Preventing Mass Casualties from Release of Hydrofluoric Acid at Refineries Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10441 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10441

   To amend the Toxic Substances Control Act to prohibit the use of 
hydrogen fluoride (hydrofluoric acid) at petroleum refineries, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2024

   Ms. Waters (for herself, Mr. Lieu, Ms. Barragan, Mr. Cohen, Mrs. 
 Ramirez, Mr. Robert Garcia of California, Ms. Norton, Ms. Tlaib, Ms. 
 Kamlager-Dove, Ms. Scanlon, and Ms. Lee of California) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Toxic Substances Control Act to prohibit the use of 
hydrogen fluoride (hydrofluoric acid) at petroleum refineries, 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 ``Preventing Mass Casualties from 
Release of Hydrofluoric Acid at Refineries Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Hydrogen fluoride (hydrofluoric acid) is an 
        exceptionally hazardous chemical, which is used in large 
        quantities in approximately 40 petroleum refineries in the 
        United States to refine petroleum in order to produce high 
        octane gasoline.
            (2) Petroleum refineries are vulnerable to accidents, 
        natural disasters, and intentional subversive acts, which could 
        result in the release of a large quantity of hydrogen fluoride 
        (hydrofluoric acid).
            (3) The release of a sufficient quantity of hydrogen 
        fluoride (hydrofluoric acid) from a petroleum refinery has in 
        the past, and could in the future, cause immediate injuries or 
        deaths to refinery workers who are exposed.
            (4) The release of a sufficient quantity of hydrogen 
        fluoride (hydrofluoric acid) from a petroleum refinery could 
        cause a mass casualty event in the surrounding community, 
        resulting in immediate deaths or permanent injuries to 
        thousands of people living, working, or traveling within a 
        radius of up to 25 miles.
            (5) More than 14 million people are at risk of death or 
        permanent injuries as a result of living in communities 
        surrounding petroleum refineries that use hydrogen fluoride 
        (hydrofluoric acid), and many of these at-risk communities are 
        disproportionately impacted by environmental burdens.
            (6) Alternative technologies are available that would 
        enable petroleum refineries to convert from the use of hydrogen 
        fluoride (hydrofluoric acid) to a vastly safer, commercially 
        proven alternative method for refining petroleum to produce 
        high octane gasoline, and these alternative technologies are 
        already used in the majority of refineries in the United 
        States.
            (7) New petroleum refineries should not be allowed to use 
        hydrogen fluoride (hydrofluoric acid) to refine petroleum, and 
        petroleum refineries that currently use hydrogen fluoride 
        (hydrofluoric acid) should be required to convert to a safer 
        alternative.

SEC. 3. PROHIBITION ON USE OF HYDROFLUORIC ACID AT PETROLEUM 
              REFINERIES.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:
    ``(j) Prohibition on Use of Hydrofluoric Acid at Petroleum 
Refineries.--
            ``(1) New refineries.--No person may use hydrogen fluoride 
        (hydrofluoric acid) to refine petroleum at a petroleum refinery 
        that begins operating on or after the date of enactment of this 
        subsection.
            ``(2) Existing refineries.--
                    ``(A) Prohibition.--Beginning on the date that is 5 
                years after the date of enactment of this subsection, 
                no person may use hydrogen fluoride (hydrofluoric acid) 
                to refine petroleum at a petroleum refinery that began 
                operating before the date of enactment of this 
                subsection.
                    ``(B) Civil penalty.--Notwithstanding the first 
                sentence of section 16(a)(1), the amount of a civil 
                penalty under such first sentence for violating a 
                provision of section 15 with respect to a requirement 
                of this paragraph shall be $37,500 for each such 
                violation.
            ``(3) Application of waiver authority.--Notwithstanding 
        section 22, the Administrator may not issue a waiver under such 
        section with respect to the prohibition on the use of hydrogen 
        fluoride (hydrofluoric acid) at a petroleum refinery under this 
        subsection.''.
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