Text: H.R.535 — 116th Congress (2019-2020)All Information (Except Text)

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[H.R. 535 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 289
116th CONGRESS
  1st Session
                                H. R. 535

                      [Report No. 116-364, Part I]

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.


_______________________________________________________________________


                    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. Lujan, 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. Garcia 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. Sanchez, Mrs. Kirkpatrick, Mrs. Watson Coleman, 
   Mrs. Trahan, Mr. Scott of Virginia, Mr. Cardenas, 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.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``PFAS Action Act of 
2019''.
    (b) Table of Contents.--

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.

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.

SEC. 3. TESTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

    (a) Testing Requirements.--Section 4(a) of the Toxic Substances 
Control Act (15 U.S.C. 2603(a)) is amended by adding at the end the 
following:
            ``(5) Perfluoroalkyl and polyfluoroalkyl substances rule.--
                    ``(A) Rule.--Notwithstanding paragraphs (1) through 
                (3), the Administrator shall, by rule, require that 
                comprehensive toxicity testing be conducted on all 
                chemical substances that are perfluoroalkyl or 
                polyfluoroalkyl substances.
                    ``(B) Requirements.--In issuing a rule under 
                subparagraph (A), the Administrator--
                            ``(i) may establish categories of 
                        perfluoroalkyl and polyfluoroalkyl substances 
                        based on hazard characteristics or chemical 
                        properties;
                            ``(ii) shall require the development of 
                        information relating to perfluoroalkyl and 
                        polyfluoroalkyl substances that the 
                        Administrator determines is likely to be useful 
                        in evaluating the hazard and risk posed by such 
                        substances in land, air, and water (including 
                        drinking water), as well as in products; and
                            ``(iii) may allow for varied or tiered 
                        testing requirements based on hazard 
                        characteristics or chemical properties of 
                        perfluoroalkyl and polyfluoroalkyl substances 
                        or categories of perfluoroalkyl and 
                        polyfluoroalkyl substances.
                    ``(C) Deadlines.--The Administrator shall issue--
                            ``(i) a proposed rule under subparagraph 
                        (A) not later than 6 months after the date of 
                        enactment of this paragraph; and
                            ``(ii) a final rule under subparagraph (A) 
                        not later than 2 years after the date of 
                        enactment of this paragraph.''.
    (b) Persons Subject to Rule.--Section 4(b)(3) of the Toxic 
Substances Control Act (15 U.S.C. 2603(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B) or 
        (C)'' and inserting ``subparagraph (B), (C), or (D)''; and
            (2) by adding at the end the following:
    ``(D) A rule under subsection (a)(5) shall require the development 
of information by any person who manufactures or processes, or intends 
to manufacture or process, a chemical substance that is a 
perfluoroalkyl or polyfluoroalkyl substance.''.
    (c) Perfluoroalkyl and Polyfluoroalkyl Substances.--Section 4 of 
the Toxic Substances Control Act (15 U.S.C. 2603) is amended by adding 
at the end the following:
    ``(i) Perfluoroalkyl and Polyfluoroalkyl Substances.--
            ``(1) Testing requirement rule.--
                    ``(A) Protocols and methodologies.--In determining 
                the protocols and methodologies to be included pursuant 
                to subsection (b)(1) in a rule under subsection (a)(5), 
                the Administrator shall allow for protocols and 
                methodologies that test chemical substances that are 
                perfluoroalkyl and polyfluoroalkyl substances as a 
                class.
                    ``(B) Period.--In determining the period to be 
                included pursuant to subsection (b)(1) in a rule under 
                subsection (a)(5), the Administrator shall ensure that 
                the period is as short as possible while allowing for 
                completion of the required testing.
            ``(2) Exemptions.--In carrying out subsection (c) with 
        respect to a chemical substance that is a perfluoroalkyl or 
        polyfluoroalkyl substance, the Administrator--
                    ``(A) may only determine under subsection (c)(2) 
                that information would be duplicative if the chemical 
                substance with respect to which the application for 
                exemption is submitted is in the same category, as 
                established under subsection (a)(5)(B)(i), as a 
                chemical substance for which information has been 
                submitted to the Administrator in accordance with a 
                rule, order, or consent agreement under subsection (a) 
                or for which information is being developed pursuant to 
                such a rule, order, or consent agreement; and
                    ``(B) shall publish a list of all such chemical 
                substances for which an exemption under subsection (c) 
                is granted.''.

SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR PERFLUOROALKYL AND 
              POLYFLUOROALKYL SUBSTANCES.

    Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is 
amended--
            (1) in subsection (h), by adding at the end the following:
    ``(7) This subsection does not apply to any chemical substance that 
is a perfluoroalkyl or polyfluoroalkyl substance.''; and
            (2) by adding at the end the following:
    ``(j) Perfluoroalkyl and Polyfluoroalkyl Substances.--
            ``(1) Determination.--For a period of 5 years beginning on 
        the date of enactment of this subsection, any chemical 
        substance that is a perfluoroalkyl or polyfluoroalkyl substance 
        for which a notice is submitted under subsection (a) shall be 
        deemed to have been determined by the Administrator to present 
        an unreasonable risk of injury to health or the environment 
        under paragraph (3)(A) of such subsection.
            ``(2) Order.--Notwithstanding subsection (a)(3)(A), for a 
        chemical substance described in paragraph (1) of this 
        subsection, the Administrator shall issue an order under 
        subsection (f)(3) to prohibit the manufacture, processing, and 
        distribution in commerce of such chemical substance.''.

SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following:
            ``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph, the Administrator 
                shall, after notice and opportunity for public comment, 
                promulgate a national primary drinking water regulation 
                for perfluoroalkyl and polyfluoroalkyl substances, 
                which shall, at a minimum, include standards for--
                            ``(i) perfluorooctanoic acid (commonly 
                        referred to as `PFOA'); and
                            ``(ii) perfluorooctane sulfonic acid 
                        (commonly referred to as `PFOS').
                    ``(B) Alternative procedures.--
                            ``(i) In general.--Not later than 1 year 
                        after the validation by the Administrator of an 
                        equally effective quality control and testing 
                        procedure to ensure compliance with the 
                        national primary drinking water regulation 
                        promulgated under subparagraph (A) to measure 
                        the levels described in clause (ii) or other 
                        methods to detect and monitor perfluoroalkyl 
                        and polyfluoroalkyl substances in drinking 
                        water, the Administrator shall add the 
                        procedure or method as an alternative to the 
                        quality control and testing procedure described 
                        in such national primary drinking water 
                        regulation by publishing the procedure or 
                        method in the Federal Register in accordance 
                        with section 1401(1)(D).
                            ``(ii) Levels described.--The levels 
                        referred to in clause (i) are--
                                    ``(I) the level of a perfluoroalkyl 
                                or polyfluoroalkyl substance;
                                    ``(II) the total levels of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances; and
                                    ``(III) the total levels of organic 
                                fluorine.
                    ``(C) Inclusions.--The Administrator may include a 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances on--
                            ``(i) the list of contaminants for 
                        consideration of regulation under paragraph 
                        (1)(B)(i), in accordance with such paragraph; 
                        and
                            ``(ii) the list of unregulated contaminants 
                        to be monitored under section 1445(a)(2)(B)(i), 
                        in accordance with such section.
                    ``(D) Monitoring.--When establishing monitoring 
                requirements for public water systems as part of a 
                national primary drinking water regulation under 
                subparagraph (A) or subparagraph (G)(ii), the 
                Administrator shall tailor the monitoring requirements 
                for public water systems that do not detect or are 
                reliably and consistently below the maximum contaminant 
                level (as defined in section 1418(b)(2)(B)) for the 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances subject to 
                the national primary drinking water regulation.
                    ``(E) Health protection.--The national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the health of 
                subpopulations at greater risk, as described in section 
                1458.
                    ``(F) Health risk reduction and cost analysis.--In 
                meeting the requirements of paragraph (3)(C), the 
                Administrator may rely on information available to the 
                Administrator with respect to 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.''.

SEC. 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.

SEC. 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.

SEC. 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.''.

SEC. 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.''.

SEC. 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).''.

SEC. 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)).

SEC. 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.

SEC. 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:

``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to affected community water systems to pay for capital 
costs associated with the implementation of eligible treatment 
technologies.
    ``(b) Applications.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
            ``(2) Required information.--The Administrator shall 
        require a community water system applying for a grant under 
        this section to submit--
                    ``(A) information showing the presence of PFAS in 
                water of the community water system; and
                    ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to remove all detectable 
                amounts of PFAS.
    ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 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.''.

SEC. 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.

SEC. 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.

SEC. 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.''.

SEC. 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.

SEC. 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.
                                                 Union Calendar No. 289

116th CONGRESS

  1st Session

                               H. R. 535

                      [Report No. 116-364, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            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

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