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House Bill 2608
116th Congress(2019-2020)
PFAS Testing Act of 2019
Introduced
Introduced
Introduced in House on May 9, 2019
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Introduced in House 
May 9, 2019
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Introduced in House(May 9, 2019)
May 9, 2019
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H. R. 2608 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 2608


To require the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 9, 2019

Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “PFAS Testing Act of 2019”.

SEC. 2. Testing of perfluoroalkyl and polyfluoroalkyl substances.

(a) Testing requirements.—Section 4(a) of the Toxic Substances Control Act (15 U.S.C. 2603(a)) is amended by adding at the end the following:

“(5) PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES ORDER.—Notwithstanding paragraphs (1) through (4), not later than 60 days after the date of enactment of this paragraph, the Administrator shall, by order, require that comprehensive toxicity testing be conducted on all chemical substances that are perfluoroalkyl and polyfluoroalkyl substances.”.

(b) Persons subject to order.—Section 4(b)(3) of the Toxic Substances Control Act (15 U.S.C. 2603(b)(3)) is amended—

(1) in subparagraph (A), by striking “subparagraph (B) or (C)” and inserting “subparagraph (B), (C), or (D)”; and

(2) by adding at the end the following:

“(D) An order under subsection (a)(5) shall require the development of information by any person who manufactures or processes, or intends to manufacture or process, a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance.”.

(c) Perfluoroalkyl and polyfluoroalkyl substances.—Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended by adding at the end the following:

“(i) Perfluoroalkyl and polyfluoroalkyl substances.—

“(1) TESTING REQUIREMENT ORDER.—

“(A) PROTOCOLS AND METHODOLOGIES.—In determining the protocols and methodologies to be included pursuant to subsection (b)(1) in an order under subsection (a)(5), the Administrator shall allow for protocols and methodologies that test chemical substances that are perfluoroalkyl and polyfluoroalkyl substances as a class.

“(B) PERIOD.—In determining the period to be included pursuant to subsection (b)(1) in an order under subsection (a)(5), the Administrator shall ensure that the period is as short as possible while allowing for completion of the required testing.

“(2) EXEMPTIONS.—Notwithstanding subsection (c)(2)(A), the Administrator may only make a determination under subsection (c)(2)(B) that submission of information on a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance required by an order under subsection (a)(5) would be duplicative of information that has been submitted to the Administrator in accordance with such order, or which is being developed pursuant to such order, if the information concerns the chemical substance with the same specific chemical identity as the chemical substance for which the application for an exemption is submitted.”.

SEC. 3. Reporting and retention of information.

Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by adding at the end the following:

“(7) PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.—

“(A) SUBMISSION OF INFORMATION.—Notwithstanding any other requirement of law, not later than 60 days after the date of enactment of this paragraph, each person who manufactures or processes a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance shall submit to the Administrator—

“(i) all records of significant adverse reactions to health or the environment alleged to have been caused by such chemical substances; and

“(ii) all health and safety studies related to such chemical substances of which the person is aware.

“(B) AVAILABILITY.—Not later than 4 months after the date of enactment of this paragraph, the Administrator shall make studies submitted under subparagraph (A)(ii) available to the public.”.