[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3227 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3227
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, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2020
Mr. Sanders (for himself, Mr. Merkley, and Mr. Markey) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
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, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Future American Sickness Act
of 2020''.
SEC. 2. FINDINGS.
Congress finds that--
(1) PFAS have been found in the blood of 99 percent of
individuals in the United States;
(2) PFAS chemicals have so far been confirmed in the
groundwater or tap water of more than 1,400 communities;
(3) based on sampling data, scientists estimate that more
than 100,000,000 individuals in the United States may be
drinking water contaminated with PFAS;
(4) the Environmental Protection Agency was first notified
about the health risks posed by PFAS in 1998, but has failed to
set a drinking water standard or restrict ongoing releases in
the air and water;
(5) existing treatment technologies can reduce the quantity
of PFAS in tap water to levels below 2 parts per trillion;
(6) the Environmental Protection Agency has established
lifetime health advisory levels for some PFAS chemicals at 70
parts per trillion;
(7) a June 2018 study by the Agency for Toxic Substances
and Disease Registry of the Department of Health and Human
Services found that PFAS chemicals pose a danger to human
health at a level far lower than the lifetime health advisory
level established by the Environmental Protection Agency;
(8) PFAS chemical contamination sites appear with
particularly high frequency in the States of New Jersey,
Michigan, and California, with contamination levels as high
as--
(A) 27,800 parts per trillion found in New Jersey;
(B) 1,200,000 parts per trillion found in Michigan;
and
(C) 8,000,000 parts per trillion found in
California;
(9) the Department of Defense estimates that PFAS cleanup
on military bases will surpass the original cost estimate of
the Department of Defense of $2,000,000,000;
(10) a study published in the International Journal of
Hygiene and Environmental Health estimated the economic cost of
PFAS contamination from increased numbers of low birth weight
infants was $13,700,000,000 from 2003 through 2014;
(11) States such as Vermont, New Hampshire, New Jersey, and
Michigan are leading the way in terms of setting robust
drinking water standards for PFAS chemicals;
(12) the State of Vermont has implemented the strictest
standard for PFAS chemicals in the United States, with a
maximum contaminant level of 20 parts per trillion for the sum
of 5 PFAS chemicals; and
(13) the States of Washington and Maine are leading the way
in terms of taking action to limit PFAS chemicals in food
packaging.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(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) PFAS.--The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with at
least 1 fully fluorinated carbon atom.
SEC. 4. DESIGNATION AS HAZARDOUS SUBSTANCES.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall designate all PFAS as hazardous substances under
section 102(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).
SEC. 5. WATER INFRASTRUCTURE.
(a) Drinking Water State Revolving Fund Authorized Activities.--
Section 1452(k)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)(1)) is amended by adding at the end the following:
``(E) Provide assistance in the form of a grant to
an owner of a household water well that has been
contaminated by perfluoroalkyl and polyfluoroalkyl
substances (commonly referred to as `PFAS') (as defined
by the State in which the household well is located)
for the purpose of purchasing and installing a
household filtration system.''.
(b) PFAS 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:
``SEC. 1459E. PFAS GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) 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.
``(2) PFAS.--The term `PFAS' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with at
least 1 fully fluorinated carbon atom.
``(b) Grants.--The Administrator shall carry out a grant program to
provide grants to States and Indian tribes to assist the owners and
operators of community water systems affected by contamination by PFAS.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as are necessary to carry
out this section, to remain available until expended.''.
(c) Pretreatment Standards.--Section 307 of the Federal Water
Pollution Control Act (33 U.S.C. 1317) is amended by adding at the end
the following:
``(f) PFAS Pretreatment Standards.--
``(1) Definitions.--In this subsection:
``(A) 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.
``(B) PFAS.--The term `PFAS' means perfluoroalkyl
and polyfluoroalkyl substances that are man-made
chemicals with at least 1 fully fluorinated carbon
atom.
``(2) Standards required.--The Administrator shall
establish pretreatment standards under subsection (b) for PFAS.
``(3) Grants.--
``(A) Establishment.--The Administrator shall carry
out a grant program to provide assistance to publicly
owned treatment works in implementing the pretreatment
standards required under paragraph (2).
``(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this paragraph, to remain
available until expended.''.
(d) Water Infrastructure Grants.--
(1) Grants.--The Administrator shall carry out a grant
program to assist in the development of water infrastructure.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection, to remain available until expended.
SEC. 6. PROHIBITION AGAINST FOOD CONTACT SUBSTANCES CONTAINING
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
Paragraph (6) of section 409(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(h)(6)) is amended--
(1) by striking ``(6)'' and inserting ``(6)(A)
Definition.--''; and
(2) by adding at the end the following:
``(B) Perfluorinated Compounds.--
``(i) Deemed unsafe.--Beginning on January 1, 2022, any
PFAS used as a food contact substance is deemed to be unsafe
for the purposes of this section and the application of
subparagraph (2)(C) of section 402(a).
``(ii) Definitions.--In this subparagraph:
``(I) The term `PFAS' means a perfluoroalkyl
substance or a polyfluoroalkyl substance that is man-
made with at least 1 fully fluorinated carbon atom.
``(II) The term `perfluoroalkyl substance' means a
man-made chemical of which all of the carbon atoms are
fully fluorinated carbon atoms.
``(III) The term `polyfluoroalkyl substance' means
a man-made chemical containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.''.
SEC. 7. 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 shall issue a final rule adding, as a
class, all PFAS 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 1 year after the final rule
is issued under subsection (a), the Administrator 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 PFAS listed pursuant to that final rule.
SEC. 8. 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:
``(z) PFAS Wastes.--
``(1) Definitions.--In this subsection:
``(A) 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.
``(B) PFAS.--The term `PFAS' means perfluoroalkyl
and polyfluoroalkyl substances that are man-made
chemicals with at least 1 fully fluorinated carbon
atom.
``(2) Firefighting foam.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the
Administrator shall promulgate regulations prohibiting
the disposal by incineration of firefighting foam
containing PFAS.
``(B) Effective date.--The prohibition described in
subparagraph (A) shall take effect not later than 270
days after the date of enactment of this subsection.
``(3) Other pfas wastes.--
``(A) Identification and prohibition.--Not later
than 1 year after the date of enactment of this
subsection, the Administrator shall promulgate
regulations--
``(i) identifying additional wastes
containing PFAS for which a prohibition on
incineration may be necessary to protect human
health and the environment; and
``(ii) prohibiting the disposal by
incineration of wastes identified under clause
(i) beginning not later than 540 days after the
date of enactment of this subsection.
``(B) Review and revision.--The Administrator shall
review and revise the list of wastes identified under
subparagraph (A)(i) as necessary, but not less
frequently than once every 4 years.
``(4) 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. 9. REPORT BY DEPARTMENT OF DEFENSE ON FLUORINATED AQUEOUS FILM
FORMING FOAM.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on--
(1) the location and amount of the stockpiled fluorinated
aqueous film forming foam in the possession of the Department
of Defense that contains PFAS; and
(2) the amount of such foam that has been destroyed during
the 10-year period ending of the date of the enactment of this
Act and the method and location of destruction.
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