[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3480 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3480
To amend the Safe Drinking Water Act and the Federal Water Pollution
Control Act to authorize additional assistance to address pollution
from perfluoroalkyl and polyfluoroalklyl substances and other emerging
contaminants, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mrs. Shaheen (for herself, Mr. Schumer, Mr. Carper, Ms. Stabenow, Ms.
Hassan, Mr. Reed, Mr. Peters, Mr. Markey, Mr. Whitehouse, Mr. Booker,
Ms. Warren, Mr. Merkley, Mr. Blumenthal, Mr. Casey, Ms. Harris, Mr.
Durbin, Mr. Coons, Ms. Duckworth, Mrs. Gillibrand, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act and the Federal Water Pollution
Control Act to authorize additional assistance to address pollution
from perfluoroalkyl and polyfluoroalklyl substances and other emerging
contaminants, 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 ``Providing Financial Assistance to
States for Testing and Treatment Act of 2020'' or the ``PFAS Testing
and Treatment Act of 2020''.
SEC. 2. REMEDIATION OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
AND OTHER EMERGING CONTAMINANTS IN DRINKING WATER.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)(2)(G)--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) Use of funds.--The recipient of a
grant using amounts described in clause (i) may
use the grant funds for projects and activities
that address emerging contaminants, including--
``(I) investments necessary for
public water systems and users of
underground sources of drinking water
to comply with the requirements of this
title;
``(II) programs to provide
household water quality testing,
including testing for unregulated
contaminants; and
``(III) other investments and
programs to address emerging
contaminants.''; and
(2) in subsection (t)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Distribution.--
``(A) In general.--Amounts made available under
this subsection shall be allotted to a State as a
capitalization grant--
``(i) in accordance with subparagraph (B);
``(ii) for deposit into the State loan fund
of the State; and
``(iii) for the purposes described in
subsection (a)(2)(G).
``(B) Allotment.--The amounts described in
subparagraph (A) shall be allotted to a State--
``(i) for each of fiscal years 2021 and
2022, as if allotted under subsection
(a)(1)(D); and
``(ii) for each of fiscal years 2023
through 2029, in accordance with the
regulations promulgated under subparagraph (C).
``(C) Rulemaking.--Not later than 2 years after the
date of enactment of this subparagraph, the
Administrator shall promulgate regulations for the
distribution of amounts described in subparagraph (A)
among States in a manner that accounts for the
prevalence and remedial costs of addressing emerging
contaminants, with a focus on perfluoroalkyl and
polyfluoroalkyl substances.''; and
(B) in paragraph (2), by striking ``this
subsection'' and all that follows through the period at
the end and inserting the following: ``this subsection,
to remain available until expended--
``(A) for fiscal year 2020--
``(i) $1,000,000,000; and
``(ii) any additional amount as may be
designated by Congress as being for an
emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)); and
``(B) for each of fiscal years 2021 through 2029,
$1,000,000,000.''.
SEC. 3. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY PERFLUOROALKYL
SUBSTANCES.
Title V of the Federal Water Pollution Control Act is amended--
(1) by redesignating section 520 (33 U.S.C. 1251 note) as
section 521; and
(2) by inserting after section 519 (33 U.S.C. 1377a) the
following:
``SEC. 520. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY
PERFLUOROALKYL SUBSTANCES.
``(a) Definitions.--In this section:
``(1) Contaminated site.--The term `contaminated site'
means a site at which groundwater has been contaminated by a
covered perfluoroalkyl substance.
``(2) Covered perfluoroalkyl substance.--The term `covered
perfluoroalkyl substance' means--
``(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 or sulfonate
(commonly referred to as `PFOS') (Chemical Abstracts
Service No. 1763-23-1); and
``(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).
``(b) Establishment.--Subject to subsections (c) and (d), the
Administrator shall provide grants to States to address contamination
of groundwater by covered perfluoroalkyl substances at contaminated
sites.
``(c) Distribution.--
``(1) In general.--The Administrator shall ensure that
funds made available to carry out this section are distributed
to each State--
``(A) for each of fiscal years 2021 and 2022, in
such a manner that the total grant amount received by a
State under this section is equivalent to the ratio
that--
``(i) the amount of the capitalization
grant under title VI to the State in the last
fiscal year in which capitalization grants were
made; bears to
``(ii) the amount of capitalization grants
under title VI to all States in the last fiscal
year in which capitalization grants were made;
and
``(B) for each of fiscal years 2023 through 2029,
in accordance with the regulations promulgated under
paragraph (2).
``(2) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Administrator shall promulgate
regulations for the distribution of amounts made available to
carry out this section among States in a manner that accounts
for the prevalence and remedial costs of addressing
contamination of groundwater by covered perfluoroalkyl
substances.
``(d) Cleanup Standards.--
``(1) In general.--Any detection, treatment, and
remediation of groundwater carried out using a grant under this
section shall be carried out in accordance with--
``(A) if the Administrator has not designated the
applicable covered perfluoroalkyl substance as a
hazardous substance under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), the Draft
Deliberative Document prepared by the Administrator
entitled `Draft Interim Recommendations to Address
Groundwater Contaminated with Perfluorootanoic Acid and
Perfluorooctane Sulfonate' and accepted for interagency
review by the Office of Management and Budget on August
31, 2018; and
``(B) if the Administrator has designated the
applicable covered perfluoroalkyl substance as a
hazardous substance under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), the requirements of
that Act.
``(2) Total destruction technologies.--In addressing the
contamination described in subsection (b) using amounts from a
grant under this section, States shall give preference to
addressing that contamination using total destruction
technologies that create inert byproducts.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2020--
``(A) $1,000,000,000; and
``(B) any additional amount as may be designated by
Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)); and
``(2) for each of fiscal years 2021 through 2029,
$1,000,000,000.
``(f) Termination of Authority.--The authority provided by this
section terminates on September 30, 2029.''.
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