S-1507 : Still Just a Bill

PFAS Release Disclosure Act

This bill requires specified perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS, to be immediately included in the Toxics Release Inventory (TRI) of the Environmental Protection Agency (EPA). These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.

PFAS that are being assessed for toxicity value, subject to the significant new use rule, or subject to an ongoing or future significant new use rule must be added to the TRI after finalization of the relevant assessment.

The bill also implements a 100-pound threshold for purposes of reporting such PFAS that are included in the TRI. The EPA must determine whether a revision of the threshold is warranted in five years.

The EPA must determine within two years whether specified PFAS, such as perfluorobutanesulfonic acid, warrant inclusion in the TRI.

With regard to PFAS that are subject to a claim of a person of protection from disclosure, the EPA must review that claim and require the person to reassert and substantiate that claim. If the substance qualifies for protection from disclosure, the EPA must include the substance in the TRI in a manner that does not disclose the protected information.

Owners or operators of facilities that manufacture, process, or use a PFAS included in the TRI per this bill must complete a toxic chemical release form for each chemical that was manufactured, processed, or otherwise used at certain thresholds.