Section 1 Short title
This Act may be cited as the “Preventing Mass Casualties from Release of Hydrofluoric Acid at Refineries Act of 2026”.
Preventing Mass Casualties from Release of Hydrofluoric Acid at Refineries Act of 2026
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.
Sec. 2 Findings
Congress finds the following:
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.
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).
The release of a sufficient quantity of hydrogen fluoride (hydrofluoric acid) from a petroleum refinery has in the past, and could in the future, caused immediate injuries or deaths to refinery workers who are exposed.
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.
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.
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.
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—
by redesignating subsection (j) as subsection (k); and
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.”