[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 535 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 535
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2020
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To require the Administrator of the Environmental Protection Agency to
designate per- and polyfluoroalkyl substances as hazardous substances
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``PFAS Action Act of
2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Designation as hazardous substances.
Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances.
Sec. 4. Manufacturing and processing notices for perfluoroalkyl and
polyfluoroalkyl substances.
Sec. 5. National primary drinking water regulations for PFAS.
Sec. 6. Enforcement.
Sec. 7. Establishment of PFAS infrastructure grant program.
Sec. 8. Listing of perfluoroalkyl and polyfluoroalkyl substances as
hazardous air pollutants.
Sec. 9. Prohibition on unsafe waste incineration of PFAS.
Sec. 10. Label for PFAS-free products.
Sec. 11. Guidance on minimizing the use of firefighting foam and other
related equipment containing any PFAS.
Sec. 12. Investigation of prevention of contamination by GenX.
Sec. 13. Disclosure of introductions of PFAS.
Sec. 14. Household well water testing website.
Sec. 15. Risk-communication strategy.
Sec. 16. Assistance to Territories for addressing emerging
contaminants, with a focus on
perfluoroalkyl and polyfluoroalkyl
substances.
Sec. 17. Clean Water Act effluent standards, pretreatment standards,
and water quality criteria for PFAS.
SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES.
(a) Designation.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall designate perfluorooctanoic acid and its salts, and
perfluoroactanesulfonic acid and its salts, as hazardous substances
under section 102(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).
(b) Deadline for Additional Determinations.--Not later than 5 years
after the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall determine whether to designate
all perfluoroalkyl and polyfluoroalkyl substances, other than those
perfluoroalkyl and polyfluoroalkyl substances designated pursuant to
subsection (a), as hazardous substances under section 102(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9602(a)) individually or in groups.
(c) Airport Sponsors.--
(1) In general.--No sponsor, including a sponsor of the
civilian portion of a joint-use airport or a shared-use airport
(as such terms are defined in section 139.5 of title 14, Code
of Federal Regulations (or a successor regulation)), shall be
liable under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for the costs of responding to, or damages resulting
from, a release to the environment of a perfluoroalkyl or
polyfluoroalkyl substance designated as a hazardous substance
under section 102(a) of such Act that resulted from the use of
aqueous film forming foam agent, if such use was--
(A) required by the Federal Aviation Administration
for compliance with part 139 of title 14, Code of
Federal Regulations; and
(B) carried out in accordance with Federal Aviation
Administration standards and guidance on the use of
such substance.
(2) Sponsor defined.--In this subsection, the term
``sponsor'' has the meaning given such term in section 47102 of
title 49, United States Code.
(d) Public Availability.--Not later than 60 days after making a
determination under subsection (b), the Administrator of the
Environmental Protection Agency shall make the results of such
determination publicly available on the website of the Environmental
Protection Agency.
(e) Review.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Administrator of the
Environmental Protection Agency shall submit to the appropriate
congressional committees a report containing a review of
actions by the Environmental Protection Agency to clean up
contamination of the substances designated pursuant to
subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include an assessment of cleanup progress and effectiveness,
including the following:
(A) The number of sites where the Environmental
Protection Agency has acted to remediate contamination
of the substances designated pursuant to subsection
(a).
(B) Which types of chemicals relating to such
substances were present at each site and the extent to
which each site was contaminated.
(C) An analysis of discrepancies in cleanup between
Federal and non-Federal contamination sites.
(D) Any other elements the Administrator may
determine necessary.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on Energy and Commerce of the
House of Representatives.
(B) The Committee on the Environment and Public
Works of the Senate.
SEC. 3. TESTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Testing Requirements.--Section 4(a) of the Toxic Substances
Control Act (15 U.S.C. 2603(a)) is amended by adding at the end the
following:
``(5) Perfluoroalkyl and polyfluoroalkyl substances rule.--
``(A) Rule.--Notwithstanding paragraphs (1) through
(3), the Administrator shall, by rule, require that
comprehensive toxicity testing be conducted on all
chemical substances that are perfluoroalkyl or
polyfluoroalkyl substances.
``(B) Requirements.--In issuing a rule under
subparagraph (A), the Administrator--
``(i) may establish categories of
perfluoroalkyl and polyfluoroalkyl substances
based on hazard characteristics or chemical
properties;
``(ii) shall require the development of
information relating to perfluoroalkyl and
polyfluoroalkyl substances that the
Administrator determines is likely to be useful
in evaluating the hazard and risk posed by such
substances in land, air, and water (including
drinking water), as well as in products; and
``(iii) may allow for varied or tiered
testing requirements based on hazard
characteristics or chemical properties of
perfluoroalkyl and polyfluoroalkyl substances
or categories of perfluoroalkyl and
polyfluoroalkyl substances.
``(C) Deadlines.--The Administrator shall issue--
``(i) a proposed rule under subparagraph
(A) not later than 6 months after the date of
enactment of this paragraph; and
``(ii) a final rule under subparagraph (A)
not later than 2 years after the date of
enactment of this paragraph.''.
(b) Persons Subject to Rule.--Section 4(b)(3) of the Toxic
Substances Control Act (15 U.S.C. 2603(b)(3)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (B), (C), or (D)''; and
(2) by adding at the end the following:
``(D) A rule under subsection (a)(5) shall require the development
of information by any person who manufactures or processes, or intends
to manufacture or process, a chemical substance that is a
perfluoroalkyl or polyfluoroalkyl substance.''.
(c) Perfluoroalkyl and Polyfluoroalkyl Substances.--Section 4 of
the Toxic Substances Control Act (15 U.S.C. 2603) is amended by adding
at the end the following:
``(i) Perfluoroalkyl and Polyfluoroalkyl Substances.--
``(1) Testing requirement rule.--
``(A) Protocols and methodologies.--In determining
the protocols and methodologies to be included pursuant
to subsection (b)(1) in a rule under subsection (a)(5),
the Administrator shall allow for protocols and
methodologies that test chemical substances that are
perfluoroalkyl and polyfluoroalkyl substances as a
class.
``(B) Period.--In determining the period to be
included pursuant to subsection (b)(1) in a rule under
subsection (a)(5), the Administrator shall ensure that
the period is as short as possible while allowing for
completion of the required testing.
``(2) Exemptions.--In carrying out subsection (c) with
respect to a chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance, the Administrator--
``(A) may only determine under subsection (c)(2)
that information would be duplicative if the chemical
substance with respect to which the application for
exemption is submitted is in the same category, as
established under subsection (a)(5)(B)(i), as a
chemical substance for which information has been
submitted to the Administrator in accordance with a
rule, order, or consent agreement under subsection (a)
or for which information is being developed pursuant to
such a rule, order, or consent agreement; and
``(B) shall publish a list of all such chemical
substances for which an exemption under subsection (c)
is granted.''.
SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is
amended--
(1) in subsection (h), by adding at the end the following:
``(7) This subsection does not apply to any chemical substance that
is a perfluoroalkyl or polyfluoroalkyl substance.''; and
(2) by adding at the end the following:
``(j) Perfluoroalkyl and Polyfluoroalkyl Substances.--
``(1) Determination.--For a period of 5 years beginning on
the date of enactment of this subsection, any chemical
substance that is a perfluoroalkyl or polyfluoroalkyl substance
for which a notice is submitted under subsection (a) shall be
deemed to have been determined by the Administrator to present
an unreasonable risk of injury to health or the environment
under paragraph (3)(A) of such subsection.
``(2) Order.--Notwithstanding subsection (a)(3)(A), for a
chemical substance described in paragraph (1) of this
subsection, the Administrator shall issue an order under
subsection (f)(3) to prohibit the manufacture, processing, and
distribution in commerce of such chemical substance.''.
SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall, after notice and opportunity for public comment,
promulgate a national primary drinking water regulation
for perfluoroalkyl and polyfluoroalkyl substances,
which shall, at a minimum, include standards for--
``(i) perfluorooctanoic acid (commonly
referred to as `PFOA'); and
``(ii) perfluorooctane sulfonic acid
(commonly referred to as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1 year
after the validation by the Administrator of an
equally effective quality control and testing
procedure to ensure compliance with the
national primary drinking water regulation
promulgated under subparagraph (A) to measure
the levels described in clause (ii) or other
methods to detect and monitor perfluoroalkyl
and polyfluoroalkyl substances in drinking
water, the Administrator shall add the
procedure or method as an alternative to the
quality control and testing procedure described
in such national primary drinking water
regulation by publishing the procedure or
method in the Federal Register in accordance
with section 1401(1)(D).
``(ii) Levels described.--The levels
referred to in clause (i) are--
``(I) the level of a perfluoroalkyl
or polyfluoroalkyl substance;
``(II) the total levels of
perfluoroalkyl and polyfluoroalkyl
substances; and
``(III) the total levels of organic
fluorine.
``(C) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(i) the list of contaminants for
consideration of regulation under paragraph
(1)(B)(i), in accordance with such paragraph;
and
``(ii) the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i),
in accordance with such section.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a
national primary drinking water regulation under
subparagraph (A) or subparagraph (G)(ii), the
Administrator shall tailor the monitoring requirements
for public water systems that do not detect or are
reliably and consistently below the maximum contaminant
level (as defined in section 1418(b)(2)(B)) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to
the national primary drinking water regulation.
``(E) Health protection.--The national primary
drinking water regulation promulgated under
subparagraph (A) shall be protective of the health of
subpopulations at greater risk, as described in section
1458.
``(F) Health risk reduction and cost analysis.--In
meeting the requirements of paragraph (3)(C), the
Administrator may rely on information available to the
Administrator with respect to one or more specific
perfluoroalkyl or polyfluoroalkyl substances to
extrapolate reasoned conclusions regarding the health
risks and effects of a class of perfluoroalkyl or
polyfluoroalkyl substances of which the specific
perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(G) Regulation of additional substances.--
``(i) Determination.--The Administrator
shall make a determination under paragraph
(1)(A), using the criteria described in clauses
(i) through (iii) of that paragraph, whether to
include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances in the national
primary drinking water regulation under
subparagraph (A) not later than 18 months after
the later of--
``(I) the date on which the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on
the list of contaminants for
consideration of regulation under
paragraph (1)(B)(i); and
``(II) the date on which--
``(aa) the Administrator
has received the results of
monitoring under section
1445(a)(2)(B) for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(bb) the Administrator
has received reliable water
data or water monitoring
surveys for the perfluoroalkyl
or polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances from
a Federal or State agency that
the Administrator determines to
be of a quality sufficient to
make a determination under
paragraph (1)(A).
``(ii) Primary drinking water
regulations.--
``(I) In general.--For each
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the
Administrator determines to regulate
under clause (i), the Administrator--
``(aa) not later than 18
months after the date on which
the Administrator makes the
determination, shall propose a
national primary drinking water
regulation for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; and
``(bb) may publish the
proposed national primary
drinking water regulation
described in item (aa)
concurrently with the
publication of the
determination to regulate the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances.
``(II) Deadline.--
``(aa) In general.--Not
later than 1 year after the
date on which the Administrator
publishes a proposed national
primary drinking water
regulation under clause (i)(I)
and subject to item (bb), the
Administrator shall take final
action on the proposed national
primary drinking water
regulation.
``(bb) Extension.--The
Administrator, on publication
of notice in the Federal
Register, may extend the
deadline under item (aa) by not
more than 6 months.
``(H) Health advisory.--
``(i) In general.--Subject to clause (ii),
the Administrator shall publish a health
advisory under paragraph (1)(F) for a
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances not subject to a national primary
drinking water regulation not later than 1 year
after the later of--
``(I) the date on which the
Administrator finalizes a toxicity
value for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the
Administrator validates an effective
quality control and testing procedure
for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances.
``(ii) Waiver.--The Administrator may waive
the requirements of clause (i) with respect to
a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl and polyfluoroalkyl
substances if the Administrator determines that
there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water
with sufficient frequency to justify the
publication of a health advisory, and publishes
such determination, including the information
and analysis used, and basis for, such
determination, in the Federal Register.''.
SEC. 6. ENFORCEMENT.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not impose financial penalties
for the violation of a national primary drinking water regulation (as
defined in section 1401 of the Safe Drinking Water Act (42 U.S.C.
300f)) with respect to a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances for which a
national primary drinking water regulation has been promulgated under
section 1412(b)(16) of the Safe Drinking Water Act earlier than the
date that is 5 years after the date on which the Administrator
promulgates the national primary drinking water regulation.
SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUCTURE GRANT PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following new section:
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of PFAS in
water of the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to remove all detectable
amounts of PFAS.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every 2 years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator, after providing an opportunity for
public comment, determines are effective at removing all detectable
amounts of PFAS from drinking water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize affected community water systems
that--
``(1) serve a disadvantaged community or a
disproportionately exposed community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology; or
``(3) demonstrate the capacity to maintain the eligible
treatment technology to be implemented using the grant.
``(e) No Increased Bonding Authority.--Amounts awarded to affected
community water systems under this section may not be used as a source
of payment of, or security for (directly or indirectly), in whole or in
part, any obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of 1986.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section not more than--
``(A) $125,000,000 for each of fiscal years 2020
and 2021; and
``(B) $100,000,000 for each of fiscal years 2022
through 2024.
``(2) Special rule.--Of the amounts authorized to be
appropriated by paragraph (1), $25,000,000 are authorized to be
appropriated for each of fiscal years 2020 and 2021 for grants
under subsection (a) to pay for capital costs associated with
the implementation of eligible treatment technologies during
the period beginning on October 1, 2014, and ending on the date
of enactment of this section.
``(g) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of PFAS in the water in the community
water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Disproportionately exposed community.--The term
`disproportionately exposed community' means a community in
which climate change, pollution, or environmental destruction
have exacerbated systemic racial, regional, social,
environmental, and economic injustices by disproportionately
affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the elderly,
the unhoused, people with disabilities, or youth.
``(4) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).
``(5) PFAS.--The term `PFAS' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom, including the chemical GenX.''.
SEC. 8. LISTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS
HAZARDOUS AIR POLLUTANTS.
(a) Listing.--
(1) Initial listing.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall issue a final rule adding
perfluorooctanoic acid and its salts, and
perfluoroactanesulfonic acid and its salts, to the list of
hazardous air pollutants under section 112(b) of the Clean Air
Act (42 U.S.C. 7412(b)).
(2) Additional listings.--Not later than 5 years after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall determine whether to
issue, in accordance with section 112 of the Clean Air Act (42
U.S.C. 7412), any final rules adding perfluoroalkyl and
polyfluoroalkyl substances, other than those perfluoroalkyl and
polyfluoroalkyl substances listed pursuant to paragraph (1), to
the list of hazardous air pollutants under section 112(b) of
such Act.
(b) Sources Categories.--Not later than 365 days after any final
rule is issued pursuant to subsection (a), the Administrator of the
Environmental Protection Agency shall revise the list under section
112(c)(1) of the Clean Air Act (42 U.S.C. 7412(c)(1)) to include
categories and subcategories of major sources and area sources of
perfluoroalkyl and polyfluoroalkyl substances listed pursuant to such
final rule.
SEC. 9. PROHIBITION ON UNSAFE WASTE INCINERATION OF PFAS.
Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is
amended by adding at the end the following new subsection:
``(z) PFAS Wastes.--
``(1) Firefighting foam.--Not later than 6 months after the
date of enactment of this subsection, the Administrator shall
promulgate regulations requiring that when materials containing
perfluoroalkyl and polyfluoroalkyl substances or aqueous film
forming foam are disposed--
``(A) all incineration is conducted in a manner
that eliminates perfluoroalkyl and polyfluoroalkyl
substances while also minimizing perfluoroalkyl and
polyfluoroalkyl substances emitted into the air to the
extent feasible;
``(B) all incineration is conducted in accordance
with the requirements of the Clean Air Act, including
controlling hydrogen fluoride;
``(C) any materials containing perfluoroalkyl and
polyfluoroalkyl substances that are designated for
disposal are stored in accordance with the requirement
under part 264 of title 40, Code of Federal
Regulations; and
``(D) all incineration is conducted at a facility
that has been permitted to receive waste regulated
under this subtitle.
``(2) Penalties.--For purposes of section 3008(d), a waste
subject to a prohibition under this subsection shall be
considered a hazardous waste identified or listed under this
subtitle.''.
SEC. 10. LABEL FOR PFAS-FREE PRODUCTS.
(a) Label for PFAS-Free Products.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency shall--
(1) revise the Safer Choice Standard of the Safer Choice
Program to identify the requirements for a pot, pan, cooking
utensil, carpet, or rug, clothing, or upholstered furniture, or
a stain resistant, water resistant, or grease resistant coating
not subject to requirements under section 409 of the Federal
Food, Drug, and Cosmetic Act to meet in order to be labeled
with a Safer Choice label, including a requirement that any
such pot, pan, cooking utensil, carpet, rug, clothing, or
upholstered furniture, or stain resistant, water resistant, or
grease resistant coating does not contain any PFAS; or
(2) establish a voluntary label that is available to be
used by any manufacturer of any pot, pan, cooking utensil,
carpet, rug, clothing, or upholstered furniture, or stain
resistant, water resistant, or grease resistant coating not
subject to requirements under section 409 of the Federal Food,
Drug, and Cosmetic Act that the Administrator has reviewed and
found does not contain any PFAS.
(b) Definition.--In this section, the term ``PFAS'' means a
perfluoroalkyl or polyfluoroalkyl substance with at least one fully
fluorinated carbon atom.
SEC. 11. GUIDANCE ON MINIMIZING THE USE OF FIREFIGHTING FOAM AND OTHER
RELATED EQUIPMENT CONTAINING ANY PFAS.
(a) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
consultation with the head of the U.S. Fire Administration, Federal
Aviation Administration, and other relevant Federal departments or
agencies and representatives of State and local building and fire code
enforcement jurisdictions, shall issue guidance on minimizing the use
of, or contact with, firefighting foam and other related equipment
containing any PFAS by firefighters, police officers, paramedics,
emergency medical technicians, and other first responders, in order to
minimize the risk to such firefighters, police officers, paramedics,
emergency medical technicians, and other first responders, and the
environment, without jeopardizing firefighting efforts.
(b) Annual Report.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Administrator, in
consultation with the head of the U.S. Fire Administration, shall
submit to Congress a report on the effectiveness of the guidance issued
under subsection (a). Such report shall include recommendations for
congressional actions that the Administrator determines appropriate to
assist efforts to reduce exposure to PFAS by firefighters and the other
persons described in subsection (a).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
consultation with the head of the U.S. Fire Administration and other
relevant Federal departments or agencies, shall report to Congress on
the efforts of the Environmental Protection Agency and other relevant
Federal departments and agencies to identify viable alternatives to
firefighting foam and other related equipment containing any PFAS.
(d) Definition.--In this section, the term ``PFAS'' means
perfluorooctanoic acid, perfluorooctanesulfonic acid, and any other
perfluoroalkyl or polyfluoroalkyl substance with at least one fully
fluorinated carbon atom that the Administrator of the Environmental
Protection Agency determines is used in firefighting foam and other
related equipment.
SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINATION BY GENX.
The Administrator of the Environmental Protection Agency shall
investigate methods and means to prevent contamination by GenX of
surface waters, including source waters used for drinking water
purposes.
SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS.
(a) In General.--The introduction of any perfluoroalkyl or
polyfluoroalkyl substance by the owner or operator of an industrial
source shall be unlawful unless such owner or operator first notifies
the owner or operator of the applicable treatment works of--
(1) the identity and quantity of such substance;
(2) whether such substance is susceptible to treatment by
such treatment works; and
(3) whether such substance would interfere with the
operation of the treatment works.
(b) Violations.--A violation of this section shall be treated in
the same manner as a violation of a regulation promulgated under
subsection 307(b) of the Federal Water Pollution Control Act (33 U.S.C.
1317(b)).
(c) Definitions.--In this section:
(1) Introduction.--The term ``introduction'' means the
introduction of pollutants into treatment works, as described
in section 307(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1317).
(2) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall establish a website containing information relating to the
testing of household well water.
(b) Contents.--The Administrator shall include on the website
established under subsection (a) the following:
(1) Information on how to get groundwater that is the
source for a household water well tested by a well inspector
who is certified by a qualified third party.
(2) A list of laboratories that analyze water samples and
are certified by a State or the Administrator.
(3) State-specific information, developed in coordination
with each State, on naturally occurring and human-induced
contaminants.
(4) Information that, using accepted risk communication
techniques, clearly communicates whether a test result value
exceeds a level determined by the Administrator or the State to
pose a health risk.
(5) Information on treatment options, including information
relating to water treatment systems certified by the National
Science Foundation or the American National Standards
Institute, and people who are qualified to install such
systems.
(6) A directory of whom to contact to report a test result
value that exceeds a level determined by the Administrator or
the State to pose a health risk.
(7) Information on financial assistance that is available
for homeowners to support water treatment, including grants
under section 306E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926e) and State resources.
(8) Any other information the Administrator considers
appropriate.
(c) Coordination.--The Administrator shall coordinate with the
Secretary of Health and Human Services, the Secretary of Agriculture,
and appropriate State agencies in carrying out this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2021.
SEC. 15. RISK-COMMUNICATION STRATEGY.
The Administrator of the Environmental Protection Agency shall
develop a risk-communication strategy to inform the public about the
hazards or potential hazards of perfluoroalkyl and polyfluoroalkyl
substances, or categories of perfluoroalkyl and polyfluoroalkyl
substances, by--
(1) disseminating information about the risks or potential
risks posed by such substances or categories in land, air,
water (including drinking water), and products;
(2) notifying the public about exposure pathways and
mitigation measures through outreach and educational resources;
and
(3) consulting with States that have demonstrated effective
risk-communication strategies for best practices in developing
a national risk-communication strategy.
SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING EMERGING
CONTAMINANTS, WITH A FOCUS ON PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
Section 1452(t) of the Safe Drinking Water Act (42 U.S.C. 300j-12)
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Assistance to territories.--Of the amounts made
available under this subsection, the Administrator may use
funds to provide grants to the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, American Samoa, and Guam for
the purpose of addressing emerging contaminants, with a focus
on perfluoroalkyl and polyfluoroalkyl substances.''.
SEC. 17. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT STANDARDS,
AND WATER QUALITY CRITERIA FOR PFAS.
(a) Review and Regulation of Substances and Sources.--
(1) Review.--
(A) In general.--As soon as practicable, but not
later than September 30, 2021, and biennially
thereafter, the Administrator shall publish in the
Federal Register a plan under subsection (m) of section
304 of the Federal Water Pollution Control Act (33
U.S.C. 1314) that contains the results of a review,
conducted in accordance with such section, of the
introduction or discharge of perfluoroalkyl and
polyfluoroalkyl substances from classes and categories
of point sources (other than publicly owned treatment
works).
(B) Inclusions.--The Administrator shall include in
each plan published pursuant to subparagraph (A)--
(i) information on potential introduction
or discharges of perfluoroalkyl and
polyfluoroalkyl substances;
(ii) any information gaps on such
introduction or discharges and the process by
which the Administrator will address such gaps;
(iii) for each measurable perfluoroalkyl
and polyfluoroalkyl substance that is not on
the list of toxic pollutants described in
section 307(a) of the Federal Water Pollution
Control Act, a determination, in accordance
with the requirements of such section, whether
or not to add the substance to such list; and
(iv) a determination, in accordance with
the requirements of the Federal Water Pollution
Control Act, whether or not to establish
effluent limitations and pretreatment standards
for the introduction or discharge of each
substance described in clause (iii) that the
Administrator determines under such clause not
to add to such list and for which the
Administrator has not developed such
limitations or standards.
(2) Regulation.--Based on the results of each review
conducted under paragraph (1) and in accordance with the
requirements of the Federal Water Pollution Control Act, the
Administrator shall--
(A) in accordance with the plan published under
paragraph (1), as soon as practicable--
(i) for each measurable perfluoroalkyl and
polyfluoroalkyl substance that the
Administrator determines under paragraph
(1)(B)(iii) to add to the list of toxic
pollutants described in section 307(a) of such
Act, initiate the process for adding the
substance to such list; and
(ii) for each measurable perfluoroalkyl and
polyfluoroalkyl substance that the
Administrator determines under paragraph
(1)(B)(iv) to establish effluent limitations
and pretreatment standards, establish such
effluent limitations and pretreatment standards
(which limitations and standards may be
established by substance or by class or
category of substances); and
(B) not later than 2 years after the date on which
each plan is published under paragraph (1), publish
human health water quality criteria for measurable
perfluoroalkyl and polyfluoroalkyl substances and
classes and categories of perfluoroalkyl and
polyfluoroalkyl substances for which the Administrator
has not published such criteria.
(b) Deadlines for Covered Perfluoroalkyl Substances.--
(1) Water quality criteria.--Not later than 2 years after
the date of enactment of this section, the Administrator shall
publish in the Federal Register human health water quality
criteria for each covered perfluoroalkyl substance.
(2) Effluent limitations and pretreatment standards for
priority industry categories.--As soon as practicable, but not
later than 4 years after the date of enactment of this section,
the Administrator shall publish in the Federal Register a final
rule establishing, for each priority industry category,
effluent limitations and pretreatment standards for the
introduction or discharge of each covered perfluoroalkyl
substance.
(c) Notification.--The Administrator shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of each
publication made under this section.
(d) Implementation Assistance for Publicly Owned Treatment Works.--
(1) In general.--The Administrator shall award grants, in
amounts not to exceed $100,000, to owners and operators of
publicly owned treatment works, to be used for the
implementation of a pretreatment standard developed by the
Administrator for a perfluoroalkyl or polyfluoroalkyl
substance.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $100,000,000 for each of fiscal years 2021 through
2025, to remain available until expended.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered perfluoroalkyl substance.--The term ``covered
perfluoroalkyl substance'' means perfluorooctanoic acid,
perfluorooctane sulfonic acid, or a salt associated with
perfluorooctanoic acid or perfluorooctane sulfonic acid.
(3) Effluent limitation.--The term ``effluent limitation''
means an effluent limitation under section 301(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1311).
(4) Introduction.--The term ``introduction'' means the
introduction of pollutants into treatment works, as described
in section 307(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1317).
(5) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class or category of
chemical substances, capable of being measured using--
(A) test procedures established under section
304(h) of the Federal Water Pollution Control Act (33
U.S.C. 1314);
(B) applicable protocols and methodologies required
pursuant to section 4(a) of the Toxic Substances
Control Act (15 U.S.C. 2603); or
(C) any other analytical method developed by the
Administrator for detecting pollutants, as such term is
defined in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
(6) Pretreatment standard.--The term ``pretreatment
standard'' means a pretreatment standard under section 307(b)
of the Federal Water Pollution Control Act (33 U.S.C. 1317).
(7) Priority industry category.--The term ``priority
industry category'' means the following point source
categories:
(A) Organic chemicals, plastics, and synthetic
fibers, as identified in part 414 of title 40, Code of
Federal Regulations.
(B) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations.
(C) Textile mills, as identified in part 410 of
title 40, Code of Federal Regulations.
(8) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(9) Water quality criteria.--The term ``water quality
criteria'' means criteria for water quality under section
304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C.
1314).
Passed the House of Representatives January 10, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.