (b) Emphasis (1) In general In developing the performance standard under subsection (a), the Director shall em- phasize the ability to detect as many highly fluorinated compounds present in the environ- ment as possible using validated analytical methods that— (A) achieve limits of quantitation (as de- fined in the document of the United States Geological Survey entitled ‘‘Analytical Methods for Chemical Analysis of Geologic and Other Materials, U.S. Geological Sur- vey’’ and dated 2002); and (B) are as sensitive as is feasible and prac- ticable. (2) Requirement In developing the performance standard under subsection (a), the Director may— (A) develop quality assurance and quality control measures to ensure accurate sam- pling and testing; (B) develop a training program with re- spect to the appropriate method of sample collection and analysis of highly fluorinated compounds; and (C) coordinate as necessary with the Ad- ministrator, including, if appropriate, to de- velop methods to detect individual and dif- ferent highly fluorinated compounds simul- taneously. (Pub. L. 116–92, div. F, title LXXIII, § 7332, Dec. 20, 2019, 133 Stat. 2282.) § 8933. Nationwide sampling (a) In general The Director shall carry out a nationwide sampling to determine the concentration of highly fluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance stand- ard developed under section 8932(a) of this title. (b) Requirements In carrying out the sampling under subsection (a), the Director shall— (1) first carry out the sampling at sources of drinking water near locations with known or suspected releases of highly fluorinated com- pounds; (2) when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to and, at the request of the Administrator, after any treatment of the water; (3) survey for ecological exposure to highly fluorinated compounds, with a priority in de- termining direct human exposure through drinking water; and (4) consult with— (A) States to determine areas that are a priority for sampling; and