15 U.S.C. § 8931 — Definitions

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