116 HR 535 RH: PFAS Action Act of 2019 U.S. House of Representatives 2020-01-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 289 116th CONGRESS1st Session H. R. 535 [Report No. 116–364, Part I] IN THE HOUSE OF REPRESENTATIVES January 14, 2019 Mrs. Dingell (for herself, Mr. Upton, and Mr. Kildee) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned January 2, 2020 Additional sponsors: Ms. Wild, Mr. Khanna, Mr. Delgado, Mr. Pocan, Mr. Carbajal, Mr. Pappas, Ms. Slotkin, Ms. Dean, Ms. Lofgren, Mr. Blumenauer, Mr. Luján, Ms. Kuster of New Hampshire, Ms. Pingree, Mr. Neguse, Mr. Hudson, Mr. Brendan F. Boyle of Pennsylvania, Ms. Moore, Mr. Levin of Michigan, Ms. Haaland, Mr. Welch, Mr. McNerney, Mr. Hastings, Ms. Tlaib, Mr. Soto, Ms. Wasserman Schultz, Ms. Shalala, Mr. Cohen, Mr. Sean Patrick Maloney of New York, Ms. Omar, Ms. Meng, Ms. Norton, Mr. García of Illinois, Mr. Raskin, Mr. Fitzpatrick, Mr. Grijalva, Mr. Golden, Mr. Kim, Ms. Scanlon, Mrs. Luria, Ms. Lee of California, Mr. Rouzer, Mr. Price of North Carolina, Ms. Judy Chu of California, Mr. Peters, Mr. Sires, Mr. Moulton, Ms. Bonamici, Ms. Schakowsky, Mr. Cisneros, Mr. Larson of Connecticut, Mr. Perlmutter, Mr. Ruppersberger, Mr. McGovern, Mr. Kind, Mr. Himes, Mr. Cicilline, Mr. Malinowski, Ms. Sánchez, Mrs. Kirkpatrick, Mrs. Watson Coleman, Mrs. Trahan, Mr. Scott of Virginia, Mr. Cárdenas, and Ms. Stevens January 2, 2020 Reported from the Committee on Energy and Commerce with an amendment Strike out all after the enacting clause and insert the part printed in italic January 2, 2020 Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on January 14, 2019 A BILL 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.

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

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. Monitoring and detection. Sec. 7. Enforcement. Sec. 8. Drinking water state revolving funds. Sec. 9. Additions to toxics release inventory. Sec. 10. PFAS data call. Sec. 11. Significant new use rule for long-chain PFAS. Sec. 12. PFAS destruction and disposal guidance. Sec. 13. Establishment of PFAS infrastructure grant program. Sec. 14. Cooperative agreements with States for removal and remedial actions to address drinking, surface, and ground water and soil contamination from PFAS. Sec. 15. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants. Sec. 16. Prohibition on waste incineration of PFAS. Sec. 17. Label for pots, pans, and cooking utensils. Sec. 18. Guidance on minimizing the use of firefighting foam and other related equipment containing any PFAS.

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.

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..

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..

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 1 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..

6.

Monitoring and detection

(a)

Monitoring program for unregulated contaminants

(1)

In general

The Administrator of the Environmental Protection Agency shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)). (2)

Substances described

The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances— (A)for which a method to measure the level in drinking water has been validated by the Administrator of the Environmental Protection Agency; and (B)that are not subject to a national primary drinking water regulation under subparagraph (A) or (G)(ii) of paragraph (16) of section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)). (3)

Exception

The perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section. (b)

Applicability

(1)

In general

The Administrator of the Environmental Protection Agency shall— (A)require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2); (B)subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and (C)subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2). (2)

Requirement

If the Administrator of the Environmental Protection Agency determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs. (3)

Funds

The Administrator of the Environmental Protection Agency shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1) using— (A)funds made available pursuant to subsection (a)(2)(H) or subsection (j)(5) of section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j–4); or (B)any other funds made available for that purpose.

7.

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 clause (i) or (vi) of subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) earlier than the date that is 5 years after the date on which the Administrator promulgates the national primary drinking water regulation.

8.

Drinking water state revolving funds

Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended— (1)in subsection (a)(2), by adding at the end the following: (G)

Emerging contaminants

(i)

In general

Notwithstanding any other provision of law and subject to clause (ii), amounts deposited under subsection (t) in a State loan fund established under this section may only be used to provide grants for the purpose of addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances. (ii)

Requirements

(I)

Small and disadvantaged communities

Not less than 25 percent of the amounts described in clause (i) shall be used to provide grants to— (aa)disadvantaged communities (as defined in subsection (d)(3)); or (bb)public water systems serving fewer than 25,000 persons. (II)

Priorities

In selecting the recipient of a grant using amounts described in clause (i), a State shall use the priorities described in subsection (b)(3)(A). (iii)

No increased bonding authority

The amounts deposited in the State loan fund of a State under subsection (t) 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.; (2)in subsection (m)(1), in the matter preceding subparagraph (A), by striking this section and inserting this section, except for subsections (a)(2)(G) and (t); and (3)by adding at the end the following: (t)

Emerging contaminants

(1)

In general

Amounts made available under this subsection shall be allotted to a State as if allotted under subsection (a)(1)(D) as a capitalization grant, for deposit into the State loan fund of the State, for the purposes described in subsection (a)(2)(G). (2)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2020 through 2024, to remain available until expended..

9.

Additions to toxics release inventory

(a)

Definition of toxics release inventory

In this section, the term toxics release inventory means the list of toxic chemicals subject to the requirements of section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)). (b)

Immediate inclusion

(1)

In general

Subject to subsection (e), beginning January 1 of the calendar year following the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall deem the following chemicals to be included in the toxics release inventory: (A)Perfluorooctanoic acid (commonly referred to as PFOA) (Chemical Abstracts Service No. 335–67–1). (B)The salts associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6). (C)Perfluorooctane sulfonic acid (commonly referred to as PFOS) (Chemical Abstracts Service No. 1763–23–1). (D)The salts associated with the chemical described in subparagraph (C) (Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8). (E)A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is— (i)listed as an active chemical substance in the February 2019 update to the inventory under section 8(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and (ii)on the date of enactment of this Act, subject to the provisions of— (I)section 721.9582 of title 40, Code of Federal Regulations; or (II)section 721.10536 of title 40, Code of Federal Regulations. (F)Hexafluoropropylene oxide dimer acid (commonly referred to as GenX) (Chemical Abstracts Service No. 13252–13–6). (G)The compound associated with the chemical described in subparagraph (F) identified by Chemical Abstracts Service No. 62037–80–3. (H)Perfluorononanoic acid (commonly referred to as PFNA) (Chemical Abstracts Service No. 375–95–1). (I)Perfluorohexanesulfonic acid (commonly referred to as PFHxS) (Chemical Abstracts Service No. 355–46–4). (2)

Threshold for reporting

(A)

In general

Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) is 100 pounds. (B)

Revisions

Not later than 5 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall— (i)determine whether revision of the threshold under subparagraph (A) is warranted for any chemical described in paragraph (1); and (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). (c)

Inclusion following assessment

(1)

In general

(A)

Date of inclusion

Subject to subsection (e), notwithstanding section 313 of the Emergency Planning and Community Right-To-Know Act of 1986, the Administrator of the Environmental Protection Agency shall deem a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not described in subsection (b)(1) to be included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates: (i)

Final toxicity value

The date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances. (ii)

Significant new use rule

The date on which the Administrator makes a covered determination for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances. (iii)

Addition to existing significant new use rule

The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a covered determination. (iv)

Addition as active chemical substance

The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances to which a covered determination applies is— (I)added to the list published under paragraph (1) of section 8(b) of the Toxic Substances Control Act and designated as an active chemical substance under paragraph (5)(A) of such section; or (II)designated as an active chemical substance on such list under paragraph (5)(B) of such section. (B)

Covered determination

For purposes of this paragraph, a covered determination is a determination made, by rule, under section 5(a)(2) of the Toxic Substances Control Act that a use of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is a significant new use (except such a determination made in connection with a determination described in section 5(a)(3)(B) or section 5(a)(3)(C) of such Act). (2)

Threshold for reporting

(A)

In general

Subject to subparagraph (B), notwithstanding subsection (f)(1) of section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), the threshold for reporting under such section 313 the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds. (B)

Revisions

Not later than 5 years after the date on which a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is included in the toxics release inventory under paragraph (1), the Administrator of the Environmental Protection Agency shall— (i)determine whether revision of the threshold under subparagraph (A) is warranted for the substance or class of substances; and (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)). (d)

Inclusion following determination

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall determine whether the substances and classes of substances described in paragraph (2) meet any one of the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory. (2)

Substances described

The substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances not described in subsection (b)(1), including— (A)perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0); (B)2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6); (C)2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4); (D)3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4); (E)the salts associated with the chemical described in subparagraph (D) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS 892452); (F)1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt (Chemical Abstracts Service No. 59587–38–1); (G)perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5); (H)1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3); (I)the component associated with the chemical described in subparagraph (H) (Chemical Abstracts Service No. 45187–15–3); (J)heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4); (K)perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4); (L)the compound associated with the chemical described in subsection (b)(1)(F) identified by Chemical Abstracts Service No. 2062–98–8; (M)perfluoroheptanoic acid (commonly referred to as PFHpA) (Chemical Abstracts Service No. 375–85–9); (N)each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and (O)a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs (A) through (N) that is used to manufacture fluorinated polymers, as determined by the Administrator. (3)

Addition to toxics release inventory

Subject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets any one of the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise the toxics release inventory in accordance with such section 313(d) to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination. (e)

Confidential business information

(1)

In general

Prior to including on the toxics release inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances the chemical identity of which is subject to a claim of a person of protection from disclosure under subsection (a) of section 552 of title 5, United States Code, pursuant to subsection (b)(4) of that section, the Administrator of the Environmental Protection Agency shall— (A)review any such claim of protection from disclosure; and (B)require that person to reassert and substantiate or resubstantiate that claim in accordance with section 14(f) of the Toxic Substances Control Act (15 U.S.C. 2613(f)). (2)

Nondisclosure of protection information

If the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure pursuant to paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information. (f)

Emergency Planning and Community Right-To-Know Act of 1986

Section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended— (1)by striking the period at the end and inserting ; and; (2)by striking are those chemicals and inserting the following: “are— (1)the chemicals; and (3)by adding at the end the following: (2)the chemicals included on such list under subsections (b)(1), (c)(1), and (d)(3) of section 9 of the PFAS Action Act of 2019..

10.

PFAS data call

Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by adding at the end the following: (7)

PFAS data

Not later than January 1, 2023, the Administrator shall promulgate a rule in accordance with this subsection requiring each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since January 1, 2011, to submit to the Administrator a report that includes, for each year since January 1, 2011, the information described in subparagraphs (A) through (G) of paragraph (2)..

11.

Significant new use rule for long-chain PFAS

Not later than June 22, 2020, the Administrator of the Environmental Protection Agency shall take final action on the proposed rule entitled Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule (80 Fed. Reg. 2885 (January 21, 2015)).

12.

PFAS destruction and disposal guidance

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances and materials containing perfluoroalkyl and polyfluoroalkyl substances, including— (1)soil and biosolids; (2)textiles treated with perfluoroalkyl and polyfluoroalkyl substances; (3)spent filters, membranes, resins, granular carbon, and other waste from water treatment; (4)landfill leachate containing perfluoroalkyl and polyfluoroalkyl substances; and (5)solid, liquid, or gas waste streams containing perfluoroalkyl and polyfluoroalkyl substances from facilities manufacturing or using perfluoroalkyl and polyfluoroalkyl substances. (b)

Considerations; inclusions

The interim guidance under subsection (a) shall— (1)take into consideration— (A)the potential for releases of perfluoroalkyl and polyfluoroalkyl substances during destruction or disposal, including through volatilization, air dispersion, or leachate; and (B)potentially vulnerable populations living near likely destruction or disposal sites; and (2)provide guidance on testing and monitoring air, effluent, and soil near potential destruction or disposal sites for releases described in paragraph (1)(A). (c)

Revisions

The Administrator shall publish revisions to the interim guidance under subsection (a) as the Administrator determines to be appropriate, but not less frequently than once every 3 years.

13.

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:

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 two years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator 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; (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)

Authorization of appropriations

There is authorized to be appropriated to carry out this section not more than $100,000,000 for each of fiscal years 2020 through 2021. (f)

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)

Eligible treatment technology

The term eligible treatment technology means a treatment technology included on the list published under subsection (c). (4)

PFAS

The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.

.

14.

Cooperative agreements with States for removal and remedial actions to address drinking, surface, and ground water and soil contamination from PFAS

(a)

Definitions

In this section: (1)

Federal facility

(A)

In general

The term Federal facility means a facility (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) that is owned or operated by the Federal Government. (B)

Inclusion

The term Federal facility includes— (i)a facility or site— (I)owned by, leased to, or otherwise possessed by the United States; or (II)under the jurisdiction of the Secretary of Defense; (ii)a facility or site that, at the time of the actions leading to contamination or suspected contamination of drinking water, surface water, or groundwater or land surface or subsurface strata from a perfluorinated compound, was— (I)owned by, leased to, or otherwise possessed by the United States; or (II)under the jurisdiction of the Secretary of Defense; and (iii)land owned and operated by a State when the land is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though that land is not under the jurisdiction of the Secretary of Defense. (2)

Fully fluorinated carbon atom

The term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine. (3)

Perfluorinated compound

The term perfluorinated compound means a perfluoroalkyl substance or a polyfluoroalkyl substance (or PFAS) that is manmade with at least 1 fully fluorinated carbon atom. (4)

State

The term State has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (b)

Cooperative agreement

(1)

In general

On request by the Governor or chief executive of a State, a Federal department or agency shall work expeditiously to finalize a cooperative agreement for, or to amend an existing cooperative agreement to address, testing, monitoring, removal, and remedial actions to address contamination or suspected contamination of drinking water, surface water, or groundwater or land surface or subsurface strata from a perfluorinated compound originating from a Federal facility. (2)

Minimum standards

A cooperative agreement finalized or amended under paragraph (1) shall require the area subject to the cooperative agreement to meet or exceed the most stringent of the following standards for perfluorinated compounds in any environmental media: (A)An enforceable State standard, in effect in that State, for drinking water, surface water, or groundwater or land surface or subsurface strata, as required under section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)). (B)A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)). (C)Any Federal standard, requirement, criterion, or limit, including a standard, requirement, criterion, or limit issued under— (i)the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (ii)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (iii)the Clean Air Act (42 U.S.C. 7401 et seq.); (iv)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (v)the Marine Protection, Research, and Sanctuaries Act of 1972 (commonly known as the Ocean Dumping Act) (33 U.S.C. 1401 et seq.); or (vi)the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (3)

Other authority

In addition to the requirements for a cooperative agreement under paragraph (1), when otherwise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated compound, the head of a Federal department or agency may, to expend those funds, enter into a grant agreement, cooperative agreement, or contract with— (A)the local water authority with jurisdiction over the contamination site, including— (i)a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and (ii)a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or (B)a State, local, or Tribal government. (c)

Notification requirement

(1)

Definition of appropriate congressional committees

In this subsection, the term appropriate congressional committees means— (A)the Committee on Environment and Public Works of the Senate; (B)the Committee on Homeland Security and Governmental Affairs of the Senate; (C)the Committee on Energy and Commerce of the House of Representatives; and (D)the Committee on Oversight and Reform of the House of Representatives. (2)

Report

(A)

In general

If a cooperative agreement is not finalized or amended under subsection (b) by the date that is 1 year after the date on which a request by the Governor or chief executive of a State was made, the President shall submit a report described in subparagraph (B) to— (i)the appropriate congressional committees; (ii)each Senator from the State affected by the perfluorinated compound contamination; and (iii)each member of Congress that represents a district affected by the perfluorinated compound contamination. (B)

Report described

The report referred to in subparagraph (A) shall include— (i)a detailed explanation of why a cooperative agreement has not been finalized or amended, as applicable; and (ii)a projected timeline for finalizing or amending a cooperative agreement, as applicable.

15.

Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants

(a)

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 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)). (b)

Sources categories

Not later than 365 days after the 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.

16.

Prohibition on 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..

17.

Label for pots, pans, and cooking utensils

(a)

Label for pots, pans, and cooking utensils

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, or cooking utensil to meet in order to be labeled with a Safer Choice label, including a requirement that any such pot, pan, or cooking utensil does not contain any PFAS; or (2)establish voluntary label available to be used by any manufacturer of any pot, pan, or cooking utensil 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.

18.

Guidance on minimizing the use of firefighting foam and other related equipment containing any PFAS

(a)

Guidance

Not later than one 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 issue guidance on minimizing the use of 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)

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.

January 2, 2020 Reported from the Committee on Energy and Commerce with an amendment January 2, 2020 Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed