15 USC 8921 - Additions to toxics release inventory

U.S Code last checked for updates: Nov 22, 2024

§ 8921.

Additions to toxics release inventory

(a)

Definition of toxics release inventory

(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; 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

(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.

(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 calendar year after any of the following dates:

(i)

Final toxicity value

(ii)

Significant new use rule

(iii)

Addition to existing significant new use rule

(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 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

(2)

Threshold for reporting

(A)

In general

(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.

(d)

Inclusion following determination

(1)

In general

(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

(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, 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.

(2)

Nondisclosure of protection information

(Pub. L. 116–92, div. F, title LXXIII, § 7321, Dec. 20, 2019, 133 Stat. 2277.)

cite as: 15 USC 8921