S.Amdt. 3868

SA 3868. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in title X, insert the following:

SEC. 1___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS
RELEASE INVENTORY.

(a) In General.--Section 7321 of the PFAS Act of 2019 (15
U.S.C. 8921) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) by striking the subsection designation and heading and
all that follows through ``Subject'' in the matter preceding
subparagraph (A) of paragraph (1) and inserting the
following:
``(b) Immediate Inclusion.--Subject'';
(C) in subparagraph (B), by striking ``subparagraph (A)''
and inserting ``paragraph (1)'';
(D) in subparagraph (D), by striking ``subparagraph (C)''
and inserting ``paragraph (3)'';
(E) in subparagraph (G), by striking ``subparagraph (F)''
and inserting ``paragraph (6)'';
(F) by redesignating subparagraphs (A) through (I) as
paragraphs (1) through (9), respectively, and indenting the
paragraphs appropriately; and
(G) in paragraph (5) (as so redesignated)--
(i) in the matter preceding clause (i), by striking
``class'' and inserting ``category'';
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting the subparagraphs
appropriately; and
(iii) in subparagraph (B) (as so redesignated), by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively, and indenting the clauses appropriately;
(2) in subsection (c)--
(A) by striking paragraph (2);
(B) in paragraph (1), by striking ``class'' each place it
appears and inserting ``category'';
(C) by striking the subsection designation and heading and
all that follows through ``Subject'' in the matter preceding
clause (i) of paragraph (1)(A) and inserting the following:
``(c) Inclusion Following Assessment.--
``(1) Date of inclusion.--Subject'';
(D) by redesignating subparagraph (B) as paragraph (2);
(E) in paragraph (1) (as so designated)--
(i) in the matter preceding clause (i), by striking
``subsection (b)(1)'' and inserting ``subsection (b)'';
(ii) by redesignating clauses (i) through (iv) as
subparagraphs (A) through (D), respectively, and indenting
the subparagraphs appropriately; and
(iii) in subparagraph (D) (as so redesignated), by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively, and indenting the clauses appropriately;
and
(F) in paragraph (2) (as so redesignated), by striking
``this paragraph'' and inserting ``this subsection'';
(3) in subsection (d)--
(A) by striking ``classes'' each place it appears and
inserting ``categories'';
(B) by striking ``class'' each place it appears and
inserting ``category''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (b)(1)'' and inserting ``subsection (b)''; and
(ii) in subparagraph (L), by striking ``subsection
(b)(1)(F)'' and inserting ``subsection (b)(6)'';
(4) in subsection (e)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``subsection (b)(1), (c)(1)'' and inserting
``subsection (b), (c)''; and
(B) by striking ``class'' each place it appears and
inserting ``category''; and
(5) by adding at the end the following:
``(g) Reporting Requirements.--
``(1) Threshold for reporting requirements.--
``(A) In general.--
``(i) Threshold.--Subject to subparagraph (C), the
threshold for reporting under section 313 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11023) shall be met if, for a facility, the aggregate of the
sums of quantities described in clause (ii) is not less than
100 pounds.
``(ii) Sums of quantities described.--The sums of
quantities referred to in clause (i) are--

``(I) the sum of the quantities of substances and
categories of substances described in subsections (b), (c),
and (d)(3) manufactured by a facility;
``(II) the sum of the quantities of substances and
categories of substances described in subsections (b), (c),
and (d)(3) processed by a facility; and
``(III) the sum of the quantities of substances and
categories of substances described in subsections (b), (c),
and (d)(3) otherwise used by a facility.

``(B) Method of reporting.--After a threshold determination
described in subparagraph (A)(i) has been made, a toxic
chemical release form shall be reported separately for each
substance or category of substances described in subsections
(b), (c), and (d)(3) for which a facility conducted a
manufacturing, processing, or other use activity.
``(C) Revisions.--Not later than 5 years after the date on
which a perfluoroalkyl or polyfluoroalkyl substance or
category of perfluoroalkyl or polyfluoroalkyl substances is
included in the toxics release inventory under subsection
(b), (c), or (d)(3), the Administrator shall--
``(i) determine whether revision of the threshold,
category, or threshold and category under subparagraph (A)(i)
is warranted for the substance or category of substances; and
``(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
``(2) Limitations.--
``(A) Conditional addition to list of lower thresholds for
chemicals of special concern.--The Administrator shall revise
section 372.28 of title 40, Code of Federal Regulations (or
successor regulations), to add a perfluoroalkyl or
polyfluoroalkyl substance or category of perfluoroalkyl or
polyfluoroalkyl substances described in subsection (b), (c),
or (d)(3) to that section unless the Administrator, in
accordance with paragraph (1)(C), revises the threshold for
reporting that substance or category of substances to 10,000
pounds or greater.
``(B) Notification about toxic chemicals.--A perfluoroalkyl
or polyfluoroalkyl substance or category of perfluoroalkyl or
polyfluoroalkyl substances described in subsection (b), (c),
or (d)(3) shall not be eligible for the exemption from
supplier notification under section 372.45(d)(1) of title 40,
Code of Federal Regulations (or successor regulations).
``(C) Revisions.--Not later than 5 years after the date on
which a perfluoroalkyl or polyfluoroalkyl substance or
category of perfluoroalkyl or polyfluoroalkyl substances is
included in the toxics release inventory under subsection
(b), (c), or (d)(3), the Administrator shall--
``(i) determine whether revision of the supplier
notification requirement under section 372.45 of title 40,
Code of Federal Regulations (or successor regulations), is
warranted for the substance or category of substances; and
``(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision pursuant to
section 328 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11048).''.
(b) Conforming Amendments.--Section 313(c)(2) of the
Emergency Planning and Community Right-To-Know Act of 1986
(42 U.S.C. 11023(c)(2)) is amended--
(1) by striking ``subsections (b)(1), (c)(1)'' and
inserting ``subsections (b), (c)''; and
(2) by striking ``2019'' and inserting ``2019 (15 U.S.C.
8921)''.
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