PFAS Cleanup Act

E Tax on perfluoroalkyl and polyfluoroalkyl substances

4691. Imposition of tax

(a) General rule. There is hereby imposed a tax on any perfluoroalkyl or polyfluoroalkyl substance sold by the manufacturer, producer, or importer thereof.

(b) Amount of tax. The amount of tax imposed by subsection (a) shall be equal to 45 percent of the price for which the perfluoroalkyl or polyfluoroalkyl substance is sold.

4692. Definitions and special rules

(a) Definitions. For purposes of this subchapter—

(1) Perfluoroalkyl or polyfluoroalkyl substance. The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical—

(A) with at least one fully fluorinated carbon atom, and

(B) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing.

(2) United States. The term United States has the meaning given such term by section 4612(a)(4).

(3) Importer. The term importer means the person entering the perfluoroalkyl or polyfluoroalkyl substance for consumption, use, or warehousing.

(b) Use treated as sale. If any person manufactures, produces, or imports any perfluoroalkyl or polyfluoroalkyl substance and uses such substance, then such person shall be liable for tax under section 4691 in the same manner as if such substance were sold by such person (at a price equal to the fair market value of such substance).

(c) Disposition of revenues from Puerto Rico and the Virgin Islands. The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4691.

(d) Regulations. The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subchapter.

Subchapter E. Tax on perfluoroalkyl and polyfluoroalkyl substances.