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116th Congress   }                                      {  Rept. 116-364
                         HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     Part 1

======================================================================



 
                        PFAS ACTION ACT OF 2019

                                _______
                                

January  2, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 535]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 535) 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary............................................13
  II. Background and Need for Legislation............................14
 III. Committee Hearings.............................................14
  IV. Committee Consideration........................................15
   V. Committee Votes................................................16
  VI. Oversight Findings.............................................16
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditur16
VIII. Federal Mandates Statement.....................................16
  IX. Statement of General Performance Goals and Objectives..........16
   X. Duplication of Federal Programs................................16
  XI. Committee Cost Estimate........................................19
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....19
XIII. Advisory Committee Statement...................................19
 XIV. Applicability to Legislative Branch............................19
  XV. Section-by-Section Analysis of the Legislation.................19
 XVI. Changes in Existing Law Made by the Bill, as Reported..........21
XVII. Dissenting Views..............................................109

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                         I. Purpose and Summary

    H.R. 535, the ``PFAS Action Act of 2019'', brings together 
legislative efforts to address the threat of per- and 
polyfluoroalkyl substances (PFAS) under a range of 
environmental laws within the jurisdiction of the Committee on 
Energy and Commerce. As reported, the bill incorporates 12 
bills considered by the Committee to ensure cleanup of 
contaminated sites under the Superfund program; establish a 
health-protective drinking water standard; require 
comprehensive testing of PFAS chemicals; limit the introduction 
of new PFAS chemicals; require reporting of PFAS releases to 
the Toxics Release Inventory (TRI); require guidance for safe 
disposal of PFAS; provide assistance to drinking water 
utilities treating PFAS contamination; limit air pollution of 
PFAS from manufacturing and incineration; establish a voluntary 
label for PFAS-free products; and provide guidance to first 
responders to minimize their risk from PFAS chemicals.
    As introduced, H.R. 535 required listing of all PFAS 
chemicals, as a class, under the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), or 
Superfund. During its consideration of the bill, the full 
Committee adopted an amendment in the nature of a substitute 
incorporating 11 other bills that had been included in the 
Subcommittee hearing and markup. Those bills, listed below, 
were each favorably forwarded to the full Committee by a voice 
vote, without amendment:
           H.R. 2377, ``Protect Drinking Water from 
        PFAS Act of 2019'';
           H.R. 2533, ``Providing Financial Assistance 
        for Safe Drinking Water Act'';
           H.R. 2566, A bill to require the 
        Administrator of the Environmental Protection Agency to 
        revise the Safer Choice Standard to provide for a Safer 
        Choice label for pots, pans, and cooking utensils that 
        do not contain PFAS, and for other purposes;
           H.R. 2577, ``PFAS Right-To-Know Act'';
           H.R. 2591, ``PFAS Waste Incineration Ban Act 
        of 2019'';
           H.R. 2596, ``Protecting Communities from New 
        PFAS Act'';
           H.R. 2600, ``Toxic PFAS Control Act'';
           H.R. 2605, ``Prevent Release Of Toxics 
        Emissions, Contamination, and Transfer (PROTECT) Act of 
        2019'';
           H.R. 2608, ``PFAS Testing Act of 2019'';
           H.R. 2626, ``PFAS Accountability Act of 
        2019''; and
           H.R. 2638, A bill to direct the 
        Administrator of the Environmental Protection Agency to 
        issue guidance on minimizing the use of firefighting 
        foam containing PFAS, and for other purposes.

                II. Background and Need for Legislation

    Since 1949, the large class of chemicals known as per- and 
polyfluoroalkyl substances, commonly referred to as PFAS, have 
been manufactured and used in many common products, such as 
firefighting foams, food packaging materials, nonstick 
cookware, cleaning products, toiletries, and stain and water-
resistant fabrics. Two of these chemicals, PFOA and PFOS, have 
been voluntarily phased out by most manufacturers, however, 
several thousand PFAS formulations continue to be produced.
    PFAS chemicals are highly stable and environmentally 
persistent. Health studies show that PFAS bioaccumulate and 
will remain in the human body for years. Exposures to PFAS are 
linked to severe adverse health effects including, but not 
limited to, certain cancers, suppressed antibody response, 
reproductive problems, and thyroid hormone disruption. In 2003-
2004, PFOA and PFOS were detected in the blood of 99.7 percent 
and 99.9 percent, respectively, of those tested in the United 
States.
    Between 1951 and 2003, DuPont dumped and emitted more than 
1.7 million pounds of PFOA in West Virginia. In 2002, the U.S. 
Environmental Protection Agency (EPA) ordered DuPont to provide 
alternative drinking water for residents near the Washington 
Works facility in Washington, West Virginia. PFOA was one of 
the hazardous contaminants found in the community's drinking 
water. This drinking water crisis focused national attention on 
PFAS exposures and their potential health risks.
    To date, EPA has not set any drinking water standards for 
PFAS, but has issued a non-binding health advisory for PFOA and 
PFOS. The EPA published draft guidance for PFAS groundwater 
cleanup, including at Superfund sites, though the guidance is 
not binding. PFAS are not currently covered by EPCRA 
requirements. EPA has taken no action to date under the 
Resource Conservation and Recovery Act (RCRA) or the Clean Air 
Act to ensure the safe disposal of PFAS. The agency PFAS Action 
Plan is inadequate for addressing the vast reach of the PFAS 
problem.
    There is a clear need for legislation to ameliorate EPA's 
failure to decisely address PFAS. Additionally, to more 
effectively address the PFAS problem EPA should have 
additional, specific PFAS under its existing statutues 
including: the Toxic Substances Control Act (TSCA); CERCLA; the 
Emergency Planning and Community Right-to-Know Act (EPCRA); the 
Safe Drinking Water Act (SDWA); the Solid Waste Disposal Act 
(commonly referred to as RCRA); and the Clean Air Act.

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 535:
    On May 15, 2019, the Subcommittee on Environment and 
Climate Change held a legislative hearing entitled, 
``Protecting Americans at Risk of PFAS Contamination and 
Exposure.'' The legislative hearing included 13 bills on the 
subject. Testimony was heard from the following witnesses:
           Erik D. Olson, Health Program Director at 
        the Natural Resources Defense Council;
           Jamie DeWitt, Ph.D., DABT, Associate 
        Professor, Department of Pharmacology & Toxicology, 
        Brody School of Medicine at East Carolina University;
           Emily Marpe, mother and community member 
        from Petersburgh, New York;
           Brian Steglitz, P.E., Manager of Water 
        Treatment Services for the City of Ann Arbor, MI;
           Tracy Mehan, Executive Director for 
        Government Affairs, American Water Works Association; 
        and
           Jane C. Luxton, Partner and Co-Chair of the 
        Environmental and Administrative Law Practice at Lewis 
        Brisbois.
    An additional related hearing was held late in the 115th 
Congress on September 6, 2018. The Subcommittee on Environment 
held an oversight hearing entitled ``Perfluorinated Chemicals 
in the Environment: An Update on the Response to Contamination 
and Challenges Presented.'' Testimony was given by the 
following witnesses:
           Dr. Peter Grevatt, Director of the Office of 
        Ground Water & Drinking Water at the Environmental 
        Protection Agency;
           Maureen Sullivan, Deputy Assistant Secretary 
        of Defense for Energy, Department of Defense;
           Lisa Daniels, President of the Association 
        of State Drinking Water Administrators;
           Sandeep Burman of the Minnesota Pollution 
        Control Agency on behalf of the Association of State 
        and Territorial Solid Waste Management Officials;
           Erik D. Olson of the Natural Resources 
        Defense Council; and
           Emily Donovan, Co-Founder of Clean Cape 
        Fear.

                      IV. Committee Consideration

    Representatives Debbie Dingell (D-MI) and Fred Upton (R-MI) 
introduced H.R. 535 on January 14, 2019. The bill was referred 
to the Committee on Energy and Commerce and, subsequently, on 
January 25, 2019, to the Subcommittee on Environment and 
Climate Change. Following legislative hearings, on September 
26, 2019, the Subcommittee on Environment and Climate Change 
met in open markup session to consider H.R. 535. No amendments 
were offered to the bill and the Subcommittee voted to forward 
the bill favorably to the full Committee by a voice vote, 
without amendment.
    On November 11, 2019, the full Committee met in open markup 
session, pursuant to notice, to consider the bill, H.R. 535. 
Rep. Pallone (D-NJ) offered an Amendment in the Nature of a 
Substitute that incorporated text from 11 additional bills 
addressing PFAS, all of which were considered at the 
Subcommittee markup on September 26th and had been favorably 
forwarded to the full Committee by voice vote, without 
amendment. An amendment offered by Mr. Shimkus (R-IL) to the 
Pallone AINS was defeated by a roll call vote of 21 yeas to 29 
nays. The committee then adopted the Pallone AINS by a voice 
vote. The Committee on Energy and Commerce agreed to a motion 
offered by Mr. Pallone, Chairman of the Committee, that the 
bill, H.R. 535, be ordered reported favorably to the House, 
amended, by a recorded vote of 31 yeas to 19 nays, a quorum 
being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
following are the record votes taken during Committee 
consideration of H.R. 535, including the names of those members 
voting for and against:

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to address 
contamination from perfluoroalkyl and polyfluoroalkyl and 
protect public health and the environment.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, several provisions 
of H.R. 535 are known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance. Sections 6, 
8, 9, 10, 11, 12, and 14 were enacted into law on December 20, 
2019, as part of Public Law 116-92, the National Defense 
Authorization Act of Fiscal Year 2020.


                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 535 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title; Table of Contents

    Section 1(a) designates this Act may be cited as the ``PFAS 
Action Act of 2019''. Section 1(b) provides the table of 
contents.

Sec. 2. Designation as hazardous substances

    Section 2 would require the listing of certain 
perfluoroalkyl and polyfluoroalkyl substances as hazardous 
substances under CERCLA within one year. It would also set a 
deadline for EPA to decide within five years whether or not to 
list the remaining PFAS under CERCLA, individually or in 
groups.

Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances

    This section incorporates H.R. 2608, sponsored by Rep. Sean 
Patrick Maloney (D-NY), to require EPA to promulgate a test 
rule requiring health effects testing for all PFAS. The section 
allows the Administrator to divide PFAS into subclasses through 
the rulemaking process.

Sec. 4. Manufacturing and processing notices for perfluoroalkyl and 
        polyfluoroalkyl substances

    This section incorporates H.R. 2596, sponsored by Rep. Ann 
McLane Kuster (D-NH), with amendment. Under the amended text, 
there will be a moratorium under the Toxic Substances Control 
Act (TSCA) on the approval of new PFAS for five years, as well 
as a permanent bar on the introduction of new PFAS into 
commerce under low volume exemptions.

Sec. 5. National primary drinking water regulation for PFAS

    The section incorporates H.R. 2377, sponsored by 
Representatives Brendan Boyle (D-PA) and Brian Fitzpatrick (R-
PA), with amendment, to ensure the adoption of a drinking water 
standard under the Safe DrinkingWater Act (SDWA) for certain 
PFAS that protects the health of vulnerable subpopulations, 
including pregnant women, infants, and children.

Sec. 6. Monitoring and detection

    This section incorporates H.R. 2800, sponsored by 
Representative Elissa Slotkin (D-MI), with amendment, to 
require monitoring under SDWA for PFAS as part of the EPA's 
unregulated contaminant monitoring program.

Sec. 7. Enforcement

    This section provides a five-year delay in enforcement for 
the drinking water standard for PFAS, to allow drinking water 
utilities to implement improvements in their treatment 
techniques.

Sec. 8. Drinking water state revolving funds

    This section creates a new source of funding, through the 
drinking water State Revolving Funds, to address emerging 
contaminants including PFAS.

Sec. 9. Additions to Toxics Release Inventory

    This section incorporates H.R. 2577, sponsored by Rep. 
Delgado, with amendment. The section requires TRI reporting of 
a long list of PFAS chemicals, and establishes a timeline for 
determinations on additional PFAS chemicals.

Sec. 10. PFAS data call

    This section amends TSCA section 8 to require manufacturers 
of PFAS chemicals to provide data to EPA on manufacturing 
volumes, byproducts, uses, and exposure.

Sec. 11. Significant New Use Rule for long chain PFAS

    This section sets a deadline under TSCA for EPA to take 
final action on a proposed Significant New Use Rule that covers 
a group of PFAS. The proposal was issued in 2015, but has not 
been finalized.

Sec. 12. Destruction and disposal guidance

    This section requires EPA to issue interim guidance on safe 
disposal of various types of PFAS containing materials.

Sec. 13. Establishment of PFAS infrastructure grant program

    This section of the AINS incorporates H.R. 2533, sponsored 
by Rep. Pallone, with amendment, to provide financial 
assistance under SDWA to water utilities that must install new 
treatment technology to remove PFAS from the water they 
provide.

Sec. 14. Cooperative agreements with States for removal and remedial 
        actions to address drinking, surface, and groundwater and soil 
        contamination from PFAS

    This section incorporates H.R. 2626, sponsored by Rep. 
Upton, to require Federal agencies to enter into cooperative 
agreements with States for the cleanup of Federal facilitites 
located in those States that are contaminated with PFAS.

Sec. 15. Listing of perfluoroalkyl and polyfluoroalkyl substances as 
        hazardous air pollutants

    This section incorporates H.R. 2605, sponsored by Rep. 
Haley Stevens (D-MI), without change, to require the listing of 
PFAS chemicals as hazardous air pollutants under the Clean Air 
Act.

Sec. 16. Prohibition on waste incineration of PFAS

    This section incorporates H.R. 2591, sponsored by Rep. Ro 
Khanna (D-CA), with amendment. As currently structured, the 
section amends the Solid Waste Disposal Act (SWDA) to allow for 
incineration of PFAS containing wastes so long as that 
incineration is done at an approved hazardous waste incinerator 
and meets emissions standards (including those for Hydrogen 
Fluoride), while minimizing PFAS air emissions to the extent 
feasible.

Sec. 17. Label for pots, pans, and cooking utensils

    This section incorporates H.R. 2566, sponsored by Rep. 
Darren Soto (D-FL), to require the EPA Administrator to 
establish a voluntary label to be available to the 
manufacturers of pots, pans, and cooking utensils that do not 
contain PFAS.

Sec. 18. Guidance on minimizing the use of firefighting foam and other 
        related equipment containing PFAS

    This section incorporates H.R. 2638, sponsored by Rep. 
Lizzie Fletcher (D-TX), to direct the Administrator of the 
Environmental Protection Agency to issue guidance for 
firefighters and other first responders to minimize the use of 
foam and other firefighting materials containing PFAS and to 
minimize their health risk from PFAS exposure. As amended, this 
section requires EPA to consult with the head of the U.S. Fire 
Administration and other relevant Federal Agencies in 
developing the guidance.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TOXIC SUBSTANCES CONTROL ACT


TITLE I--CONTROL OF TOXIC SUBSTANCES

           *       *       *       *       *       *       *



SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.

  (a) Testing Requirements.--(1) If the Administrator finds 
that--
          (A)(i)(I) the manufacture, distribution in commerce, 
        processing, use, or disposal of a chemical substance or 
        mixture, or that any combination of such activities, 
        may present an unreasonable risk of injury to health or 
        the environment,
          (II) there is insufficient information and experience 
        upon which the effects of such manufacture, 
        distribution in commerce, processing, use, or disposal 
        of such substance or mixture or of any combination of 
        such activities on health or the environment can 
        reasonably be determined or predicted, and
          (III) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        information; or
          (ii)(I) a chemical substance or mixture is or will be 
        produced in substantial quantities, and (aa) it enters 
        or may reasonably be anticipated to enter the 
        environment in substantial quantities or (bb) there is 
        or may be significant or substantial human exposure to 
        such substance or mixture,
          (II) there is insufficient information and experience 
        upon which the effects of the manufacture, distribution 
        in commerce, processing, use, or disposal of such 
        substance or mixture or of any combination of such 
        activities on health or the environment can reasonably 
        be determined or predicted, and
          (III) testing of such substance or mixture with 
        respect to such effects is necessary to develop such 
        information; and
          (B) in the case of a mixture, the effects which the 
        mixture's manufacture, distribution in commerce, 
        processing, use, or disposal or any combination of such 
        activities may have on health or the environment may 
        not be reasonably and more efficiently determined or 
        predicted by testing the chemical substances which 
        comprise the mixture;
the Administrator shall by rule, or, in the case of a chemical 
substance or mixture described in subparagraph (A)(i), by rule, 
order, or consent agreement, require that testing be conducted 
on such substance or mixture to develop information with 
respect to the health and environmental effects for which there 
is an insufficiency of information and experience and which is 
relevant to a determination that the manufacture, distribution 
in commerce, processing, use, or disposal of such substance or 
mixture, or that any combination of such activities, does or 
does not present an unreasonable risk of injury to health or 
the environment.
          (2) Additional testing authority.--In addition to the 
        authority provided under paragraph (1), the 
        Administrator may, by rule, order, or consent 
        agreement--
                  (A) require the development of new 
                information relating to a chemical substance or 
                mixture if the Administrator determines that 
                the information is necessary--
                          (i) to review a notice under section 
                        5 or to perform a risk evaluation under 
                        section 6(b);
                          (ii) to implement a requirement 
                        imposed in a rule, order, or consent 
                        agreement under subsection (e) or (f) 
                        of section 5 or in a rule promulgated 
                        under section 6(a);
                          (iii) at the request of a Federal 
                        implementing authority under another 
                        Federal law, to meet the regulatory 
                        testing needs of that authority with 
                        regard to toxicity and exposure; or
                          (iv) pursuant to section 12(a)(2); 
                        and
                  (B) require the development of new 
                information for the purposes of prioritizing a 
                chemical substance under section 6(b) only if 
                the Administrator determines that such 
                information is necessary to establish the 
                priority of the substance, subject to the 
                limitations that--
                          (i) not later than 90 days after the 
                        date of receipt of information 
                        regarding a chemical substance 
                        complying with a rule, order, or 
                        consent agreement under this 
                        subparagraph, the Administrator shall 
                        designate the chemical substance as a 
                        high-priority substance or a low-
                        priority substance; and
                          (ii) information required by the 
                        Administrator under this subparagraph 
                        shall not be required for the purposes 
                        of establishing or implementing a 
                        minimum information requirement of 
                        broader applicability.
          (3) Statement of need.--When requiring the 
        development of new information relating to a chemical 
        substance or mixture under paragraph (2), the 
        Administrator shall identify the need for the new 
        information, describe how information reasonably 
        available to the Administrator was used to inform the 
        decision to require new information, explain the basis 
        for any decision that requires the use of vertebrate 
        animals, and, as applicable, explain why issuance of an 
        order is warranted instead of promulgating a rule or 
        entering into a consent agreement.
          (4) Tiered testing.--When requiring the development 
        of new information under this subsection, the 
        Administrator shall employ a tiered screening and 
        testing process, under which the results of screening-
        level tests or assessments of available information 
        inform the decision as to whether 1 or more additional 
        tests are necessary, unless information available to 
        the Administrator justifies more advanced testing of 
        potential health or environmental effects or potential 
        exposure without first conducting screening-level 
        testing.
          (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)(1) Testing Requirement Rule, order, or consent 
agreement.--A rule, order, or consent agreement under 
subsection (a) shall include--
          (A) identification of the chemical substance or 
        mixture for which testing is required under the rule, 
        order, or consent agreement,
          (B) protocols and methodologies for the development 
        of information for such substance or mixture, and
          (C) with respect to chemical substances which are not 
        new chemical substances and to mixtures, a 
        specification of the period (which period may not be of 
        unreasonable duration) within which the persons 
        required to conduct the testing shall submit to the 
        Administrator information developed in accordance with 
        the protocols and methodologies referred to in 
        subparagraph (B).
In determining the protocols and methodologies and period to be 
included, pursuant to subparagraphs (B) and (C), in a rule, 
order, or consent agreement under subsection (a), the 
Administrator's considerations shall include the relative costs 
of the various test protocols and methodologies which may be 
required under the rule, order, or consent agreement and the 
reasonably foreseeable availability of the facilities and 
personnel needed to perform the testing required under the 
rule, order, or consent agreement. Any such rule, order, or 
consent agreement may require the submission to the 
Administrator of preliminary information during the period 
prescribed under subparagraph (C).
  (2)(A) The health and environmental effects for which 
protocols and methodologies for the development of information 
may be prescribed include carcinogenesis, mutagenesis, 
teratogenesis, behavioral disorders, cumulative or synergistic 
effects, and any other effect which may present an unreasonable 
risk of injury to health or the environment. Protocols and 
methodologies for the development of information may also be 
prescribed for the assessment of exposure or exposure potential 
to humans or the environment. The characteristics of chemical 
substances and mixtures for which such protocols and 
methodologies may be prescribed include persistence, acute 
toxicity, subacute toxicity, chronic toxicity, and any other 
characteristic which may present such a risk. The methodologies 
that may be prescribed in such protocols and methodologies 
include epidemiologic studies, serial or tiered testing, in 
vitro tests, and whole animal tests, except that before 
prescribing epidemiologic studies of employees, the 
Administrator shall consult with the Director of the National 
Institute for Occupational Safety and Health.
  (B) From time to time, but not less than once each 12 months, 
the Administrator shall review the adequacy of the protocols 
and methodologies for development of information prescribed in 
rules, orders, and consent agreements under subsection (a) and 
shall, if necessary, institute proceedings to make appropriate 
revisions of such protocols and methodologies.
  (3)(A) A rule or order under subsection (a) respecting a 
chemical substance or mixture shall require the persons 
described in [subparagraph (B) or (C)] subparagraph (B), (C), 
or (D), as applicable, to conduct tests and submit information 
to the Administrator on such substance or mixture, except that 
the Administrator may permit two or more of such persons to 
designate one such person or a qualified third party to conduct 
such tests and submit such information on behalf of the persons 
making the designation.
  (B) The following persons shall be required to conduct tests 
and submit information on a chemical substance or mixture 
subject to a rule under subsection (a)(1):
          (i) Each person who manufactures or intends to 
        manufacture such substance or mixture if the 
        Administrator makes a finding described in subsection 
        (a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II) with respect to 
        the manufacture of such substance or mixture.
          (ii) Each person who processes or intends to process 
        such substance or mixture if the Administrator makes a 
        finding described in subsection (a)(1)(A)(i)(II) or 
        (a)(1)(A)(ii)(II) with respect to the processing of 
        such substance or mixture.
          (iii) Each person who manufactures or processes or 
        intends to manufacture or process such substance or 
        mixture if the Administrator makes a finding described 
        in subsection (a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II) 
        with respect to the distribution in commerce, use, or 
        disposal of such substance or mixture.
  (C) A rule or order under paragraph (1) or (2) of subsection 
(a) may require the development of information by any person 
who manufactures or processes, or intends to manufacture or 
process, a chemical substance or mixture subject to the rule or 
order.
  (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.
  (4) Any rule, order, or consent agreement under subsection 
(a) requiring the testing of and submission of information for 
a particular chemical substance or mixture shall expire at the 
end of the reimbursement period (as defined in subsection 
(c)(3)(B)) which is applicable to information for such 
substance or mixture unless the Administrator repeals the rule 
or order or modifies the consent agreement to terminate the 
requirement before such date; and a rule, order, or consent 
agreement under subsection (a) requiring the testing of and 
submission of information for a category of chemical substances 
or mixtures shall expire with respect to a chemical substance 
or mixture included in the category at the end of the 
reimbursement period (as so defined) which is applicable to 
information for such substance or mixture unless the 
Administrator before such date repeals or modifies the 
application of the rule, order, or consent agreement to such 
substance or mixture or repeals the rule or order or modifies 
the consent agreement to terminate the requirement.
  (c) Exemption.--(1) Any person required by a rule or order 
under subsection (a) to conduct tests and submit information on 
a chemical substance or mixture may apply to the Administrator 
(in such form and manner as the Administrator shall prescribe) 
for an exemption from such requirement.
  (2) If, upon receipt of an application under paragraph (1), 
the Administrator determines that--
          (A) the chemical substance or mixture with respect to 
        which such application was submitted is equivalent to a 
        chemical substance or mixture 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) submission of information by the applicant on 
        such substance or mixture would be duplicative of 
        information which has been submitted to the 
        Administrator in accordance with such rule, order, or 
        consent agreement or which is being developed pursuant 
        to such rule, order, or consent agreement,
the Administrator shall exempt, in accordance with paragraph 
(3) or (4), the applicant from conducting tests and submitting 
information on such substance or mixture under the rule or 
order with respect to which such application was submitted.
  (3)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit information on 
a chemical substance or mixture is granted on the basis of the 
existence of previously submitted information and if such 
exemption is granted during the reimbursement period for such 
information (as prescribed by subparagraph (B)), then (unless 
such person and the persons referred to in clauses (i) and (ii) 
agree on the amount and method of reimbursement) the 
Administrator shall order the person granted the exemption to 
provide fair and equitable reimbursement (in an amount 
determined under rules of the Administrator)--
          (i) to the person who previously submitted such 
        information, for a portion of the costs incurred by 
        such person in complying with the requirement to submit 
        such information, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider all relevant factors, including the effect 
on the competitive position of the person required to provide 
reimbursement in relation to the person to be reimbursed and 
the share of the market for such substance or mixture of the 
person required to provide reimbursement in relation to the 
share of such market of the persons to be reimbursed. An order 
under this subparagraph shall, for purposes of judicial review, 
be considered final agency action.
  (B) For purposes of subparagraph (A), the reimbursement 
period for any information for a chemical substance or mixture 
is a period--
          (i) beginning on the date such information is 
        submitted in accordance with a rule, order, or consent 
        agreement under subsection (a), and
          (ii) ending--
                  (I) five years after the date referred to in 
                clause (i), or
                  (II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and which is equal to the period which the 
                Administrator determines was necessary to 
                develop such information,
        whichever is later.
  (4)(A) If the exemption under paragraph (2) of any person 
from the requirement to conduct tests and submit information on 
a chemical substance or mixture is granted on the basis of the 
fact that information is being developed by one or more persons 
pursuant to a rule, order, or consent agreement under 
subsection (a), then (unless such person and the persons 
referred to in clauses (i) and (ii) agree on the amount and 
method of reimbursement) the Administrator shall order the 
person granted the exemption to provide fair and equitable 
reimbursement (in an amount determined under rules of the 
Administrator)--
          (i) to each such person who is developing such 
        information, for a portion of the costs incurred by 
        each such person in complying with such rule, order, or 
        consent agreement, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to the 
        costs of complying with such rule, order, or consent 
        agreement, for a portion of the amount such person was 
        required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance or mixture, the Administrator shall, after 
consultation with the Attorney General and the Federal Trade 
Commission, consider the factors described in the second 
sentence of paragraph (3)(A). An order under this subparagraph 
shall, for purposes of judicial review, be considered final 
agency action.
  (B) If any exemption is granted under paragraph (2) on the 
basis of the fact that one or more persons are developing 
information pursuant to a rule, order, or consent agreement 
under subsection (a) and if after such exemption is granted the 
Administrator determines that no such person has complied with 
such rule, order, or consent agreement, the Administrator shall 
(i) after providing written notice to the person who holds such 
exemption and an opportunity for a hearing, by order terminate 
such exemption, and (ii) notify in writing such person of the 
requirements of the rule or order with respect to which such 
exemption was granted.
  (d) Notice.--Upon the receipt of any information pursuant to 
a rule, order, or consent agreement under subsection (a), the 
Administrator shall publish a notice of the receipt of such 
information in the Federal Register within 15 days of its 
receipt. Subject to section 14, each such notice shall (1) 
identify the chemical substance or mixture for which 
information has been received; (2) list the uses or intended 
uses of such substance or mixture and the information required 
by the applicable protocols and methodologies for the 
development of information; and (3) describe the nature of the 
information developed. Except as otherwise provided in section 
14, such information shall be made available by the 
Administrator for examination by any person.
  (e) Priority List.--(1)(A) There is established a committee 
to make recommendations to the Administrator respecting the 
chemical substances and mixtures to which the Administrator 
should give priority consideration for the development of 
information under subsection (a). In making such a 
recommendation with respect to any chemical substance or 
mixture, the committee shall consider all relevant factors, 
including--
          (i) the quantities in which the substance or mixture 
        is or will be manufactured,
          (ii) the quantities in which the substance or mixture 
        enters or will enter the environment,
          (iii) the number of individuals who are or will be 
        exposed to the substance or mixture in their places of 
        employment and the duration of such exposure,
          (iv) the extent to which human beings are or will be 
        exposed to the substance or mixture,
          (v) the extent to which the substance or mixture is 
        closely related to a chemical substance or mixture 
        which is known to present an unreasonable risk of 
        injury to health or the environment,
          (vi) the existence of information concerning the 
        effects of the substance or mixture on health or the 
        environment,
          (vii) the extent to which testing of the substance or 
        mixture may result in the development of information 
        upon which the effects of the substance or mixture on 
        health or the environment can reasonably be determined 
        or predicted, and
          (viii) the reasonably foreseeable availability of 
        facilities and personnel for performing testing on the 
        substance or mixture.
The recommendations of the committee shall be in the form of a 
list of chemical substances and mixtures which shall be set 
forth, either by individual substance or mixture or by groups 
of substances or mixtures, in the order in which the committee 
determines the Administrator should take action under 
subsection (a) with respect to the substances and mixtures. In 
establishing such list, the committee shall give priority 
attention to those chemical substances and mixtures which are 
known to cause or contribute to or which are suspected of 
causing or contributing to cancer, gene mutations, or birth 
defects. The committee shall designate chemical substances and 
mixtures on the list with respect to which the committee 
determines the Administrator should, within 12 months of the 
date on which such substances and mixtures are first 
designated, initiate a proceeding under subsection (a). The 
total number of chemical substances and mixtures on the list 
which are designated under the preceding sentence may not, at 
any time, exceed 50.
  (B) As soon as practicable but not later than nine months 
after the effective date of this Act, the committee shall 
publish in the Federal Register and transmit to the 
Administrator the list and designations required by 
subparagraph (A) together with the reasons for the committee's 
inclusion of each chemical substance or mixture on the list. At 
least every six months after the date of the transmission to 
the Administrator of the list pursuant to the preceeding 
sentence, the committee shall make such revisions in the list 
as it determines to be necessary and shall transmit them to the 
Administrator together with the committee's reasons for the 
revisions. Upon receipt of any such revision, the Administrator 
shall publish in the Federal Register the list with such 
revision, the reasons for such revision, and the designations 
made under subparagraph (A). The Administrator shall provide 
reasonable opportunity to any interested person to file with 
the Administrator written comments on the committee's list, any 
revision of such list by the committee, and designations made 
by the committee, and shall make such comments available to the 
public. Within the 12-month period beginning on the date of the 
first inclusion on the list of a chemical substance or mixture 
designated by the committee under subparagraph (A) the 
Administrator shall with respect to such chemical substance or 
mixture issue an order, enter into a consent agreement, or 
initiate a rulemaking proceeding under subsection (a), or, if 
such an order or consent agreement is not issued or such a 
proceeding is not initiated within such period, publish in the 
Federal Register the Administrator's reason for not issuing 
such an order, entering into such a consent agreement, or 
initiating such a proceeding.
  (2)(A) The committee established by paragraph (1)(A) shall 
consist of ten members as follows:
          (i) One member appointed by the Administrator from 
        the Environmental Protection Agency.
          (ii) One member appointed by the Secretary of Labor 
        from officers or employees of the Department of Labor 
        engaged in the Secretary's activities under the 
        Occupational Safety and Health Act of 1970.
          (iii) One member appointed by the Chairman of the 
        Council on Environmental Quality from the Council or 
        its officers or employees.
          (iv) One member appointed by the Director of the 
        National Institute for Occupational Safety and Health 
        from officers or employees of the Institute.
          (v) One member appointed by the Director of the 
        National Institute of Environmental Health Sciences 
        from officers or employees of the Institute.
          (vi) One member appointed by the Director of the 
        National Cancer Institute from officers or employees of 
        the Institute.
          (vii) One member appointed by the Director of the 
        National Science Foundation from officers or employees 
        of the Foundation.
          (viii) One member appointed by the Secretary of 
        Commerce from officers or employees of the Department 
        of Commerce.
          (ix) One member appointed by the Chairman of the 
        Consumer Product Safety Commission from Commissioners 
        or employees of the Commission.
          (x) One member appointed by the Commissioner of Food 
        and Drugs from employees of the Food and Drug 
        Administration.
  (B)(i) An appointed member may designate an individual to 
serve on the committee on the member's behalf. Such a 
designation may be made only with the approval of the 
applicable appointing authority and only if the individual is 
from the entity from which the member was appointed.
  (ii) No individual may serve as a member of the committee for 
more than four years in the aggregate. If any member of the 
committee leaves the entity from which the member was 
appointed, such member may not continue as a member of the 
committee, and the member's position shall be considered to be 
vacant. A vacancy in the committee shall be filled in the same 
manner in which the original appointment was made.
  (iii) Initial appointments to the committee shall be made not 
later than the 60th day after the effective date of this Act. 
Not later than the 90th day after such date the members of the 
committee shall hold a meeting for the selection of a 
chairperson from among their number.
  (C)(i) No member of the committee, or designee of such 
member, shall accept employment or compensation from any person 
subject to any requirement of this Act or of any rule 
promulgated or order issued thereunder, for a period of at 
least 12 months after termination of service on the committee.
  (ii) No person, while serving as a member of the committee, 
or designee of such member, may own any stocks or bonds, or 
have any pecuniary interest, of substantial value in any person 
engaged in the manufacture, processing, or distribution in 
commerce of any chemical substance or mixture subject to any 
requirement of this Act or of any rule promulgated or order 
issued thereunder.
  (iii) The Administrator, acting through attorneys of the 
Environmental Protection Agency, or the Attorney General may 
bring an action in the appropriate district court of the United 
States to restrain any violation of this subparagraph.
  (D) The Administrator shall provide the committee such 
administrative support services as may be necessary to enable 
the committee to carry out its function under this subsection.
  (f) Required Actions.--Upon the receipt of--
          (1) any information required to be submitted under 
        this Act, or
          (2) any other information available to the 
        Administrator,
which indicates to the Administrator that there may be a 
reasonable basis to conclude that a chemical substance or 
mixture presents a significant risk of serious or widespread 
harm to human beings, the Administrator shall, within the 180-
day period beginning on the date of the receipt of such 
information, initiate applicable action under section 5, 6, or 
7 to prevent or reduce to a sufficient extent such risk or 
publish in the Federal Register a finding, made without 
consideration of costs or other nonrisk factors, that such risk 
is not unreasonable. For good cause shown the Administrator may 
extend such period for an additional period of not more than 90 
days. The Administrator shall publish in the Federal Register 
notice of any such extension and the reasons therefor. A 
finding by the Administrator that a risk is not unreasonable 
shall be considered agency action for purposes of judicial 
review under chapter 7 of title 5, United States Code. This 
subsection shall not take effect until two years after the 
effective date of this Act.
  (g) Petition for Protocols and Methodologies for the 
Development of Information.--A person intending to manufacture 
or process a chemical substance for which notice is required 
under section 5(a) and who is not required under a rule, order, 
or consent agreement under subsection (a) to conduct tests and 
submit information on such substance may petition the 
Administrator to prescribe protocols and methodologies for the 
development of information for such substance. The 
Administrator shall by order either grant or deny any such 
petition within 60 days of its receipt. If the petition is 
granted, the Administrator shall prescribe such protocols and 
methodologies for such substance within 75 days of the date the 
petition is granted. If the petition is denied, the 
Administrator shall publish, subject to section 14, in the 
Federal Register the reasons for such denial.
  (h) Reduction of Testing on Vertebrates.--
          (1) In general.--The Administrator shall reduce and 
        replace, to the extent practicable, scientifically 
        justified, and consistent with the policies of this 
        title, the use of vertebrate animals in the testing of 
        chemical substances or mixtures under this title by--
                  (A) prior to making a request or adopting a 
                requirement for testing using vertebrate 
                animals, and in accordance with subsection 
                (a)(3), taking into consideration, as 
                appropriate and to the extent practicable and 
                scientifically justified, reasonably available 
                existing information, including--
                          (i) toxicity information;
                          (ii) computational toxicology and 
                        bioinformatics; and
                          (iii) high-throughput screening 
                        methods and the prediction models of 
                        those methods; and
                  (B) encouraging and facilitating--
                          (i) the use of scientifically valid 
                        test methods and strategies that reduce 
                        or replace the use of vertebrate 
                        animals while providing information of 
                        equivalent or better scientific quality 
                        and relevance that will support 
                        regulatory decisions under this title;
                          (ii) the grouping of 2 or more 
                        chemical substances into scientifically 
                        appropriate categories in cases in 
                        which testing of a chemical substance 
                        would provide scientifically valid and 
                        useful information on other chemical 
                        substances in the category; and
                          (iii) the formation of industry 
                        consortia to jointly conduct testing to 
                        avoid unnecessary duplication of tests, 
                        provided that such consortia make all 
                        information from such testing available 
                        to the Administrator.
          (2) Implementation of alternative testing methods.--
        To promote the development and timely incorporation of 
        new scientifically valid test methods and strategies 
        that are not based on vertebrate animals, the 
        Administrator shall--
                  (A) not later than 2 years after the date of 
                enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act, develop a 
                strategic plan to promote the development and 
                implementation of alternative test methods and 
                strategies to reduce, refine, or replace 
                vertebrate animal testing and provide 
                information of equivalent or better scientific 
                quality and relevance for assessing risks of 
                injury to health or the environment of chemical 
                substances or mixtures through, for example--
                          (i) computational toxicology and 
                        bioinformatics;
                          (ii) high-throughput screening 
                        methods;
                          (iii) testing of categories of 
                        chemical substances;
                          (iv) tiered testing methods;
                          (v) in vitro studies;
                          (vi) systems biology;
                          (vii) new or revised methods 
                        identified by validation bodies such as 
                        the Interagency Coordinating Committee 
                        on the Validation of Alternative 
                        Methods or the Organization for 
                        Economic Co-operation and Development; 
                        or
                          (viii) industry consortia that 
                        develop information submitted under 
                        this title;
                  (B) as practicable, ensure that the strategic 
                plan developed under subparagraph (A) is 
                reflected in the development of requirements 
                for testing under this section;
                  (C) include in the strategic plan developed 
                under subparagraph (A) a list, which the 
                Administrator shall update on a regular basis, 
                of particular alternative test methods or 
                strategies the Administrator has identified 
                that do not require new vertebrate animal 
                testing and are scientifically reliable, 
                relevant, and capable of providing information 
                of equivalent or better scientific reliability 
                and quality to that which would be obtained 
                from vertebrate animal testing;
                  (D) provide an opportunity for public notice 
                and comment on the contents of the plan 
                developed under subparagraph (A), including the 
                criteria for considering scientific reliability 
                and relevance of the test methods and 
                strategies that may be identified pursuant to 
                subparagraph (C);
                  (E) beginning on the date that is 5 years 
                after the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century 
                Act, and every 5 years thereafter, submit to 
                Congress a report that describes the progress 
                made in implementing the plan developed under 
                subparagraph (A) and goals for future 
                alternative test methods and strategies 
                implementation; and
                  (F) prioritize and, to the extent consistent 
                with available resources and the 
                Administrator's other responsibilities under 
                this title, carry out performance assessment, 
                validation, and translational studies to 
                accelerate the development of scientifically 
                valid test methods and strategies that reduce, 
                refine, or replace the use of vertebrate 
                animals, including minimizing duplication, in 
                any testing under this title.
          (3) Voluntary testing.--
                  (A) In general.--Any person developing 
                information for submission under this title on 
                a voluntary basis and not pursuant to any 
                request or requirement by the Administrator 
                shall first attempt to develop the information 
                by means of an alternative test method or 
                strategy identified by the Administrator 
                pursuant to paragraph (2)(C), if the 
                Administrator has identified such a test method 
                or strategy for the development of such 
                information, before conducting new vertebrate 
                animal testing.
                  (B) Effect of paragraph.--Nothing in this 
                paragraph shall, under any circumstance, limit 
                or restrict the submission of any existing 
                information to the Administrator.
                  (C) Relationship to other law.--A violation 
                of this paragraph shall not be a prohibited act 
                under section 15.
                  (D) Review of means.--This paragraph 
                authorizes, but does not require, the 
                Administrator to review the means by which a 
                person conducted testing described in 
                subparagraph (A).
  (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. 5. MANUFACTURING AND PROCESSING NOTICES.

  (a) In General.--(1)(A) Except as provided in subparagraph 
(B) of this paragraph and subsection (h), no person may--
          (i) manufacture a new chemical substance on or after 
        the 30th day after the date on which the Administrator 
        first publishes the list required by section 8(b), or
          (ii) manufacture or process any chemical substance 
        for a use which the Administrator has determined, in 
        accordance with paragraph (2), is a significant new 
        use.
          (B) A person may take the actions described in 
        subparagraph (A) if--
                  (i) such person submits to the Administrator, 
                at least 90 days before such manufacture or 
                processing, a notice, in accordance with 
                subsection (d), of such person's intention to 
                manufacture or process such substance and such 
                person complies with any applicable requirement 
                of, or imposed pursuant to, subsection (b), 
                (e), or (f); and
                  (ii) the Administrator--
                          (I) conducts a review of the notice; 
                        and
                          (II) makes a determination under 
                        subparagraph (A), (B), or (C) of 
                        paragraph (3) and takes the actions 
                        required in association with that 
                        determination under such subparagraph 
                        within the applicable review period.
  (2) A determination by the Administrator that a use of a 
chemical substance is a significant new use with respect to 
which notification is required under paragraph (1) shall be 
made by a rule promulgated after a consideration of all 
relevant factors, including--
          (A) the projected volume of manufacturing and 
        processing of a chemical substance,
          (B) the extent to which a use changes the type or 
        form of exposure of human beings or the environment to 
        a chemical substance,
          (C) the extent to which a use increases the magnitude 
        and duration of exposure of human beings or the 
        environment to a chemical substance, and
          (D) the reasonably anticipated manner and methods of 
        manufacturing, processing, distribution in commerce, 
        and disposal of a chemical substance.
          (3) Review and determination.--Within the applicable 
        review period, subject to section 18, the Administrator 
        shall review such notice and determine--
                  (A) that the relevant chemical substance or 
                significant new use presents an unreasonable 
                risk of injury to health or the environment, 
                without consideration of costs or other nonrisk 
                factors, including an unreasonable risk to a 
                potentially exposed or susceptible 
                subpopulation identified as relevant by the 
                Administrator under the conditions of use, in 
                which case the Administrator shall take the 
                actions required under subsection (f);
                  (B) that--
                          (i) the information available to the 
                        Administrator is insufficient to permit 
                        a reasoned evaluation of the health and 
                        environmental effects of the relevant 
                        chemical substance or significant new 
                        use; or
                          (ii)(I) in the absence of sufficient 
                        information to permit the Administrator 
                        to make such an evaluation, the 
                        manufacture, processing, distribution 
                        in commerce, use, or disposal of such 
                        substance, or any combination of such 
                        activities, may present an unreasonable 
                        risk of injury to health or the 
                        environment, without consideration of 
                        costs or other nonrisk factors, 
                        including an unreasonable risk to a 
                        potentially exposed or susceptible 
                        subpopulation identified as relevant by 
                        the Administrator; or
                          (II) such substance is or will be 
                        produced in substantial quantities, and 
                        such substance either enters or may 
                        reasonably be anticipated to enter the 
                        environment in substantial quantities 
                        or there is or may be significant or 
                        substantial human exposure to the 
                        substance,
                in which case the Administrator shall take the 
                actions required under subsection (e); or
                  (C) that the relevant chemical substance or 
                significant new use is not likely to present an 
                unreasonable risk of injury to health or the 
                environment, without consideration of costs or 
                other nonrisk factors, including an 
                unreasonable risk to a potentially exposed or 
                susceptible subpopulation identified as 
                relevant by the Administrator under the 
                conditions of use, in which case the submitter 
                of the notice may commence manufacture of the 
                chemical substance or manufacture or processing 
                for a significant new use.
          (4) Failure to render determination.--
                  (A) Failure to render determination.--If the 
                Administrator fails to make a determination on 
                a notice under paragraph (3) by the end of the 
                applicable review period and the notice has not 
                been withdrawn by the submitter, the 
                Administrator shall refund to the submitter all 
                applicable fees charged to the submitter for 
                review of the notice pursuant to section 26(b), 
                and the Administrator shall not be relieved of 
                any requirement to make such determination.
                  (B) Limitations.--(i) A refund of applicable 
                fees under subparagraph (A) shall not be made 
                if the Administrator certifies that the 
                submitter has not provided information required 
                under subsection (b) or has otherwise unduly 
                delayed the process such that the Administrator 
                is unable to render a determination within the 
                applicable review period.
                  (ii) A failure of the Administrator to render 
                a decision shall not be deemed to constitute a 
                withdrawal of the notice.
                  (iii) Nothing in this paragraph shall be 
                construed as relieving the Administrator or the 
                submitter of the notice from any requirement of 
                this section.
          (5) Article consideration.--The Administrator may 
        require notification under this section for the import 
        or processing of a chemical substance as part of an 
        article or category of articles under paragraph 
        (1)(A)(ii) if the Administrator makes an affirmative 
        finding in a rule under paragraph (2) that the 
        reasonable potential for exposure to the chemical 
        substance through the article or category of articles 
        subject to the rule justifies notification.
  (b) Submission of Information.--(1)(A) If (i) a person is 
required by subsection (a)(1) to submit a notice to the 
Administrator before beginning the manufacture or processing of 
a chemical substance, and (ii) such person is required to 
submit information for such substance pursuant to a rule, 
order, or consent agreement under section 4 before the 
submission of such notice, such person shall submit to the 
Administrator such information in accordance with such rule, 
order, or consent agreement at the time notice is submitted in 
accordance with subsection (a)(1).
  (B) If--
          (i) a person is required by subsection (a)(1) to 
        submit a notice to the Administrator, and
          (ii) such person has been granted an exemption under 
        section 4(c) from the requirements of a rule or order 
        under section 4 before the submission of such notice,
such person may not, before the expiration of the 90-day period 
which begins on the date of the submission in accordance with 
such rule of the information the submission or development of 
which was the basis for the exemption, manufacture such 
substance if such person is subject to subsection (a)(1)(A)(i) 
or manufacture or process such substance for a significant new 
use if the person is subject to subsection (a)(1)(A)(ii).
  (2)(A) If a person--
          (i) is required by subsection (a)(1) to submit a 
        notice to the Administrator before beginning the 
        manufacture or processing of a chemical substance 
        listed under paragraph (4), and
          (ii) is not required by a rule, order, or consent 
        agreement under section 4 before the submission of such 
        notice to submit information for such substance,
such person may submit to the Administrator information 
prescribed by subparagraph (B) at the time notice is submitted 
in accordance with subsection (a)(1).
  (B) Information submitted pursuant to subparagraph (A) shall 
be information which the person submitting the information 
believes shows that--
          (i) in the case of a substance with respect to which 
        notice is required under subsection (a)(1)(A)(i), the 
        manufacture, processing, distribution in commerce, use, 
        and disposal of the chemical substance or any 
        combination of such activities will not present an 
        unreasonable risk of injury to health or the 
        environment, or
          (ii) in the case of a chemical substance with respect 
        to which notice is required under subsection 
        (a)(1)(A)(ii), the intended significant new use of the 
        chemical substance will not present an unreasonable 
        risk of injury to health or the environment.
  (3) Information submitted under paragraph (1) or (2) of this 
subsection or under subsection (e) shall be made available, 
subject to section 14, for examination by interested persons.
  (4)(A)(i) The Administrator may, by rule, compile and keep 
current a list of chemical substances with respect to which the 
Administrator finds that the manufacture, processing, 
distribution in commerce, use, or disposal, or any combination 
of such activities, presents or may present an unreasonable 
risk of injury to health or the environment, without 
consideration of costs or other nonrisk factors.
  (ii) In making a finding under clause (i) that the 
manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or any combination of such 
activities presents or may present an unreasonable risk of 
injury to health or the environment, the Administrator shall 
consider all relevant factors, including--
          (I) the effects of the chemical substance on health 
        and the magnitude of human exposure to such substance; 
        and
          (II) the effects of the chemical substance on the 
        environment and the magnitude of environmental exposure 
        to such substance.
  (B) The Administrator shall, in prescribing a rule under 
subparagraph (A) which lists any chemical substance, identify 
those uses, if any, which the Administrator determines, by rule 
under subsection (a)(2), would constitute a significant new use 
of such substance.
  (C) Any rule under subparagraph (A), and any substantive 
amendment or repeal of such a rule, shall be promulgated 
pursuant to the procedures specified in section 553 of title 5, 
United States Code.
  (c) Extension of Review Period.--The Administrator may for 
good cause extend for additional periods (not to exceed in the 
aggregate 90 days) the period, prescribed by subsection (a) or 
(b). Subject to section 14, such an extension and the reasons 
therefor shall be published in the Federal Register and shall 
constitute a final agency action subject to judicial review.
  (d) Content of Notice; Publications in the Federal 
Register.--(1) The notice required by subsection (a) shall 
include--
          (A) insofar as known to the person submitting the 
        notice or insofar as reasonably ascertainable, the 
        information described in subparagraphs (A), (B), (C), 
        (D), (F), and (G) of section 8(a)(2), and
          (B) in such form and manner as the Administrator may 
        prescribe, any information in the possession or control 
        of the person giving such notice which are related to 
        the effect of any manufacture, processing, distribution 
        in commerce, use, or disposal of such substance or any 
        article containing such substance, or of any 
        combination of such activities, on health or the 
        environment, and
          (C) a description of any other information concerning 
        the environmental and health effects of such substance, 
        insofar as known to the person making the notice or 
        insofar as reasonably ascertainable.
Such a notice shall be made available, subject to section 14, 
for examination by interested persons.
  (2) Subject to section 14, not later than five days 
(excluding Saturdays, Sundays and legal holidays) after the 
date of the receipt of a notice under subsection (a) or of 
information under subsection (b), the Administrator shall 
publish in the Federal Register a notice which--
          (A) identifies the chemical substance for which 
        notice or information has been received;
          (B) lists the uses of such substance identified in 
        the notice; and
          (C) in the case of the receipt of information under 
        subsection (b), describes the nature of the tests 
        performed on such substance and any information which 
        was developed pursuant to subsection (b) or a rule, 
        order, or consent agreement under section 4.
A notice under this paragraph respecting a chemical substance 
shall identify the chemical substance by generic class unless 
the Administrator determines that more specific identification 
is required in the public interest.
  (3) At the beginning of each month the Administrator shall 
publish a list in the Federal Register of (A) each chemical 
substance for which notice has been received under subsection 
(a) and for which the applicable review period has not expired, 
and (B) each chemical substance for which such period has 
expired since the last publication in the Federal Register of 
such list.
  (e) Regulation Pending Development of Information.--(1)(A) If 
the Administrator determines that--
          (i) the information available to the Administrator is 
        insufficient to permit a reasoned evaluation of the 
        health and environmental effects of a chemical 
        substance with respect to which notice is required by 
        subsection (a); or
          (ii)(I) in the absence of sufficient information to 
        permit the Administrator to make such an evaluation, 
        the manufacture, processing, distribution in commerce, 
        use, or disposal of such substance, or any combination 
        of such activities, may present an unreasonable risk of 
        injury to health or the environment, without 
        consideration of costs or other nonrisk factors, 
        including an unreasonable risk to a potentially exposed 
        subpopulation identified as relevant by the 
        Administrator under the conditions of use; or
          (II) such substance is or will be produced in 
        substantial quantities, and such substance either 
        enters or may reasonably be anticipated to enter the 
        environment in substantial quantities or there is or 
        may be significant or substantial human exposure to the 
        substance,
the Administrator shall issue an order, to take effect on the 
expiration of the applicable review period, to prohibit or 
limit the manufacture, processing, distribution in commerce, 
use, or disposal of such substance or to prohibit or limit any 
combination of such activities to the extent necessary to 
protect against an unreasonable risk of injury to health or the 
environment, without consideration of costs or other nonrisk 
factors, including an unreasonable risk to a potentially 
exposed or susceptible subpopulation identified as relevant by 
the Administrator under the conditions of use, and the 
submitter of the notice may commence manufacture of the 
chemical substance, or manufacture or processing of the 
chemical substance for a significant new use, including while 
any required information is being developed, only in compliance 
with the order.
  (B) An order may not be issued under subparagraph (A) 
respecting a chemical substance (i) later than 45 days before 
the expiration of the applicable review period, and (ii) unless 
the Administrator has, on or before the issuance of the order, 
notified, in writing, each manufacturer or processor, as the 
case may be, of such substance of the determination which 
underlies such order.
  (f) Protection Against Unreasonable Risks.--(1) If the 
Administrator determines that a chemical substance or 
significant new use with respect to which notice is required by 
subsection (a) presents an unreasonable risk of injury to 
health or environment, without consideration of costs or other 
nonrisk factors, including an unreasonable risk to a 
potentially exposed subpopulation identified as relevant by the 
Administrator under the conditions of use, the Administrator 
shall, before the expiration of the applicable review period, 
take the action authorized by paragraph (2) or (3) to the 
extent necessary to protect against such risk.
  (2) The Administrator may issue a proposed rule under section 
6(a) to apply to a chemical substance with respect to which a 
finding was made under paragraph (1)--
          (A) a requirement limiting the amount of such 
        substance which may be manufactured, processed, or 
        distributed in commerce,
          (B) a requirement described in paragraph (2), (3), 
        (4), (5), (6), or (7) of section 6(a), or
          (C) any combination of the requirements referred to 
        in subparagraph (B).
Such a proposed rule shall be effective upon its publication in 
the Federal Register. Section 6(d)(3)(B) shall apply with 
respect to such rule.
  (3)(A) The Administrator may issue an order to prohibit or 
limit the manufacture, processing, or distribution in commerce 
of a substance with respect to which a finding was made under 
paragraph (1). Such order shall take effect on the expiration 
of the applicable review period.
  (B) The provisions of subparagraph (B) of subsection (e)(1) 
shall apply with respect to an order issued under subparagraph 
(A).
          (4) Treatment of nonconforming uses.--Not later than 
        90 days after taking an action under paragraph (2) or 
        (3) or issuing an order under subsection (e) relating 
        to a chemical substance with respect to which the 
        Administrator has made a determination under subsection 
        (a)(3)(A) or (B), the Administrator shall consider 
        whether to promulgate a rule pursuant to subsection 
        (a)(2) that identifies as a significant new use any 
        manufacturing, processing, use, distribution in 
        commerce, or disposal of the chemical substance that 
        does not conform to the restrictions imposed by the 
        action or order, and, as applicable, initiate such a 
        rulemaking or publish a statement describing the 
        reasons of the Administrator for not initiating such a 
        rulemaking.
          (5) Workplace exposures.--To the extent practicable, 
        the Administrator shall consult with the Assistant 
        Secretary of Labor for Occupational Safety and Health 
        prior to adopting any prohibition or other restriction 
        relating to a chemical substance with respect to which 
        the Administrator has made a determination under 
        subsection (a)(3)(A) or (B) to address workplace 
        exposures.
  (g) Statement on Administrator Finding.--If the Administrator 
finds in accordance with subsection (a)(3)(C) that a chemical 
substance or significant new use is not likely to present an 
unreasonable risk of injury to health or the environment, then 
notwithstanding any remaining portion of the applicable review 
period, the submitter of the notice may commence manufacture of 
the chemical substance or manufacture or processing for the 
significant new use, and the Administrator shall make public a 
statement of the Administrator's finding. Such a statement 
shall be submitted for publication in the Federal Register as 
soon as is practicable before the expiration of such period. 
Publication of such statement in accordance with the preceding 
sentence is not a prerequisite to the manufacturing or 
processing of the substance with respect to which the statement 
is to be published.
  (h) Exemptions.--(1) The Administrator may, upon application, 
exempt any person from any requirement of subsection (a) or (b) 
to permit such person to manufacture or process a chemical 
substance for test marketing purposes--
          (A) upon a showing by such person satisfactory to the 
        Administrator that the manufacture, processing, 
        distribution in commerce, use, and disposal of such 
        substance, and that any combination of such activities, 
        for such purposes will not present any unreasonable 
        risk of injury to health or the environment, including 
        an unreasonable risk to a potentially exposed or 
        susceptible subpopulation identified by the 
        Administrator for the specific conditions of use 
        identified in the application, and
          (B) under such restrictions as the Administrator 
        considers appropriate.
  (2)(A) The Administrator may, upon application, exempt any 
person from the requirement of subsection (b)(2) to submit 
information for a chemical substance. If, upon receipt of an 
application under the preceding sentence, the Administrator 
determines that--
          (i) the chemical substance with respect to which such 
        application was submitted is equivalent to a chemical 
        substance for which information has been submitted to 
        the Administrator as required by subsection (b)(2), and
          (ii) submission of information by the applicant on 
        such substance would be duplicative of information 
        which has been submitted to the Administrator in 
        accordance with such subsection,
the Administrator shall exempt the applicant from the 
requirement to submit such information on such substance. No 
exemption which is granted under this subparagraph with respect 
to the submission of information for a chemical substance may 
take effect before the beginning of the reimbursement period 
applicable to such information.
  (B) If the Administrator exempts any person, under 
subparagraph (A), from submitting information required under 
subsection (b)(2) for a chemical substance because of the 
existence of previously submitted information and if such 
exemption is granted during the reimbursement period for such 
information, then (unless such person and the persons referred 
to in clauses (i) and (ii) agree on the amount and method of 
reimbursement) the Administrator shall order the person granted 
the exemption to provide fair and equitable reimbursement (in 
an amount determined under rules of the Administrator)--
          (i) to the person who previously submitted the 
        information on which the exemption was based, for a 
        portion of the costs incurred by such person in 
        complying with the requirement under subsection (b)(2) 
        to submit such information, and
          (ii) to any other person who has been required under 
        this subparagraph to contribute with respect to such 
        costs, for a portion of the amount such person was 
        required to contribute.
In promulgating rules for the determination of fair and 
equitable reimbursement to the persons described in clauses (i) 
and (ii) for costs incurred with respect to a chemical 
substance, the Administrator shall, after consultation with the 
Attorney General and the Federal Trade Commission, consider all 
relevant factors, including the effect on the competitive 
position of the person required to provide reimbursement in 
relation to the persons to be reimbursed and the share of the 
market for such substance of the person required to provide 
reimbursement in relation to the share of such market of the 
persons to be reimbursed. For purposes of judicial review, an 
order under this subparagraph shall be considered final agency 
action.
  (C) For purposes of this paragraph, the reimbursement period 
for any previously submitted information for a chemical 
substance is a period--
          (i) beginning on the date of the termination of the 
        prohibition, imposed under this section, on the 
        manufacture or processing of such substance by the 
        person who submitted such information to the 
        Administrator, and
          (ii) ending--
                  (I) five years after the date referred to in 
                clause (i), or
                  (II) at the expiration of a period which 
                begins on the date referred to in clause (i) 
                and is equal to the period which the 
                Administrator determines was necessary to 
                develop such information,
        whichever is later.
  (3) The requirements of subsections (a) and (b) do not apply 
with respect to the manufacturing or processing of any chemical 
substance which is manufactured or processed, or proposed to be 
manufactured or processed, only in small quantities (as defined 
by the Administrator by rule) solely for purposes of--
          (A) scientific experimentation or analysis, or
          (B) chemical research on, or analysis of such 
        substance or another substance, including such research 
        or analysis for the development of a product,
if all persons engaged in such experimentation, research, or 
analysis for a manufacturer or processor are notified (in such 
form and manner as the Administrator may prescribe) of any risk 
to health which the manufacturer, processor, or the 
Administrator has reason to believe may be associated with such 
chemical substance.
  (4) The Administrator may, upon application and by rule, 
exempt the manufacturer of any new chemical substance from all 
or part of the requirements of this section if the 
Administrator determines that the manufacture, processing, 
distribution in commerce, use, or disposal of such chemical 
substance, or that any combination of such activities, will not 
present an unreasonable risk of injury to health or the 
environment, including an unreasonable risk to a potentially 
exposed or susceptible subpopulation identified by the 
Administrator under the conditions of use.
  (5) The Administrator may, upon application, make the 
requirements of subsections (a) and (b) inapplicable with 
respect to the manufacturing or processing of any chemical 
substance (A) which exists temporarily as a result of a 
chemical reaction in the manufacturing or processing of a 
mixture or another chemical substance, and (B) to which there 
is no, and will not be, human or environmental exposure.
  (6) Immediately upon receipt of an application under 
paragraph (1) or (5) the Administrator shall publish in the 
Federal Register notice of the receipt of such application. The 
Administrator shall give interested persons an opportunity to 
comment upon any such application and shall, within 45 days of 
its receipt, either approve or deny the application. The 
Administrator shall publish in the Federal Register notice of 
the approval or denial of such an application.
  (7) This subsection does not apply to any chemical substance 
that is a perfluoroalkyl or polyfluoroalkyl substance.
  (i) Definitions.--(1) For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacturing or 
processing for commercial purposes.
  (2) For purposes of this Act, the term ``requirement'' as 
used in this section shall not displace any statutory or common 
law.
  (3) For purposes of this section, the term ``applicable 
review period'' means the period starting on the date the 
Administrator receives a notice under subsection (a)(1) and 
ending 90 days after that date, or on such date as is provided 
for in subsection (b)(1) or (c).
  (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. 8. REPORTING AND RETENTION OF INFORMATION.

  (a) Reports.--(1) The Administrator shall promulgate rules 
under which--
          (A) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process a chemical substance (other than 
        a chemical substance described in subparagraph (B)(ii) 
        shall maintain such records, and shall submit to the 
        Administrator such reports, as the Administrator may 
        reasonably require, and
          (B) each person (other than a small manufacturer or 
        processor) who manufactures or processes or proposes to 
        manufacture or process--
                  (i) a mixture, or
                  (ii) a chemical substance in small quantities 
                (as defined by the Administrator by rule) 
                solely for purposes of scientific 
                experimentation or analysis or chemical 
                research on, or analysis of, such substance or 
                another substance, including any such research 
                or analysis for the development of a product,
        shall maintain records and submit to the Administrator 
        reports but only to the extent the Administrator 
        determines the maintenance of records or submission of 
        reports, or both, is necessary for the effective 
        enforcement of this Act.
The Administrator may not require in a rule promulgated under 
this paragraph the maintenance of records or the submission of 
reports with respect to changes in the proportions of the 
components of a mixture unless the Administrator finds that the 
maintenance of such records or the submission of such reports, 
or both, is necessary for the effective enforcement of this 
Act. For purposes of the compilation of the list of chemical 
substances required under subsection (b), the Administrator 
shall promulgate rules pursuant to this subsection not later 
than 180 days after the effective date of this Act.
  (2) The Administrator may require under paragraph (1) 
maintenance of records and reporting with respect to the 
following insofar as known to the person making the report or 
insofar as reasonably ascertainable:
          (A) The common or trade name, the chemical identity, 
        and molecular structure of each chemical substance or 
        mixture for which such a report is required.
          (B) The categories or proposed categories of use of 
        each such substance or mixture.
          (C) The total amount of each substance and mixture 
        manufactured or processed, reasonable estimates of the 
        total amount to be manufactured or processed, the 
        amount manufactured or processed for each of its 
        categories of use, and reasonable estimates of the 
        amount to be manufactured or processed for each of its 
        categories of use or proposed categories of use.
          (D) A description of the byproducts resulting from 
        the manufacture, processing, use, or disposal of each 
        such substance or mixture.
          (E) All existing information concerning the 
        environmental and health effects of such substance or 
        mixture.
          (F) The number of individuals exposed, and reasonable 
        estimates of the number who will be exposed, to such 
        substance or mixture in their places of employment and 
        the duration of such exposure.
          (G) In the initial report under paragraph (1) on such 
        substance or mixture, the manner or method of its 
        disposal, and in any subsequent report on such 
        substance or mixture, any change in such manner or 
        method.
  (3)(A)(i) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance to submit to 
the Administrator such information respecting the chemical 
substance as the Administrator may require for publication of 
the first list of chemical substances required by subsection 
(b).
  (ii) The Administrator may by rule require a small 
manufacturer or processor of a chemical substance or mixture--
          (I) subject to a rule proposed or promulgated under 
        section 4, 5(b)(4), or 6,, an order in effect under 
        section 4 or 5(e), or a consent agreement under section 
        4, or
          (II) with respect to which relief has been granted 
        pursuant to a civil action brought under section 5 or 
        7,
to maintain such records on such substance or mixture, and to 
submit to the Administrator such reports on such substance or 
mixture, as the Administrator may reasonably require. A rule 
under this clause requiring reporting may require reporting 
with respect to the matters referred to in paragraph (2).
  (B) The Administrator, after consultation with the 
Administrator of the Small Business Administration, shall by 
rule prescribe standards for determining the manufacturers and 
processors which qualify as small manufacturers and processors 
for purposes of this paragraph and paragraph (1).
  (C) Not later than 180 days after the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act, and not less frequently than once every 10 years 
thereafter, the Administrator, after consultation with the 
Administrator of the Small Business Administration, shall--
          (i) review the adequacy of the standards prescribed 
        under subparagraph (B); and
          (ii) after providing public notice and an opportunity 
        for comment, make a determination as to whether 
        revision of the standards is warranted.
          (4) Contents.--The rules promulgated pursuant to 
        paragraph (1)--
                  (A) may impose differing reporting and 
                recordkeeping requirements on manufacturers and 
                processors; and
                  (B) shall include the level of detail 
                necessary to be reported, including the manner 
                by which use and exposure information may be 
                reported.
          (5) Administration.--In carrying out this section, 
        the Administrator shall, to the extent feasible--
                  (A) not require reporting which is 
                unnecessary or duplicative;
                  (B) minimize the cost of compliance with this 
                section and the rules issued thereunder on 
                small manufacturers and processors; and
                  (C) apply any reporting obligations to those 
                persons likely to have information relevant to 
                the effective implementation of this title.
          (6) Negotiated rulemaking.--(A) The Administrator 
        shall enter into a negotiated rulemaking pursuant to 
        subchapter III of chapter 5 of title 5, United States 
        Code, to develop and publish, not later than 3 years 
        after the date of enactment of the Frank R. Lautenberg 
        Chemical Safety for the 21st Century Act, a proposed 
        rule providing for limiting the reporting requirements, 
        under this subsection, for manufacturers of any 
        inorganic byproducts, when such byproducts, whether by 
        the byproduct manufacturer or by any other person, are 
        subsequently recycled, reused, or reprocessed.
          (B) Not later than 3 and one-half years after such 
        date of enactment, the Administrator shall publish a 
        final rule resulting from such negotiated rulemaking.
          (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).
  (b) Inventory.--(1) The Administrator shall compile, keep 
current, and publish a list of each chemical substance which is 
manufactured or processed in the United States. Such list shall 
at least include each chemical substance which any person 
reports, under section 5 or subsection (a) of this section, is 
manufactured or processed in the United States. Such list may 
not include any chemical substance which was not manufactured 
or processed in the United States within three years before the 
effective date of the rules promulgated pursuant to the last 
sentence of subsection (a)(1). In the case of a chemical 
substance for which a notice is submitted in accordance with 
section 5, such chemical substance shall be included in such 
list as of the earliest date (as determined by the 
Administrator) on which such substance was manufactured or 
processed in the United States. The Administrator shall first 
publish such a list not later than 315 days after the effective 
date of this Act. The Administrator shall not include in such 
list any chemical substance which is manufactured or processed 
only in small quantities (as defined by the Administrator by 
rule) solely for purposes of scientific experimentation or 
analysis or chemical research on, or analysis of, such 
substance or another substance, including such research or 
analysis for the development of a product.
  (2) To the extent consistent with the purposes of this Act, 
the Administrator may, in lieu of listing, pursuant to 
paragraph (1), a chemical substance individually, list a 
category of chemical substances in which such substance is 
included.
          (3) Nomenclature.--
                  (A) In general.--In carrying out paragraph 
                (1), the Administrator shall--
                          (i) maintain the use of Class 2 
                        nomenclature in use on the date of 
                        enactment of the Frank R. Lautenberg 
                        Chemical Safety for the 21st Century 
                        Act;
                          (ii) maintain the use of the Soap and 
                        Detergent Association Nomenclature 
                        System, published in March 1978 by the 
                        Administrator in section 1 of addendum 
                        III of the document entitled 
                        ``Candidate List of Chemical 
                        Substances'', and further described in 
                        the appendix A of volume I of the 1985 
                        edition of the Toxic Substances Control 
                        Act Substances Inventory (EPA Document 
                        No. EPA-560/7-85-002a); and
                          (iii) treat the individual members of 
                        the categories of chemical substances 
                        identified by the Administrator as 
                        statutory mixtures, as defined in 
                        Inventory descriptions established by 
                        the Administrator, as being included on 
                        the list established under paragraph 
                        (1).
                  (B) Multiple nomenclature listings.--If a 
                manufacturer or processor demonstrates to the 
                Administrator that a chemical substance appears 
                multiple times on the list published under 
                paragraph (1) under different CAS numbers, the 
                Administrator may recognize the multiple 
                listings as a single chemical substance.
          (4) Chemical substances in commerce.--
                  (A) Rules.--
                          (i) In general.--Not later than 1 
                        year after the date of enactment of the 
                        Frank R. Lautenberg Chemical Safety for 
                        the 21st Century Act, the 
                        Administrator, by rule, shall require 
                        manufacturers, and may require 
                        processors, subject to the limitations 
                        under subsection (a)(5)(A), to notify 
                        the Administrator, by not later than 
                        180 days after the date on which the 
                        final rule is published in the Federal 
                        Register, of each chemical substance on 
                        the list published under paragraph (1) 
                        that the manufacturer or processor, as 
                        applicable, has manufactured or 
                        processed for a nonexempt commercial 
                        purpose during the 10-year period 
                        ending on the day before the date of 
                        enactment of the Frank R. Lautenberg 
                        Chemical Safety for the 21st Century 
                        Act.
                          (ii) Active substances.--The 
                        Administrator shall designate chemical 
                        substances for which notices are 
                        received under clause (i) to be active 
                        substances on the list published under 
                        paragraph (1).
                          (iii) Inactive substances.--The 
                        Administrator shall designate chemical 
                        substances for which no notices are 
                        received under clause (i) to be 
                        inactive substances on the list 
                        published under paragraph (1).
                          (iv) Limitation.--No chemical 
                        substance on the list published under 
                        paragraph (1) shall be removed from 
                        such list by reason of the 
                        implementation of this subparagraph, or 
                        be subject to section 5(a)(1)(A)(i) by 
                        reason of a change to active status 
                        under paragraph (5)(B).
                  (B) Confidential chemical substances.--In 
                promulgating a rule under subparagraph (A), the 
                Administrator shall--
                          (i) maintain the list under paragraph 
                        (1), which shall include a confidential 
                        portion and a nonconfidential portion 
                        consistent with this section and 
                        section 14;
                          (ii) require any manufacturer or 
                        processor of a chemical substance on 
                        the confidential portion of the list 
                        published under paragraph (1) that 
                        seeks to maintain an existing claim for 
                        protection against disclosure of the 
                        specific chemical identity of the 
                        chemical substance as confidential 
                        pursuant to section 14 to submit a 
                        notice under subparagraph (A) that 
                        includes such request;
                          (iii) require the substantiation of 
                        those claims pursuant to section 14 and 
                        in accordance with the review plan 
                        described in subparagraph (C); and
                          (iv) move any active chemical 
                        substance for which no request was 
                        received to maintain an existing claim 
                        for protection against disclosure of 
                        the specific chemical identity of the 
                        chemical substance as confidential from 
                        the confidential portion of the list 
                        published under paragraph (1) to the 
                        nonconfidential portion of that list.
                  (C) Review plan.--Not later than 1 year after 
                the date on which the Administrator compiles 
                the initial list of active substances pursuant 
                to subparagraph (A), the Administrator shall 
                promulgate a rule that establishes a plan to 
                review all claims to protect the specific 
                chemical identities of chemical substances on 
                the confidential portion of the list published 
                under paragraph (1) that are asserted pursuant 
                to subparagraph (B).
                  (D) Requirements of review plan.--In 
                establishing the review plan under subparagraph 
                (C), the Administrator shall--
                          (i) require, at a time specified by 
                        the Administrator, all manufacturers or 
                        processors asserting claims under 
                        subparagraph (B) to substantiate the 
                        claim, in accordance with section 14, 
                        unless the manufacturer or processor 
                        has substantiated the claim in a 
                        submission made to the Administrator 
                        during the 5-year period ending on the 
                        last day of the of the time period 
                        specified by the Administrator; and
                          (ii) in accordance with section 14--
                                  (I) review each 
                                substantiation--
                                          (aa) submitted 
                                        pursuant to clause (i) 
                                        to determine if the 
                                        claim qualifies for 
                                        protection from 
                                        disclosure; and
                                          (bb) submitted 
                                        previously by a 
                                        manufacturer or 
                                        processor and relied on 
                                        in lieu of the 
                                        substantiation required 
                                        pursuant to clause (i), 
                                        if the substantiation 
                                        has not been previously 
                                        reviewed by the 
                                        Administrator, to 
                                        determine if the claim 
                                        warrants protection 
                                        from disclosure;
                                  (II) approve, approve in part 
                                and deny in part, or deny each 
                                claim; and
                                  (III) except as provided in 
                                this section and section 14, 
                                protect from disclosure 
                                information for which the 
                                Administrator approves such a 
                                claim for a period of 10 years, 
                                unless, prior to the expiration 
                                of the period--
                                          (aa) the person 
                                        notifies the 
                                        Administrator that the 
                                        person is withdrawing 
                                        the claim, in which 
                                        case the Administrator 
                                        shall not protect the 
                                        information from 
                                        disclosure; or
                                          (bb) the 
                                        Administrator otherwise 
                                        becomes aware that the 
                                        information does not 
                                        qualify for protection 
                                        from disclosure, in 
                                        which case the 
                                        Administrator shall 
                                        take the actions 
                                        described in section 
                                        14(g)(2).
                  (E) Timeline for completion of reviews.--
                          (i) In general.--The Administrator 
                        shall implement the review plan so as 
                        to complete reviews of all claims 
                        specified in subparagraph (C) not later 
                        than 5 years after the date on which 
                        the Administrator compiles the initial 
                        list of active substances pursuant to 
                        subparagraph (A).
                          (ii) Considerations.--
                                  (I) In general.--The 
                                Administrator may extend the 
                                deadline for completion of the 
                                reviews for not more than 2 
                                additional years, after an 
                                adequate public justification, 
                                if the Administrator determines 
                                that the extension is necessary 
                                based on the number of claims 
                                needing review and the 
                                available resources.
                                  (II) Annual review goal and 
                                results.--At the beginning of 
                                each year, the Administrator 
                                shall publish an annual goal 
                                for reviews and the number of 
                                reviews completed in the prior 
                                year.
          (5) Active and inactive substances.--
                  (A) In general.--The Administrator shall keep 
                designations of active substances and inactive 
                substances on the list published under 
                paragraph (1) current.
                  (B) Change to active status.--
                          (i) In general.--Any person that 
                        intends to manufacture or process for a 
                        nonexempt commercial purpose a chemical 
                        substance that is designated as an 
                        inactive substance shall notify the 
                        Administrator before the date on which 
                        the inactive substance is manufactured 
                        or processed.
                          (ii) Confidential chemical 
                        identity.--If a person submitting a 
                        notice under clause (i) for an inactive 
                        substance on the confidential portion 
                        of the list published under paragraph 
                        (1) seeks to maintain an existing claim 
                        for protection against disclosure of 
                        the specific chemical identity of the 
                        inactive substance as confidential, the 
                        person shall, consistent with the 
                        requirements of section 14--
                                  (I) in the notice submitted 
                                under clause (i), assert the 
                                claim; and
                                  (II) by not later than 30 
                                days after providing the notice 
                                under clause (i), substantiate 
                                the claim.
                          (iii) Active status.--On receiving a 
                        notification under clause (i), the 
                        Administrator shall--
                                  (I) designate the applicable 
                                chemical substance as an active 
                                substance;
                                  (II) pursuant to section 14, 
                                promptly review any claim and 
                                associated substantiation 
                                submitted pursuant to clause 
                                (ii) for protection against 
                                disclosure of the specific 
                                chemical identity of the 
                                chemical substance and approve, 
                                approve in part and deny in 
                                part, or deny the claim;
                                  (III) except as provided in 
                                this section and section 14, 
                                protect from disclosure the 
                                specific chemical identity of 
                                the chemical substance for 
                                which the Administrator 
                                approves a claim under 
                                subclause (II) for a period of 
                                10 years, unless, prior to the 
                                expiration of the period--
                                          (aa) the person 
                                        notifies the 
                                        Administrator that the 
                                        person is withdrawing 
                                        the claim, in which 
                                        case the Administrator 
                                        shall not protect the 
                                        information from 
                                        disclosure; or
                                          (bb) the 
                                        Administrator otherwise 
                                        becomes aware that the 
                                        information does not 
                                        qualify for protection 
                                        from disclosure, in 
                                        which case the 
                                        Administrator shall 
                                        take the actions 
                                        described in section 
                                        14(g)(2); and
                                  (IV) pursuant to section 
                                6(b), review the priority of 
                                the chemical substance as the 
                                Administrator determines to be 
                                necessary.
                  (C) Category status.--The list of inactive 
                substances shall not be considered to be a 
                category for purposes of section 26(c).
          (6) Interim list of active substances.--Prior to the 
        promulgation of the rule required under paragraph 
        (4)(A), the Administrator shall designate the chemical 
        substances reported under part 711 of title 40, Code of 
        Federal Regulations (as in effect on the date of 
        enactment of the Frank R. Lautenberg Chemical Safety 
        for the 21st Century Act), during the reporting period 
        that most closely preceded the date of enactment of the 
        Frank R. Lautenberg Chemical Safety for the 21st 
        Century Act, as the interim list of active substances 
        for the purposes of section 6(b).
          (7) Public information.--Subject to this subsection 
        and section 14, the Administrator shall make available 
        to the public--
                  (A) each specific chemical identity on the 
                nonconfidential portion of the list published 
                under paragraph (1) along with the 
                Administrator's designation of the chemical 
                substance as an active or inactive substance;
                  (B) the unique identifier assigned under 
                section 14, accession number, generic name, 
                and, if applicable, premanufacture notice case 
                number for each chemical substance on the 
                confidential portion of the list published 
                under paragraph (1) for which a claim of 
                confidentiality was received; and
                  (C) the specific chemical identity of any 
                active substance for which--
                          (i) a claim for protection against 
                        disclosure of the specific chemical 
                        identity of the active substance was 
                        not asserted, as required under this 
                        subsection or section 14;
                          (ii) all claims for protection 
                        against disclosure of the specific 
                        chemical identity of the active 
                        substance have been denied by the 
                        Administrator; or
                          (iii) the time period for protection 
                        against disclosure of the specific 
                        chemical identity of the active 
                        substance has expired.
          (8) Limitation.--No person may assert a new claim 
        under this subsection or section 14 for protection from 
        disclosure of a specific chemical identity of any 
        active or inactive substance for which a notice is 
        received under paragraph (4)(A)(i) or (5)(B)(i) that is 
        not on the confidential portion of the list published 
        under paragraph (1).
          (9) Certification.--Under the rules promulgated under 
        this subsection, manufacturers and processors, as 
        applicable, shall be required--
                  (A) to certify that each notice or 
                substantiation the manufacturer or processor 
                submits complies with the requirements of the 
                rule, and that any confidentiality claims are 
                true and correct; and
                  (B) to retain a record documenting compliance 
                with the rule and supporting confidentiality 
                claims for a period of 5 years beginning on the 
                last day of the submission period.
          (10) Mercury.--
                  (A) Definition of mercury.--In this 
                paragraph, notwithstanding section 3(2)(B), the 
                term ``mercury'' means--
                          (i) elemental mercury; and
                          (ii) a mercury compound.
                  (B) Publication.--Not later than April 1, 
                2017, and every 3 years thereafter, the 
                Administrator shall carry out and publish in 
                the Federal Register an inventory of mercury 
                supply, use, and trade in the United States.
                  (C) Process.--In carrying out the inventory 
                under subparagraph (B), the Administrator 
                shall--
                          (i) identify any manufacturing 
                        processes or products that 
                        intentionally add mercury; and
                          (ii) recommend actions, including 
                        proposed revisions of Federal law or 
                        regulations, to achieve further 
                        reductions in mercury use.
                  (D) Reporting.--
                          (i) In general.--To assist in the 
                        preparation of the inventory under 
                        subparagraph (B), any person who 
                        manufactures mercury or mercury-added 
                        products or otherwise intentionally 
                        uses mercury in a manufacturing process 
                        shall make periodic reports to the 
                        Administrator, at such time and 
                        including such information as the 
                        Administrator shall determine by rule 
                        promulgated not later than 2 years 
                        after the date of enactment of this 
                        paragraph.
                          (ii) Coordination.--To avoid 
                        duplication, the Administrator shall 
                        coordinate the reporting under this 
                        subparagraph with the Interstate 
                        Mercury Education and Reduction 
                        Clearinghouse.
                          (iii) Exemption.--Clause (i) shall 
                        not apply to a person engaged in the 
                        generation, handling, or management of 
                        mercury-containing waste, unless that 
                        person manufactures or recovers mercury 
                        in the management of that waste.
  (c) Records.--Any person who manufactures, processes, or 
distributes in commerce any chemical substance or mixture shall 
maintain records of significant adverse reactions to health or 
the environment, as determined by the Administrator by rule, 
alleged to have been caused by the substance or mixture. 
Records of such adverse reactions to the health of employees 
shall be retained for a period of 30 years from the date such 
reactions were first reported to or known by the person 
maintaining such records. Any other record of such adverse 
reactions shall be retained for a period of five years from the 
date the information contained in the record was first reported 
to or known by the person maintaining the record. Records 
required to be maintained under this subsection shall include 
records of consumer allegations of personal injury or harm to 
health, reports of occupational disease or injury, and reports 
or complaints of injury to the environment submitted to the 
manufacturer, processor, or distributor in commerce from any 
source. Upon request of any duly designated representative of 
the Administrator, each person who is required to maintain 
records under this subsection shall permit the inspection of 
such records and shall submit copies of such records.
  (d) Health and Safety Studies.--The Administrator shall 
promulgate rules under which the Administrator shall require 
any person who manufactures, processes, or distributes in 
commerce or who proposes to manufacture, process, or distribute 
in commerce any chemical substance or mixture (or with respect 
to paragraph (2), any person who has possession of a study) to 
submit to the Administrator--
          (1) lists of health and safety studies (A) conducted 
        or initiated by or for such person with respect to such 
        substance or mixture at any time, (B) known to such 
        person, or (C) reasonably ascertainable by such person, 
        except that the Administrator may exclude certain types 
        or categories of studies from the requirements of this 
        subsection if the Administrator finds that submission 
        of lists of such studies are unnecessary to carry out 
        the purposes of this Act; and
          (2) copies of any study contained on a list submitted 
        pursuant to paragraph (1) or otherwise known by such 
        person.
  (e) Notice to Administrator of Substantial Risks.--Any person 
who manufactures, processes, or distributes in commerce a 
chemical substance or mixture and who obtains information which 
reasonably supports the conclusion that such substance or 
mixture presents a substantial risk of injury to health or the 
environment shall immediately inform the Administrator of such 
information unless such person has actual knowledge that the 
Administrator has been adequately informed of such information.
  (f) Definitions.--For purposes of this section, the terms 
``manufacture'' and ``process'' mean manufacture or process for 
commercial purposes.

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                              ----------                              


                        SAFE DRINKING WATER ACT

TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

           *       *       *       *       *       *       *


Part B--Public Water Systems

           *       *       *       *       *       *       *


                  national drinking water regulations

  Sec. 1412. (a)(1) Effective on the enactment of the Safe 
Drinking Water Act Amendments of 1986, each national interim or 
revised primary drinking water regulation promulgated under 
this section before such enactment shall be deemed to be a 
national primary drinking water regulation under subsection 
(b). No such regulation shall be required to comply with the 
standards set forth in subsection (b)(4) unless such regulation 
is amended to establish a different maximum contaminant level 
after the enactment of such amendments.
  (2) After the enactment of the Safe Drinking Water Act 
Amendments of 1986 each recommended maximum contaminant level 
published before the enactment of such amendments shall be 
treated as a maximum contaminant level goal.
  (3) Whenever a national primary drinking water regulation is 
proposed under subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be proposed 
simultaneously. Whenever a national primary drinking water 
regulation is promulgated under subsection (b) for any 
contaminant, the maximum contaminant level goal for such 
contaminant shall be published simultaneously.
  (4) Paragraph (3) shall not apply to any recommended maximum 
contaminant level published before the enactment of the Safe 
Drinking Water Act Amendments of 1986.
  (b) Standards.--
          (1) Identification of contaminants for listing.--
                  (A) General authority.--The Administrator 
                shall, in accordance with the procedures 
                established by this subsection, publish a 
                maximum contaminant level goal and promulgate a 
                national primary drinking water regulation for 
                a contaminant (other than a contaminant 
                referred to in paragraph (2) for which a 
                national primary drinking water regulation has 
                been promulgated as of the date of enactment of 
                the Safe Drinking Water Act Amendments of 1996) 
                if the Administrator determines that--
                          (i) the contaminant may have an 
                        adverse effect on the health of 
                        persons;
                          (ii) the contaminant is known to 
                        occur or there is a substantial 
                        likelihood that the contaminant will 
                        occur in public water systems with a 
                        frequency and at levels of public 
                        health concern; and
                          (iii) in the sole judgment of the 
                        Administrator, regulation of such 
                        contaminant presents a meaningful 
                        opportunity for health risk reduction 
                        for persons served by public water 
                        systems.
                  (B) Regulation of unregulated contaminants.--
                          (i) Listing of contaminants for 
                        consideration.--(I) Not later than 18 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996 and every 5 years thereafter, 
                        the Administrator, after consultation 
                        with the scientific community, 
                        including the Science Advisory Board, 
                        after notice and opportunity for public 
                        comment, and after considering the 
                        occurrence data base established under 
                        section 1445(g), shall publish a list 
                        of contaminants which, at the time of 
                        publication, are not subject to any 
                        proposed or promulgated national 
                        primary drinking water regulation, 
                        which are known or anticipated to occur 
                        in public water systems, and which may 
                        require regulation under this title.
                          (II) The unregulated contaminants 
                        considered under subclause (I) shall 
                        include, but not be limited to, 
                        substances referred to in section 
                        101(14) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980, and 
                        substances registered as pesticides 
                        under the Federal Insecticide, 
                        Fungicide, and Rodenticide Act.
                          (III) The Administrator's decision 
                        whether or not to select an unregulated 
                        contaminant for a list under this 
                        clause shall not be subject to judicial 
                        review.
                          (ii) Determination to regulate.--(I) 
                        Not later than 5 years after the date 
                        of enactment of the Safe Drinking Water 
                        Act Amendments of 1996, and every 5 
                        years thereafter, the Administrator 
                        shall, after notice of the preliminary 
                        determination and opportunity for 
                        public comment, for not fewer than 5 
                        contaminants included on the list 
                        published under clause (i), make 
                        determinations of whether or not to 
                        regulate such contaminants.
                          (II) A determination to regulate a 
                        contaminant shall be based on findings 
                        that the criteria of clauses (i), (ii), 
                        and (iii) of subparagraph (A) are 
                        satisfied. Such findings shall be based 
                        on the best available public health 
                        information, including the occurrence 
                        data base established under section 
                        1445(g).
                          (III) The Administrator may make a 
                        determination to regulate a contaminant 
                        that does not appear on a list under 
                        clause (i) if the determination to 
                        regulate is made pursuant to subclause 
                        (II).
                          (IV) A determination under this 
                        clause not to regulate a contaminant 
                        shall be considered final agency action 
                        and subject to judicial review.
                          (iii) Review.--Each document setting 
                        forth the determination for a 
                        contaminant under clause (ii) shall be 
                        available for public comment at such 
                        time as the determination is published.
                  (C) Priorities.--In selecting unregulated 
                contaminants for consideration under 
                subparagraph (B), the Administrator shall 
                select contaminants that present the greatest 
                public health concern. The Administrator, in 
                making such selection, shall take into 
                consideration, among other factors of public 
                health concern, the effect of such contaminants 
                upon subgroups that comprise a meaningful 
                portion of the general population (such as 
                infants, children, pregnant women, the elderly, 
                individuals with a history of serious illness, 
                or other subpopulations) that are identifiable 
                as being at greater risk of adverse health 
                effects due to exposure to contaminants in 
                drinking water than the general population.
                  (D) Urgent threats to public health.--The 
                Administrator may promulgate an interim 
                national primary drinking water regulation for 
                a contaminant without making a determination 
                for the contaminant under paragraph (4)(C), or 
                completing the analysis under paragraph (3)(C), 
                to address an urgent threat to public health as 
                determined by the Administrator after 
                consultation with and written response to any 
                comments provided by the Secretary of Health 
                and Human Services, acting through the director 
                of the Centers for Disease Control and 
                Prevention or the director of the National 
                Institutes of Health. A determination for any 
                contaminant in accordance with paragraph (4)(C) 
                subject to an interim regulation under this 
                subparagraph shall be issued, and a completed 
                analysis meeting the requirements of paragraph 
                (3)(C) shall be published, not later than 3 
                years after the date on which the regulation is 
                promulgated and the regulation shall be 
                repromulgated, or revised if appropriate, not 
                later than 5 years after that date.
                  (E) Regulation.--For each contaminant that 
                the Administrator determines to regulate under 
                subparagraph (B), the Administrator shall 
                publish maximum contaminant level goals and 
                promulgate, by rule, national primary drinking 
                water regulations under this subsection. The 
                Administrator shall propose the maximum 
                contaminant level goal and national primary 
                drinking water regulation for a contaminant not 
                later than 24 months after the determination to 
                regulate under subparagraph (B), and may 
                publish such proposed regulation concurrent 
                with the determination to regulate. The 
                Administrator shall publish a maximum 
                contaminant level goal and promulgate a 
                national primary drinking water regulation 
                within 18 months after the proposal thereof. 
                The Administrator, by notice in the Federal 
                Register, may extend the deadline for such 
                promulgation for up to 9 months.
                  (F) Health advisories and other actions.--The 
                Administrator may publish health advisories 
                (which are not regulations) or take other 
                appropriate actions for contaminants not 
                subject to any national primary drinking water 
                regulation.
          (2) Schedules and deadlines.--
                  (A) In general.--In the case of the 
                contaminants listed in the Advance Notice of 
                Proposed Rulemaking published in volume 47, 
                Federal Register, page 9352, and in volume 48, 
                Federal Register, page 45502, the Administrator 
                shall publish maximum contaminant level goals 
                and promulgate national primary drinking water 
                regulations--
                          (i) not later than 1 year after June 
                        19, 1986, for not fewer than 9 of the 
                        listed contaminants;
                          (ii) not later than 2 years after 
                        June 19, 1986, for not fewer than 40 of 
                        the listed contaminants; and
                          (iii) not later than 3 years after 
                        June 19, 1986, for the remainder of the 
                        listed contaminants.
                  (B) Substitution of contaminants.--If the 
                Administrator identifies a drinking water 
                contaminant the regulation of which, in the 
                judgment of the Administrator, is more likely 
                to be protective of public health (taking into 
                account the schedule for regulation under 
                subparagraph (A)) than a contaminant referred 
                to in subparagraph (A), the Administrator may 
                publish a maximum contaminant level goal and 
                promulgate a national primary drinking water 
                regulation for the identified contaminant in 
                lieu of regulating the contaminant referred to 
                in subparagraph (A). Substitutions may be made 
                for not more than 7 contaminants referred to in 
                subparagraph (A). Regulation of a contaminant 
                identified under this subparagraph shall be in 
                accordance with the schedule applicable to the 
                contaminant for which the substitution is made.
                  (C) Disinfectants and disinfection 
                byproducts.--The Administrator shall promulgate 
                an Interim Enhanced Surface Water Treatment 
                Rule, a Final Enhanced Surface Water Treatment 
                Rule, a Stage I Disinfectants and Disinfection 
                Byproducts Rule, and a Stage II Disinfectants 
                and Disinfection Byproducts Rule in accordance 
                with the schedule published in volume 59, 
                Federal Register, page 6361 (February 10, 
                1994), in table III.13 of the proposed 
                Information Collection Rule. If a delay occurs 
                with respect to the promulgation of any rule in 
                the schedule referred to in this subparagraph, 
                all subsequent rules shall be completed as 
                expeditiously as practicable but no later than 
                a revised date that reflects the interval or 
                intervals for the rules in the schedule.
          (3) Risk assessment, management, and communication.--
                  (A) Use of science in decisionmaking.--In 
                carrying out this section, and, to the degree 
                that an Agency action is based on science, the 
                Administrator shall use--
                          (i) the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices; and
                          (ii) data collected by accepted 
                        methods or best available methods (if 
                        the reliability of the method and the 
                        nature of the decision justifies use of 
                        the data).
                  (B) Public information.--In carrying out this 
                section, the Administrator shall ensure that 
                the presentation of information on public 
                health effects is comprehensive, informative, 
                and understandable. The Administrator shall, in 
                a document made available to the public in 
                support of a regulation promulgated under this 
                section, specify, to the extent practicable--
                          (i) each population addressed by any 
                        estimate of public health effects;
                          (ii) the expected risk or central 
                        estimate of risk for the specific 
                        populations;
                          (iii) each appropriate upper-bound or 
                        lower-bound estimate of risk;
                          (iv) each significant uncertainty 
                        identified in the process of the 
                        assessment of public health effects and 
                        studies that would assist in resolving 
                        the uncertainty; and
                          (v) peer-reviewed studies known to 
                        the Administrator that support, are 
                        directly relevant to, or fail to 
                        support any estimate of public health 
                        effects and the methodology used to 
                        reconcile inconsistencies in the 
                        scientific data.
                  (C) Health risk reduction and cost 
                analysis.--
                          (i) Maximum contaminant levels.--When 
                        proposing any national primary drinking 
                        water regulation that includes a 
                        maximum contaminant level, the 
                        Administrator shall, with respect to a 
                        maximum contaminant level that is being 
                        considered in accordance with paragraph 
                        (4) and each alternative maximum 
                        contaminant level that is being 
                        considered pursuant to paragraph (5) or 
                        (6)(A), publish, seek public comment 
                        on, and use for the purposes of 
                        paragraphs (4), (5), and (6) an 
                        analysis of each of the following:
                                  (I) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur as the result of 
                                treatment to comply with each 
                                level.
                                  (II) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur from reductions in co-
                                occurring contaminants that may 
                                be attributed solely to 
                                compliance with the maximum 
                                contaminant level, excluding 
                                benefits resulting from 
                                compliance with other proposed 
                                or promulgated regulations.
                                  (III) Quantifiable and 
                                nonquantifiable costs for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such costs are likely to 
                                occur solely as a result of 
                                compliance with the maximum 
                                contaminant level, including 
                                monitoring, treatment, and 
                                other costs and excluding costs 
                                resulting from compliance with 
                                other proposed or promulgated 
                                regulations.
                                  (IV) The incremental costs 
                                and benefits associated with 
                                each alternative maximum 
                                contaminant level considered.
                                  (V) The effects of the 
                                contaminant on the general 
                                population and on groups within 
                                the general population such as 
                                infants, children, pregnant 
                                women, the elderly, individuals 
                                with a history of serious 
                                illness, or other 
                                subpopulations that are 
                                identified as likely to be at 
                                greater risk of adverse health 
                                effects due to exposure to 
                                contaminants in drinking water 
                                than the general population.
                                  (VI) Any increased health 
                                risk that may occur as the 
                                result of compliance, including 
                                risks associated with co-
                                occurring contaminants.
                                  (VII) Other relevant factors, 
                                including the quality and 
                                extent of the information, the 
                                uncertainties in the analysis 
                                supporting subclauses (I) 
                                through (VI), and factors with 
                                respect to the degree and 
                                nature of the risk.
                          (ii) Treatment techniques.--When 
                        proposing a national primary drinking 
                        water regulation that includes a 
                        treatment technique in accordance with 
                        paragraph (7)(A), the Administrator 
                        shall publish and seek public comment 
                        on an analysis of the health risk 
                        reduction benefits and costs likely to 
                        be experienced as the result of 
                        compliance with the treatment technique 
                        and alternative treatment techniques 
                        that are being considered, taking into 
                        account, as appropriate, the factors 
                        described in clause (i).
                          (iii) Approaches to measure and value 
                        benefits.--The Administrator may 
                        identify valid approaches for the 
                        measurement and valuation of benefits 
                        under this subparagraph, including 
                        approaches to identify consumer 
                        willingness to pay for reductions in 
                        health risks from drinking water 
                        contaminants.
                          (iv) Authorization.--There are 
                        authorized to be appropriated to the 
                        Administrator, acting through the 
                        Office of Ground Water and Drinking 
                        Water, to conduct studies, assessments, 
                        and analyses in support of regulations 
                        or the development of methods, 
                        $35,000,000 for each of fiscal years 
                        1996 through 2003.
          (4) Goals and standards.--
                  (A) Maximum contaminant level goals.--Each 
                maximum contaminant level goal established 
                under this subsection shall be set at the level 
                at which no known or anticipated adverse 
                effects on the health of persons occur and 
                which allows an adequate margin of safety.
                  (B) Maximum contaminant levels.--Except as 
                provided in paragraphs (5) and (6), each 
                national primary drinking water regulation for 
                a contaminant for which a maximum contaminant 
                level goal is established under this subsection 
                shall specify a maximum contaminant level for 
                such contaminant which is as close to the 
                maximum contaminant level goal as is feasible.
                  (C) Determination.--At the time the 
                Administrator proposes a national primary 
                drinking water regulation under this paragraph, 
                the Administrator shall publish a determination 
                as to whether the benefits of the maximum 
                contaminant level justify, or do not justify, 
                the costs based on the analysis conducted under 
                paragraph (3)(C).
                  (D) Definition of feasible.--For the purposes 
                of this subsection, the term ``feasible'' means 
                feasible with the use of the best technology, 
                treatment techniques and other means which the 
                Administrator finds, after examination for 
                efficacy under field conditions and not solely 
                under laboratory conditions, are available 
                (taking cost into consideration). For the 
                purpose of this paragraph, granular activated 
                carbon is feasible for the control of synthetic 
                organic chemicals, and any technology, 
                treatment technique, or other means found to be 
                the best available for the control of synthetic 
                organic chemicals must be at least as effective 
                in controlling synthetic organic chemicals as 
                granular activated carbon.
                  (E) Feasible technologies.--
                          (i) In general.--Each national 
                        primary drinking water regulation which 
                        establishes a maximum contaminant level 
                        shall list the technology, treatment 
                        techniques, and other means which the 
                        Administrator finds to be feasible for 
                        purposes of meeting such maximum 
                        contaminant level, but a regulation 
                        under this subsection shall not require 
                        that any specified technology, 
                        treatment technique, or other means be 
                        used for purposes of meeting such 
                        maximum contaminant level.
                          (ii) List of technologies for small 
                        systems.--The Administrator shall 
                        include in the list any technology, 
                        treatment technique, or other means 
                        that is affordable, as determined by 
                        the Administrator in consultation with 
                        the States, for small public water 
                        systems serving--
                                  (I) a population of 10,000 or 
                                fewer but more than 3,300;
                                  (II) a population of 3,300 or 
                                fewer but more than 500; and
                                  (III) a population of 500 or 
                                fewer but more than 25;
                        and that achieves compliance with the 
                        maximum contaminant level or treatment 
                        technique, including packaged or 
                        modular systems and point-of-entry or 
                        point-of-use treatment units. Point-of-
                        entry and point-of-use treatment units 
                        shall be owned, controlled and 
                        maintained by the public water system 
                        or by a person under contract with the 
                        public water system to ensure proper 
                        operation and maintenance and 
                        compliance with the maximum contaminant 
                        level or treatment technique and 
                        equipped with mechanical warnings to 
                        ensure that customers are automatically 
                        notified of operational problems. The 
                        Administrator shall not include in the 
                        list any point-of-use treatment 
                        technology, treatment technique, or 
                        other means to achieve compliance with 
                        a maximum contaminant level or 
                        treatment technique requirement for a 
                        microbial contaminant (or an indicator 
                        of a microbial contaminant). If the 
                        American National Standards Institute 
                        has issued product standards applicable 
                        to a specific type of point-of-entry or 
                        point-of-use treatment unit, individual 
                        units of that type shall not be 
                        accepted for compliance with a maximum 
                        contaminant level or treatment 
                        technique requirement unless they are 
                        independently certified in accordance 
                        with such standards. In listing any 
                        technology, treatment technique, or 
                        other means pursuant to this clause, 
                        the Administrator shall consider the 
                        quality of the source water to be 
                        treated.
                          (iii) List of technologies that 
                        achieve compliance.--Except as provided 
                        in clause (v), not later than 2 years 
                        after the date of enactment of this 
                        clause and after consultation with the 
                        States, the Administrator shall issue a 
                        list of technologies that achieve 
                        compliance with the maximum contaminant 
                        level or treatment technique for each 
                        category of public water systems 
                        described in subclauses (I), (II), and 
                        (III) of clause (ii) for each national 
                        primary drinking water regulation 
                        promulgated prior to the date of 
                        enactment of this paragraph.
                          (iv) Additional technologies.--The 
                        Administrator may, at any time after a 
                        national primary drinking water 
                        regulation has been promulgated, 
                        supplement the list of technologies 
                        describing additional or new or 
                        innovative treatment technologies that 
                        meet the requirements of this paragraph 
                        for categories of small public water 
                        systems described in subclauses (I), 
                        (II), and (III) of clause (ii) that are 
                        subject to the regulation.
                          (v) Technologies that meet surface 
                        water treatment rule.--Within one year 
                        after the date of enactment of this 
                        clause, the Administrator shall list 
                        technologies that meet the Surface 
                        Water Treatment Rule for each category 
                        of public water systems described in 
                        subclauses (I), (II), and (III) of 
                        clause (ii).
          (5) Additional health risk considerations.--
                  (A) In general.--Notwithstanding paragraph 
                (4), the Administrator may establish a maximum 
                contaminant level for a contaminant at a level 
                other than the feasible level, if the 
                technology, treatment techniques, and other 
                means used to determine the feasible level 
                would result in an increase in the health risk 
                from drinking water by--
                          (i) increasing the concentration of 
                        other contaminants in drinking water; 
                        or
                          (ii) interfering with the efficacy of 
                        drinking water treatment techniques or 
                        processes that are used to comply with 
                        other national primary drinking water 
                        regulations.
                  (B) Establishment of level.--If the 
                Administrator establishes a maximum contaminant 
                level or levels or requires the use of 
                treatment techniques for any contaminant or 
                contaminants pursuant to the authority of this 
                paragraph--
                          (i) the level or levels or treatment 
                        techniques shall minimize the overall 
                        risk of adverse health effects by 
                        balancing the risk from the contaminant 
                        and the risk from other contaminants 
                        the concentrations of which may be 
                        affected by the use of a treatment 
                        technique or process that would be 
                        employed to attain the maximum 
                        contaminant level or levels; and
                          (ii) the combination of technology, 
                        treatment techniques, or other means 
                        required to meet the level or levels 
                        shall not be more stringent than is 
                        feasible (as defined in paragraph 
                        (4)(D)).
          (6) Additional health risk reduction and cost 
        considerations.--
                  (A) In general.--Notwithstanding paragraph 
                (4), if the Administrator determines based on 
                an analysis conducted under paragraph (3)(C) 
                that the benefits of a maximum contaminant 
                level promulgated in accordance with paragraph 
                (4) would not justify the costs of complying 
                with the level, the Administrator may, after 
                notice and opportunity for public comment, 
                promulgate a maximum contaminant level for the 
                contaminant that maximizes health risk 
                reduction benefits at a cost that is justified 
                by the benefits.
                  (B) Exception.--The Administrator shall not 
                use the authority of this paragraph to 
                promulgate a maximum contaminant level for a 
                contaminant, if the benefits of compliance with 
                a national primary drinking water regulation 
                for the contaminant that would be promulgated 
                in accordance with paragraph (4) experienced 
                by--
                          (i) persons served by large public 
                        water systems; and
                          (ii) persons served by such other 
                        systems as are unlikely, based on 
                        information provided by the States, to 
                        receive a variance under section 
                        1415(e) (relating to small system 
                        variances);
                would justify the costs to the systems of 
                complying with the regulation. This 
                subparagraph shall not apply if the contaminant 
                is found almost exclusively in small systems 
                eligible under section 1415(e) for a small 
                system variance.
                  (C) Disinfectants and disinfection 
                byproducts.--The Administrator may not use the 
                authority of this paragraph to establish a 
                maximum contaminant level in a Stage I or Stage 
                II national primary drinking water regulation 
                (as described in paragraph (2)(C)) for 
                contaminants that are disinfectants or 
                disinfection byproducts, or to establish a 
                maximum contaminant level or treatment 
                technique requirement for the control of 
                cryptosporidium. The authority of this 
                paragraph may be used to establish regulations 
                for the use of disinfection by systems relying 
                on ground water sources as required by 
                paragraph (8).
                  (D) Judicial review.--A determination by the 
                Administrator that the benefits of a maximum 
                contaminant level or treatment requirement 
                justify or do not justify the costs of 
                complying with the level shall be reviewed by 
                the court pursuant to section 1448 only as part 
                of a review of a final national primary 
                drinking water regulation that has been 
                promulgated based on the determination and 
                shall not be set aside by the court under that 
                section unless the court finds that the 
                determination is arbitrary and capricious.
  (7)(A) The Administrator is authorized to promulgate a 
national primary drinking water regulation that requires the 
use of a treatment technique in lieu of establishing a maximum 
contaminant level, if the Administrator makes a finding that it 
is not economically or technologically feasible to ascertain 
the level of the contaminant. In such case, the Administrator 
shall identify those treatment techniques which, in the 
Administrator's judgment, would prevent known or anticipated 
adverse effects on the health of persons to the extent 
feasible. Such regulations shall specify each treatment 
technique known to the Administrator which meets the 
requirements of this paragraph, but the Administrator may grant 
a variance from any specified treatment technique in accordance 
with section 1415(a)(3).
  (B) Any schedule referred to in this subsection for the 
promulgation of a national primary drinking water regulation 
for any contaminant shall apply in the same manner if the 
regulation requires a treatment technique in lieu of 
establishing a maximum contaminant level.
  (C)(i) Not later than 18 months after the enactment of the 
Safe Drinking Water Act Amendments of 1986, the Administrator 
shall propose and promulgate national primary drinking water 
regulations specifying criteria under which filtration 
(including coagulation and sedimentation, as appropriate) is 
required as a treatment technique for public water systems 
supplied by surface water sources. In promulgating such rules, 
the Administrator shall consider the quality of source waters, 
protection afforded by watershed management, treatment 
practices (such as disinfection and length of water storage) 
and other factors relevant to protection of health.
  (ii) In lieu of the provisions of section 1415 the 
Administrator shall specify procedures by which the State 
determines which public water systems within its jurisdiction 
shall adopt filtration under the criteria of clause (i). The 
State may require the public water system to provide studies or 
other information to assist in this determination. The 
procedures shall provide notice and opportunity for public 
hearing on this determination. If the State determines that 
filtration is required, the State shall prescribe a schedule 
for compliance by the public water system with the filtration 
requirement. A schedule shall require compliance within 18 
months of a determination made under clause (iii).
  (iii) Within 18 months from the time that the Administrator 
establishes the criteria and procedures under this 
subparagraph, a State with primary enforcement responsibility 
shall adopt any necessary regulations to implement this 
subparagraph. Within 12 months of adoption of such regulations 
the State shall make determinations regarding filtration for 
all the public water systems within its jurisdiction supplied 
by surface waters.
  (iv) If a State does not have primary enforcement 
responsibility for public water systems, the Administrator 
shall have the same authority to make the determination in 
clause (ii) in such State as the State would have under that 
clause. Any filtration requirement or schedule under this 
subparagraph shall be treated as if it were a requirement of a 
national primary drinking water regulation.
  (v) As an additional alternative to the regulations 
promulgated pursuant to clauses (i) and (iii), including the 
criteria for avoiding filtration contained in 40 CFR 141.71, a 
State exercising primary enforcement responsibility for public 
water systems may, on a case-by-case basis, and after notice 
and opportunity for public comment, establish treatment 
requirements as an alternative to filtration in the case of 
systems having uninhabited, undeveloped watersheds in 
consolidated ownership, and having control over access to, and 
activities in, those watersheds, if the State determines (and 
the Administrator concurs) that the quality of the source water 
and the alternative treatment requirements established by the 
State ensure greater removal or inactivation efficiencies of 
pathogenic organisms for which national primary drinking water 
regulations have been promulgated or that are of public health 
concern than would be achieved by the combination of filtration 
and chlorine disinfection (in compliance with this section).
          (8) Disinfection.--At any time after the end of the 
        3-year period that begins on the date of enactment of 
        the Safe Drinking Water Act Amendments of 1996, but not 
        later than the date on which the Administrator 
        promulgates a Stage II rulemaking for disinfectants and 
        disinfection byproducts (as described in paragraph 
        (2)(C)), the Administrator shall also promulgate 
        national primary drinking water regulations requiring 
        disinfection as a treatment technique for all public 
        water systems, including surface water systems and, as 
        necessary, ground water systems. After consultation 
        with the States, the Administrator shall (as part of 
        the regulations) promulgate criteria that the 
        Administrator, or a State that has primary enforcement 
        responsibility under section 1413, shall apply to 
        determine whether disinfection shall be required as a 
        treatment technique for any public water system served 
        by ground water. The Administrator shall simultaneously 
        promulgate a rule specifying criteria that will be used 
        by the Administrator (or delegated State authorities) 
        to grant variances from this requirement according to 
        the provisions of sections 1415(a)(1)(B) and 
        1415(a)(3). In implementing section 1442(e) the 
        Administrator or the delegated State authority shall, 
        where appropriate, give special consideration to 
        providing technical assistance to small public water 
        systems in complying with the regulations promulgated 
        under this paragraph.
          (9) Review and revision.--The Administrator shall, 
        not less often than every 6 years, review and revise, 
        as appropriate, each national primary drinking water 
        regulation promulgated under this title. Any revision 
        of a national primary drinking water regulation shall 
        be promulgated in accordance with this section, except 
        that each revision shall maintain, or provide for 
        greater, protection of the health of persons.
          (10) Effective date.--A national primary drinking 
        water regulation promulgated under this section (and 
        any amendment thereto) shall take effect on the date 
        that is 3 years after the date on which the regulation 
        is promulgated unless the Administrator determines that 
        an earlier date is practicable, except that the 
        Administrator, or a State (in the case of an individual 
        system), may allow up to 2 additional years to comply 
        with a maximum contaminant level or treatment technique 
        if the Administrator or State (in the case of an 
        individual system) determines that additional time is 
        necessary for capital improvements.
          (11) No national primary drinking water regulation 
        may require the addition of any substance for 
        preventive health care purposes unrelated to 
        contamination of drinking water.
          (12) Certain contaminants.--
                  (A) Arsenic.--
                          (i) Schedule and standard.--
                        Notwithstanding the deadlines set forth 
                        in paragraph (1), the Administrator 
                        shall promulgate a national primary 
                        drinking water regulation for arsenic 
                        pursuant to this subsection, in 
                        accordance with the schedule 
                        established by this paragraph.
                          (ii) Study plan.--Not later than 180 
                        days after the date of enactment of 
                        this paragraph, the Administrator shall 
                        develop a comprehensive plan for study 
                        in support of drinking water rulemaking 
                        to reduce the uncertainty in assessing 
                        health risks associated with exposure 
                        to low levels of arsenic. In conducting 
                        such study, the Administrator shall 
                        consult with the National Academy of 
                        Sciences, other Federal agencies, and 
                        interested public and private entities.
                          (iii) Cooperative agreements.--In 
                        carrying out the study plan, the 
                        Administrator may enter into 
                        cooperative agreements with other 
                        Federal agencies, State and local 
                        governments, and other interested 
                        public and private entities.
                          (iv) Proposed regulations.--The 
                        Administrator shall propose a national 
                        primary drinking water regulation for 
                        arsenic not later than January 1, 2000.
                          (v) Final regulations.--Not later 
                        than January 1, 2001, after notice and 
                        opportunity for public comment, the 
                        Administrator shall promulgate a 
                        national primary drinking water 
                        regulation for arsenic.
                          (vi) Authorization.--There are 
                        authorized to be appropriated 
                        $2,500,000 for each of fiscal years 
                        1997 through 2000 for the studies 
                        required by this paragraph.
                  (B) Sulfate.--
                          (i) Additional study.--Prior to 
                        promulgating a national primary 
                        drinking water regulation for sulfate, 
                        the Administrator and the Director of 
                        the Centers for Disease Control and 
                        Prevention shall jointly conduct an 
                        additional study to establish a 
                        reliable dose-response relationship for 
                        the adverse human health effects that 
                        may result from exposure to sulfate in 
                        drinking water, including the health 
                        effects that may be experienced by 
                        groups within the general population 
                        (including infants and travelers) that 
                        are potentially at greater risk of 
                        adverse health effects as the result of 
                        such exposure. The study shall be 
                        conducted in consultation with 
                        interested States, shall be based on 
                        the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices, and 
                        shall be completed not later than 30 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996.
                  (ii) Determination.--The Administrator shall 
                include sulfate among the 5 or more 
                contaminants for which a determination is made 
                pursuant to paragraph (3)(B) not later than 5 
                years after the date of enactment of the Safe 
                Drinking Water Act Amendments of 1996.
                  (iii) Proposed and final rule.--
                Notwithstanding the deadlines set forth in 
                paragraph (2), the Administrator may, pursuant 
                to the authorities of this subsection and after 
                notice and opportunity for public comment, 
                promulgate a final national primary drinking 
                water regulation for sulfate. Any such 
                regulation shall include requirements for 
                public notification and options for the 
                provision of alternative water supplies to 
                populations at risk as a means of complying 
                with the regulation in lieu of a best available 
                treatment technology or other means.
          (13) Radon in drinking water.--
                  (A) National primary drinking water 
                regulation.--Notwithstanding paragraph (2), the 
                Administrator shall withdraw any national 
                primary drinking water regulation for radon 
                proposed prior to the date of enactment of this 
                paragraph and shall propose and promulgate a 
                regulation for radon under this section, as 
                amended by the Safe Drinking Water Act 
                Amendments of 1996.
                  (B) Risk assessment and studies.--
                          (i) Assessment by nas.--Prior to 
                        proposing a national primary drinking 
                        water regulation for radon, the 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        a risk assessment for radon in drinking 
                        water using the best available science 
                        in accordance with the requirements of 
                        paragraph (3). The risk assessment 
                        shall consider each of the risks 
                        associated with exposure to radon from 
                        drinking water and consider studies on 
                        the health effects of radon at levels 
                        and under conditions likely to be 
                        experienced through residential 
                        exposure. The risk assessment shall be 
                        peer-reviewed.
                          (ii) Study of other measures.--The 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        an assessment of the health risk 
                        reduction benefits associated with 
                        various mitigation measures to reduce 
                        radon levels in indoor air. The 
                        assessment may be conducted as part of 
                        the risk assessment authorized by 
                        clause (i) and shall be used by the 
                        Administrator to prepare the guidance 
                        and approve State programs under 
                        subparagraph (G).
                          (iii) Other organization.--If the 
                        National Academy of Sciences declines 
                        to prepare the risk assessment or 
                        studies required by this subparagraph, 
                        the Administrator shall enter into a 
                        contract or cooperative agreement with 
                        another independent, scientific 
                        organization to prepare such 
                        assessments or studies.
                  (C) Health risk reduction and cost 
                analysis.--Not later than 30 months after the 
                date of enactment of this paragraph, the 
                Administrator shall publish, and seek public 
                comment on, a health risk reduction and cost 
                analysis meeting the requirements of paragraph 
                (3)(C) for potential maximum contaminant levels 
                that are being considered for radon in drinking 
                water. The Administrator shall include a 
                response to all significant public comments 
                received on the analysis with the preamble for 
                the proposed rule published under subparagraph 
                (D).
                  (D) Proposed regulation.--Not later than 36 
                months after the date of enactment of this 
                paragraph, the Administrator shall propose a 
                maximum contaminant level goal and a national 
                primary drinking water regulation for radon 
                pursuant to this section.
                  (E) Final regulation.--Not later than 12 
                months after the date of the proposal under 
                subparagraph (D), the Administrator shall 
                publish a maximum contaminant level goal and 
                promulgate a national primary drinking water 
                regulation for radon pursuant to this section 
                based on the risk assessment prepared pursuant 
                to subparagraph (B) and the health risk 
                reduction and cost analysis published pursuant 
                to subparagraph (C). In considering the risk 
                assessment and the health risk reduction and 
                cost analysis in connection with the 
                promulgation of such a standard, the 
                Administrator shall take into account the costs 
                and benefits of control programs for radon from 
                other sources.
                  (F) Alternative maximum contaminant level.--
                If the maximum contaminant level for radon in 
                drinking water promulgated pursuant to 
                subparagraph (E) is more stringent than 
                necessary to reduce the contribution to radon 
                in indoor air from drinking water to a 
                concentration that is equivalent to the 
                national average concentration of radon in 
                outdoor air, the Administrator shall, 
                simultaneously with the promulgation of such 
                level, promulgate an alternative maximum 
                contaminant level for radon that would result 
                in a contribution of radon from drinking water 
                to radon levels in indoor air equivalent to the 
                national average concentration of radon in 
                outdoor air. If the Administrator promulgates 
                an alternative maximum contaminant level under 
                this subparagraph, the Administrator shall, 
                after notice and opportunity for public comment 
                and in consultation with the States, publish 
                guidelines for State programs, including 
                criteria for multimedia measures to mitigate 
                radon levels in indoor air, to be used by the 
                States in preparing programs under subparagraph 
                (G). The guidelines shall take into account 
                data from existing radon mitigation programs 
                and the assessment of mitigation measures 
                prepared under subparagraph (B).
                  (G) Multimedia radon mitigation programs.--
                          (i) In general.--A State may develop 
                        and submit a multimedia program to 
                        mitigate radon levels in indoor air for 
                        approval by the Administrator under 
                        this subparagraph. If, after notice and 
                        the opportunity for public comment, 
                        such program is approved by the 
                        Administrator, public water systems in 
                        the State may comply with the 
                        alternative maximum contaminant level 
                        promulgated under subparagraph (F) in 
                        lieu of the maximum contaminant level 
                        in the national primary drinking water 
                        regulation promulgated under 
                        subparagraph (E).
                          (ii) Elements of programs.--State 
                        programs may rely on a variety of 
                        mitigation measures including public 
                        education, testing, training, technical 
                        assistance, remediation grant and loan 
                        or incentive programs, or other 
                        regulatory or nonregulatory measures. 
                        The effectiveness of elements in State 
                        programs shall be evaluated by the 
                        Administrator based on the assessment 
                        prepared by the National Academy of 
                        Sciences under subparagraph (B) and the 
                        guidelines published by the 
                        Administrator under subparagraph (F).
                          (iii) Approval.--The Administrator 
                        shall approve a State program submitted 
                        under this paragraph if the health risk 
                        reduction benefits expected to be 
                        achieved by the program are equal to or 
                        greater than the health risk reduction 
                        benefits that would be achieved if each 
                        public water system in the State 
                        complied with the maximum contaminant 
                        level promulgated under subparagraph 
                        (E). The Administrator shall approve or 
                        disapprove a program submitted under 
                        this paragraph within 180 days of 
                        receipt. A program that is not 
                        disapproved during such period shall be 
                        deemed approved. A program that is 
                        disapproved may be modified to address 
                        the objections of the Administrator and 
                        be resubmitted for approval.
                          (iv) Review.--The Administrator shall 
                        periodically, but not less often than 
                        every 5 years, review each multimedia 
                        mitigation program approved under this 
                        subparagraph to determine whether it 
                        continues to meet the requirements of 
                        clause (iii) and shall, after written 
                        notice to the State and an opportunity 
                        for the State to correct any deficiency 
                        in the program, withdraw approval of 
                        programs that no longer comply with 
                        such requirements.
                          (v) Extension.--If, within 90 days 
                        after the promulgation of an 
                        alternative maximum contaminant level 
                        under subparagraph (F), the Governor of 
                        a State submits a letter to the 
                        Administrator committing to develop a 
                        multimedia mitigation program under 
                        this subparagraph, the effective date 
                        of the national primary drinking water 
                        regulation for radon in the State that 
                        would be applicable under paragraph 
                        (10) shall be extended for a period of 
                        18 months.
                          (vi) Local programs.--In the event 
                        that a State chooses not to submit a 
                        multimedia mitigation program for 
                        approval under this subparagraph or has 
                        submitted a program that has been 
                        disapproved, any public water system in 
                        the State may submit a program for 
                        approval by the Administrator according 
                        to the same criteria, conditions, and 
                        approval process that would apply to a 
                        State program. The Administrator shall 
                        approve a multimedia mitigation program 
                        if the health risk reduction benefits 
                        expected to be achieved by the program 
                        are equal to or greater than the health 
                        risk reduction benefits that would 
                        result from compliance by the public 
                        water system with the maximum 
                        contaminant level for radon promulgated 
                        under subparagraph (E).
          (14) Recycling of filter backwash.--The Administrator 
        shall promulgate a regulation to govern the recycling 
        of filter backwash water within the treatment process 
        of a public water system. The Administrator shall 
        promulgate such regulation not later than 4 years after 
        the date of enactment of the Safe Drinking Water Act 
        Amendments of 1996 unless such recycling has been 
        addressed by the Administrator's Enhanced Surface Water 
        Treatment Rule prior to such date.
          (15) Variance technologies.--
                  (A) In general.--At the same time as the 
                Administrator promulgates a national primary 
                drinking water regulation for a contaminant 
                pursuant to this section, the Administrator 
                shall issue guidance or regulations describing 
                the best treatment technologies, treatment 
                techniques, or other means (referred to in this 
                paragraph as ``variance technology'') for the 
                contaminant that the Administrator finds, after 
                examination for efficacy under field conditions 
                and not solely under laboratory conditions, are 
                available and affordable, as determined by the 
                Administrator in consultation with the States, 
                for public water systems of varying size, 
                considering the quality of the source water to 
                be treated. The Administrator shall identify 
                such variance technologies for public water 
                systems serving--
                          (i) a population of 10,000 or fewer 
                        but more than 3,300;
                          (ii) a population of 3,300 or fewer 
                        but more than 500; and
                          (iii) a population of 500 or fewer 
                        but more than 25,
                if, considering the quality of the source water 
                to be treated, no treatment technology is 
                listed for public water systems of that size 
                under paragraph (4)(E). Variance technologies 
                identified by the Administrator pursuant to 
                this paragraph may not achieve compliance with 
                the maximum contaminant level or treatment 
                technique requirement of such regulation, but 
                shall achieve the maximum reduction or 
                inactivation efficiency that is affordable 
                considering the size of the system and the 
                quality of the source water. The guidance or 
                regulations shall not require the use of a 
                technology from a specific manufacturer or 
                brand.
                  (B) Limitation.--The Administrator shall not 
                identify any variance technology under this 
                paragraph, unless the Administrator has 
                determined, considering the quality of the 
                source water to be treated and the expected 
                useful life of the technology, that the 
                variance technology is protective of public 
                health.
                  (C) Additional information.--The 
                Administrator shall include in the guidance or 
                regulations identifying variance technologies 
                under this paragraph any assumptions supporting 
                the public health determination referred to in 
                subparagraph (B), where such assumptions 
                concern the public water system to which the 
                technology may be applied, or its source 
                waters. The Administrator shall provide any 
                assumptions used in determining affordability, 
                taking into consideration the number of persons 
                served by such systems. The Administrator shall 
                provide as much reliable information as 
                practicable on performance, effectiveness, 
                limitations, costs, and other relevant factors 
                including the applicability of variance 
                technology to waters from surface and 
                underground sources.
                  (D) Regulations and guidance.--Not later than 
                2 years after the date of enactment of this 
                paragraph and after consultation with the 
                States, the Administrator shall issue guidance 
                or regulations under subparagraph (A) for each 
                national primary drinking water regulation 
                promulgated prior to the date of enactment of 
                this paragraph for which a variance may be 
                granted under section 1415(e). The 
                Administrator may, at any time after a national 
                primary drinking water regulation has been 
                promulgated, issue guidance or regulations 
                describing additional variance technologies. 
                The Administrator shall, not less often than 
                every 7 years, or upon receipt of a petition 
                supported by substantial information, review 
                variance technologies identified under this 
                paragraph. The Administrator shall issue 
                revised guidance or regulations if new or 
                innovative variance technologies become 
                available that meet the requirements of this 
                paragraph and achieve an equal or greater 
                reduction or inactivation efficiency than the 
                variance technologies previously identified 
                under this subparagraph. No public water system 
                shall be required to replace a variance 
                technology during the useful life of the 
                technology for the sole reason that a more 
                efficient variance technology has been listed 
                under this subparagraph.
          (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.
  (c) The Administrator shall publish proposed national 
secondary drinking water regulations within 270 days after the 
date of enactment of this title. Within 90 days after 
publication of any such regulation, he shall promulgate such 
regulation with such modifications as he deems appropriate. 
Regulations under this subsection may be amended from time to 
time.
  (d) Regulations under this section shall be prescribed in 
accordance with section 553 of title 5, United States Code 
(relating to rulemaking), except that the Administrator shall 
provide opportunity for public hearing prior to promulgation of 
such regulations. In proposing and promulgating regulations 
under this section, the Administrator shall consult with the 
Secretary and the National Drinking Water Advisory Council.
  (e) The Administrator shall request comments from the Science 
Advisory Board (established under the Environmental Research, 
Development, and Demonstration Act of 1978) prior to proposal 
of a maximum contaminant level goal and national primary 
drinking water regulation. The Board shall respond, as it deems 
appropriate, within the time period applicable for promulgation 
of the national primary drinking water standard concerned. This 
subsection shall, under no circumstances, be used to delay 
final promulgation of any national primary drinking water 
standard.

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Part E--General Provisions

           *       *       *       *       *       *       *


                       STATE REVOLVING LOAN FUNDS

  Sec. 1452. (a) General Authority.--
          (1) Grants to states to establish state loan funds.--
                  (A) In general.--The Administrator shall 
                offer to enter into agreements with eligible 
                States to make capitalization grants, including 
                letters of credit, to the States under this 
                subsection to further the health protection 
                objectives of this title, promote the efficient 
                use of fund resources, and for other purposes 
                as are specified in this title.
                  (B) Establishment of fund.--To be eligible to 
                receive a capitalization grant under this 
                section, a State shall establish a drinking 
                water treatment revolving loan fund (referred 
                to in this section as a ``State loan fund'') 
                and comply with the other requirements of this 
                section. Each grant to a State under this 
                section shall be deposited in the State loan 
                fund established by the State, except as 
                otherwise provided in this section and in other 
                provisions of this title. No funds authorized 
                by other provisions of this title to be used 
                for other purposes specified in this title 
                shall be deposited in any State loan fund.
                  (C) Extended period.--The grant to a State 
                shall be available to the State for obligation 
                during the fiscal year for which the funds are 
                authorized and during the following fiscal 
                year, except that grants made available from 
                funds provided prior to fiscal year 1997 shall 
                be available for obligation during each of the 
                fiscal years 1997 and 1998.
                  (D) Allotment formula.--Except as otherwise 
                provided in this section, funds made available 
                to carry out this section shall be allotted to 
                States that have entered into an agreement 
                pursuant to this section (other than the 
                District of Columbia) in accordance with--
                          (i) for each of fiscal years 1995 
                        through 1997, a formula that is the 
                        same as the formula used to distribute 
                        public water system supervision grant 
                        funds under section 1443 in fiscal year 
                        1995, except that the minimum 
                        proportionate share established in the 
                        formula shall be 1 percent of available 
                        funds and the formula shall be adjusted 
                        to include a minimum proportionate 
                        share for the State of Wyoming and the 
                        District of Columbia; and
                          (ii) for fiscal year 1998 and each 
                        subsequent fiscal year, a formula that 
                        allocates to each State the 
                        proportional share of the State needs 
                        identified in the most recent survey 
                        conducted pursuant to subsection (h), 
                        except that the minimum proportionate 
                        share provided to each State shall be 
                        the same as the minimum proportionate 
                        share provided under clause (i).
                  (E) Reallotment.--The grants not obligated by 
                the last day of the period for which the grants 
                are available shall be reallotted according to 
                the appropriate criteria set forth in 
                subparagraph (D), except that the Administrator 
                may reserve and allocate 10 percent of the 
                remaining amount for financial assistance to 
                Indian Tribes in addition to the amount 
                allotted under subsection (i) and none of the 
                funds reallotted by the Administrator shall be 
                reallotted to any State that has not obligated 
                all sums allotted to the State pursuant to this 
                section during the period in which the sums 
                were available for obligation.
                  (F) Nonprimacy states.--The State allotment 
                for a State not exercising primary enforcement 
                responsibility for public water systems shall 
                not be deposited in any such fund but shall be 
                allotted by the Administrator under this 
                subparagraph. Pursuant to section 1443(a)(9)(A) 
                such sums allotted under this subparagraph 
                shall be reserved as needed by the 
                Administrator to exercise primary enforcement 
                responsibility under this title in such State 
                and the remainder shall be reallotted to States 
                exercising primary enforcement responsibility 
                for public water systems for deposit in such 
                funds. Whenever the Administrator makes a final 
                determination pursuant to section 1413(b) that 
                the requirements of section 1413(a) are no 
                longer being met by a State, additional grants 
                for such State under this title shall be 
                immediately terminated by the Administrator. 
                This subparagraph shall not apply to any State 
                not exercising primary enforcement 
                responsibility for public water systems as of 
                the date of enactment of the Safe Drinking 
                Water Act Amendments of 1996.
                  (G) Other programs.--
                          (i) New system capacity.--Beginning 
                        in fiscal year 1999, the Administrator 
                        shall withhold 20 percent of each 
                        capitalization grant made pursuant to 
                        this section to a State unless the 
                        State has met the requirements of 
                        section 1420(a) (relating to capacity 
                        development) and shall withhold 10 
                        percent for fiscal year 2001, 15 
                        percent for fiscal year 2002, and 20 
                        percent for fiscal year 2003 if the 
                        State has not complied with the 
                        provisions of section 1420(c) (relating 
                        to capacity development strategies). 
                        Not more than a total of 20 percent of 
                        the capitalization grants made to a 
                        State in any fiscal year may be 
                        withheld under the preceding provisions 
                        of this clause. All funds withheld by 
                        the Administrator pursuant to this 
                        clause shall be reallotted by the 
                        Administrator on the basis of the same 
                        ratio as is applicable to funds 
                        allotted under subparagraph (D). None 
                        of the funds reallotted by the 
                        Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1420 (relating 
                        to capacity development).
                          (ii) Operator certification.--The 
                        Administrator shall withhold 20 percent 
                        of each capitalization grant made 
                        pursuant to this section unless the 
                        State has met the requirements of 1419 
                        (relating to operator certification). 
                        All funds withheld by the Administrator 
                        pursuant to this clause shall be 
                        reallotted by the Administrator on the 
                        basis of the same ratio as applicable 
                        to funds allotted under subparagraph 
                        (D). None of the funds reallotted by 
                        the Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1419 (relating 
                        to operator certification).
          (2) Use of funds.--
                  (A) In general.--Except as otherwise 
                authorized by this title, amounts deposited in 
                a State loan fund, including loan repayments 
                and interest earned on such amounts, shall be 
                used only for providing loans or loan 
                guarantees, or as a source of reserve and 
                security for leveraged loans, the proceeds of 
                which are deposited in a State loan fund 
                established under paragraph (1), or other 
                financial assistance authorized under this 
                section to community water systems and 
                nonprofit noncommunity water systems, other 
                than systems owned by Federal agencies.
                  (B) Limitation.--Financial assistance under 
                this section may be used by a public water 
                system only for expenditures (including 
                expenditures for planning, design, siting, and 
                associated preconstruction activities, or for 
                replacing or rehabilitating aging treatment, 
                storage, or distribution facilities of public 
                water systems, but not including monitoring, 
                operation, and maintenance expenditures) of a 
                type or category which the Administrator has 
                determined, through guidance, will facilitate 
                compliance with national primary drinking water 
                regulations applicable to the system under 
                section 1412 or otherwise significantly further 
                the health protection objectives of this title.
                  (C) Sale of bonds.--Funds may also be used by 
                a public water system as a source of revenue 
                (restricted solely to interest earnings of the 
                applicable State loan fund) or security for 
                payment of the principal and interest on 
                revenue or general obligation bonds issued by 
                the State to provide matching funds under 
                subsection (e), if the proceeds of the sale of 
                the bonds will be deposited in the State loan 
                fund.
                  (D) Water treatment loans.--The funds under 
                this section may also be used to provide loans 
                to a system referred to in section 1401(4)(B) 
                for the purpose of providing the treatment 
                described in section 1401(4)(B)(i)(III).
                  (E) Acquisition of real property.--The funds 
                under this section shall not be used for the 
                acquisition of real property or interests 
                therein, unless the acquisition is integral to 
                a project authorized by this paragraph and the 
                purchase is from a willing seller.
                  (F) Loan assistance.--Of the amount credited 
                to any State loan fund established under this 
                section in any fiscal year, 15 percent shall be 
                available solely for providing loan assistance 
                to public water systems which regularly serve 
                fewer than 10,000 persons to the extent such 
                funds can be obligated for eligible projects of 
                public water systems.
                  (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.
          (3) Limitation.--
                  (A) In general.--Except as provided in 
                subparagraph (B), no assistance under this 
                section shall be provided to a public water 
                system that--
                          (i) does not have the technical, 
                        managerial, and financial capability to 
                        ensure compliance with the requirements 
                        of this title; or
                          (ii) is in significant noncompliance 
                        with any requirement of a national 
                        primary drinking water regulation or 
                        variance.
                  (B) Restructuring.--A public water system 
                described in subparagraph (A) may receive 
                assistance under this section if--
                          (i) the use of the assistance will 
                        ensure compliance; and
                          (ii) if subparagraph (A)(i) applies 
                        to the system, the owner or operator of 
                        the system agrees to undertake feasible 
                        and appropriate changes in operations 
                        (including ownership, management, 
                        accounting, rates, maintenance, 
                        consolidation, alternative water 
                        supply, or other procedures) if the 
                        State determines that the measures are 
                        necessary to ensure that the system has 
                        the technical, managerial, and 
                        financial capability to comply with the 
                        requirements of this title over the 
                        long term.
                  (C) Review.--Prior to providing assistance 
                under this section to a public water system 
                that is in significant noncompliance with any 
                requirement of a national primary drinking 
                water regulation or variance, the State shall 
                conduct a review to determine whether 
                subparagraph (A)(i) applies to the system.
          (4) American iron and steel products.--
                  (A) In general.--During fiscal years 2019 
                through 2023, funds made available from a State 
                loan fund established pursuant to this section 
                may not be used for a project for the 
                construction, alteration, or repair of a public 
                water system unless all of the iron and steel 
                products used in the project are produced in 
                the United States.
                  (B) Definition of iron and steel products.--
                In this paragraph, the term ``iron and steel 
                products'' means the following products made 
                primarily of iron or steel:
                          (i) Lined or unlined pipes and 
                        fittings.
                          (ii) Manhole covers and other 
                        municipal castings.
                          (iii) Hydrants.
                          (iv) Tanks.
                          (v) Flanges.
                          (vi) Pipe clamps and restraints.
                          (vii) Valves.
                          (viii) Structural steel.
                          (ix) Reinforced precast concrete.
                          (x) Construction materials.
                  (C) Application.--Subparagraph (A) shall be 
                waived in any case or category of cases in 
                which the Administrator finds that--
                          (i) applying subparagraph (A) would 
                        be inconsistent with the public 
                        interest;
                          (ii) iron and steel products are not 
                        produced in the United States in 
                        sufficient and reasonably available 
                        quantities and of a satisfactory 
                        quality; or
                          (iii) inclusion of iron and steel 
                        products produced in the United States 
                        will increase the cost of the overall 
                        project by more than 25 percent.
                  (D) Waiver.--If the Administrator receives a 
                request for a waiver under this paragraph, the 
                Administrator shall make available to the 
                public, on an informal basis, a copy of the 
                request and information available to the 
                Administrator concerning the request, and shall 
                allow for informal public input on the request 
                for at least 15 days prior to making a finding 
                based on the request. The Administrator shall 
                make the request and accompanying information 
                available by electronic means, including on the 
                official public Internet site of the Agency.
                  (E) International agreements.--This paragraph 
                shall be applied in a manner consistent with 
                United States obligations under international 
                agreements.
                  (F) Management and oversight.--The 
                Administrator may retain up to 0.25 percent of 
                the funds appropriated for this section for 
                management and oversight of the requirements of 
                this paragraph.
                  (G) Effective date.--This paragraph does not 
                apply with respect to a project if a State 
                agency approves the engineering plans and 
                specifications for the project, in that 
                agency's capacity to approve such plans and 
                specifications prior to a project requesting 
                bids, prior to the date of enactment of this 
                paragraph.
          (5) Prevailing wages.--The requirements of section 
        1450(e) shall apply to any construction project carried 
        out in whole or in part with assistance made available 
        by a State loan fund.
  (b) Intended Use Plans.--
          (1) In general.--After providing for public review 
        and comment, each State that has entered into a 
        capitalization agreement pursuant to this section shall 
        annually prepare a plan that identifies the intended 
        uses of the amounts available to the State loan fund of 
        the State.
          (2) Contents.--An intended use plan shall include--
                  (A) a list of the projects to be assisted in 
                the first fiscal year that begins after the 
                date of the plan, including a description of 
                the project, the expected terms of financial 
                assistance, and the size of the community 
                served;
                  (B) the criteria and methods established for 
                the distribution of funds; and
                  (C) a description of the financial status of 
                the State loan fund and the short-term and 
                long-term goals of the State loan fund.
          (3) Use of funds.--
                  (A) In general.--An intended use plan shall 
                provide, to the maximum extent practicable, 
                that priority for the use of funds be given to 
                projects that--
                          (i) address the most serious risk to 
                        human health;
                          (ii) are necessary to ensure 
                        compliance with the requirements of 
                        this title (including requirements for 
                        filtration); and
                          (iii) assist systems most in need on 
                        a per household basis according to 
                        State affordability criteria.
                  (B) List of projects.--Each State shall, 
                after notice and opportunity for public 
                comment, publish and periodically update a list 
                of projects in the State that are eligible for 
                assistance under this section, including the 
                priority assigned to each project and, to the 
                extent known, the expected funding schedule for 
                each project.
  (c) Fund Management.--Each State loan fund under this section 
shall be established, maintained, and credited with repayments 
and interest. The fund corpus shall be available in perpetuity 
for providing financial assistance under this section. To the 
extent amounts in the fund are not required for current 
obligation or expenditure, such amounts shall be invested in 
interest bearing obligations.
  (d) Assistance for Disadvantaged Communities.--
          (1) Loan subsidy.--Notwithstanding any other 
        provision of this section, in any case in which the 
        State makes a loan pursuant to subsection (a)(2) to a 
        disadvantaged community or to a community that the 
        State expects to become a disadvantaged community as 
        the result of a proposed project, the State may provide 
        additional subsidization (including forgiveness of 
        principal).
          (2) Total amount of subsidies.--For each fiscal year, 
        of the amount of the capitalization grant received by 
        the State for the year, the total amount of loan 
        subsidies made by a State pursuant to paragraph (1)--
                  (A) may not exceed 35 percent; and
                  (B) to the extent that there are sufficient 
                applications for loans to communities described 
                in paragraph (1), may not be less than 6 
                percent.
          (3) Definition of disadvantaged community.--In this 
        subsection, the term ``disadvantaged community'' means 
        the service area of a public water system that meets 
        affordability criteria established after public review 
        and comment by the State in which the public water 
        system is located. The Administrator may publish 
        information to assist States in establishing 
        affordability criteria.
  (e) State Contribution.--Each agreement under subsection (a) 
shall require that the State deposit in the State loan fund 
from State moneys an amount equal to at least 20 percent of the 
total amount of the grant to be made to the State on or before 
the date on which the grant payment is made to the State, 
except that a State shall not be required to deposit such 
amount into the fund prior to the date on which each grant 
payment is made for fiscal years 1994, 1995, 1996, and 1997 if 
the State deposits the State contribution amount into the State 
loan fund prior to September 30, 1999.
  (f) Types of Assistance.--Except as otherwise limited by 
State law, the amounts deposited into a State loan fund under 
this section may be used only--
          (1) to make loans, on the condition that--
                  (A) the interest rate for each loan is less 
                than or equal to the market interest rate, 
                including an interest free loan;
                  (B) principal and interest payments on each 
                loan will commence not later than 18 months 
                after completion of the project for which the 
                loan was made;
                  (C) each loan will be fully amortized not 
                later than 30 years after the completion of the 
                project, except that in the case of a 
                disadvantaged community (as defined in 
                subsection (d)(3)) a State may provide an 
                extended term for a loan, if the extended 
                term--
                          (i) terminates not later than the 
                        date that is 40 years after the date of 
                        project completion; and
                          (ii) does not exceed the expected 
                        design life of the project;
                  (D) the recipient of each loan will establish 
                a dedicated source of revenue (or, in the case 
                of a privately owned system, demonstrate that 
                there is adequate security) for the repayment 
                of the loan; and
                  (E) the State loan fund will be credited with 
                all payments of principal and interest on each 
                loan;
          (2) to buy or refinance the debt obligation of a 
        municipality or an intermunicipal or interstate agency 
        within the State at an interest rate that is less than 
        or equal to the market interest rate in any case in 
        which a debt obligation is incurred after July 1, 1993;
          (3) to guarantee, or purchase insurance for, a local 
        obligation (all of the proceeds of which finance a 
        project eligible for assistance under this section) if 
        the guarantee or purchase would improve credit market 
        access or reduce the interest rate applicable to the 
        obligation;
          (4) as a source of revenue or security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the State if the proceeds of 
        the sale of the bonds will be deposited into the State 
        loan fund; and
          (5) to earn interest on the amounts deposited into 
        the State loan fund.
  (g) Administration of State Loan Funds.--
          (1) Combined financial administration.--
        Notwithstanding subsection (c), a State may (as a 
        convenience and to avoid unnecessary administrative 
        costs) combine, in accordance with State law, the 
        financial administration of a State loan fund 
        established under this section with the financial 
        administration of any other revolving fund established 
        by the State if otherwise not prohibited by the law 
        under which the State loan fund was established and if 
        the Administrator determines that--
                  (A) the grants under this section, together 
                with loan repayments and interest, will be 
                separately accounted for and used solely for 
                the purposes specified in subsection (a); and
                  (B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial 
                administration) with respect to assistance 
                remains with the State agency having primary 
                responsibility for administration of the State 
                program under section 1413, after consultation 
                with other appropriate State agencies (as 
                determined by the State): Provided, That in 
                nonprimacy States eligible to receive 
                assistance under this section, the Governor 
                shall determine which State agency will have 
                authority to establish priorities for financial 
                assistance from the State loan fund.
          (2) Cost of administering fund.--
                  (A) Authorization.--
                          (i) In general.--For each fiscal 
                        year, a State may use the amount 
                        described in clause (ii)--
                                  (I) to cover the reasonable 
                                costs of administration of the 
                                programs under this section, 
                                including the recovery of 
                                reasonable costs expended to 
                                establish a State loan fund 
                                that are incurred after the 
                                date of enactment of this 
                                section; and
                                  (II) to provide technical 
                                assistance to public water 
                                systems within the State.
                          (ii) Description of amount.--The 
                        amount referred to in clause (i) is an 
                        amount equal to the sum of--
                                  (I) the amount of any fees 
                                collected by the State for use 
                                in accordance with clause 
                                (i)(I), regardless of the 
                                source; and
                                  (II) the greatest of--
                                          (aa) $400,000;
                                          (bb) \1/5\ percent of 
                                        the current valuation 
                                        of the fund; and
                                          (cc) an amount equal 
                                        to 4 percent of all 
                                        grant awards to the 
                                        fund under this section 
                                        for the fiscal year.
                  (B) Additional use of funds.--For fiscal year 
                1995 and each fiscal year thereafter, each 
                State may use up to an additional 10 percent of 
                the funds allotted to the State under this 
                section--
                          (i) for public water system 
                        supervision programs under section 
                        1443(a);
                          (ii) to administer or provide 
                        technical assistance through source 
                        water protection programs;
                          (iii) to develop and implement a 
                        capacity development strategy under 
                        section 1420(c); and
                          (iv) for an operator certification 
                        program for purposes of meeting the 
                        requirements of section 1419.
                  (C) Technical assistance.--An additional 2 
                percent of the funds annually allotted to each 
                State under this section may be used by the 
                State to provide technical assistance to public 
                water systems serving 10,000 or fewer persons 
                in the State.
                  (D) Enforcement actions.--Funds used under 
                subparagraph (B)(ii) shall not be used for 
                enforcement actions.
          (3) Guidance and regulations.--The Administrator 
        shall publish guidance and promulgate regulations as 
        may be necessary to carry out the provisions of this 
        section, including--
                  (A) provisions to ensure that each State 
                commits and expends funds allotted to the State 
                under this section as efficiently as possible 
                in accordance with this title and applicable 
                State laws;
                  (B) guidance to prevent waste, fraud, and 
                abuse; and
                  (C) guidance to avoid the use of funds made 
                available under this section to finance the 
                expansion of any public water system in 
                anticipation of future population growth.
        The guidance and regulations shall also ensure that the 
        States, and public water systems receiving assistance 
        under this section, use accounting, audit, and fiscal 
        procedures that conform to generally accepted 
        accounting standards.
          (4) State report.--Each State administering a loan 
        fund and assistance program under this subsection shall 
        publish and submit to the Administrator a report every 
        2 years on its activities under this section, including 
        the findings of the most recent audit of the fund and 
        the entire State allotment. The Administrator shall 
        periodically audit all State loan funds established by, 
        and all other amounts allotted to, the States pursuant 
        to this section in accordance with procedures 
        established by the Comptroller General.
  (h) Needs Survey.--(1) The Administrator shall conduct an 
assessment of water system capital improvement needs of all 
eligible public water systems in the United States and submit a 
report to the Congress containing the results of the assessment 
within 180 days after the date of enactment of the Safe 
Drinking Water Act Amendments of 1996 and every 4 years 
thereafter.
  (2) Any assessment conducted under paragraph (1) after the 
date of enactment of America's Water Infrastructure Act of 2018 
shall include an assessment of costs to replace all lead 
service lines (as defined in section 1459B(a)(4)) of all 
eligible public water systems in the United States, and such 
assessment shall describe separately the costs associated with 
replacing the portions of such lead service lines that are 
owned by an eligible public water system and the costs 
associated with replacing any remaining portions of such lead 
service lines, to the extent practicable.
  (i) Indian Tribes.--
          (1) In general.--1\1/2\ percent of the amounts 
        appropriated annually to carry out this section may be 
        used by the Administrator to make grants to Indian 
        Tribes, Alaska Native villages, and, for the purpose of 
        carrying out paragraph (5), intertribal consortia or 
        tribal organizations, that have not otherwise received 
        either grants from the Administrator under this section 
        or assistance from State loan funds established under 
        this section. Except as otherwise provided, the grants 
        may only be used for expenditures by tribes and 
        villages for public water system expenditures referred 
        to in subsection (a)(2).
          (2) Use of funds.--Funds reserved pursuant to 
        paragraph (1) shall be used to address the most 
        significant threats to public health associated with 
        public water systems that serve Indian Tribes, as 
        determined by the Administrator in consultation with 
        the Director of the Indian Health Service and Indian 
        Tribes.
          (3) Alaska native villages.--In the case of a grant 
        for a project under this subsection in an Alaska Native 
        village, the Administrator is also authorized to make 
        grants to the State of Alaska for the benefit of Native 
        villages. An amount not to exceed 4 percent of the 
        grant amount may be used by the State of Alaska for 
        project management.
          (4) Needs assessment.--The Administrator, in 
        consultation with the Director of the Indian Health 
        Service and Indian Tribes, shall, in accordance with a 
        schedule that is consistent with the needs surveys 
        conducted pursuant to subsection (h), prepare surveys 
        and assess the needs of drinking water treatment 
        facilities to serve Indian Tribes, including an 
        evaluation of the public water systems that pose the 
        most significant threats to public health.
          (5) Training and operator certification.--
                  (A) In general.--The Administrator may use 
                funds made available under this subsection and 
                section 1442(e)(7) to make grants to 
                intertribal consortia or tribal organizations 
                for the purpose of providing operations and 
                maintenance training and operator certification 
                services to Indian Tribes to enable public 
                water systems that serve Indian Tribes to 
                achieve and maintain compliance with applicable 
                national primary drinking water regulations.
                  (B) Eligible tribal organizations.--
                Intertribal consortia or tribal organizations 
                eligible for a grant under subparagraph (A) are 
                intertribal consortia or tribal organizations 
                that--
                          (i) as determined by the 
                        Administrator, are the most qualified 
                        and experienced to provide training and 
                        technical assistance to Indian Tribes; 
                        and
                          (ii) the Indian Tribes find to be the 
                        most beneficial and effective.
  (j) Other Areas.--Of the funds annually available under this 
section for grants to States, the Administrator shall make 
allotments in accordance with section 1443(a)(4) for the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
American Samoa, and Guam. The grants allotted as provided in 
this subsection may be provided by the Administrator to the 
governments of such areas, to public water systems in such 
areas, or to both, to be used for the public water system 
expenditures referred to in subsection (a)(2). The grants, and 
grants for the District of Columbia, shall not be deposited in 
State loan funds. The total allotment of grants under this 
section for all areas described in this subsection in any 
fiscal year shall not exceed 0.33 percent of the aggregate 
amount made available to carry out this section in that fiscal 
year.
  (k) Other Authorized Activities.--
          (1) In general.--Notwithstanding subsection (a)(2), a 
        State may take each of the following actions:
                  (A) Provide assistance, only in the form of a 
                loan, to one or more of the following:
                          (i) Any public water system described 
                        in subsection (a)(2) to acquire land or 
                        a conservation easement from a willing 
                        seller or grantor, if the purpose of 
                        the acquisition is to protect the 
                        source water of the system from 
                        contamination and to ensure compliance 
                        with national primary drinking water 
                        regulations.
                          (ii) Any community water system to 
                        implement local, voluntary source water 
                        protection measures to protect source 
                        water in areas delineated pursuant to 
                        section 1453, in order to facilitate 
                        compliance with national primary 
                        drinking water regulations applicable 
                        to the system under section 1412 or 
                        otherwise significantly further the 
                        health protection objectives of this 
                        title. Funds authorized under this 
                        clause may be used to fund only 
                        voluntary, incentive-based mechanisms.
                          (iii) Any community water system to 
                        provide funding in accordance with 
                        section 1454(a)(1)(B)(i).
                  (B) Provide assistance, including technical 
                and financial assistance, to any public water 
                system as part of a capacity development 
                strategy developed and implemented in 
                accordance with section 1420(c).
                  (C) Make expenditures from the capitalization 
                grant of the State to delineate, assess, and 
                update assessments for source water protection 
                areas in accordance with section 1453, except 
                that funds set aside for such expenditure shall 
                be obligated within 4 fiscal years.
                  (D) Make expenditures from the fund for the 
                establishment and implementation of wellhead 
                protection programs under section 1428 and for 
                the implementation of efforts (other than 
                actions authorized under subparagraph (A)) to 
                protect source water in areas delineated 
                pursuant to section 1453.
          (2) Limitation.--For each fiscal year, the total 
        amount of assistance provided and expenditures made by 
        a State under this subsection may not exceed 15 percent 
        of the amount of the capitalization grant received by 
        the State for that year and may not exceed 10 percent 
        of that amount for any one of the following activities:
                  (A) To acquire land or conservation easements 
                pursuant to paragraph (1)(A)(i).
                  (B) To provide funding to implement 
                voluntary, incentive-based source water quality 
                protection measures pursuant to clauses (ii) 
                and (iii) of paragraph (1)(A).
                  (C) To provide assistance through a capacity 
                development strategy pursuant to paragraph 
                (1)(B).
                  (D) To make expenditures to delineate or 
                assess source water protection areas pursuant 
                to paragraph (1)(C).
                  (E) To make expenditures to establish and 
                implement wellhead protection programs, and to 
                implement efforts to protect source water, 
                pursuant to paragraph (1)(D).
          (3) Statutory construction.--Nothing in this section 
        creates or conveys any new authority to a State, 
        political subdivision of a State, or community water 
        system for any new regulatory measure, or limits any 
        authority of a State, political subdivision of a State 
        or community water system.
  (l) Savings.--The failure or inability of any public water 
system to receive funds under this section or any other loan or 
grant program, or any delay in obtaining the funds, shall not 
alter the obligation of the system to comply in a timely manner 
with all applicable drinking water standards and requirements 
of this title.
  (m) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to carry 
        out the purposes of [this section] this section, except 
        for subsections (a)(2)(G) and (t)--
                  (A) $1,174,000,000 for fiscal year 2019;
                  (B) $1,300,000,000 for fiscal year 2020; and
                  (C) $1,950,000,000 for fiscal year 2021.
          (2) To the extent amounts authorized to be 
        appropriated under this subsection in any fiscal year 
        are not appropriated in that fiscal year, such amounts 
        are authorized to be appropriated in a subsequent 
        fiscal year. Such sums shall remain available until 
        expended.
  (n) Health Effects Studies.--From funds appropriated pursuant 
to this section for each fiscal year, the Administrator shall 
reserve $10,000,000 for health effects studies on drinking 
water contaminants authorized by the Safe Drinking Water Act 
Amendments of 1996. In allocating funds made available under 
this subsection, the Administrator shall give priority to 
studies concerning the health effects of cryptosporidium (as 
authorized by section 1458(c)), disinfection byproducts (as 
authorized by section 1458(c)), and arsenic (as authorized by 
section 1412(b)(12)(A)), and the implementation of a plan for 
studies of subpopulations at greater risk of adverse effects 
(as authorized by section 1458(a)).
  (o) Monitoring for Unregulated Contaminants.--From funds 
appropriated pursuant to this section for each fiscal year 
beginning with fiscal year 1998, the Administrator shall 
reserve $2,000,000 to pay the costs of monitoring for 
unregulated contaminants under section 1445(a)(2)(C).
  (p) Demonstration Project for State of Virginia.--
Notwithstanding the other provisions of this section limiting 
the use of funds deposited in a State loan fund from any State 
allotment, the State of Virginia may, as a single demonstration 
and with the approval of the Virginia General Assembly and the 
Administrator, conduct a program to demonstrate alternative 
approaches to intergovernmental coordination to assist in the 
financing of new drinking water facilities in the following 
rural communities in southwestern Virginia where none exists on 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996 and where such communities are experiencing economic 
hardship: Lee County, Wise County, Scott County, Dickenson 
County, Russell County, Buchanan County, Tazewell County, and 
the city of Norton, Virginia. The funds allotted to that State 
and deposited in the State loan fund may be loaned to a 
regional endowment fund for the purpose set forth in this 
subsection under a plan to be approved by the Administrator. 
The plan may include an advisory group that includes 
representatives of such counties.
  (q) Small System Technical Assistance.--The Administrator may 
reserve up to 2 percent of the total funds made available to 
carry out this section for each of fiscal years 2016 through 
2021 to carry out the provisions of section 1442(e) (relating 
to technical assistance for small systems), except that the 
total amount of funds made available for such purpose in any 
fiscal year through appropriations (as authorized by section 
1442(e)) and reservations made pursuant to this subsection 
shall not exceed the amount authorized by section 1442(e).
  (r) Evaluation.--The Administrator shall conduct an 
evaluation of the effectiveness of the State loan funds through 
fiscal year 2001. The evaluation shall be submitted to the 
Congress at the same time as the President submits to the 
Congress, pursuant to section 1108 of title 31, United States 
Code, an appropriations request for fiscal year 2003 relating 
to the budget of the Environmental Protection Agency.
  (s) Best Practices for State Loan Fund Administration.--The 
Administrator shall--
          (1) collect information from States on administration 
        of State loan funds established pursuant to subsection 
        (a)(1), including--
                  (A) efforts to streamline the process for 
                applying for assistance through such State loan 
                funds;
                  (B) programs in place to assist with the 
                completion of applications for assistance 
                through such State loan funds;
                  (C) incentives provided to public water 
                systems that partner with small public water 
                systems to assist with the application process 
                for assistance through such State loan funds;
                  (D) practices to ensure that amounts in such 
                State loan funds are used to provide loans, 
                loan guarantees, or other authorized assistance 
                in a timely fashion;
                  (E) practices that support effective 
                management of such State loan funds;
                  (F) practices and tools to enhance financial 
                management of such State loan funds; and
                  (G) key financial measures for use in 
                evaluating State loan fund operations, 
                including--
                          (i) measures of lending capacity, 
                        such as current assets and current 
                        liabilities or undisbursed loan 
                        assistance liability; and
                          (ii) measures of growth or 
                        sustainability, such as return on net 
                        interest;
          (2) not later than 3 years after the date of 
        enactment of America's Water Infrastructure Act of 
        2018, disseminate to the States best practices for 
        administration of such State loan funds, based on the 
        information collected pursuant to this subsection; and
          (3) periodically update such best practices, as 
        appropriate.
  (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. 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.

           *       *       *       *       *       *       *

                              ----------                              


       EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986



           *       *       *       *       *       *       *
TITLE III--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW

           *       *       *       *       *       *       *


Subtitle B--Reporting Requirements

           *       *       *       *       *       *       *


SEC. 313. TOXIC CHEMICAL RELEASE FORMS.

  (a) Basic Requirement.--The owner or operator of a facility 
subject to the requirements of this section shall complete a 
toxic chemical release form as published under subsection (g) 
for each toxic chemical listed under subsection (c) that was 
manufactured, processed, or otherwise used in quantities 
exceeding the toxic chemical threshold quantity established by 
subsection (f) during the preceding calendar year at such 
facility. Such form shall be submitted to the Administrator and 
to an official or officials of the State designated by the 
Governor on or before July 1, 1988, and annually thereafter on 
July 1 and shall contain data reflecting releases during the 
preceding calendar year.
  (b) Covered Owners and Operators of Facilities.--
          (1) In general.--(A) The requirements of this section 
        shall apply to owners and operators of facilities that 
        have 10 or more full-time employees and that are in 
        Standard Industrial Classification Codes 20 through 39 
        (as in effect on July 1, 1985) and that manufactured, 
        processed, or otherwise used a toxic chemical listed 
        under subsection (c) in excess of the quantity of that 
        toxic chemical established under subsection (f) during 
        the calendar year for which a release form is required 
        under this section.
          (B) The Administrator may add or delete Standard 
        Industrial Classification Codes for purposes of 
        subparagraph (a), but only to the extent necessary to 
        provide that each Standard Industrial Code to which 
        this section applies is relevant to the purposes of 
        this section.
          (C) For purposes of this section--
                  (i) The term ``manufacture'' means to 
                produce, prepare, import, or compound a toxic 
                chemical.
                  (ii) The term ``process'' means the 
                preparation of a toxic chemical, after its 
                manufacture, for distribution in commerce--
                          (I) in the same form or physical 
                        state as, or in a different form or 
                        physical state from, that in which it 
                        was received by the person so preparing 
                        such chemical, or
                          (II) as part of an article containing 
                        the toxic chemical.
          (2) Discretionary application to additional 
        facilities.--The Administrator, on his own motion or at 
        the request of a Governor of a State (with regard to 
        facilities located in that State), may apply the 
        requirements of this section to the owners and 
        operators of any particular facility that manufactures, 
        processes, or otherwise uses a toxic chemical listed 
        under subsection (c) if the Administrator determines 
        that such action is warranted on the basis of toxicity 
        of the toxic chemical, proximity to other facilities 
        that release the toxic chemical or to population 
        centers, the history of releases of such chemical at 
        such facility, or such other factors as the 
        Administrator deems appropriate.
  (c) Toxic Chemicals Covered.--The toxic chemicals subject to 
the requirements of this section [are those chemicals] are--
          (1) the chemicals  on the list in Committee Print 
        Number 99-169 of the Senate Committee on Environment 
        and Public Works, titled ``Toxic Chemicals Subject to 
        Section 313 of the Emergency Planning and Community 
        Right-To-Know Act of 1986'' (including any revised 
        version of the list as may be made pursuant to 
        subsection (d) or (e))[.]; and
          (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.
  (d) Revisions by Administrator.--
          (1) In general.--The Administrator may by rule add or 
        delete a chemical from the list described in subsection 
        (c) at any time.
          (2) Additions.--A chemical may be added if the 
        Administrator determines, in his judgment, that there 
        is sufficient evidence to establish any one of the 
        following:
                  (A) The chemical is known to cause or can 
                reasonably be anticipated to cause significant 
                adverse acute human health effects at 
                concentration levels that are reasonably likely 
                to exist beyond facility site boundaries as a 
                result of continuous, or frequently recurring, 
                releases.
                  (B) The chemical is known to cause or can 
                reasonably be anticipated to cause in humans--
                          (i) cancer or teratogenic effects, or
                          (ii) serious or irreversible--
                                  (I) reproductive 
                                dysfunctions,
                                  (II) neurological disorders,
                                  (III) heritable genetic 
                                mutations, or
                                  (IV) other chronic health 
                                effects.
                  (C) The chemical is known to cause or can 
                reasonably be anticipated to cause, because 
                of--
                          (i) its toxicity,
                          (ii) its toxicity and persistence in 
                        the environment, or
                          (iii) its toxicity and tendency to 
                        bioaccumulate in the environment,
                a significant adverse effect on the environment 
                of sufficient seriousness, in the judgment of 
                the Administrator, to warrant reporting under 
                this section. The number of chemicals included 
                on the list described in subsection (c) on the 
                basis of the preceding sentence may constitute 
                in the aggregate no more than 25 percent of the 
                total number of chemicals on the list.
        A determination under this paragraph shall be based on 
        generally accepted scientific principles or laboratory 
        tests, or appropriately designed and conducted 
        epidemiological or other population studies, available 
        to the Administrator.
          (3) Deletions.--A chemical may be deleted if the 
        Administrator determines there is not sufficient 
        evidence to establish any of the criteria described in 
        paragraph (2).
          (4) Effective date.--Any revision made on or after 
        January 1 and before December 1 of any calendar year 
        shall take effect beginning with the next calendar 
        year. Any revision made on or after December 1 of any 
        calendar year and before January 1 of the next calender 
        year shall take effect beginning with the calendar year 
        following such next calendar year.
  (e) Petitions.--
          (1) In general.--Any person may petition the 
        Administrator to add or delete a chemical from the list 
        described in subsection (c) on the basis of the 
        criteria in subparagraph (A) or (B) of subsection 
        (d)(2). Within 180 days after receipt of a petition, 
        the Administrator shall take one of the following 
        actions:
                  (A) Initiate a rulemaking to add or delete 
                the chemical to the list, in accordance with 
                subsection (d)(2) or (d)(3).
                  (B) Publish an explanation of why the 
                petition is denied.
          (2) Governor petitions.--A State Governor may 
        petition the Administrator to add or delete a chemical 
        from the list described in subsection (c) on the basis 
        of the criteria in subparagraph (A), (B), or (C) of 
        subsection (d)(2). In the case of such a petition from 
        a State Governor to delete a chemical, the petition 
        shall be treated in the same manner as a petition 
        received under paragraph (1) to delete a chemical. In 
        the case of such a petition from a State Governor to 
        add a chemical, the chemical will be added to the list 
        within 180 days after receipt of the petition, unless 
        the Administrator--
                  (A) initiates a rulemaking to add the 
                chemical to the list, in accordance with 
                subsection (d)(2), or
                  (B) publishes an explanation of why the 
                Administrator believes the petition does not 
                meet the requirements of subsection (d)(2) for 
                adding a chemical to the list.
  (f) Threshold for Reporting.--
          (1) Toxic chemical threshold amount.--The threshold 
        amounts for purposes of reporting toxic chemicals under 
        this section are as follows:
                  (A) With respect to a toxic chemical used at 
                a facility, 10,000 pounds of the toxic chemical 
                per year.
                  (B) With respect to a toxic chemical 
                manufactured or processed at a facility--
                          (i) For the toxic chemical release 
                        form required to be submitted under 
                        this section on or before July 1, 1988, 
                        75,000 pounds of the toxic chemical per 
                        year.
                          (ii) For the form required to be 
                        submitted on or before July 1, 1989, 
                        50,000 pounds of the toxic chemical per 
                        year.
                          (iii) For the form required to be 
                        submitted on or before July 1, 1990, 
                        and for each form thereafter, 25,000 
                        pounds of the toxic chemical per year.
          (2) Revisions.--The Administrator may establish a 
        threshold amount for a toxic chemical different from 
        the amount established by paragraph (1). Such revised 
        threshold shall obtain reporting on a substantial 
        majority of total releases of the chemical at all 
        facilities subject to the requirements of this section. 
        The amounts established under this paragraph may, at 
        the Administrator's discretion, be based on classes of 
        chemicals or categories of facilities.
  (g) Form.--
          (1) Information required.--Not later than June 1, 
        1987, the Administrator shall publish a uniform toxic 
        chemical release form for facilities covered by this 
        section. If the Administrator does not publish such a 
        form, owners and operators of facilities subject to the 
        requirements of this section shall provide the 
        information required under this subsection by letter 
        postmarked on or before the date on which the form is 
        due. Such form shall--
                  (A) provide for the name and location of, and 
                principal business activities at, the facility;
                  (B) include an appropriate certification, 
                signed by a senior official with management 
                responsibility for the person or persons 
                completing the report, regarding the accuracy 
                and completeness of the report; and
                  (C) provide for submission of each of the 
                following items of information for each listed 
                toxic chemical known to be present at the 
                facility:
                          (i) Whether the toxic chemical at the 
                        facility is manufactured, processed, or 
                        otherwise used, and the general 
                        category or categories of use of the 
                        chemical.
                          (ii) An estimate of the maximum 
                        amounts (in ranges) of the toxic 
                        chemical present at the facility at any 
                        time during the preceding calendar 
                        year.
                          (iii) For each wastestream, the waste 
                        treatment or disposal methods employed, 
                        and an estimate of the treatment 
                        efficiency typically achieved by such 
                        methods for that wastestream.
                          (iv) The annual quantity of the toxic 
                        chemical entering each environmental 
                        medium.
          (2) Use of available data.--In order to provide the 
        information required under this section, the owner or 
        operator of a facility may use readily available data 
        (including monitoring data) collected pursuant to other 
        provisions of law, or, where such data are not readily 
        available, reasonable estimates of the amounts 
        involved. Nothing in this section requires the 
        monitoring or measurement of the quantities, 
        concentration, or frequency of any toxic chemical 
        released into the environment beyond that monitoring 
        and measurement required under other provisions of law 
        or regulation. In order to assure consistency, the 
        Administrator shall require that data be expressed in 
        common units.
  (h) Use of Release Form.--The release forms required under 
this section are intended to provide information to the 
Federal, State, and local governments and the public, including 
citizens of communities surrounding covered facilities. The 
release form shall be available, consistent with section 
324(a), to inform persons about releases of toxic chemicals to 
the environment; to assist governmental agencies, researchers, 
and other persons in the conduct of research and data 
gathering; to aid in the development of appropriate 
regulations, guidelines, and standards; and for other similar 
purposes.
  (i) Modifications in Reporting Frequency.--
          (1) In general.--The Administrator may modify the 
        frequency of submitting a report under this section, 
        but the Administrator may not modify the frequency to 
        be any more often than annually. A modification may 
        apply, either nationally or in a specific geographic 
        area, to the following:
                  (A) All toxic chemical release forms required 
                under this section.
                  (B) A class of toxic chemicals or a category 
                of facilities.
                  (C) A specific toxic chemical.
                  (D) A specific facility.
          (2) Requirements.--A modification may be made under 
        paragraph (1) only if the Administrator--
                  (A) makes a finding that the modification is 
                consistent with the provisions of subsection 
                (h), based on--
                          (i) experience from previously 
                        submitted toxic chemical release forms, 
                        and
                          (ii) determinations made under 
                        paragraph (3), and
                  (B) the finding is made by a rulemaking in 
                accordance with section 553 of title 5, United 
                States Code.
          (3) Determinations.--The Administrator shall make the 
        following determinations with respect to a proposed 
        modification before making a modification under 
        paragraph (1):
                  (A) The extent to which information relating 
                to the proposed modification provided on the 
                toxic chemical release forms has been used by 
                the Administrator or other agencies of the 
                Federal Government, States, local governments, 
                health professionals, and the public.
                  (B) The extent to which the information is 
                (i) readily available to potential users from 
                other sources, such as State reporting 
                programs, and (ii) provided to the 
                Administrator under another Federal law or 
                through a State program.
                  (C) The extent to which the modification 
                would impose additional and unreasonable 
                burdens on facilities subject to the reporting 
                requirements under this section.
          (4)  5-year review.--Any modification made under this 
        subsection shall be reviewed at least once every 5 
        years. Such review shall examine the modification and 
        ensure that the requirements of paragraphs (2) and (3) 
        still justify continuation of the modification. Any 
        change to a modification reviewed under this paragraph 
        shall be made in accordance with this subsection.
          (5) Notification to congress.--The Administrator 
        shall notify Congress of an intention to initiate a 
        rulemaking for a modification under this subsection. 
        After such notification, the Administrator shall delay 
        initiation of the rulemaking for at least 12 months, 
        but no more than 24 months, after the date of such 
        notification.
          (6) Judicial review.--In any judicial review of a 
        rulemaking which establishes a modification under this 
        subsection, a court may hold unlawful and set aside 
        agency action, findings, and conclusions found to be 
        unsupported by substantial evidence.
          (7) Applicability.--A modification under this 
        subsection may apply to a calendar year or other 
        reporting period beginning no earlier than January 1, 
        1993.
          (8) Effective date.--Any modification made on or 
        after January 1 and before December 1 of any calendar 
        year shall take effect beginning with the next calendar 
        year. Any modification made on or after December 1 of 
        any calendar year and before January 1 of the next 
        calendar year shall take effect beginning with the 
        calendar year following such next calendar year.
  (j)  EPA Management of Data.--The Administrator shall 
establish and maintain in a computer data base a national toxic 
chemical inventory based on data submitted to the Administrator 
under this section. The Administrator shall make these data 
accessible by computer telecommunication and other means to any 
person on a cost reimbursable basis.
  (k) Report.--Not later than June 30, 1991, the Comptroller 
General, in consultation with the Administrator and appropriate 
officials in the States, shall submit to the Congress a report 
including each of the following:
          (1) A description of the steps taken by the 
        Administrator and the States to implement the 
        requirements of this section, including steps taken to 
        make information collected under this section available 
        to and accessible by the public.
          (2) A description of the extent to which the 
        information collected under this section has been used 
        by the Environmental Protection Agency, other Federal 
        agencies, the States, and the public, and the purposes 
        for which the information has been used.
          (3) An identification and evaluation of options for 
        modifications to the requirements of this section for 
        the purpose of making information collected under this 
        section more useful.
  (l) Mass Balance Study.--
          (1) In general.--The Administrator shall arrange for 
        a mass balance study to be carried out by the National 
        Academy of Sciences using mass balance information 
        collected by the Administrator under paragraph (3). The 
        Administrator shall submit to Congress a report on such 
        study no later than 5 years after the date of the 
        enactment of this title.
          (2) Purposes.--The purposes of the study are as 
        follows:
                  (A) To assess the value of mass balance 
                analysis in determining the accuracy of 
                information on toxic chemical releases.
                  (B) To assess the value of obtaining mass 
                balance information, or portions thereof, to 
                determine the waste reduction efficiency of 
                different facilities, or categories of 
                facilities, including the effectiveness of 
                toxic chemical regulations promulgated under 
                laws other than this title.
                  (C) To assess the utility of such information 
                for evaluating toxic chemical management 
                practices at facilities, or categories of 
                facilities, covered by this section.
                  (D) To determine the implications of mass 
                balance information collection on a national 
                scale similar to the mass balance information 
                collection carried out by the Administrator 
                under paragraph (3), including implications of 
                the use of such collection as part of a 
                national annual quantity toxic chemical release 
                program.
          (3) Information collection.--(A) The Administrator 
        shall acquire available mass balance information from 
        States which currently conduct (or during the 5 years 
        after the date of enactment of this title initiate) a 
        mass balance-oriented annual quantity toxic chemical 
        release program. If information from such States 
        provides an inadequate representation of industry 
        classes and categories to carry out the purposes of the 
        study, the Administrator also may acquire mass balance 
        information necessary for the study from a 
        representative number of facilities in other States.
          (B) Any information acquired under this section shall 
        be available to the public, except that upon a showing 
        satisfactory to the Administrator by any person that 
        the information (or a particular part thereof) to which 
        the Administrator or any officer, employee, or 
        representative has access under this section if made 
        public would divulge information entitled to protection 
        under section 1905 of title 18, United States Code, 
        such information or part shall be considered 
        confidential in accordance with the purposes of that 
        section, except that such information or part may be 
        disclosed to other officers, employees, or authorized 
        representatives of the United States concerned with 
        carrying out this section.
          (C) The Administrator may promulgate regulations 
        prescribing procedures for collecting mass balance 
        information under this paragraph.
          (D) For purposes of collecting mass balance 
        information under subparagraph (A), the Administrator 
        may require the submission of information by a State or 
        facility.
          (4) Mass balance definition.--For purposes of this 
        subsection, the term ``mass balance'' means an 
        accumulation of the annual quantities of chemicals 
        transported to a facility, produced at a facility, 
        consumed at a facility, used at a facility, accumulated 
        at a facility, released from a facility, and 
        transported from a facility as a waste or as a 
        commercial product or byproduct or component of a 
        commercial product or byproduct.

           *       *       *       *       *       *       *

                              ----------                              


                        SOLID WASTE DISPOSAL ACT

TITLE II--SOLID WASTE DISPOSAL

           *       *       *       *       *       *       *


Subtitle C--Hazardous Waste Management

           *       *       *       *       *       *       *


    standards applicable to owners and operators of hazardous waste 
              treatment, storage, and disposal facilities

  Sec. 3004. (a) In General.--Not later than eighteen months 
after the date of enactment of this section, and after 
opportunity for public hearings and after consultation with 
appropriate Federal and State agencies, the Administrator shall 
promulgate regulations establishing such performance standards, 
applicable to owners and operators of facilities for the 
treatment, storage, or disposal of hazardous waste identified 
or listed under this subtitle, as may be necessary to protect 
human health and the environment. In establishing such 
standards the Administrator shall, where appropriate, 
distinguish in such standards between requirements appropriate 
for new facilities and for facilities in existence on the date 
of promulgation of such regulations. Such standards shall 
include, but need not be limited to, requirements respecting--
          (1) maintaining records of all hazardous wastes 
        identified or listed under this title which is treated, 
        stored, or disposed of, as the case may be, and the 
        manner in which such wastes were treated, stored, or 
        disposed of;
          (2) satisfactory reporting, monitoring, and 
        inspection and compliance with the manifest system 
        referred to in section 3002(5);
          (3) treatment, storage, or disposal of all such waste 
        received by the facility pursuant to such operating 
        methods, techniques, and practices as may be 
        satisfactory to the Administrator;
          (4) the location, design, and construction of such 
        hazardous waste treatment, disposal, or storage 
        facilities;
          (5) contingency plans for effective action to 
        minimize unanticipated damage from any treatment, 
        storage, or disposal of any such hazardous waste;
          (6) the maintenance of operation of such facilities 
        and requiring such additional qualifications as to 
        ownership, continuity of operation, training for 
        personnel, and financial responsibility (including 
        financial responsibility for corrective action) as may 
        be necessary or desirable; and
          (7) compliance with the requirements of section 3005 
        respecting permits for treatment, storage, or disposal.
No private entity shall be precluded by reason of criteria 
established under paragraph (6) from the ownership or operation 
of facilities providing hazardous waste treatment, storage, or 
disposal services where such entity can provide assurances of 
financial responsibility and continuity of operation consistent 
with the degree and duration of risks associated with the 
treatment, storage, or disposal of specified hazardous waste.
  (b) Salt Dome Formations, Salt Bed Formations, Underground 
Mines and Caves.--(1) Effective on the date of the enactment of 
the Hazardous and Solid Waste Amendments of 1984, the placement 
of any noncontainerized or bulk liquid hazardous waste in any 
salt dome formation, salt bed formation, underground mine, or 
cave is prohibited until such time as--
          (A) the Administrator has determined, after notice 
        and opportunity for hearings on the record in the 
        affected areas, that such placement is protective of 
        human health and the environment;
          (B) the Administrator has promulgated performance and 
        permitting standards for such facilities under this 
        subtitle, and;
          (C) a permit has been issued under section 3005(c) 
        for the facility concerned.
  (2) Effective on the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, the placement of any hazardous 
waste other than a hazardous waste referred to in paragraph (1) 
in a salt dome formation, salt bed formation, underground mine, 
or cave is prohibited until such time as a permit has been 
issued under section 3005(c) for the facility concerned.
  (3) No determination made by the Administrator under 
subsection (d), (e), or (g) of this section regarding any 
hazardous waste to which such subsection (d), (e), or (g) 
applies shall affect the prohibition contained in paragraph (1) 
or (2) of this subsection.
  (4) Nothing in this subsection shall apply to the Department 
of Energy Waste Isolation Pilot Project in New Mexico.
  (c) Liquids in Landfills.--(1) Effective 6 months after the 
date of the enactment of the Hazardous and Solid Waste 
Amendments of 1984, the placement of bulk or noncontainerized 
liquid hazardous waste or free liquids contained in hazardous 
waste (whether or not absorbents have been added) in any 
landfill is prohibited. Prior to such date the requirements (as 
in effect on April 30, 1983) promulgated under this section by 
the Administrator regarding liquid hazardous waste shall remain 
in force and effect to the extent such requirements are 
applicable to the placement of bulk or noncontainerized liquid 
hazardous waste, or free liquids contained in hazardous waste, 
in landfills.
  (2) Not later than fifteen months after the date of the 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
the Administrator shall promulgate final regulations which--
          (A) minimize the disposal of containerized liquid 
        hazardous waste in landfills, and
          (B) minimize the presence of free liquids in 
        containerized hazardous waste to be disposed of in 
        landfills.
Such regulations shall also prohibit the disposal in landfills 
of liquids that have been absorbed in materials that biodegrade 
or that release liquids when compressed as might occur during 
routine landfill operations. Prior to the date on which such 
final regulations take effect, the requirements (as in effect 
on April 30, 1983) promulgated under this section by the 
Administrator shall remain in force and effect to the extent 
such requirements are applicable to the disposal of 
containerized liquid hazardous waste, or free liquids contained 
in hazardous waste, in landfills.
  (3) Effective twelve months after the date of the enactment 
of the Hazardous and Solid Waste Amendments of 1984, the 
placement of any liquid which is not a hazardous waste in a 
landfill for which a permit is required under section 3005(c) 
or which is operating pursuant to interim status granted under 
section 3005(e) is prohibited unless the owner or operator of 
such landfill demonstrates to the Administrator, or the 
Administrator determines, that--
          (A) the only reasonably available alternative to the 
        placement in such landfill is placement in a landfill 
        or unlined surface impoundment, whether or not 
        permitted under section 3005(c) or operating pursuant 
        to interim status under section 3005(e), which 
        contains, or may reasonably be anticipated to contain, 
        hazardous waste; and
          (B) placement in such owner or operator's landfill 
        will not present a risk of contamination of any 
        underground source of drinking water.
As used in subparagraph (B), the term ``underground source of 
drinking water'' has the same meaning as provided in 
regulations under the Safe Drinking Water Act (title XIV of the 
Public Health Service Act).
  (4) No determination made by the Administrator under 
subsection (d), (e), or (g) of this section regarding any 
hazardous waste to which such subsection (d), (e), or (g) 
applies shall affect the prohibition contained in paragraph (1) 
of this subsection.
  (d) Prohibitions on Land Disposal of Specified Wastes.--(1) 
Effective 32 months after the enactment of the Hazardous and 
Solid Waste Amendments of 1984 (except as provided in 
subsection (f) with respect to underground injection into deep 
injection wells), the land disposal of the hazardous wastes 
referred to in paragraph (2) is prohibited unless the 
Administrator determines the prohibition on one or more methods 
of land disposal of such waste is not required in order to 
protect human health and the environment for as long as the 
waste remains hazardous, taking into account--
          (A) the long-term uncertainties associated with land 
        disposal,
          (B) the goal of managing hazardous waste in an 
        appropriate manner in the first instance, and
          (C) the persistence, toxicity, mobility, and 
        propensity to bioaccumulate of such hazardous wastes 
        and their hazardous constituents.
For the purposes of this paragraph, a method of land disposal 
may not be determined to be protective of human health and the 
environment for a hazardous waste referred to in paragraph (2) 
(other than a hazardous waste which has complied with the 
pretreatment regulations promulgated under subsection (m)), 
unless, upon application by an interested person, it has been 
demonstrated to the Administrator, to a reasonable degree of 
certainty, that there will be no migration of hazardous 
constituents from the disposal unit or injection zone for as 
long as the wastes remain hazardous.
  (2) Paragraph (1) applies to the following hazardous wastes 
listed or identified under section 3001:
          (A) Liquid hazardous wastes, including free liquids 
        associated with any solid or sludge, containing free 
        cyanides at concentrations greater than or equal to 
        1,000 mg/l.
          (B) Liquid hazardous wastes, including free liquids 
        associated with any solid or sludge, containing the 
        following metals (or elements) or compounds of these 
        metals (or elements) at concentrations greater than or 
        equal to those specified below:
                  (i) arsenic and/or compounds (as As) 500 mg/
                l;
                  (ii) cadmium and/or compounds (as Cd) 100 mg/
                l;
                  (iii) chromium (VI and/or compounds (as Cr 
                VI)) 500 mg/l;
                  (iv) lead and/or compounds (as Pb) 500 mg/l;
                  (v) mercury and/or compounds (as Hg) 20 mg/l;
                  (vi) nickel and/or compounds (as Ni) 134 mg/
                l;
                  (vii) selenium and/or compounds (as Se) 100 
                mg/l; and
                  (viii) thallium and/or compounds (as Th) 130 
                mg/l.
          (C) Liquid hazardous waste having a pH less than or 
        equal to two (2.0).
          (D) Liquid hazardous wastes containing 
        polychlorinated biphenyls at concentrations greater 
        than or equal to 50 ppm.
          (E) Hazardous wastes containing halogenated organic 
        compounds in total concentration greater than or equal 
        to 1,000 mg/kg.
When necessary to protect human health and the environment, the 
Administrator shall substitute more stringent concentration 
levels than the levels specified in subparagraphs (A) through 
(E).
  (3) During the period ending forty-eight months after the 
date of the enactment of the Hazardous and Solid Waste 
Amendments of 1984, this subsection shall not apply to any 
disposal of contaminated soil or debris resulting from a 
response action taken under section 104 or 106 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 or a corrective action required under 
this subtitle.
  (e) Solvents and Dioxins.--(1) Effective twenty-four months 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984 (except as provided in subsection (f) with 
respect to underground injection into deep injection wells), 
the land disposal of the hazardous wastes referred to in 
paragraph (2) is prohibited unless the Administrator determines 
the prohibition of one or more methods of land disposal of such 
waste is not required in order to protect human health and the 
environment for as long as the waste remains hazardous, taking 
into account the factors referred to in subparagraph (A) 
through (C) of subsection (d)(1). For the purposes of this 
paragraph, a method of land disposal may not be determined to 
be protective of human health and the environment for a 
hazardous waste referred to in paragraph (2) (other than a 
hazardous waste which has complied with the pretreatment 
regulations promulgated under subsection (m)), unless upon 
application by an interested person it has been demonstrated to 
the Administrator, to a reasonable degree of certainty, that 
there will be no migration of hazardous constituents from the 
disposal unit or injection zone for as long as the wastes 
remain hazardous.
  (2) The hazardous wastes to which the prohibition under 
paragraph (1) applies are as follows--
          (A) dioxin-containing hazardous wastes numbered F020, 
        F021, F022, and F023 (as referred to in the proposed 
        rule published by the Administrator in the Federal 
        Register for April 4, 1983), and
          (B) those hazardous wastes numbered F001, F002, F003, 
        F004, and F005 in regulations promulgated by the 
        Administrator under section 3001 (40 C.F.R. 261.31 
        (July 1, 1983)), as those regulations are in effect on 
        July 1, 1983.
  (3) During the period ending forty-eight months after the 
date of the enactment of the Hazardous and Solid Waste 
Amendments of 1984, this subsection shall not apply to any 
disposal of contaminated soil or debris resulting from a 
response action taken under section 104 or 106 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 or a corrective action required under 
this subtitle.
  (f) Disposal Into Deep Injection Wells; Specified Subsection 
(d) Wastes; Solvents and Dioxins.--(1) Not later than forty-
five months after the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, the Administrator shall 
complete a review of the disposal of all hazardous wastes 
referred to in paragraph (2) of subsection (d) and in paragraph 
(2) of subsection (e) by underground injection into deep 
injection wells.
  (2) Within forty-five months after the date of the enactment 
of the Hazardous and Solid Waste Amendments of 1984, the 
Administrator shall make a determination regarding the disposal 
by underground injection into deep injection wells of the 
hazardous wastes referred to in paragraph (2) of subsection (d) 
and the hazardous wastes referred to in paragraph (2) of 
subsection (e). The Administrator shall promulgate final 
regulations prohibiting the disposal of such wastes into such 
wells if it may reasonably be determined that such disposal may 
not be protective of human health and the environment for as 
long as the waste remains hazardous, taking into account the 
factors referred to in subparagraphs (A) through (C) of 
subsection (d)(1). In promulgating such regulations, the 
Administrator shall consider each hazardous waste referred to 
in paragraph (2) of subsection (d) or in paragraph (2) of 
subsection (e) which is prohibited from disposal into such 
wells by any State.
  (3) If the Administrator fails to make a determination under 
paragraph (2) for any hazardous waste referred to in paragraph 
(2) of subsection (d) or in paragraph (2) of subsection (e) 
within forty-five months after the date of enactment of the 
Hazardous and Solid Waste Amendments of 1984, such hazardous 
waste shall be prohibited from disposal into any deep injection 
well.
  (4) As used in this subsection, the term ``deep injection 
well'' means a well used for the underground injection of 
hazardous waste other than a well to which section 7010(a) 
applies.
  (g) Additional Land Disposal Prohibition Determinations.--(1) 
Not later than twenty-four months after the date of enactment 
of the Hazardous and Solid Waste Amendments of 1984, the 
Administrator shall submit a schedule to Congress for--
          (A) reviewing all hazardous wastes listed (as of the 
        date of the enactment of the Hazardous and Solid Waste 
        Amendments of 1984) under section 3001 other than those 
        wastes which are referred to in subsection (d) or (e); 
        and
          (B) taking action under paragraph (5) of this 
        subsection with respect to each such hazardous waste.
  (2) The Administrator shall base the schedule on a ranking of 
such listed wastes considering their intrinsic hazard and their 
volume such that decisions regarding the land disposal of high 
volume hazardous wastes with high intrinsic hazard shall, to 
the maximum extent possible, be made by the date forty-five 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984. Decisions regarding low volume 
hazardous wastes with lower intrinsic hazard shall be made by 
the date sixty-six months after such date of enactment.
  (3) The preparation and submission of the schedule under this 
subsection shall not be subject to the Paperwork Reduction Act 
of 1980. No hearing on the record shall be required for 
purposes of preparation or submission of the schedule. The 
schedule shall not be subject to judicial review.
  (4) The schedule under this subsection shall require that the 
Administrator shall promulgate regulations in accordance with 
paragraph (5) or make a determination under paragraph (5)--
          (A) for at least one-third of all hazardous wastes 
        referred to in paragraph (1) by the date forty-five 
        months after the date of enactment of the Hazardous and 
        Solid Waste Amendments of 1984;
          (B) for at least two-thirds of all such listed wastes 
        by the date fifty-five months after the date of 
        enactment of such Amendments; and
          (C) for all such listed wastes and for all hazardous 
        wastes identified under 3001 by the date sixty-six 
        months after the date of enactment of such Amendments.
In the case of any hazardous waste identified or listed under 
section 3001 after the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, the Administrator shall 
determine whether such waste shall be prohibited from one or 
more methods of land disposal in accordance with paragraph (5) 
within six months after the date of such identification or 
listing.
  (5) Not later than the date specified in the schedule 
published under this subsection, the Administrator shall 
promulgate final regulations prohibiting one or more methods of 
land disposal of the hazardous wastes listed on such schedule 
except for methods of land disposal which the Administrator 
determines will be protective of human health and the 
environment for as long as the waste remains hazardous, taking 
into account the factors referred to in subparagraphs (A) 
through (C) of subsection (d)(1). For the purposes of this 
paragraph, a method of land disposal may not be determined to 
be protective of human health and the environment (except with 
respect to a hazardous waste which has complied with the 
pretreatment regulations promulgated under subsection (m)) 
unless, upon application by an interested person, it has been 
demonstrated to the Administrator, to a reasonable degree of 
certainty, that there will be no migration of hazardous 
constituents from the disposal unit or injection zone for as 
long as the wastes remain hazardous.
  (6)(A) If the Administrator fails (by the date forty-five 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984) to promulgate regulations or make a 
determination under paragraph (5) for any hazardous waste which 
is included in the first one-third of the schedule published 
under this subsection, such hazardous waste may be disposed of 
in a landfill or surface impoundment only if--
          (i) such facility is in compliance with the 
        requirements of subsection (o) which are applicable to 
        new facilities (relating to minimum technological 
        requirements); and
          (ii) prior to such disposal, the generator has 
        certified to the Administrator that such generator has 
        investigated the availability of treatment capacity and 
        has determined that the use of such landfill or surface 
        impoundment is the only practical alternative to 
        treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue 
to apply until the Administrator promulgates regulations or 
makes a determination under paragraph (5) for the waste 
concerned.
  (B) If the Administrator fails (by the date 55 months after 
the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984) to promulgate regulations or make a 
determination under paragraph (5) for any hazardous waste which 
is included in the first two-thirds of the schedule published 
under this subsection, such hazardous waste may be disposed of 
in a landfill or surface impoundment only if--
          (i) such facility is in compliance with the 
        requirements of subsection (o) which are applicable to 
        new facilities (relating to minimum technological 
        requirements); and
          (ii) prior to such disposal, the generator has 
        certified to the Administrator that such generator has 
        investigated the availability of treatment capacity and 
        has determined that the use of such landfill or surface 
        impoundment is the only practical alternative to 
        treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue 
to apply until the Administrator promulgates regulations or 
makes a determination under paragraph (5) for the waste 
concerned.
  (C) If the Administrator fails to promulgate regulations, or 
make a determination under paragraph (5) for any hazardous 
waste referred to in paragraph (1) within 66 months after the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 1984, such hazardous waste shall be prohibited from land 
disposal.
          (7) Solid waste identified as hazardous based solely 
        on one or more characteristics shall not be subject to 
        this subsection, any prohibitions under subsection (d), 
        (e), or (f), or any requirement promulgated under 
        subsection (m) (other than any applicable specific 
        methods of treatment, as provided in paragraph (8)) if 
        the waste--
                  (A) is treated in a treatment system that 
                subsequently discharges to waters of the United 
                States pursuant to a permit issued under 
                section 402 of the Federal Water Pollution 
                Control Act (commonly known as the ``Clean 
                Water Act'') (33 U.S.C. 1342), treated for the 
                purposes of the pretreatment requirements of 
                section 307 of the Clean Water Act (33 U.S.C. 
                1317), or treated in a zero discharge system 
                that, prior to any permanent land disposal, 
                engages in treatment that is equivalent to 
                treatment required under section 402 of the 
                Clean Water Act (33 U.S.C. 1342) for discharges 
                to waters of the United States, as determined 
                by the Administrator; and
                  (B) no longer exhibits a hazardous 
                characteristic prior to management in any land-
                based solid waste management unit.
          (8) Solid waste that otherwise qualifies under 
        paragraph (7) shall nevertheless be required to meet 
        any applicable specific methods of treatment specified 
        for such waste by the Administrator under subsection 
        (m), including those specified in the rule promulgated 
        by the Administrator June 1, 1990, prior to management 
        in a land-based unit as part of a treatment system 
        specified in paragraph (7)(A). No solid waste may 
        qualify under paragraph (7) that would generate toxic 
        gases, vapors, or fumes due to the presence of cyanide 
        when exposed to pH conditions between 2.0 and 12.5.
          (9) Solid waste identified as hazardous based on one 
        or more characteristics alone shall not be subject to 
        this subsection, any prohibitions under subsection (d), 
        (e), or (f), or any requirement promulgated under 
        subsection (m) if the waste no longer exhibits a 
        hazardous characteristic at the point of injection in 
        any Class I injection well permitted under section 1422 
        of title XIV of the Public Health Service Act (42 
        U.S.C. 300h-1).
          (10) Not later than five years after the date of 
        enactment of this paragraph, the Administrator shall 
        complete a study of hazardous waste managed pursuant to 
        paragraph (7) or (9) to characterize the risks to human 
        health or the environment associated with such 
        management. In conducting this study, the Administrator 
        shall evaluate the extent to which risks are adequately 
        addressed under existing State or Federal programs and 
        whether unaddressed risks could be better addressed 
        under such laws or programs. Upon receipt of additional 
        information or upon completion of such study and as 
        necessary to protect human health and the environment, 
        the Administrator may impose additional requirements 
        under existing Federal laws, including subsection 
        (m)(1), or rely on other State or Federal programs or 
        authorities to address such risks. In promulgating any 
        treatment standards pursuant to subsection (m)(1) under 
        the previous sentence, the Administrator shall take 
        into account the extent to which treatment is occurring 
        in land-based units as part of a treatment system 
        specified in paragraph (7)(A).
          (11) Nothing in paragraph (7) or (9) shall be 
        interpreted or applied to restrict any inspection or 
        enforcement authority under the provisions of this Act.
  (h) Variances From Land Disposal Prohibitions.--(1) A 
prohibition in regulations under subsection (d), (e), (f), or 
(g) shall be effective immediately upon promulgation.
  (2) The Administrator may establish an effective date 
different from the effective date which would otherwise apply 
under subsection (d), (e), (f), or (g) with respect to a 
specific hazardous waste which is subject to a prohibition 
under subsection (d), (e), (f), or (g) or under regulations 
under subsection (d), (e), (f), or (g). Any such other 
effective date shall be established on the basis of the 
earliest date on which adequate alternative treatment, 
recovery, or disposal capacity which protects human health and 
the environment will be available. Any such other effective 
date shall in no event be later than 2 years after the 
effective date of the prohibition which would otherwise apply 
under subsection (d), (e), (f), or (g).
  (3) The Administrator, after notice and opportunity for 
comment and after consultation with appropriate State agencies 
in all affected States, may on a case-by-case basis grant an 
extension of the effective date which would otherwise apply 
under subsection (d), (e), (f), or (g) or under paragraph (2) 
for up to one year, where the applicant demonstrates that there 
is a binding contractual commitment to construct or otherwise 
provide such alternative capacity but due to circumstances 
beyond the control of such applicant such alternative capacity 
cannot reasonably be made available by such effective date. 
Such extension shall be renewable once for no more than one 
additional year.
  (4) Whenever another effective date (hereinafter referred to 
as a ``variance'') is established under paragraph (2), or an 
extension is granted under paragraph (3), with respect to any 
hazardous waste, during the period for which such variance or 
extension is in effect, such hazardous waste may be disposed of 
in a landfill or surface impoundment only if such facility is 
in compliance with the requirements of subsection (o).
  (i) Publication of Determination.--If the Administrator 
determines that a method of land disposal will be protective of 
human health and the environment, he shall promptly publish in 
the Federal Register notice of such determination, together 
with an explanation of the basis for such determination.
  (j) Storage of Hazardous Waste Prohibited From Land 
Disposal.--In the case of any hazardous waste which is 
prohibited from one or more methods of land disposal under this 
section (or under regulations promulgated by the Administrator 
under any provision of this section) the storage of such 
hazardous waste is prohibited unless such storage is solely for 
the purpose of the accumulation of such quantities of hazardous 
waste as are necessary to facilitate proper recovery, treatment 
or disposal.
  (k) Definition of Land Disposal.--For the purposes of this 
section, the term ``land disposal'', when used with respect to 
a specified hazardous waste, shall be deemed to include, but 
not be limited to, any placement of such hazardous waste in a 
landfill, surface impoundment, waste pile, injection well, land 
treatment facility, salt dome formation, salt bed formation, or 
underground mine or cave.
  (l) Ban on Dust Suppression.--The use of waste or used oil or 
other material, which is contaminated or mixed with dioxin or 
any other hazardous waste identified or listed under section 
3001 (other than a waste identified solely on the basis of 
ignitability), for dust suppression or road treatment is 
prohibited.
  (m) Treatment Standards for Wastes Subject to Land Disposal 
Prohibition.--(1) Simultaneously with the promulgation of 
regulations under subsection (d), (e), (f), or (g) prohibiting 
one or more methods of land disposal of a particular hazardous 
waste, and as appropriate thereafter, the Administrator shall, 
after notice and an opportunity for hearings and after 
consultation with appropriate Federal and State agencies, 
promulgate regulations specifying those levels or methods of 
treatment, if any, which substantially diminish the toxicity of 
the waste or substantially reduce the likelihood of migration 
of hazardous constituents from the waste so that short-term and 
long-term threats to human health and the environment are 
minimized.
  (2) If such hazardous waste has been treated to the level or 
by a method specified in regulations promulgated under this 
subsection, such waste or residue thereof shall not be subject 
to any prohibition promulgated under subsection (d), (e), (f), 
or (g) and may be disposed of in a land disposal facility which 
meets the requirements of this subtitle. Any regulation 
promulgated under this subsection for a particular hazardous 
waste shall become effective on the same date as any applicable 
prohibition promulgated under subsection (d), (e), (f), or (g).
  (n) Air Emissions.--Not later than thirty months after the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 1984, the Administrator shall promulgate such regulations 
for the monitoring and control of air emissions at hazardous 
waste treatment, storage, and disposal facilities, including 
but not limited to open tanks, surface impoundments, and 
landfills, as may be necessary to protect human health and the 
environment.
  (o) Minimum Technological Requirements.--(1) The regulations 
under subsection (a) of this section shall be revised from time 
to time to take into account improvements in the technology of 
control and measurement. At a minimum, such regulations shall 
require, and a permit issued pursuant to section 3005(c) after 
the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984 by the Administrator or a State shall 
require--
          (A) for each new landfill or surface impoundment, 
        each new landfill or surface impoundment unit at an 
        existing facility, each replacement of an existing 
        landfill or surface impoundment unit, and each lateral 
        expansion of an existing landfill or surface 
        impoundment unit, for which an application for a final 
        determination regarding issuance of a permit under 
        section 3005(c) is received after the date of enactment 
        of the Hazardous and Solid Waste Amendments of 1984--
                  (i) the installation of two or more liners 
                and a leachate collection system above (in the 
                case of a landfill) and between such liners; 
                and
                  (ii) ground water monitoring; and
          (B) for each incinerator which receives a permit 
        under section 3005(c) after the date of enactment of 
        the Hazardous and Solid Waste Amendments of 1984, the 
        attainment of the minimum destruction and removal 
        efficiency required by regulations in effect on June 
        24, 1982.
The requirements of this paragraph shall apply with respect to 
all waste received after the issuance of the permit.
  (2) Paragraph (1)(A)(i) shall not apply if the owner or 
operator demonstrates to the Administrator, and the 
Administrator finds for such landfill or surface impoundment, 
that alternative design and operating practices, together with 
location characteristics, will prevent the migration of any 
hazardous constituents into the ground water or surface water 
at least as effectively as such liners and leachate collection 
systems.
  (3) The double-liner requirement set forth in paragraph 
(1)(A)(i) may be waived by the Administrator for any monofill, 
if--
          (A) such monofill contains only hazardous wastes from 
        foundry furnace emission controls or metal casting 
        molding sand,
          (B) such wastes do not contain constituents which 
        would render the wastes hazardous for reasons other 
        than the Extraction Procedure (``EP'') toxicity 
        characteristics set forth in regulations under this 
        subtitle, and
          (C) such monofill meets the same requirements as are 
        applicable in the case of a waiver under section 
        3005(j) (2) or (4).
  (4)(A) Not later than thirty months after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
the Administrator shall promulgate standards requiring that new 
landfill units, surface impoundment units, waste piles, 
underground tanks and land treatment units for the storage, 
treatment, or disposal of hazardous waste identified or listed 
under section 3001 shall be required to utilize approved leak 
detection systems.
  (B) For the purposes of subparagraph (A)--
          (i) the term ``approved leak detection system'' means 
        a system or technology which the Administrator 
        determines to be capable of detecting leaks of 
        hazardous constituents at the earliest practicable 
        time; and
          (ii) the term ``new units'' means units on which 
        construction commences after the date of promulgation 
        of regulations under this paragraph.
  (5)(A) The Administrator shall promulgate regulations or 
issue guidance documents implementing the requirements of 
paragraph (1)(A) within two years after the date of the 
enactment of the Hazardous and Solid Waste Amendments of 1984.
  (B) Until the effective date of such regulations or guidance 
documents, the requirement for the installation of two or more 
liners may be satisfied by the installation of a top liner 
designed, operated, and constructed of materials to prevent the 
migration of any constituent into such liner during the period 
such facility remains in operation (including any post-closure 
monitoring period), and a lower liner designed, operated and 
constructed to prevent the migration of any constituent through 
such liner during such period. For the purpose of the preceding 
sentence, a lower liner shall be deemed to satisfy such 
requirement if it is constructed of at least a 3-foot thick 
layer of recompacted clay or other natural material with a 
permeability of no more than 110-7 centimeter per 
second.
  (6) Any permit under section 3005 which is issued for a 
landfill located within the State of Alabama shall require the 
installation of two or more liners and a leachate collection 
system above and between such liners, notwithstanding any other 
provision of this Act.
  (7) In addition to the requirements set forth in this 
subsection, the regulations referred to in paragraph (1) shall 
specify criteria for the acceptable location of new and 
existing treatment, storage, or disposal facilities as 
necessary to protect human health and the environment. Within 
18 months after the enactment of the Hazardous and Solid Waste 
Amendments of 1984, the Administrator shall publish guidance 
criteria identifying areas of vulnerable hydroge- ology.
  (p) Ground Water Monitoring.--The standards under this 
section concerning ground water monitoring which are applicable 
to surface impoundments, waste piles, land treatment units, and 
landfills shall apply to such a facility whether or not--
          (1) the facility is located above the seasonal high 
        water table;
          (2) two liners and a leachate collection system have 
        been installed at the facility; or
          (3) the owner or operator inspects the liner (or 
        liners) which has been installed at the facility.
This subsection shall not be construed to affect other 
exemptions or waivers from such standards provided in 
regulations in effect on the date of enactment of the Hazardous 
and Solid Waste Amendments of 1984 or as may be provided in 
revisions to those regulations, to the extent consistent with 
this subsection. The Administrator is authorized on a case-by-
case basis to exempt from ground water monitoring requirements 
under this section (including subsection (o)) any engineered 
structure which the Administrator finds does not receive or 
contain liquid waste (nor waste containing free liquids), is 
designed and operated to exclude liquid from precipitation or 
other runoff, utilizes multiple leak detection systems within 
the outer layer of containment, and provides for continuing 
operation and maintenance of these leak detection systems 
during the operating period, closure, and the period required 
for post-closure monitoring and for which the Administrator 
concludes on the basis of such findings that there is a 
reasonable certainty hazardous constituents will not migrate 
beyond the outer layer of containment prior to the end of the 
period required for post-closure monitoring.
  (q) Hazardous Waste Used as Fuel.--(1) Not later than two 
years after the date of the enactment of the Hazardous and 
Solid Waste Amendments of 1984, and after notice and 
opportunity for public hearing, the Administrator shall 
promulgate regulations establishing such--
          (A) standards applicable to the owners and operators 
        of facilities which produce a fuel--
                  (i) from any hazardous waste identified or 
                listed under section 3001, or
                  (ii) from any hazardous waste identified or 
                listed under section 3001 and any other 
                material;
          (B) standards applicable to the owners and operators 
        of facilities which burn, for purposes of energy 
        recovery, any fuel produced as provided in subparagraph 
        (A) or any fuel which otherwise contains any hazardous 
        waste identified or listed under section 3001; and
          (C) standards applicable to any person who 
        distributes or markets any fuel which is produced as 
        provided in subparagraph (A) or any fuel which 
        otherwise contains any hazardous waste identified or 
        listed under section 3001;
as may be necessary to protect human health and the 
environment. Such standards may include any of the requirements 
set forth in paragraphs (1) through (7) of subsection (a) as 
may be appropriate. Nothing in this subsection shall be 
construed to affect or impair the provisions of section 
3001(b)(3). For purposes of this subsection, the term 
``hazardous waste listed under section 3001'' includes any 
commercial chemical product which is listed under section 3001 
and which, in lieu of its original intended use, is (i) 
produced for use as (or as a component of) a fuel, (ii) 
distributed for use as a fuel, or (iii) burned as a fuel.
  (2)(A) This subsection, subsection (r), and subsection (s) 
shall not apply to petroleum refinery wastes containing oil 
which are converted into petroleum coke at the same facility at 
which such wastes were generated, unless the resulting coke 
product would exceed one or more characteristics by which a 
substance would be identified as a hazardous waste under 
section 3001.
  (B) The Administrator may exempt from the requirements of 
this subsection, subsection (r), or subsection (s) facilities 
which burn de minimis quantities of hazardous waste as fuel, as 
defined by the Administrator, if the wastes are burned at the 
same facility at which such wastes are generated; the waste is 
burned to recover useful energy, as determined by the 
Administrator on the basis of the design and operating 
characteristics of the facility and the heating value and other 
characteristics of the waste; and the waste is burned in a type 
of device determined by the Administrator to be designed and 
operated at a destruction and removal efficiency sufficient 
such that protection of human health and environment is 
assured.
  (C)(i) After the date of the enactment of the Hazardous and 
Solid Waste Amendments of 1984 and until standards are 
promulgated and in effect under paragraph (2) of this 
subsection, no fuel which contains any hazardous waste may be 
burned in any cement kiln which is located within the 
boundaries of any incorporated municipality with a population 
greater than five hundred thousand (based on the most recent 
census statistics) unless such kiln fully complies with 
regulations (as in effect on the date of the enactment of the 
Hazardous and Solid Waste Amendments of 1984) under this 
subtitle which are applicable to incinerators.
  (ii) Any person who knowingly violates the prohibition 
contained in clause (i) shall be deemed to have violated 
section 3008(d)(2).
  (r) Labeling.--(1) Notwithstanding any other provision of 
law, until such time as the Administrator promulgates standards 
under subsection (q) specifically superceding this requirement, 
it shall be unlawful for any person who is required to file a 
notification in accordance with paragraph (1) or (3) of section 
3010 to distribute or market any fuel which is produced from 
any hazardous waste identified or listed under section 3001, or 
any fuel which otherwise contains any hazardous waste 
identified or listed under section 3001 if the invoice or the 
bill of sale fails--
          (A) to bear the following statement: ``WARNING: THIS 
        FUEL CONTAINS HAZARDOUS WASTES''; and
          (B) to list the hazardous wastes contained therein.
Beginning ninety days after the enactment of the Hazardous and 
Solid Waste Amendments of 1984, such statement shall be located 
in a conspicuous place on every such invoice or bill of sale 
and shall appear in conspicuous and legible type in contrast by 
typography, layouts, or color with other printed matter on the 
invoice or bill of sale.
  (2) Unless the Administrator determines otherwise as may be 
necessary to protect human health and the environment, this 
subsection shall not apply to fuels produced from petroleum 
refining waste containing oil if--
          (A) such materials are generated and reinserted 
        onsite into the refining process;
          (B) contaminants are removed; and
          (C) such refining waste containing oil is converted 
        along with normal process streams into petroleum-
        derived fuel products at a facility at which crude oil 
        is refined into petroleum products and which is 
        classified as a number SIC 2911 facility under the 
        Office of Management and Budget Standard Industrial 
        Classification Manual.
  (3) Unless the Administrator determines otherwise as may be 
necessary to protect human health and the environment, this 
subsection shall not apply to fuels produced from oily 
materials, resulting from normal petroleum refining, production 
and transportation practices, if (A) contaminants are removed; 
and (B) such oily materials are converted along with normal 
process streams into petroleum-derived fuel products at a 
facility at which crude oil is refined into petroleum products 
and which is classified as a number SIC 2911 facility under the 
Office of Management and Budget Standard Industrial 
Classification Manual.
  (s) Recordkeeping.--Not later than fifteen months after the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 1984, the Administrator shall promulgate regulations 
requiring that any person who is required to file a 
notification in accordance with subparagraph (1), (2), or (3), 
of section 3010(a) shall maintain such records regarding fuel 
blending, distribution, or use as may be necessary to protect 
human health and the environment.
  (t) Financial Responsibility Provisions.--(1) Financial 
responsibility required by subsection (a) of this section may 
be established in accordance with regulations promulgated by 
the Administrator by any one, or any combination, of the 
following: insurance, guarantee, surety bond, letter of credit, 
or qualification as a self-insurer. In promulgating 
requirements under this section, the Administrator is 
authorized to specify policy or other contractual terms, 
conditions, or defenses which are necessary or are unacceptable 
in establishing such evidence of financial responsibility in 
order to effectuate the purposes of this Act.
  (2) In any case where the owner or operator is in bankruptcy, 
reorganization, or arrangement pursuant to the Federal 
Bankruptcy Code or where (with reasonable diligence) 
jurisdiction in any State court or any Federal Court cannot be 
obtained over an owner or operator likely to be solvent at the 
time of judgment, any claim arising from conduct for which 
evidence of financial responsibility must be provided under 
this section may be asserted directly against the guarantor 
providing such evidence of financial responsibility. In the 
case of any action pursuant to this subsection, such guarantor 
shall be entitled to invoke all rights and defenses which would 
have been available to the owner or operator if any action had 
been brought against the owner or operator by the claimant and 
which would have been available to the guarantor if an action 
had been brought against the guarantor by the owner or 
operator.
  (3) The total liability of any guarantor shall be limited to 
the aggregate amount which the guarantor has provided as 
evidence of financial responsibility to the owner or operator 
under this Act. Nothing in this subsection shall be construed 
to limit any other State or Federal statutory, contractual or 
common law liability of a guarantor to its owner or operator 
including, but not limited to, the liability of such guarantor 
for bad faith either in negotiating or in failing to negotiate 
the settlement of any claim. Nothing in this subsection shall 
be construed to diminish the liability of any person under 
section 107 or 111 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 or other applicable law.
  (4) For the purpose of this subsection, the term 
``guarantor'' means any person, other than the owner or 
operator, who provides evidence of financial responsibility for 
an owner or operator under this section.
  (u) Continuing Releases at Permitted Facilities.--Standards 
promulgated under this section shall require, and a permit 
issued after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984 by the Administrator or a State shall 
require, corrective action for all releases of hazardous waste 
or constituents from any solid waste management unit at a 
treatment, storage, or disposal facility seeking a permit under 
this subtitle, regardless of the time at which waste was placed 
in such unit. Permits issued under section 3005 shall contain 
schedules of compliance for such corrective action (where such 
corrective action cannot be completed prior to issuance of the 
permit) and assurances of financial responsibility for 
completing such corrective action.
  (v) Corrective Actions Beyond Facility Boundary.--As promptly 
as practicable after the date of the enactment of the Hazardous 
and Solid Waste Amendments of 1984, the Administrator shall 
amend the standards under this section regarding corrective 
action required at facilities for the treatment, storage, or 
disposal, of hazardous waste listed or identified under section 
3001 to require that corrective action be taken beyond the 
facility boundary where necessary to protect human health and 
the environment unless the owner or operator of the facility 
concerned demonstrates to the satisfaction of the Administrator 
that, despite the owner or operator's best efforts, the owner 
or operator was unable to obtain the necessary permission to 
undertake such action. Such regulations shall take effect 
immediately upon promulgation, notwithstanding section 3010(b), 
and shall apply to--
          (1) all facilities operating under permits issued 
        under subsection (c), and
          (2) all landfills, surface impoundments, and waste 
        pile units (including any new units, replacements of 
        existing units, or lateral expansions of existing 
        units) which receive hazardous waste after July 26, 
        1982.
Pending promulgation of such regulations, the Administrator 
shall issue corrective action orders for facilities referred to 
in paragraphs (1) and (2), on a case-by-case basis, consistent 
with the purposes of this subsection.
  (w) Underground Tanks.--Not later than March 1, 1985, the 
Administrator shall promulgate final permitting standards under 
this section for underground tanks that cannot be entered for 
inspection. Within forty-eight months after the date of the 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
such standards shall be modified, if necessary, to cover at a 
minimum all requirements and standards described in section 
9003.
  (x) If (1) solid waste from the extraction, beneficiation or 
processing of ores and minerals, including phosphate rock and 
overburden from the mining of uranium, (2) fly ash waste, 
bottom ash waste, slag waste, and flue gas emission control 
waste generated primarily from the combustion of coal or other 
fossil fuels, or (3) cement kiln dust waste, is subject to 
regulation under this subtitle, the Administrator is authorized 
to modify the requirements of subsections (c), (d), (e), (f), 
(g), (o), and (u) and section 3005(j), in the case of landfills 
or surface impoundments receiving such solid waste, to take 
into account the special characteristics of such wastes, the 
practical difficulties associated with implementation of such 
requirements, and site-specific characteristics, including but 
not limited to the climate, geology, hydrology and soil 
chemistry at the site, so long as such modified requirements 
assure protection of human health and the environment.
  (y) Munitions.--(1) Not later than 6 months after the date of 
the enactment of the Federal Facility Compliance Act of 1992, 
the Administrator shall propose, after consulting with the 
Secretary of Defense and appropriate State officials, 
regulations identifying when military munitions become 
hazardous waste for purposes of this subtitle and providing for 
the safe transportation and storage of such waste. Not later 
than 24 months after such date, and after notice and 
opportunity for comment, the Administrator shall promulgate 
such regulations. Any such regulations shall assure protection 
of human health and the environment.
  (2) For purposes of this subsection, the term ``military 
munitions'' includes chemical and conventional munitions.
  (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.

           *       *       *       *       *       *       *


                         XVII. DISSENTING VIEWS

    We cannot support H.R. 535, as amended. While the Amendment 
in the Nature of a Substitute contains some changes that we may 
be able to support, we must oppose H.R. 535, as amended by the 
Committee and as ordered reported.
    We recognize the increased community anxiety that occurs 
due to the discovery of perfluoroalkyl and polyfluoroalkyl 
substance (PFAS) contamination, and we understand that some 
states may face disproportionate burdens without more federal 
action. Unfortunately, H.R. 535 as amended mandates multiple, 
aggressive actions based on a woefully incomplete scientific 
understanding of health effects for this diverse class of up to 
5,000 chemicals. More modest steps are warranted in the interim 
to address demonstrated health risks and additional review to 
cover those areas that need more attention.
    We state this knowing that the Environmental Protection 
Agency has devoted considerable time and effort to better 
understand PFAS chemicals in the environment and their 
exposure's impact on human health. Moreover, the Agency has set 
forth a plan for addressing PFAS chemicals, including whether 
to regulate the best understood, most prevalent perfluoroalkyl 
and polyfluoroalkyl substances because they present substantial 
dangers to health. Based on this systematic review, we are 
reluctant to pull the plug on good science and impose many of 
the mandates H.R. 535, as amended, does.
    The most troublesome provisions in H.R. 535, as amended, 
begin with the mandate of certain PFAS as hazardous substances 
under the Comprehensive Environmental Response Compensation and 
Liability Act of 1980 (CERCLA). We appreciate that section 2 of 
H.R. 535, as amended, limits a direct CERCLA designation to 
only the most well understood of the PFAS chemicals 
(perfluorooctanoic acid (PFOA), perfluoroactanesulfonic acid 
(PFOS), and their respective salts); but a Congressional 
mandate to designate particular chemicals under CERCLA is still 
a drastic and unprecedent action--since CERCLA's enactment four 
decades ago, Congress has never statutorily named specific 
substances under CERCLA as hazardous. Moreover, in requiring 
the Environmental Protection Agency to make the class of all 
perfluoroalkyl and polyfluoroalkyl substances hazardous air 
pollutants under Clean Air Act section 112(b), section 15 of 
H.R. 535, as amended, de facto deems the entire class of all 
perfluoroalkyl and polyfluoroalkyl substances as CERCLA 
hazardous substances pursuant to CERCLA section 101(14)(E).
    At the subcommittee markup, during the full committee 
markup, and on the House floor during debates on CERCLA listing 
of these chemicals we have been very clear: we want cleanup and 
we want it sooner rather than later. We have grave doubts 
though that CERCLA is the magic bullet for this problem and may 
create more problems than meets the eye. Below are a few 
examples of the concerns we have just on the CERCLA provisions:
          1. We are concerned about bypassing reasoned 
        consideration and effectuating the requirements of a 
        statute as muscular as CERCLA, especially without 
        public comment on the merits of the proposal or the 
        practicality of its application, without the health 
        effects widely known on the class, and without a risk-
        based determination. On top of this, we are concerned 
        that EPA has never testified before either body of 
        Congress about how a proposal like this would be 
        implemented.
          2. We are concerned that CERCLA's strict, joint and 
        several, and retroactive liability provisions will 
        permanently ensnare innocent parties who arrange to 
        have their waste hauled, like municipal water systems 
        that obtain PFAS because their filters catch it or 
        airports who use the fire-fighting foam that is 
        required of them. We understand that some organizations 
        have tried to suggest these concerns are overblown--but 
        we strongly disagree. The few exceptions in CERCLA are 
        not likely to be meaningful and EPA's enforcement 
        discretion is no comfort based upon the facts of 
        CERCLA's history. Rena Steinzor, founder and former 
        president of the Center for Progressive Regulation, in 
        a 1995 article for the Environmental Law Reporter, 
        wrote:

          ``Counties, cities, and towns did not participate 
        actively in the Superfund debate until they were swept 
        up in one of the first and more intense waves of third-
        party contribution lawsuits. According to the national 
        coalition they formed to secure legislative relief some 
        650 counties, cities, and towns in 12 states were 
        ultimately affected by such cases. The suits share a 
        common profile: They were brought by well-known, 
        national corporations that EPA had named as PRPs 
        because they sent liquid hazardous waste to a site that 
        was also used by surrounding communities for the 
        disposal of ordinary garbage and sewage sludge.''
          ``As the debate matured [CERCLA authorization], they 
        broadened their agenda to include relief for the 
        counties, cities, and towns that actually owned and 
        operated these sites and faced staggering liability 
        they could not afford without diverting funds from 
        essential public services.''

          3.  We are concerned that the story of Superfund is 
        that nothing is remotely fast, it is always more 
        expensive than you think, and the stigma of the 
        designation itself scars a community's economy and 
        dampens its future economic prospects. This will only 
        create more burdens for communities seeking a way out 
        of this mess.
          4. We are concerned that market deselection pressures 
        from a CERCLA designation--regardless of prior 
        government approval--and fear of future liability will 
        create de facto bans on items that rely on PFAS 
        properties for performance characteristics; resulting 
        in future uncertainty courtesy of legislative fiat and 
        massive regulatory ambiguity.
          5. We are concerned that these provisions cannot 
        become law and may endanger more commonsense proposals 
        from being enacted.
    CERCLA, though is not the only matter that causes our 
objection to the entirety of H.R. 535 as amended. There are 
other troublesome provisions--some of which are addressed 
below.
    Section 3 potentially could help EPA better understand the 
health and environment effects of perfluoroalkyl and 
polyfluoroalkyl substances; but, we are concerned that the 
testing requirement applies to each of the 5,000 PFAS 
chemicals--a task we think will be enormously expensive and 
time consuming. For example, if EPA were required to classify 
the chemicals by subgroup that would help speed along the 
creation of this information. Additionally, we have questions 
about how this authority might unfold from a practicality 
standpoint. This could be resolved in a way that makes better 
sense for EPA, the public, and the manufacturers, but as 
written today, it does not.
    Section 4 is troublesome as well; it places a 5-year 
moratorium, under section 5 of the Toxic Substances Control 
Act, on the introduction of new perfluoroalkyl and 
polyfluoroalkyl substances or new uses of existing 
perfluoroalkyl and polyfluoroalkyl substances. The current 
standard in TSCA prevents market access for new chemicals or 
new uses of an existing chemical unless EPA determines the 
chemical is not likely to present an unreasonable risk to 
health or the environment--without ANY consideration of cost or 
other non-risk factors--including an unreasonable risk to 
vulnerable and susceptible populations. If it does not meet 
that test, it is restricted in some way. Section 4 disregards 
this fact. We note that new chemistries are often designed to 
replace older and potentially more toxic chemistries. This bill 
would disincentivize innovation and production of new 
chemicals, which may replace existing chemicals in commerce. As 
written, we cannot support this section.
    Section 5 is objectionable because it would require 
significant changes to the operation of existing law and it 
would do so in a way that would make regulation impracticable. 
In order to reach a compromise on legislation that actually 
could be enacted, we were prepared to accept provisions 
expediting the promulgation of national primary drinking water 
standards for PFAS chemicals, including at a minimum, PFOA and 
PFOS under Safe Drinking Water Act (SDWA) section 1412(b). We 
also could accept reluctantly the mandatory issuance under SDWA 
section 1412(b)(1)(F) of nonregulatory, unenforceable health 
advisories for any PFAS chemical of class of PFAS chemicals 
once EPA has finalized a toxicity value for that chemical and 
issued a validated, effective quality control and testing 
procedure for it. What deviated too far from existing law and 
was too concerning was a new requirement in section 5 to SDWA 
section 1412 (b) that these new regulations must protect the 
health of subpopulations at greater risk.
    We support the protection of vulnerable populations. EPA 
has used in utero exposures to justify national primary 
drinking water regulation of perchlorate, children's mental 
development to support Lead and Copper Rule requirements under 
SDWA, and concern for AIDS patients to support e. coli 
regulations under SDWA. Moreover, SDWA guarantees that EPA 
prioritize selecting contaminants for the regulatory process 
that present the greatest public health concern, including on 
vulnerable and susceptible populations. It separately requires 
that the consideration of adverse effects on these persons 
offset any costs that would discourage promulgation of a 
protective rule.
    This provision though was not meant to augment existing 
processes or meet a demonstrated gap in Federal law. Rather, it 
was intended to blunt the requirements in SDWA for economically 
and technically feasible drinking water regulations. 
Recognizing that the expedited timelines in section 5 were 
already going to force EPA to give less attention to the 
science, costs, and practicality of these regulations; we think 
it is unreasonable to force EPA to write a rule, require that 
it be done faster than otherwise required, and to add new 
requirements on EPA to identify and be able to demonstrate a 
rule's protectiveness for a subpopulation while simultaneously 
hamstringing any effort to address community compliance or 
whether there is effective technology to meet this new 
standard.
    Finally, we are concerned about the provisions in section 
16 from both a practical and technical perspective. Section 16 
applies to all disposed materials containing perfluoroalkyl and 
polyfluoroalkyl substances and requires the promulgation of 
regulation within 6 months of the date of enactment--a 
Herculean task considering the scope. We are further concerned 
that the amendment is requiring the treatment of this solid 
waste as hazardous waste and what that would mean for waste 
separation and municipal trash collection, including costs on 
consumers and local governments. Finally, we are concerned that 
the incineration standard in section 16 is infeasible; leaving 
municipal incinerators legally liable for not attaining 
compliance with a standard that is impossible to achieve.
    There are other sections in H.R. 535, as amended, that we 
would have been willing to accept in order to get legislation 
signed into law; but the cumulative burden of the concerns from 
the items listed above was too much to warrant support for the 
entire package.
    It was for this reason, we offered at the full committee 
markup an alternate package of legislative provisions to 
address PFAS (the substitute amendment offered by Rep. Shimkus 
(IL-15)). These provisions were not our preferred way to 
address these matters, but a good faith offer we felt confident 
could become law before the end of the year. These include:
           Requiring EPA to come up with National 
        Primary Drinking Water Standards for PFAS within 2 
        years, with a focus on ensuring regulation of PFOA and 
        PFOS at a minimum;
           Creating a process for other PFAS substances 
        to receive more expeditious regulatory treatment under 
        the Safe Drinking Water Act based upon certain 
        scientific findings;
           Requiring EPA to force drinking water 
        systems to monitor for unregulated PFAS for which there 
        are validated methods. This would mean 18 PFAS 
        chemicals would also be monitored for during the fifth 
        unregulated contaminant monitoring rule;
           Preventing enforcement against drinking 
        water systems for the first 5 years of these 
        regulations to allow systems to get up to speed on 
        implementing these rules;
           Providing grants to communities to address 
        emerging contaminants in drinking water, to ensure that 
        the next PFAS will not have to wait for Congress to 
        respond;
           Requiring new reporting of PFAS under the 
        Toxic Release Inventory program. More well known PFAS 
        for which there are health questions would be reported 
        and other PFAS that later show toxicity concerns would 
        be added. Importantly, should future science show that 
        a certain PFAS does not qualify for reporting, the 
        substance could come of the list;
           Requiring manufacturers and processors of 
        PFAS to submit the health and safety information they 
        have on these chemicals to EPA so EPA can try to better 
        understand how severe the problem of PFAS is to human 
        health;
           Requiring EPA to complete a rule under the 
        Toxic Substances Control Act to place restrictions on 
        new uses of long chain PFAS;
           Requiring EPA to issue guidance for 
        appropriate destruction and disposal of PFAS, including 
        biosolids, spent filters, landfill leachate and 
        firefighting foam; and
           Requiring the Federal government to work 
        expeditiously with States to enter into binding 
        Cooperative Agreements concerning cleanup of PFAS. By 
        law these agreements would require the lower of 
        appropriate Federal or state standards. This is REAL 
        cleanup without litigation or CERCLA.
    We are disappointed that our Majority colleagues agreed 
these could become law, but unanimously opposed them in favor 
of the provisions they authored; but that could not soon be 
enacted.
    Notably, several of the provisions in the Shimkus 
substitute amendment were in fact signed into law on December 
20, 2019, as part of the 2020 National Defense Authorization 
Act. Those enacted provisions will spur immediate federal and 
state action to begin addressing PFAS in communities throughout 
the country.

                                      John Shimkus (IL-15),
                                                Member of Congress.