[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2467 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 2467
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2021
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
2021''.
(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 limitations guidelines and standards
and water quality criteria for PFAS.
Sec. 18. School drinking water testing and filtration grant program.
Sec. 19. Analytical reference standards 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 and water used for agricultural
purposes), 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) PFAS.--
``(A) In general.--Except as provided in
subparagraph (B), this subsection does not apply to any
chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance.
``(B) Drugs and devices.--Paragraph (3) applies to
a chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance which is manufactured or
processed, or proposed to be manufactured or processed,
solely for purposes of--
``(i) scientific experimentation or
analysis with respect to a drug or device (as
such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) or
personal protective equipment (as such term is
defined in section 20005 of the CARES Act); or
``(ii) chemical research on, or analysis
of, such a chemical substance for the
development of a drug or device (as such terms
are defined in section 201 of the Federal Food,
Drug, and Cosmetic Act) or personal protective
equipment (as such term is defined in section
20005 of the CARES Act).''; 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 meet all applicable
standards, and all applicable health advisories
published pursuant to section 1412(b)(1)(F), for
perfluoroalkyl and polyfluoroalkyl substances.
``(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 determines are the most effective
at removing perfluoroalkyl and polyfluoroalkyl substances from drinking
water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize an affected community water system
that--
``(1) serves a disadvantaged community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology;
``(3) demonstrates the capacity to maintain the eligible
treatment technology to be implemented using the grant; or
``(4) is located within an area with respect to which the
Administrator has published a determination under the first
sentence of section 1424(e) relating to an aquifer that is the
sole or principal drinking water source for the area.
``(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 $500,000,000 for each
of fiscal years 2022 through 2026.
``(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 2022 and 2023 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 covered product to
meet in order to be labeled with a Safer Choice label,
including a requirement that any such covered product does not
contain any PFAS; or
(2) establish a voluntary label that is available to be
used by any manufacturer of any covered product that the
Administrator has reviewed and found does not contain any PFAS.
(b) Definitions.--In this section:
(1) Covered product.--The term ``covered product'' means--
(A) a pot,
(B) a pan;
(C) a cooking utensil;
(D) carpet;
(E) a rug;
(F) clothing;
(G) upholstered furniture;
(H) a stain resistant, water resistant, or grease
resistant coating not subject to requirements under
section 409 of the Federal Food, Drug, and Cosmetic
Act;
(I) food packaging material;
(J) an umbrella;
(K) luggage; or
(L) a cleaning product.
(2) PFAS.--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 to the relevant
NSF/ANSI American National Standard for drinking water
treatment units by a third-party certification body accredited
by the ANSI National Accreditation Board.
(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) Information about the health risks associated with
consuming water contaminated with PFAS as well as
recommendations for individuals who believe they may have
consumed such PFAS-contaminated water.
(9) Any other information the Administrator considers
appropriate.
(c) Access.--The Administrator shall ensure information on the
website established under subsection (a) is presented in a manner that
provides meaningful access to such information for individuals with
limited English proficiency.
(d) 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.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2022.
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 water used for agricultural
purposes), 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.--To the extent that
sufficient applications are received, the Administrator shall
use not less than 2 percent of the amounts made available under
this subsection 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 LIMITATIONS GUIDELINES AND STANDARDS
AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than 3 years after
the date of enactment of this section, the Administrator shall
publish in the Federal Register human health water quality
criteria under section 304(a)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1314) for each measurable perfluoroalkyl
substance, polyfluoroalkyl substance, and class of such
substances.
(2) Effluent limitations guidelines and 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 guidelines and standards, in accordance
with the Federal Water Pollution Control Act, for the discharge
(including a discharge into a publicly owned treatment works)
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of such substances.
(b) 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.
(c) Implementation Assistance for Publicly Owned Treatment Works.--
(1) In general.--The Administrator shall award grants to
owners and operators of publicly owned treatment works, to be
used to implement effluent limitations guidelines and standards
developed by the Administrator for a perfluoroalkyl substance,
polyfluoroalkyl substance, or class of such substances.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $200,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(d) No Increased Bonding Authority.--Amounts awarded to an owner or
operator of a publicly owned treatment works 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.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Effluent limitation.--The term ``effluent limitation''
has the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(3) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class of chemical
substances, capable of being measured using test procedures
established under section 304(h) of the Federal Water Pollution
Control Act (33 U.S.C. 1314).
(4) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a chemical containing at least one fully
fluorinated carbon atom and at least one carbon atom that is
not a fully fluorinated carbon atom.
(6) 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 (or successor regulations).
(B) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations (or
successor regulations).
(C) Textile mills, as identified in part 410 of
title 40, Code of Federal Regulations (or successor
regulations).
(D) Electroplating, as identified in part 413 of
title 40, Code of Federal Regulations (or successor
regulations).
(E) Metal finishing, as identified in part 433 of
title 40, Code of Federal Regulations (or successor
regulations).
(F) Leather tanning and finishing, as identified in
part 425 of title 40, Code of Federal Regulations (or
successor regulations).
(G) Paint formulating, as identified in part 446 of
title 40, Code of Federal Regulations (or successor
regulations).
(H) Electrical and electronic components, as
identified in part 469 of title 40, Code of Federal
Regulations (or successor regulations).
(I) Plastics molding and forming, as identified in
part 463 of title 40, Code of Federal Regulations (or
successor regulations).
(7) 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. 18. SCHOOL DRINKING WATER TESTING AND FILTRATION GRANT PROGRAM.
Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et seq.)
is amended by adding at the end the following:
``SEC. 1466. SCHOOL PFAS TESTING AND FILTRATION GRANT PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Administrator shall establish a program
to make grants to eligible entities for--
``(1) testing for perfluoroalkyl and polyfluoroalkyl
substances in drinking water at schools that is conducted by an
entity approved by the Administrator or the applicable State to
conduct the testing;
``(2) installation, maintenance, and repair of water
filtration systems effective for reducing perfluoroalkyl and
polyfluoroalkyl substances in drinking water at schools that
contains a level of any perfluoroalkyl or polyfluoroalkyl
substance that exceeds--
``(A) an applicable maximum contaminant level
established by the Administrator under section 1412; or
``(B) an applicable standard established by the
applicable State that is more stringent than the level
described in subparagraph (A); or
``(3) safe disposal of spent water filtration equipment
used to reduce perfluoroalkyl and polyfluoroalkyl substances in
drinking water at schools.
``(b) Guidance; Public Availability.--As a condition of receiving a
grant under this section, an eligible entity shall--
``(1) expend grant funds in accordance with any applicable
State regulation or guidance regarding the reduction of
perfluoroalkyl and polyfluoroalkyl substances in drinking water
at schools that is not less stringent than any applicable
guidance issued by the Administrator;
``(2) make publicly available, including, to the maximum
extent practicable, on the website of the eligible entity, a
copy of the results of any testing carried out with grant funds
received under this section; and
``(3) notify parent, teacher, and employee organizations of
the availability of the results described in paragraph (2).
``(c) Limitation.--An eligible entity receiving a grant under this
section may use not more than 5 percent of grant funds to pay the
administrative costs of carrying out the activities for which the grant
was made.
``(d) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a local educational agency; or
``(2) a State agency that administers a statewide program
to test for, remediate, or filter perfluoroalkyl and
polyfluoroalkyl substances in drinking water.
``(e) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.''.
SEC. 19. ANALYTICAL REFERENCE STANDARDS FOR PFAS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall require each covered entity to submit to the
Administrator an analytical reference standard for each perfluoroalkyl
or polyfluoroalkyl substance with at least one fully fluorinated carbon
atom manufactured by the covered entity after the date that is 10 years
prior to the date of enactment of this Act.
(b) Uses.--The Administrator may--
(1) use an analytical reference standard submitted under
this section only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the Administrator; and
(B) activities relating to the implementation or
enforcement of Federal requirements; and
(2) provide an analytical reference standard submitted
under this section to a State, to be used only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the State; and
(B) activities relating to the implementation or
enforcement of State requirements.
(c) Prohibition.--No person receiving an analytical reference
standard submitted under this section may use or transfer the
analytical reference standard for a commercial purpose.
(d) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
manufacturer of a perfluoroalkyl or polyfluoroalkyl substance
with at least one fully fluorinated carbon atom.
(2) Manufacture; state.--The terms ``manufacture'' and
``State'' have the meanings given
those terms in section 3 of the Toxic Substances Control Act
(15 U.S.C. 2602).
Passed the House of Representatives July 21, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.