[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2994 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2994
To list certain perfluoroalkyl and polyfluoroalkyl substances as
hazardous air pollutants, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2021
Mr. Padilla (for himself, Mrs. Shaheen, Mrs. Gillibrand, Mrs.
Feinstein, Ms. Hassan, and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To list certain perfluoroalkyl and polyfluoroalkyl substances as
hazardous air pollutants, 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 ``Prevent Release Of Toxics Emissions,
Contamination, and Transfer Act of 2021'' or the ``PROTECT Act of
2021''.
SEC. 2. LISTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS
HAZARDOUS AIR POLLUTANTS.
(a) Listing.--
(1) Initial listing.--Section 112(b) of the Clean Air Act
(42 U.S.C. 7412(b)) is amended by adding at the end the
following:
``(8) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Subject to subparagraph (B),
beginning on the date of enactment of the Prevent
Release Of Toxics Emissions, Contamination, and
Transfer Act of 2021, the following substances are
included on the list of hazardous air pollutants under
paragraph (1):
``(i) Perfluorooctanoic acid and its salts.
``(ii) Perfluorooctanesulfonic acid and its
salts.
``(iii) Perfluorobutanesulfonic acid.
``(iv) Hexafluoropropylene oxide dimer acid
and its ammonium salt (commonly referred to as
`GenX chemicals').
``(B) Implementing regulations.--
``(i) Source categories.--Notwithstanding
any other provision of this section, not later
than 2 years after the date of enactment of the
Prevent Release Of Toxics Emissions,
Contamination, and Transfer Act of 2021, the
Administrator shall revise the list of the
categories and subcategories of major sources
and area sources established under subsection
(c)(1) to include the categories and
subcategories of the substances described in
subparagraph (A).
``(ii) Other regulations.--Notwithstanding
any other provision of this section and except
as provided in clause (i), not later than 5
years after the date of enactment of the
Prevent Release Of Toxics Emissions,
Contamination, and Transfer Act of 2021, the
Administrator shall finalize the emission
standards and other regulations necessary under
this section for the substances included on the
list of hazardous air pollutants under
subparagraph (A).
``(iii) Savings clause.--The Administrator
may not enforce the listing of any hazardous
air pollutant under subparagraph (A) until the
regulations issued under clause (ii) are
finalized.''.
(2) Additional listings.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency (referred to in this
Act as the ``Administrator'') shall determine whether
to issue, in accordance with section 112 of the Clean
Air Act (42 U.S.C. 7412), final rules adding
perfluoroalkyl and polyfluoroalkyl substances other
than the perfluoroalkyl and polyfluoroalkyl substances
described in subsection (b)(8) of that section to the
list of hazardous air pollutants established under
subsection (b) of that section.
(B) Sources categories.--Not later than 2 years
after the date on which a final rule is issued pursuant
to subparagraph (A), the Administrator shall revise the
list of the categories and subcategories of major
sources and area sources established under section
112(c)(1) of the Clean Air Act (42 U.S.C. 7412(c)(1))
to include the categories and subcategories of major
sources and area sources of the perfluoroalkyl and
polyfluoroalkyl substances listed pursuant to that
final rule.
(C) Other regulations.--Notwithstanding any other
provision of section 112 of the Clean Air Act (42
U.S.C. 7412) and except as provided in subparagraph
(B), not later than 5 years after the date of enactment
of this Act, the Administrator shall finalize the
emission standards and other regulations necessary
under that section for the substances described in
subparagraph (A).
(b) Petitions.--Nothing in this Act or an amendment made by this
Act affects the requirement that the Administrator grant or deny a
petition under section 112(b)(3)(A) of the Clean Air Act (42 U.S.C.
7412(b)(3)(A)) within 18 months of the receipt of the petition,
including a petition with respect to a substance described in
subsection (a)(2)(A).
(c) Quantification.--For each substance added to the list of
hazardous air pollutants established under section 112(b) of the Clean
Air Act (42 U.S.C. 7412(b)) pursuant to this Act or under an amendment
made by this Act, the Administrator shall--
(1) provide support and services to advance the
understanding of sources of emissions of the substance, or an
appropriate surrogate for that substance, the state of
technology for control of those emissions, and measurement
approaches to quantify and measure those emissions; and
(2) to the extent practicable, continue to develop and
improve the relevant source testing and ambient air measurement
methodologies to facilitate--
(A) the identification of emissions sources of the
substance; and
(B) the detection and reporting of the emitted
amounts of the substance.
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