Overview
Title
To direct the Administrator of the Environmental Protection Agency to issue a final rule adding as a class all perfluoroalkyl and polyfluoroalkyl substances with at least one fully fluorinated carbon atom to the list of hazardous air pollutants under section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)), and for other purposes.
ELI5 AI
The PROTECT Act of 2023 wants the EPA to label certain chemicals called PFAS, which are used in many everyday items, as harmful to the air. This means the EPA has to start checking more places for these chemicals and make rules about them more quickly.
Summary AI
H.R. 6834, also known as the “Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2023” or the “PROTECT Act of 2023,” proposes a rule to categorize certain chemicals called perfluoroalkyl and polyfluoroalkyl substances (PFAS) as hazardous air pollutants. The bill instructs the Environmental Protection Agency (EPA) to add PFAS with at least one fully fluorinated carbon atom to this hazardous list within 180 days after the bill becomes law. Additionally, the EPA must update its list of major and area sources of air pollution related to PFAS within a year after this rule is made final.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Summary of the Bill
The proposed legislation, known as the "Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2023" or the "PROTECT Act of 2023," seeks to address environmental concerns related to certain chemical substances. Specifically, it directs the Environmental Protection Agency (EPA) to classify all perfluoroalkyl and polyfluoroalkyl substances (commonly referred to as PFAS) with at least one fully fluorinated carbon atom as hazardous air pollutants. This classification must be finalized within 180 days of the Act's passage. Furthermore, within 365 days of issuing this final rule, the EPA will revise its list of sources to include major and minor producers of these substances.
Significant Issues
The bill presents several issues worth noting. Firstly, the timeline for implementing these changes is relatively tight. The EPA is given 180 days to classify these substances and an additional 365 days to revise its list of sources. This timetable may restrict the opportunity for thorough public consultation and analysis, potentially affecting those impacted by the new regulations.
Secondly, the definition of the substances as those with at least one fully fluorinated carbon atom is broad and could lead to regulatory uncertainty. This ambiguity may result in legal challenges and compliance difficulties for industries dealing with these chemicals.
Additionally, the terms "major sources and area sources" used in the bill are not explicitly defined, which could lead to inconsistent interpretation and enforcement across different sectors.
Lastly, the legislation does not address the budgetary or resource implications for the EPA, potentially imposing an administrative burden that could affect the agency's ability to enforce the new rules effectively.
Broader Public Impact
For the general public, the passage of the PROTECT Act could signify an important step toward reducing exposure to hazardous air pollutants, specifically those emanating from PFAS, which have been linked to several health concerns. The regulation of these substances as hazardous air pollutants might lead to cleaner air and an overall positive impact on public health.
However, the tight timelines and broad definitions could lead to unforeseen complications. If the EPA struggles to implement these rules effectively due to resource constraints or legal challenges, there may be delays in realizing these public health benefits.
Impact on Stakeholders
For industry stakeholders, particularly manufacturers that use or produce PFAS, the bill may mean increased regulatory compliance requirements. The broad definition of PFAS could encompass a wide range of substances, potentially leading to significant operational changes.
Conversely, the bill might provide clarity and uniformity in how these substances are regulated across the country, helping industries better understand compliance requirements. Yet, until the definitions and source classifications are clarified, there is potential for uncertainty and financial impact.
Environmental advocacy groups are likely to view the bill favorably, as it aligns with broader efforts to reduce toxic emissions and protect the environment. These groups may support the legislation as a critical move towards addressing the pollution and health impacts of chemicals that are often called "forever chemicals" due to their persistence in the environment.
In conclusion, while the PROTECT Act of 2023 aims to address significant environmental and public health issues, the challenges associated with its implementation could influence its overall effectiveness and stakeholder acceptance.
Issues
The timeline set forth in Section 2 for issuing the final rule (180 days) and revising the list (365 days) may not allow for adequate public consultation and detailed analysis, potentially impacting stakeholders and the general public who may be affected by these regulations.
The broad definition of perfluoroalkyl and polyfluoroalkyl substances in Section 2, as those with at least one fully fluorinated carbon atom, lacks precision and may lead to regulatory uncertainty, causing potential legal challenges and compliance difficulties for manufacturers and industries.
The language in Section 2 does not clarify the terms 'major sources and area sources,' which could result in inconsistent understanding and application across different sectors, leading to possible enforcement and compliance issues.
Section 2 does not address any budgetary or resource implications for the Environmental Protection Agency, which could lead to administrative or financial strain, affecting the agency's ability to effectively implement and enforce the new rules.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill gives it a short title, allowing it to be referred to as the “Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2023” or simply the “PROTECT Act of 2023”.
2. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants Read Opens in new tab
Summary AI
The section mandates that the Environmental Protection Agency (EPA) must classify all perfluoroalkyl and polyfluoroalkyl substances (PFAS) with at least one fully fluorinated carbon atom as hazardous air pollutants within 180 days of the enactment of the Act. Additionally, within 365 days following the decision, the EPA is required to update its list to include major and minor sources of these substances.