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116th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     116-366

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

 
   PROVIDING FOR CONSIDERATION OF 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

                                _______
                                

  January 7, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Scanlon, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 779]

    The Committee on Rules, having had under consideration 
House Resolution 779, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 535, the 
PFAS Action Act of 2019, under a structured rule. The 
resolution provides one hour of general debate on the bill 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 116-45, modified by the amendment printed in 
Part A of this report, shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution makes in order only those further 
amendments printed in Part B of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in Part B of this report. The resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 535 includes waivers of the following:
     Clause 10 of rule XXI, which prohibits 
consideration of a measure that has a net effect of increasing 
the deficit or reducing the surplus over the five- or 10-year 
period.
     Clause 12(a)(1) of rule XXI, which prohibits 
consideration of a bill unless there is a searchable electronic 
comparative print that shows how the bill proposes to change 
current law.
     Clause 12(b) of rule XXI, which prohibits 
consideration of a bill unless there is a searchable electronic 
comparative print that shows how the text of the bill as 
proposed to be considered differs from the text of the bill as 
reported.
     Section 425 of the Congressional Budget Act, which 
prohibits consideration of (1) any legislation referred by a 
committee until the committee publishes the CBO's statement on 
the direct costs of Federal mandates and (2) any legislation 
that would increase the direct costs of Federal 
intergovernmental mandates beyond $50,000,000 (adjusted for 
inflation) unless the legislation provides for new budget 
authority or the legislation appropriates sufficient funds to 
cover the new costs.
    Although the resolution waives all points of order against 
provisions in H.R. 535, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 225

    Motion by Mr. Cole to report an open rule. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 226

    Motion by Mr. Burgess to amend the rule to H.R. 535 to make 
in order amendment #39, offered by Rep. Shimkus (IL), which 
strikes Section 2 through Section 18 of the bill, and replaces 
it with a provision mandating that EPA establish national 
primary drinking water regulations for PFOA and PFOS within 2 
years, as well as expedite the setting of such regulations for 
other PFAS chemicals. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 227

    Motion by Ms. Scanlon to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mrs. Lesko........................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. DeSaulnier..................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

  SUMMARY OF THE AMENDMENT TO H.R. 535 IN PART A CONSIDERED AS ADOPTED

    1. Pallone (NJ): Makes technical changes in recognition of 
the fact that several sections of the bill have already been 
enacted into law and creates an exemption from liability for 
federally required uses of PFAS at airports, so long as such 
use follows FAA standards and guidance.

     SUMMARY OF THE AMENDMENTS TO H.R. 535 IN PART B MADE IN ORDER

    1. Woodall (GA), DeSaulnier (CA): Amends Section 18 to 
ensure the FAA and State and local building code inspectors and 
fire marshals are at the guidance-making table. This will 
result in a broader collaborative dialogue that includes the 
risks posed by the use of foam suppression systems in aviation 
hangars. (10 minutes)
    2. Burgess (TX): Strikes Section 2, which directs the EPA 
to designate PFAS as hazardous substances under the 
Comprehensive Environmental Response, Compensation, and 
Liability Act. (10 minutes)
    3. Shimkus (IL): Replaces section 5 of the Rules Committee 
Print with the same language except for the deletion of 
subparagraph (E) Health Protection, and subparagraph (H) Health 
Advisory. (10 minutes)
    4. Hudson (NC), Rouzer (NC): Directs the EPA to investigate 
methods to prevent contamination by GenX of surface waters, 
including source waters used for drinking water purposes. (10 
minutes)
    5. Hudson (NC), Rouzer (NC): Clarifies that communities 
impacted by contamination of the chemical GenX are eligible for 
grants under this section. (10 minutes)
    6. Balderson (OH): Prevents implementation of the 
underlying bill until after the EPA Administrator certifies 
that its own PFAS Action Plan is completed. (10 minutes)
    7. Delgado (NY), Pappas (NH), Rouda (CA), Fitzpatrick (PA), 
Cisneros (CA), Kildee (MI): Makes it illegal for an industrial 
facility to introduce PFAS into a sewage treatment system 
without first disclosing information about that substance. (10 
minutes)
    8. Pingree (ME), Spanberger (VA): Expands EPA's Safer 
Choice Program to include carpets, rugs, clothing, and 
upholstered furniture that do not contain PFAS. (10 minutes)
    9. Kildee (MI), Kind (WI), Gallagher (WI): Creates a tool 
on EPA's website to help people understand testing results for 
their well water and connect them to local health and 
government resources and authorizes $1 million to be 
appropriated for fiscal year 2021 to carry this out. (10 
minutes)
    10. Lawrence (MI): Requires the EPA to make publicly 
available on its website, the results of a determination under 
subsection 2(b) no later than 60 days after such determination 
is made. (10 minutes)
    11. Rice, Kathleen (NY), King, Peter (NY), Fitzpatrick 
(PA), Grijalva (AZ), Suozzi (NY), Cisneros (CA), Stevens (MI): 
Increases authorization of appropriations for the PFAS 
Infrastructure Grant Program by 25 percent and designates the 
increase for reimbursing affected community water systems that 
have previously implemented eligible treatment technologies. 
(10 minutes)
    12. Brown (MD): Requires the Administrator of the 
Environmental Protection Agency to develop a national risk-
communication strategy to inform the public about the hazards 
of PFAS substances. (10 minutes)
    13. Pappas (NH), Rouda (CA), Delgado (NY), Fitzpatrick 
(PA), Kuster (NH), Cisneros (CA), Kildee (MI): Requires the 
Administrator of the Environmental Protection Agency to review 
and develop effluent standards, pretreatment standards, and 
water quality criteria for PFAS under the Federal Water 
Pollution Control Act. Authorizes $100,000,000 in federal 
grants for each of the fiscal years 2021 through 2025, to 
publicly owned treatment works to implement pretreatment 
standards. (10 minutes)
    14. Plaskett (VI): Makes U.S. territories eligible for 
additional Safe Drinking Water Act funding to address emerging 
contaminants including PFAS. (10 minutes)
    15. Brindisi (NY), Gallagher (WI), Reed (NY): Requires the 
EPA, within 180 days, to issue a final rule listing PFOS and 
PFOA as hazardous air pollutants under the Clean Air Act, while 
ensuring that EPA has access to the needed science before 
making regulatory decisions on other PFAS chemicals, to 
harmonize with other Comprehensive Environmental Response, 
Compensation, and Liability Act provisions in the bill. (10 
minutes)
    16. Kim (NJ): Requires the EPA Administrator to offer for 
public comment those technologies deemed as effective at 
removing detectable amounts of PFAS from drinking water. (10 
minutes)
    17. Golden (ME): Directs the EPA Administrator, in 
consultation with the U.S. Fire Administration, to submit an 
annual report to Congress on the effectiveness of the guidance 
required under Section 18 of the bill. The report shall include 
recommendations for congressional actions that the 
Administrator determines appropriate to assist efforts to 
reduce exposure to PFAS by firefighters and other first 
responders. (10 minutes)
    18. Axne (IA): Authorizes the PFAS Infrastructure Grant 
Program for an additional three years. (10 minutes)
    19. Tlaib (MI), Ocasio-Cortez (NY), Barragan (CA): Adds the 
term ``disproportionately exposed communities'' to 
``disadvantaged communities.'' Disproportionately exposed 
communities are defined as those in which climate change, 
pollution, or environmental destruction have exacerbated 
systemic racial, regional, social, environmental, and economic 
injustices by disproportionately affecting indigenous peoples, 
communities of color, migrant communities, deindustrialized 
communities, depopulated rural communities, the poor, low-
income workers, women, the elderly, the unhoused, people with 
disabilities, or youth. (10 minutes)
    20. Malinowski (NJ): Adds stain resistant, water resistant, 
and grease resistant coatings that are not subject to 
requirements under section 409 of the Federal Food, Drug, and 
Cosmetic Act to the list of products eligible for a voluntary 
label indicating an absence of PFAS. (10 minutes)
    21. Levin, Andy (MI): Requires within 5 years a study of 
EPA actions under CERCLA to clean up PFAS contamination sites. 
(10 minutes)
    22. Slotkin (MI): Requires the Administrator of the 
Environmental Protection Agency (EPA), in consultation with 
other relevant government agencies, to report to Congress on 
efforts to identify viable alternatives to firefighting foam 
and other related equipment containing PFAS. (10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 535 CONSIDERED AS ADOPTED

  Page 2, after line 15, insert the following:
  (c) Airport Sponsors.--
          (1) In general.--No sponsor, including a sponsor of 
        the civilian portion of a joint-use airport or a 
        shared-use airport (as such terms are defined in 
        section 139.5 of title 14, Code of Federal Regulations 
        (or a successor regulation)), shall be liable under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the 
        costs of responding to, or damages resulting from, a 
        release to the environment of a perfluoroalkyl or 
        polyfluoroalkyl substance designated as a hazardous 
        substance under section 102(a) of such Act that 
        resulted from the use of aqueous film forming foam 
        agent, if such use was--
                  (A) required by the Federal Aviation 
                Administration for compliance with part 139 of 
                title 14, Code of Federal Regulations; and
                  (B) carried out in accordance with Federal 
                Aviation Administration standards and guidance 
                on the use of such substance.
          (2) Sponsor defined.--In this subsection, the term 
        ``sponsor'' has the meaning given such term in section 
        47102 of title 49, United States Code.
  In section 7, strike ``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))'' and insert ``section 1412(b)(16) of the Safe 
Drinking Water Act''.
  In section 13, in the matter proposed to be added as section 
1459E of the Safe Drinking Water Act, insert after subsection 
(d) the following:
  ``(e) No Increased Bonding Authority.--Amounts awarded to 
affected community water systems under this section may not be 
used as a source of payment of, or security for (directly or 
indirectly), in whole or in part, any obligation the interest 
on which is exempt from the tax imposed under chapter 1 of the 
Internal Revenue Code of 1986.''
  In section 16, in the section header, insert ``UNSAFE'' 
before ``WASTE INCINERATION''.
  In section 17, in the section header, strike ``POTS, PANS, 
AND COOKING UTENSILS'' and insert ``PFAS-FREE PRODUCTS''.
  In section 17(a), in the subsection header, strike ``Pots, 
Pans, and Cooking Utensils'' and insert ``PFAS-free Products''.
  In section 17(a)(2), strike ``voluntary label available'' and 
insert ``a voluntary label that is available''.
  In section 18(b), insert ``and other related equipment'' 
after ``used in firefighting foam''.
  Strike sections 6, 8, 9, 10, 11, 12, and 14.

          PART B--TEXT OF AMENDMENTS TO H.R. 535 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Woodall of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 47, line 7, insert ``, Federal Aviation 
Administration,'' after ``U.S. Fire Administration''.
  Page 47, line 8, insert ``and representatives of State and 
local building and fire code enforcement jurisdictions'' after 
``departments or agencies''.
  Page 47, line 9, insert ``, or contact with,'' after ``use 
of''.
                              ----------                              


2. An Amendment To Be Offered by Representative Burgess of Texas or His 
                   Designee, Debatable for 10 Minutes

  Strike section 2.
                              ----------                              


3. An Amendment To Be Offered by Representative Shimkus of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Strike section 5 and insert the following:

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 in 
                accordance with this subsection 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 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 (F)(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 subject to the 
                national primary drinking water regulation.
                  ``(E) 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.
                  ``(F) 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.''.
                              ----------                              


    4. An Amendment To Be Offered by Representative Hudson of North 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end, add the following:

SEC. 19. INVESTIGATION OF PREVENTION OF CONTAMINATION BY GENX.

  The Administrator of the Environmental Protection Agency 
shall investigate methods and means to prevent contamination by 
GenX of surface waters, including source waters used for 
drinking water purposes.
                              ----------                              


    5. An Amendment To Be Offered by Representative Hudson of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 37, line 20, insert ``, including the chemical GenX'' 
after ``carbon atom''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Balderson of Ohio or 
                 His Designee, Debatable for 10 Minutes

  At the end, add the following:

SEC. 19. EFFECTIVE DATE.

  This Act and the amendments made by this Act shall not take 
effect until the date that the Administrator of the 
Environmental Protection Agency certifies that the 
Environmental Protection Agency has completed the actions 
described in the document titled ``EPA's Per- and 
Polyfluoroalkyl Substances (PFAS) Action Plan'' and dated 
February, 2019.
                              ----------                              


7. An Amendment To Be Offered by Representative Delgado of New York or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. __. DISCLOSURE OF INTRODUCTIONS OF PFAS.

  (a) In General.--The introduction of any perfluoroalkyl or 
polyfluoroalkyl substance by the owner or operator of an 
industrial source shall be unlawful unless such owner or 
operator first notifies the owner or operator of the applicable 
treatment works of--
          (1) the identity and quantity of such substance;
          (2) whether such substance is susceptible to 
        treatment by such treatment works; and
          (3) whether such substance would interfere with the 
        operation of the treatment works.
  (b) Violations.--A violation of this section shall be treated 
in the same manner as a violation of a regulation promulgated 
under subsection 307(b) of the Federal Water Pollution Control 
Act (33 U.S.C. 1317(b)).
  (c) Definitions.--In this section:
          (1) Introduction.--The term ``introduction'' means 
        the introduction of pollutants into treatment works, as 
        described in section 307(b) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1317).
          (2) Treatment works.--The term ``treatment works'' 
        has the meaning given that term in section 212 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1292).
                              ----------                              


8. An Amendment To Be Offered by Representative Pingree of Maine or Her 
                   Designee, Debatable for 10 Minutes

  Page 46, line 12, strike ``or cooking utensil'' and insert 
``cooking utensil, carpet, or rug, clothing, or upholstered 
furniture''.
  Page 46, beginning on line 14, strike ``or cooking utensil'' 
and insert ``cooking utensil, carpet, rug, clothing, or 
upholstered furniture''.
  Page 46, beginning on line 17, strike ``or cooking utensil'' 
and insert ``cooking utensil, carpet, rug, clothing, or 
upholstered furniture''.
                              ----------                              


 9. An Amendment To Be Offered by Representative Kildee of Michigan or 
                 His Designee, Debatable for 10 Minutes

  At the end, add the following section:

SEC. 19. HOUSEHOLD WELL WATER TESTING WEBSITE.

  (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall establish a website containing 
information relating to the testing of household well water.
  (b) Contents.--The Administrator shall include on the website 
established under subsection (a) the following:
          (1) Information on how to get groundwater that is the 
        source for a household water well tested by a well 
        inspector who is certified by a qualified third party.
          (2) A list of laboratories that analyze water samples 
        and are certified by a State or the Administrator.
          (3) State-specific information, developed in 
        coordination with each State, on naturally occurring 
        and human-induced contaminants.
          (4) Information that, using accepted risk 
        communication techniques, clearly communicates whether 
        a test result value exceeds a level determined by the 
        Administrator or the State to pose a health risk.
          (5) Information on treatment options, including 
        information relating to water treatment systems 
        certified by the National Science Foundation or the 
        American National Standards Institute, and people who 
        are qualified to install such systems.
          (6) A directory of whom to contact to report a test 
        result value that exceeds a level determined by the 
        Administrator or the State to pose a health risk.
          (7) Information on financial assistance that is 
        available for homeowners to support water treatment, 
        including grants under section 306E of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1926e) and 
        State resources.
          (8) Any other information the Administrator considers 
        appropriate.
  (c) Coordination.--The Administrator shall coordinate with 
the Secretary of Health and Human Services, the Secretary of 
Agriculture, and appropriate State agencies in carrying out 
this section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $1,000,000 for fiscal 
year 2021.
                              ----------                              


 10. An Amendment To Be Offered by Representative Lawrence of Michigan 
               or Her Designee, Debatable for 10 Minutes

  At the end of section 2, add the following:
  (c) Public Availability.--Not later than 60 days after making 
a determination under subsection (b), the Administrator of the 
Environmental Protection Agency shall make the results of such 
determination publicly available on the website of the 
Environmental Protection Agency.
                              ----------                              


 11. An Amendment To Be Offered by Representative Rice of New York or 
                 Her Designee, Debatable for 10 Minutes

  Page 37, lines 1 through 4, amend subsection (e) to read as 
follows:
  ``(e) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be 
        appropriated to carry out this section not more than 
        $125,000,000 for each of fiscal years 2020 and 2021.
          ``(2) Special rule.--Of the amounts authorized to be 
        appropriated by paragraph (1), $25,000,000 are 
        authorized to be appropriated for each of fiscal years 
        2020 and 2021 for grants under subsection (a) to pay 
        for capital costs associated with the implementation of 
        eligible treatment technologies during the period 
        beginning on October 1, 2014, and ending on the date of 
        enactment of this section.
                              ----------                              


 12. An Amendment To Be Offered by Representative Brown of Maryland or 
                 His Designee, Debatable for 10 Minutes

  At the end of the committee print, insert the following new 
section:

SEC. 19. RISK-COMMUNICATION STRATEGY.

  The Administrator of the Environmental Protection Agency 
shall develop a risk-communication strategy to inform the 
public about the hazards or potential hazards of perfluoroalkyl 
and polyfluoroalkyl substances, or categories of perfluoroalkyl 
and polyfluoroalkyl substances, by--
          (1) disseminating information about the risks or 
        potential risks posed by such substances or categories 
        in land, air, water (including drinking water), and 
        products;
          (2) notifying the public about exposure pathways and 
        mitigation measures through outreach and educational 
        resources; and
          (3) consulting with States that have demonstrated 
        effective risk-communication strategies for best 
        practices in developing a national risk-communication 
        strategy.
                              ----------                              


    13. An Amendment To Be Offered by Representative Pappas of New 
          Hampshire or His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. __. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT STANDARDS, 
                    AND WATER QUALITY CRITERIA FOR PFAS.

  (a) Review and Regulation of Substances and Sources.--
          (1) Review.--
                  (A) In general.--As soon as practicable, but 
                not later than September 30, 2021, and 
                biennially thereafter, the Administrator shall 
                publish in the Federal Register a plan under 
                subsection (m) of section 304 of the Federal 
                Water Pollution Control Act (33 U.S.C. 1314) 
                that contains the results of a review, 
                conducted in accordance with such section, of 
                the introduction or discharge of perfluoroalkyl 
                and polyfluoroalkyl substances from classes and 
                categories of point sources (other than 
                publicly owned treatment works).
                  (B) Inclusions.--The Administrator shall 
                include in each plan published pursuant to 
                subparagraph (A)--
                          (i) information on potential 
                        introduction or discharges of 
                        perfluoroalkyl and polyfluoroalkyl 
                        substances;
                          (ii) any information gaps on such 
                        introduction or discharges and the 
                        process by which the Administrator will 
                        address such gaps;
                          (iii) for each measurable 
                        perfluoroalkyl and polyfluoroalkyl 
                        substance that is not on the list of 
                        toxic pollutants described in section 
                        307(a) of the Federal Water Pollution 
                        Control Act, a determination, in 
                        accordance with the requirements of 
                        such section, whether or not to add the 
                        substance to such list; and
                          (iv) a determination, in accordance 
                        with the requirements of the Federal 
                        Water Pollution Control Act, whether or 
                        not to establish effluent limitations 
                        and pretreatment standards for the 
                        introduction or discharge of each 
                        substance described in clause (iii) 
                        that the Administrator determines under 
                        such clause not to add to such list and 
                        for which the Administrator has not 
                        developed such limitations or 
                        standards.
          (2) Regulation.--Based on the results of each review 
        conducted under paragraph (1) and in accordance with 
        the requirements of the Federal Water Pollution Control 
        Act, the Administrator shall--
                  (A) in accordance with the plan published 
                under paragraph (1), as soon as practicable--
                          (i) for each measurable 
                        perfluoroalkyl and polyfluoroalkyl 
                        substance that the Administrator 
                        determines under paragraph (1)(B)(iii) 
                        to add to the list of toxic pollutants 
                        described in section 307(a) of such 
                        Act, initiate the process for adding 
                        the substance to such list; and
                          (ii) for each measurable 
                        perfluoroalkyl and polyfluoroalkyl 
                        substance that the Administrator 
                        determines under paragraph (1)(B)(iv) 
                        to establish effluent limitations and 
                        pretreatment standards, establish such 
                        effluent limitations and pretreatment 
                        standards (which limitations and 
                        standards may be established by 
                        substance or by class or category of 
                        substances); and
                  (B) not later than 2 years after the date on 
                which each plan is published under paragraph 
                (1), publish human health water quality 
                criteria for measurable perfluoroalkyl and 
                polyfluoroalkyl substances and classes and 
                categories of perfluoroalkyl and 
                polyfluoroalkyl substances for which the 
                Administrator has not published such criteria.
  (b) Deadlines for Covered Perfluoroalkyl Substances.--
          (1) Water quality criteria.--Not later than 2 years 
        after the date of enactment of this section, the 
        Administrator shall publish in the Federal Register 
        human health water quality criteria for each covered 
        perfluoroalkyl substance.
          (2) Effluent limitations and pretreatment standards 
        for priority industry categories.--As soon as 
        practicable, but not later than 4 years after the date 
        of enactment of this section, the Administrator shall 
        publish in the Federal Register a final rule 
        establishing, for each priority industry category, 
        effluent limitations and pretreatment standards for the 
        introduction or discharge of each covered 
        perfluoroalkyl substance.
  (c) Notification.--The Administrator shall notify the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate of each publication made under this 
section.
  (d) Implementation Assistance for Publicly Owned Treatment 
Works.--
          (1) In general.--The Administrator shall award 
        grants, in amounts not to exceed $100,000, to owners 
        and operators of publicly owned treatment works, to be 
        used for the implementation of a pretreatment standard 
        developed by the Administrator for a perfluoroalkyl or 
        polyfluoroalkyl substance.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Administrator to 
        carry out this subsection $100,000,000 for each of 
        fiscal years 2021 through 2025, to remain available 
        until expended.
  (e) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          (2) Covered perfluoroalkyl substance.--The term 
        ``covered perfluoroalkyl substance'' means 
        perfluorooctanoic acid, perfluorooctane sulfonic acid, 
        or a salt associated with perfluorooctanoic acid or 
        perfluorooctane sulfonic acid.
          (3) Effluent limitation.--The term ``effluent 
        limitation'' means an effluent limitation under section 
        301(b) of the Federal Water Pollution Control Act (33 
        U.S.C. 1311).
          (4) Introduction.--The term ``introduction'' means 
        the introduction of pollutants into treatment works, as 
        described in section 307(b) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1317).
          (5) Measurable.--The term ``measurable'' means, with 
        respect to a chemical substance or class or category of 
        chemical substances, capable of being measured using--
                  (A) test procedures established under section 
                304(h) of the Federal Water Pollution Control 
                Act (33 U.S.C. 1314);
                  (B) applicable protocols and methodologies 
                required pursuant to section 4(a) of the Toxic 
                Substances Control Act (15 U.S.C. 2603); or
                  (C) any other analytical method developed by 
                the Administrator for detecting pollutants, as 
                such term is defined in section 502 of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1362).
          (6) Pretreatment standard.--The term ``pretreatment 
        standard'' means a pretreatment standard under section 
        307(b) of the Federal Water Pollution Control Act (33 
        U.S.C. 1317).
          (7) Priority industry category.--The term ``priority 
        industry category'' means the following point source 
        categories:
                  (A) Organic chemicals, plastics, and 
                synthetic fibers, as identified in part 414 of 
                title 40, Code of Federal Regulations.
                  (B) Pulp, paper, and paperboard, as 
                identified in part 430 of title 40, Code of 
                Federal Regulations.
                  (C) Textile mills, as identified in part 410 
                of title 40, Code of Federal Regulations.
          (8) Treatment works.--The term ``treatment works'' 
        has the meaning given that term in section 212 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1292).
          (9) Water quality criteria.--The term ``water quality 
        criteria'' means criteria for water quality under 
        section 304(a)(1) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1314).
                              ----------                              


  14. An Amendment To Be Offered by Representative Plaskett of Virgin 
           Islands or Her Designee, Debatable for 10 Minutes

  At the end of the committee print, add the following new 
section:

SEC. 19. ASSISTANCE TO TERRITORIES FOR ADDRESSING EMERGING 
                    CONTAMINANTS, WITH A FOCUS ON PERFLUOROALKYL AND 
                    POLYFLUOROALKYL SUBSTANCES.

  Section 1452(t) of the Safe Drinking Water Act (42 U.S.C. 
300j-12) is amended--
          (1) by redesignating paragraph (2) as paragraph (3); 
        and
          (2) by inserting after paragraph (1) the following 
        new paragraph:
          ``(2) Assistance to territories.--Of the amounts made 
        available under this subsection, the Administrator may 
        use funds to provide grants to the Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, American 
        Samoa, and Guam for the purpose of addressing emerging 
        contaminants, with a focus on perfluoroalkyl and 
        polyfluoroalkyl substances.''.
                              ----------                              


 15. An Amendment To Be Offered by Representative Brindisi of New York 
               or His Designee, Debatable for 10 Minutes

  Amend section 15(a) to read as follows:
  (a) Listing.--
          (1) Initial listing.--Not later than 180 days after 
        the date of enactment of this Act, the Administrator of 
        the Environmental Protection Agency shall issue a final 
        rule adding perfluorooctanoic acid and its salts, and 
        perfluoroactanesulfonic acid and its salts, to the list 
        of hazardous air pollutants under section 112(b) of the 
        Clean Air Act (42 U.S.C. 7412(b)).
          (2) Additional listings.--Not later than 5 years 
        after the date of enactment of this Act, the 
        Administrator of the Environmental Protection Agency 
        shall determine whether to issue, in accordance with 
        section 112 of the Clean Air Act (42 U.S.C. 7412), any 
        final rules adding perfluoroalkyl and polyfluoroalkyl 
        substances, other than those perfluoroalkyl and 
        polyfluoroalkyl substances listed pursuant to paragraph 
        (1), to the list of hazardous air pollutants under 
        section 112(b) of such Act.
  In section 15(b), strike ``the final rule'' and insert ``any 
final rule''.
                              ----------                              


 16. An Amendment To Be Offered by Representative Kim of New Jersey or 
                 His Designee, Debatable for 10 Minutes

    Page 36, line 12, insert ``, after providing an opportunity 
for public comment,'' after ``the Administrator''.
                              ----------                              


17. An Amendment To Be Offered by Representative Golden of Maine or His 
                   Designee, Debatable for 10 Minutes

  Page 47, after line 15, insert the following new subsection 
(and redesignate the subsequent subsection accordingly):
  (b) Annual Report.--Not later than two years after the date 
of the enactment of this Act, and annually thereafter, the 
Administrator, in consultation with the head of the U.S. Fire 
Administration, shall submit to Congress a report on the 
effectiveness of the guidance issued under subsection (a). Such 
report shall include recommendations for congressional actions 
that the Administrator determines appropriate to assist efforts 
to reduce exposure to PFAS by firefighters and the other 
persons described in subsection (a).
                              ----------                              


 18. An Amendment To Be Offered by Representative Axne of Iowa or Her 
                   Designee, Debatable for 10 Minutes

  Page 37, line 4, strike ``2021'' and insert ``2024''.
                              ----------                              


 19. An Amendment To Be Offered by Representative Tlaib of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Page 36, line 18, after ``a disadvantaged community'' insert 
``or a disproportionately exposed community''.
  Page 37, after line 13, insert the following new paragraph:
          ``(3) Disproportionately exposed community.--The term 
        `disproportionately exposed community' means a 
        community in which climate change, pollution, or 
        environmental destruction have exacerbated systemic 
        racial, regional, social, environmental, and economic 
        injustices by disproportionately affecting indigenous 
        peoples, communities of color, migrant communities, 
        deindustrialized communities, depopulated rural 
        communities, the poor, low-income workers, women, the 
        elderly, the unhoused, people with disabilities, or 
        youth.''.
  Page 37, line 14, strike ``(3)'' and insert ``(4)''.
  Page 37, line 18, strike ``(4)'' and insert ``(5)''.
                              ----------                              


  20. An Amendment To Be Offered by Representative Malinowski of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 46, line 12, strike ``or cooking utensil'' and insert 
``cooking utensil, or stain resistant, water resistant, or 
grease resistant coating not subject to requirements under 
section 409 of the Federal Food, Drug, and Cosmetic Act''.
  Page 46, beginning on line 14, strike ``or cooking utensil'' 
and insert ``cooking utensil, or stain resistant, water 
resistant, or grease resistant not subject to requirements 
under section 409 of the Federal Food, Drug, and Cosmetic 
Act''.
  Page 46, beginning on line 17, strike ``or cooking utensil'' 
and insert ``cooking utensil, or stain resistant, water 
resistant, or grease resistant coating not subject to 
requirements under section 409 of the Federal Food, Drug, and 
Cosmetic Act''.
                              ----------                              


 21. An Amendment To Be Offered by Representative Levin of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 2, after line 15, insert the following new subsection:
  (c) Review.--
          (1) In general.--Not later than 5 years after the 
        date of the enactment of this Act, the Administrator of 
        the Environmental Protection Agency shall submit to the 
        appropriate congressional committees a report 
        containing a review of actions by the Environmental 
        Protection Agency to clean up contamination of the 
        substances designated pursuant to subsection (a).
          (2) Matters included.-- The report under paragraph 
        (1) shall include an assessment of cleanup progress and 
        effectiveness, including the following:
                  (A) The number of sites where the 
                Environmental Protection Agency has acted to 
                remediate contamination of the substances 
                designated pursuant to subsection (a).
                  (B) Which types of chemicals relating to such 
                substances were present at each site and the 
                extent to which each site was contaminated.
                  (C) An analysis of discrepancies in cleanup 
                between Federal and non-Federal contamination 
                sites.
                  (D) Any other elements the Administrator may 
                determine necessary.
          (3) Appropriate congressional committees defined.--In 
        this subsection, the term ``appropriate congressional 
        committees'' means the following:
                  (A) The Committee on Energy and Commerce of 
                the House of Representatives.
                  (B) The Committee on the Environment and 
                Public Works of the Senate.
                              ----------                              


22. An Amendment To Be Offered by Representative Slotkin of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Page 47, after line 15, insert the following:
  (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency, in consultation with the head of the U.S. 
Fire Administration and other relevant Federal departments or 
agencies, shall report to Congress on the efforts of the 
Environmental Protection Agency and other relevant Federal 
departments and agencies to identify viable alternatives to 
firefighting foam and other related equipment containing any 
PFAS.

                                  [all]