116TH CONGRESS 

2D SESSION H. R. 535 

AN ACT 

To require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘PFAS Action Act of 2019’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Designation as hazardous substances. 

Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances. 

Sec. 4. Manufacturing and processing notices for perfluoroalkyl and 

polyfluoroalkyl substances. 

Sec. 5. National primary drinking water regulations for PFAS. 

Sec. 6. Enforcement. 

Sec. 7. Establishment of PFAS infrastructure grant program. 

Sec. 8. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air 

pollutants. 

Sec. 9. Prohibition on unsafe waste incineration of PFAS. 

Sec. 10. Label for PFAS-free products. 

Sec. 11. Guidance on minimizing the use of firefighting foam and other related 

equipment containing any PFAS. 

Sec. 12. Investigation of prevention of contamination by GenX. 

Sec. 13. Disclosure of introductions of PFAS. 

Sec. 14. Household well water testing website. 

Sec. 15. Risk-communication strategy. 

Sec. 16. Assistance to Territories for addressing emerging contaminants, with 

a focus on perfluoroalkyl and polyfluoroalkyl substances. 

Sec. 17. Clean Water Act effluent standards, pretreatment standards, and 

water quality criteria for PFAS. 

6 SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES. 

7 (a) DESIGNATION.—Not later than 1 year after the 

8 date of enactment of this Act, the Administrator of the 

9 Environmental Protection Agency shall designate 

10 perfluorooctanoic acid and its salts, and 

11 perfluoroactanesulfonic acid and its salts, as hazardous 

12 substances under section 102(a) of the Comprehensive En13 vironmental Response, Compensation, and Liability Act of 

14 1980 (42 U.S.C. 9602(a)). 
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1 (b) DEADLINE FOR ADDITIONAL DETERMINA2 TIONS.—Not later than 5 years after the date of enact3 ment of this Act, the Administrator of the Environmental 

4 Protection Agency shall determine whether to designate 

5 all perfluoroalkyl and polyfluoroalkyl substances, other 

6 than those perfluoroalkyl and polyfluoroalkyl substances 

7 designated pursuant to subsection (a), as hazardous sub8 stances under section 102(a) of the Comprehensive Envi9 ronmental Response, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9602(a)) individually or in groups. 

11 (c) AIRPORT SPONSORS.— 

12 (1) IN GENERAL.—No sponsor, including a 

13 sponsor of the civilian portion of a joint-use airport 

14 or a shared-use airport (as such terms are defined 

15 in section 139.5 of title 14, Code of Federal Regula16 tions (or a successor regulation)), shall be liable 

17 under the Comprehensive Environmental Response, 

18 Compensation, and Liability Act of 1980 (42 U.S.C. 

19 9601 et seq.) for the costs of responding to, or dam20 ages resulting from, a release to the environment of 

21 a perfluoroalkyl or polyfluoroalkyl substance des22 ignated as a hazardous substance under section 

23 102(a) of such Act that resulted from the use of 

24 aqueous film forming foam agent, if such use was— 
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1 (A) required by the Federal Aviation Ad2 ministration for compliance with part 139 of 

3 title 14, Code of Federal Regulations; and 

4 (B) carried out in accordance with Federal 

5 Aviation Administration standards and guid6 ance on the use of such substance. 

7 (2) SPONSOR DEFINED.—In this subsection, the 

8 term ‘‘sponsor’’ has the meaning given such term in 

9 section 47102 of title 49, United States Code. 

10 (d) PUBLIC AVAILABILITY.—Not later than 60 days 

11 after making a determination under subsection (b), the 

12 Administrator of the Environmental Protection Agency 

13 shall make the results of such determination publicly avail14 able on the website of the Environmental Protection Agen15 cy. 

16 (e) REVIEW.— 

17 (1) IN GENERAL.—Not later than 5 years after 

18 the date of the enactment of this Act, the Adminis19 trator of the Environmental Protection Agency shall 

20 submit to the appropriate congressional committees 

21 a report containing a review of actions by the Envi22 ronmental Protection Agency to clean up contamina23 tion of the substances designated pursuant to sub24 section (a). 
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1 (2) MATTERS INCLUDED.— The report under 

2 paragraph (1) shall include an assessment of clean3 up progress and effectiveness, including the fol4 lowing: 

5 (A) The number of sites where the Envi6 ronmental Protection Agency has acted to re7 mediate contamination of the substances des8 ignated pursuant to subsection (a). 

9 (B) Which types of chemicals relating to 

10 such substances were present at each site and 

11 the extent to which each site was contaminated. 

12 (C) An analysis of discrepancies in cleanup 

13 between Federal and non-Federal contamina14 tion sites. 

15 (D) Any other elements the Administrator 

16 may determine necessary. 

17 (3) APPROPRIATE CONGRESSIONAL COMMIT18 TEES DEFINED.—In this subsection, the term ‘‘ap19 propriate congressional committees’’ means the fol20 lowing: 

21 (A) The Committee on Energy and Com22 merce of the House of Representatives. 

23 (B) The Committee on the Environment 

24 and Public Works of the Senate. 
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1 SEC. 3. TESTING OF PERFLUOROALKYL AND 

2 POLYFLUOROALKYL SUBSTANCES. 

3 (a) TESTING REQUIREMENTS.—Section 4(a) of the 

4 Toxic Substances Control Act (15 U.S.C. 2603(a)) is 

5 amended by adding at the end the following: 

6 ‘‘(5) PERFLUOROALKYL AND

7 POLYFLUOROALKYL SUBSTANCES RULE.— 

8 ‘‘(A) RULE.—Notwithstanding paragraphs 

9 (1) through (3), the Administrator shall, by 

10 rule, require that comprehensive toxicity testing 

11 be conducted on all chemical substances that 

12 are perfluoroalkyl or polyfluoroalkyl substances. 

13 ‘‘(B) REQUIREMENTS.—In issuing a rule 

14 under subparagraph (A), the Administrator— 

15 ‘‘(i) may establish categories of 

16 perfluoroalkyl and polyfluoroalkyl sub17 stances based on hazard characteristics or 

18 chemical properties; 

19 ‘‘(ii) shall require the development of 

20 information relating to perfluoroalkyl and 

21 polyfluoroalkyl substances that the Admin22 istrator determines is likely to be useful in 

23 evaluating the hazard and risk posed by 

24 such substances in land, air, and water (in25 cluding drinking water), as well as in prod26 ucts; and 
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1 ‘‘(iii) may allow for varied or tiered 

2 testing requirements based on hazard char3 acteristics or chemical properties of 

4 perfluoroalkyl and polyfluoroalkyl sub5 stances or categories of perfluoroalkyl and 

6 polyfluoroalkyl substances. 

7 ‘‘(C) DEADLINES.—The Administrator 

8 shall issue— 

9 ‘‘(i) a proposed rule under subpara10 graph (A) not later than 6 months after 

11 the date of enactment of this paragraph; 

12 and 

13 ‘‘(ii) a final rule under subparagraph 

14 (A) not later than 2 years after the date 

15 of enactment of this paragraph.’’. 

16 (b) PERSONS SUBJECT TO RULE.—Section 4(b)(3) of 

17 the Toxic Substances Control Act (15 U.S.C. 2603(b)(3)) 

18 is amended— 

19 (1) in subparagraph (A), by striking ‘‘subpara20 graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 

21 (C), or (D)’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(D) A rule under subsection (a)(5) shall require the 

24 development of information by any person who manufac25 tures or processes, or intends to manufacture or process, 
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1 a chemical substance that is a perfluoroalkyl or 

2 polyfluoroalkyl substance.’’. 

3 (c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB4 STANCES.—Section 4 of the Toxic Substances Control Act 

5 (15 U.S.C. 2603) is amended by adding at the end the 

6 following: 

7 ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL

8 SUBSTANCES.— 

9 ‘‘(1) TESTING REQUIREMENT RULE.— 

10 ‘‘(A) PROTOCOLS AND METHODOLOGIES.— 

11 In determining the protocols and methodologies 

12 to be included pursuant to subsection (b)(1) in 

13 a rule under subsection (a)(5), the Adminis14 trator shall allow for protocols and methodolo15 gies that test chemical substances that are 

16 perfluoroalkyl and polyfluoroalkyl substances as 

17 a class. 

18 ‘‘(B) PERIOD.—In determining the period 

19 to be included pursuant to subsection (b)(1) in 

20 a rule under subsection (a)(5), the Adminis21 trator shall ensure that the period is as short 

22 as possible while allowing for completion of the 

23 required testing. 

24 ‘‘(2) EXEMPTIONS.—In carrying out subsection 

25 (c) with respect to a chemical substance that is a 
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1 perfluoroalkyl or polyfluoroalkyl substance, the Ad2 ministrator— 

3 ‘‘(A) may only determine under subsection 

4 (c)(2) that information would be duplicative if 

5 the chemical substance with respect to which 

6 the application for exemption is submitted is in 

7 the same category, as established under sub8 section (a)(5)(B)(i), as a chemical substance for 

9 which information has been submitted to the 

10 Administrator in accordance with a rule, order, 

11 or consent agreement under subsection (a) or 

12 for which information is being developed pursu13 ant to such a rule, order, or consent agreement; 

14 and 

15 ‘‘(B) shall publish a list of all such chem16 ical substances for which an exemption under 

17 subsection (c) is granted.’’. 

18 SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR 

19 PERFLUOROALKYL AND POLYFLUOROALKYL 

20 SUBSTANCES. 

21 Section 5 of the Toxic Substances Control Act (15 

22 U.S.C. 2604) is amended— 

23 (1) in subsection (h), by adding at the end the 

24 following: 
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1 ‘‘(7) This subsection does not apply to any chemical 

2 substance that is a perfluoroalkyl or polyfluoroalkyl sub3 stance.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL

6 SUBSTANCES.— 

7 ‘‘(1) DETERMINATION.—For a period of 5 

8 years beginning on the date of enactment of this 

9 subsection, any chemical substance that is a 

10 perfluoroalkyl or polyfluoroalkyl substance for which 

11 a notice is submitted under subsection (a) shall be 

12 deemed to have been determined by the Adminis13 trator to present an unreasonable risk of injury to 

14 health or the environment under paragraph (3)(A) 

15 of such subsection. 

16 ‘‘(2) ORDER.—Notwithstanding subsection 

17 (a)(3)(A), for a chemical substance described in 

18 paragraph (1) of this subsection, the Administrator 

19 shall issue an order under subsection (f)(3) to pro20 hibit the manufacture, processing, and distribution 

21 in commerce of such chemical substance.’’. 
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1 SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULA2 TIONS FOR PFAS. 

3 Section 1412(b) of the Safe Drinking Water Act (42 

4 U.S.C. 300g–1(b)) is amended by adding at the end the 

5 following: 

6 ‘‘(16) PERFLUOROALKYL AND

7 POLYFLUOROALKYL SUBSTANCES.— 

8 ‘‘(A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of this paragraph, 

10 the Administrator shall, after notice and oppor11 tunity for public comment, promulgate a na12 tional primary drinking water regulation for 

13 perfluoroalkyl and polyfluoroalkyl substances, 

14 which shall, at a minimum, include standards 

15 for— 

16 ‘‘(i) perfluorooctanoic acid (commonly 

17 referred to as ‘PFOA’); and 

18 ‘‘(ii) perfluorooctane sulfonic acid 

19 (commonly referred to as ‘PFOS’). 

20 ‘‘(B) ALTERNATIVE PROCEDURES.— 

21 ‘‘(i) IN GENERAL.—Not later than 1 

22 year after the validation by the Adminis23 trator of an equally effective quality con24 trol and testing procedure to ensure com25 pliance with the national primary drinking 

26 water regulation promulgated under sub-
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1 paragraph (A) to measure the levels de2 scribed in clause (ii) or other methods to 

3 detect and monitor perfluoroalkyl and 

4 polyfluoroalkyl substances in drinking 

5 water, the Administrator shall add the pro6 cedure or method as an alternative to the 

7 quality control and testing procedure de8 scribed in such national primary drinking 

9 water regulation by publishing the proce10 dure or method in the Federal Register in 

11 accordance with section 1401(1)(D). 

12 ‘‘(ii) LEVELS DESCRIBED.—The levels 

13 referred to in clause (i) are— 

14 ‘‘(I) the level of a perfluoroalkyl 

15 or polyfluoroalkyl substance; 

16 ‘‘(II) the total levels of 

17 perfluoroalkyl and polyfluoroalkyl sub18 stances; and 

19 ‘‘(III) the total levels of organic 

20 fluorine. 

21 ‘‘(C) INCLUSIONS.—The Administrator 

22 may include a perfluoroalkyl or polyfluoroalkyl 

23 substance or class of perfluoroalkyl or 

24 polyfluoroalkyl substances on— 
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1 ‘‘(i) the list of contaminants for con2 sideration of regulation under paragraph 

3 (1)(B)(i), in accordance with such para4 graph; and 

5 ‘‘(ii) the list of unregulated contami6 nants to be monitored under section 

7 1445(a)(2)(B)(i), in accordance with such 

8 section. 

9 ‘‘(D) MONITORING.—When establishing 

10 monitoring requirements for public water sys11 tems as part of a national primary drinking 

12 water regulation under subparagraph (A) or 

13 subparagraph (G)(ii), the Administrator shall 

14 tailor the monitoring requirements for public 

15 water systems that do not detect or are reliably 

16 and consistently below the maximum contami17 nant level (as defined in section 1418(b)(2)(B)) 

18 for the perfluoroalkyl or polyfluoroalkyl sub19 stance or class of perfluoroalkyl or 

20 polyfluoroalkyl substances subject to the na21 tional primary drinking water regulation. 

22 ‘‘(E) HEALTH PROTECTION.—The national 

23 primary drinking water regulation promulgated 

24 under subparagraph (A) shall be protective of 
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1 the health of subpopulations at greater risk, as 

2 described in section 1458. 

3 ‘‘(F) HEALTH RISK REDUCTION AND COST

4 ANALYSIS.—In meeting the requirements of 

5 paragraph (3)(C), the Administrator may rely 

6 on information available to the Administrator 

7 with respect to one or more specific 

8 perfluoroalkyl or polyfluoroalkyl substances to 

9 extrapolate reasoned conclusions regarding the 

10 health risks and effects of a class of 

11 perfluoroalkyl or polyfluoroalkyl substances of 

12 which the specific perfluoroalkyl or 

13 polyfluoroalkyl substances are a part. 

14 ‘‘(G) REGULATION OF ADDITIONAL SUB15 STANCES.— 

16 ‘‘(i) DETERMINATION.—The Adminis17 trator shall make a determination under 

18 paragraph (1)(A), using the criteria de19 scribed in clauses (i) through (iii) of that 

20 paragraph, whether to include a 

21 perfluoroalkyl or polyfluoroalkyl substance 

22 or class of perfluoroalkyl or polyfluoroalkyl 

23 substances in the national primary drink24 ing water regulation under subparagraph 
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1 (A) not later than 18 months after the 

2 later of— 

3 ‘‘(I) the date on which the 

4 perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances is listed on 

7 the list of contaminants for consider8 ation of regulation under paragraph 

9 (1)(B)(i); and 

10 ‘‘(II) the date on which— 

11 ‘‘(aa) the Administrator has 

12 received the results of monitoring 

13 under section 1445(a)(2)(B) for 

14 the perfluoroalkyl or 

15 polyfluoroalkyl substance or class 

16 of perfluoroalkyl or 

17 polyfluoroalkyl substances; or 

18 ‘‘(bb) the Administrator has 

19 received reliable water data or 

20 water monitoring surveys for the 

21 perfluoroalkyl or polyfluoroalkyl 

22 substance or class of 

23 perfluoroalkyl or polyfluoroalkyl 

24 substances from a Federal or 

25 State agency that the Adminis-
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1 trator determines to be of a qual2 ity sufficient to make a deter3 mination under paragraph 

4 (1)(A). 

5 ‘‘(ii) PRIMARY DRINKING WATER REG6 ULATIONS.— 

7 ‘‘(I) IN GENERAL.—For each 

8 perfluoroalkyl or polyfluoroalkyl sub9 stance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances that the 

11 Administrator determines to regulate 

12 under clause (i), the Administrator— 

13 ‘‘(aa) not later than 18 

14 months after the date on which 

15 the Administrator makes the de16 termination, shall propose a na17 tional primary drinking water 

18 regulation for the perfluoroalkyl 

19 or polyfluoroalkyl substance or 

20 class of perfluoroalkyl or 

21 polyfluoroalkyl substances; and 

22 ‘‘(bb) may publish the pro23 posed national primary drinking 

24 water regulation described in 

25 item (aa) concurrently with the 
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1 publication of the determination 

2 to regulate the perfluoroalkyl or 

3 polyfluoroalkyl substance or class 

4 of perfluoroalkyl or 

5 polyfluoroalkyl substances. 

6 ‘‘(II) DEADLINE.— 

7 ‘‘(aa) IN GENERAL.—Not 

8 later than 1 year after the date 

9 on which the Administrator pub10 lishes a proposed national pri11 mary drinking water regulation 

12 under clause (i)(I) and subject to 

13 item (bb), the Administrator 

14 shall take final action on the pro15 posed national primary drinking 

16 water regulation. 

17 ‘‘(bb) EXTENSION.—The 

18 Administrator, on publication of 

19 notice in the Federal Register, 

20 may extend the deadline under 

21 item (aa) by not more than 6 

22 months. 

23 ‘‘(H) HEALTH ADVISORY.— 

24 ‘‘(i) IN GENERAL.—Subject to clause 

25 (ii), the Administrator shall publish a 
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1 health advisory under paragraph (1)(F) for 

2 a perfluoroalkyl or polyfluoroalkyl sub3 stance or class of perfluoroalkyl or 

4 polyfluoroalkyl substances not subject to a 

5 national primary drinking water regulation 

6 not later than 1 year after the later of— 

7 ‘‘(I) the date on which the Ad8 ministrator finalizes a toxicity value 

9 for the perfluoroalkyl or 

10 polyfluoroalkyl substance or class of 

11 perfluoroalkyl or polyfluoroalkyl sub12 stances; and 

13 ‘‘(II) the date on which the Ad14 ministrator validates an effective qual15 ity control and testing procedure for 

16 the perfluoroalkyl or polyfluoroalkyl 

17 substance or class of perfluoroalkyl or 

18 polyfluoroalkyl substances. 

19 ‘‘(ii) WAIVER.—The Administrator 

20 may waive the requirements of clause (i) 

21 with respect to a perfluoroalkyl or 

22 polyfluoroalkyl substance or class of 

23 perfluoroalkyl and polyfluoroalkyl sub24 stances if the Administrator determines 

25 that there is a substantial likelihood that 
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1 the perfluoroalkyl or polyfluoroalkyl sub2 stance or class of perfluoroalkyl or 

3 polyfluoroalkyl substances will not occur in 

4 drinking water with sufficient frequency to 

5 justify the publication of a health advisory, 

6 and publishes such determination, includ7 ing the information and analysis used, and 

8 basis for, such determination, in the Fed9 eral Register.’’. 

10 SEC. 6. ENFORCEMENT. 

11 Notwithstanding any other provision of law, the Ad12 ministrator of the Environmental Protection Agency may 

13 not impose financial penalties for the violation of a na14 tional primary drinking water regulation (as defined in 

15 section 1401 of the Safe Drinking Water Act (42 U.S.C. 

16 300f)) with respect to a perfluoroalkyl or polyfluoroalkyl 

17 substance or class of perfluoroalkyl or polyfluoroalkyl sub18 stances for which a national primary drinking water regu19 lation has been promulgated under section 1412(b)(16) of 

20 the Safe Drinking Water Act earlier than the date that 

21 is 5 years after the date on which the Administrator pro22 mulgates the national primary drinking water regulation. 
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1 SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUCTURE 

2 GRANT PROGRAM. 

3 Part E of the Safe Drinking Water Act (42 U.S.C. 

4 300j et seq.) is amended by adding at the end the fol5 lowing new section: 

6 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS7 TEMS AFFECTED BY PFAS. 

8 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

9 after the date of enactment of this section, the Adminis10 trator shall establish a program to award grants to af11 fected community water systems to pay for capital costs 

12 associated with the implementation of eligible treatment 

13 technologies. 

14 ‘‘(b) APPLICATIONS.— 

15 ‘‘(1) GUIDANCE.—Not later than 12 months 

16 after the date of enactment of this section, the Ad17 ministrator shall publish guidance describing the 

18 form and timing for community water systems to 

19 apply for grants under this section. 

20 ‘‘(2) REQUIRED INFORMATION.—The Adminis21 trator shall require a community water system ap22 plying for a grant under this section to submit— 

23 ‘‘(A) information showing the presence of 

24 PFAS in water of the community water system; 

25 and 
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1 ‘‘(B) a certification that the treatment 

2 technology in use by the community water sys3 tem at the time of application is not sufficient 

4 to remove all detectable amounts of PFAS. 

5 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH6 NOLOGIES.—Not later than 150 days after the date of en7 actment of this section, and every 2 years thereafter, the 

8 Administrator shall publish a list of treatment tech9 nologies that the Administrator, after providing an oppor10 tunity for public comment, determines are effective at re11 moving all detectable amounts of PFAS from drinking 

12 water. 

13 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

14 under this section, the Administrator shall prioritize af15 fected community water systems that— 

16 ‘‘(1) serve a disadvantaged community or a dis17 proportionately exposed community; 

18 ‘‘(2) will provide at least a 10-percent cost 

19 share for the cost of implementing an eligible treat20 ment technology; or 

21 ‘‘(3) demonstrate the capacity to maintain the 

22 eligible treatment technology to be implemented 

23 using the grant. 

24 ‘‘(e) NO INCREASED BONDING AUTHORITY.— 

25 Amounts awarded to affected community water systems 
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1 under this section may not be used as a source of payment 

2 of, or security for (directly or indirectly), in whole or in 

3 part, any obligation the interest on which is exempt from 

4 the tax imposed under chapter 1 of the Internal Revenue 

5 Code of 1986. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

7 ‘‘(1) IN GENERAL.—There is authorized to be 

8 appropriated to carry out this section not more 

9 than— 

10 ‘‘(A) $125,000,000 for each of fiscal years 

11 2020 and 2021; and 

12 ‘‘(B) $100,000,000 for each of fiscal years 

13 2022 through 2024. 

14 ‘‘(2) SPECIAL RULE.—Of the amounts author15 ized to be appropriated by paragraph (1), 

16 $25,000,000 are authorized to be appropriated for 

17 each of fiscal years 2020 and 2021 for grants under 

18 subsection (a) to pay for capital costs associated 

19 with the implementation of eligible treatment tech20 nologies during the period beginning on October 1, 

21 2014, and ending on the date of enactment of this 

22 section. 

23 ‘‘(g) DEFINITIONS.—In this section: 

24 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

25 The term ‘affected community water system’ means 
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1 a community water system that is affected by the 

2 presence of PFAS in the water in the community 

3 water system. 

4 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

5 ‘disadvantaged community’ has the meaning given 

6 that term in section 1452. 

7 ‘‘(3) DISPROPORTIONATELY EXPOSED COMMU8 NITY.—The term ‘disproportionately exposed com9 munity’ means a community in which climate 

10 change, pollution, or environmental destruction have 

11 exacerbated systemic racial, regional, social, environ12 mental, and economic injustices by disproportion13 ately affecting indigenous peoples, communities of 

14 color, migrant communities, deindustrialized commu15 nities, depopulated rural communities, the poor, low16 income workers, women, the elderly, the unhoused, 

17 people with disabilities, or youth. 

18 ‘‘(4) ELIGIBLE TREATMENT TECHNOLOGY.— 

19 The term ‘eligible treatment technology’ means a 

20 treatment technology included on the list published 

21 under subsection (c). 

22 ‘‘(5) PFAS.—The term ‘PFAS’ means a 

23 perfluoroalkyl or polyfluoroalkyl substance with at 

24 least one fully fluorinated carbon atom, including the 

25 chemical GenX.’’. 
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1 SEC. 8. LISTING OF PERFLUOROALKYL AND 

2 POLYFLUOROALKYL SUBSTANCES AS HAZ3 ARDOUS AIR POLLUTANTS. 

4 (a) LISTING.— 

5 (1) INITIAL LISTING.—Not later than 180 days 

6 after the date of enactment of this Act, the Adminis7 trator of the Environmental Protection Agency shall 

8 issue a final rule adding perfluorooctanoic acid and 

9 its salts, and perfluoroactanesulfonic acid and its 

10 salts, to the list of hazardous air pollutants under 

11 section 112(b) of the Clean Air Act (42 U.S.C. 

12 7412(b)). 

13 (2) ADDITIONAL LISTINGS.—Not later than 5 

14 years after the date of enactment of this Act, the 

15 Administrator of the Environmental Protection 

16 Agency shall determine whether to issue, in accord17 ance with section 112 of the Clean Air Act (42 

18 U.S.C. 7412), any final rules adding perfluoroalkyl 

19 and polyfluoroalkyl substances, other than those 

20 perfluoroalkyl and polyfluoroalkyl substances listed 

21 pursuant to paragraph (1), to the list of hazardous 

22 air pollutants under section 112(b) of such Act. 

23 (b) SOURCES CATEGORIES.—Not later than 365 days 

24 after any final rule is issued pursuant to subsection (a), 

25 the Administrator of the Environmental Protection Agen26 cy shall revise the list under section 112(c)(1) of the Clean 
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1 Air Act (42 U.S.C. 7412(c)(1)) to include categories and 

2 subcategories of major sources and area sources of 

3 perfluoroalkyl and polyfluoroalkyl substances listed pursu4 ant to such final rule. 

5 SEC. 9. PROHIBITION ON UNSAFE WASTE INCINERATION OF 

6 PFAS. 

7 Section 3004 of the Solid Waste Disposal Act (42 

8 U.S.C. 6924) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(z) PFAS WASTES.— 

11 ‘‘(1) FIREFIGHTING FOAM.—Not later than 6 

12 months after the date of enactment of this sub13 section, the Administrator shall promulgate regula14 tions requiring that when materials containing 

15 perfluoroalkyl and polyfluoroalkyl substances or 

16 aqueous film forming foam are disposed— 

17 ‘‘(A) all incineration is conducted in a 

18 manner that eliminates perfluoroalkyl and 

19 polyfluoroalkyl substances while also minimizing 

20 perfluoroalkyl and polyfluoroalkyl substances 

21 emitted into the air to the extent feasible; 

22 ‘‘(B) all incineration is conducted in ac23 cordance with the requirements of the Clean Air 

24 Act, including controlling hydrogen fluoride; 
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1 ‘‘(C) any materials containing 

2 perfluoroalkyl and polyfluoroalkyl substances 

3 that are designated for disposal are stored in 

4 accordance with the requirement under part 

5 264 of title 40, Code of Federal Regulations; 

6 and 

7 ‘‘(D) all incineration is conducted at a fa8 cility that has been permitted to receive waste 

9 regulated under this subtitle. 

10 ‘‘(2) PENALTIES.—For purposes of section 

11 3008(d), a waste subject to a prohibition under this 

12 subsection shall be considered a hazardous waste 

13 identified or listed under this subtitle.’’. 

14 SEC. 10. LABEL FOR PFAS-FREE PRODUCTS. 

15 (a) LABEL FOR PFAS-FREE PRODUCTS.—Not later 

16 than 1 year after the date of enactment of this Act, the 

17 Administrator of the Environmental Protection Agency 

18 shall— 

19 (1) revise the Safer Choice Standard of the 

20 Safer Choice Program to identify the requirements 

21 for a pot, pan, cooking utensil, carpet, or rug, cloth22 ing, or upholstered furniture, or a stain resistant, 

23 water resistant, or grease resistant coating not sub24 ject to requirements under section 409 of the Fed25 eral Food, Drug, and Cosmetic Act to meet in order 
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1 to be labeled with a Safer Choice label, including a 

2 requirement that any such pot, pan, cooking utensil, 

3 carpet, rug, clothing, or upholstered furniture, or 

4 stain resistant, water resistant, or grease resistant 

5 coating does not contain any PFAS; or 

6 (2) establish a voluntary label that is available 

7 to be used by any manufacturer of any pot, pan, 

8 cooking utensil, carpet, rug, clothing, or upholstered 

9 furniture, or stain resistant, water resistant, or 

10 grease resistant coating not subject to requirements 

11 under section 409 of the Federal Food, Drug, and 

12 Cosmetic Act that the Administrator has reviewed 

13 and found does not contain any PFAS. 

14 (b) DEFINITION.—In this section, the term ‘‘PFAS’’ 

15 means a perfluoroalkyl or polyfluoroalkyl substance with 

16 at least one fully fluorinated carbon atom. 

17 SEC. 11. GUIDANCE ON MINIMIZING THE USE OF FIRE18 FIGHTING FOAM AND OTHER RELATED 

19 EQUIPMENT CONTAINING ANY PFAS. 

20 (a) GUIDANCE.—Not later than 1 year after the date 

21 of enactment of this Act, the Administrator of the Envi22 ronmental Protection Agency, in consultation with the 

23 head of the U.S. Fire Administration, Federal Aviation 

24 Administration, and other relevant Federal departments 

25 or agencies and representatives of State and local building 
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1 and fire code enforcement jurisdictions, shall issue guid2 ance on minimizing the use of, or contact with, firefighting 

3 foam and other related equipment containing any PFAS 

4 by firefighters, police officers, paramedics, emergency 

5 medical technicians, and other first responders, in order 

6 to minimize the risk to such firefighters, police officers, 

7 paramedics, emergency medical technicians, and other 

8 first responders, and the environment, without jeopard9 izing firefighting efforts. 

10 (b) ANNUAL REPORT.—Not later than 2 years after 

11 the date of the enactment of this Act, and annually there12 after, the Administrator, in consultation with the head of 

13 the U.S. Fire Administration, shall submit to Congress a 

14 report on the effectiveness of the guidance issued under 

15 subsection (a). Such report shall include recommendations 

16 for congressional actions that the Administrator deter17 mines appropriate to assist efforts to reduce exposure to 

18 PFAS by firefighters and the other persons described in 

19 subsection (a). 

20 (c) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Administrator of the Envi22 ronmental Protection Agency, in consultation with the 

23 head of the U.S. Fire Administration and other relevant 

24 Federal departments or agencies, shall report to Congress 

25 on the efforts of the Environmental Protection Agency and 
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1 other relevant Federal departments and agencies to iden2 tify viable alternatives to firefighting foam and other re3 lated equipment containing any PFAS. 

4 (d) DEFINITION.—In this section, the term ‘‘PFAS’’ 

5 means perfluorooctanoic acid, perfluorooctanesulfonic 

6 acid, and any other perfluoroalkyl or polyfluoroalkyl sub7 stance with at least one fully fluorinated carbon atom that 

8 the Administrator of the Environmental Protection Agen9 cy determines is used in firefighting foam and other re10 lated equipment. 

11 SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINA12 TION BY GENX. 

13 The Administrator of the Environmental Protection 

14 Agency shall investigate methods and means to prevent 

15 contamination by GenX of surface waters, including 

16 source waters used for drinking water purposes. 

17 SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS. 

18 (a) IN GENERAL.—The introduction of any 

19 perfluoroalkyl or polyfluoroalkyl substance by the owner 

20 or operator of an industrial source shall be unlawful unless 

21 such owner or operator first notifies the owner or operator 

22 of the applicable treatment works of— 

23 (1) the identity and quantity of such substance; 

24 (2) whether such substance is susceptible to 

25 treatment by such treatment works; and 
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1 (3) whether such substance would interfere with 

2 the operation of the treatment works. 

3 (b) VIOLATIONS.—A violation of this section shall be 

4 treated in the same manner as a violation of a regulation 

5 promulgated under subsection 307(b) of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1317(b)). 

7 (c) DEFINITIONS.—In this section: 

8 (1) INTRODUCTION.—The term ‘‘introduction’’ 

9 means the introduction of pollutants into treatment 

10 works, as described in section 307(b) of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1317). 

12 (2) TREATMENT WORKS.—The term ‘‘treatment 

13 works’’ has the meaning given that term in section 

14 212 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1292). 

16 SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator of the 

19 Environmental Protection Agency shall establish a website 

20 containing information relating to the testing of household 

21 well water. 

22 (b) CONTENTS.—The Administrator shall include on 

23 the website established under subsection (a) the following: 

24 (1) Information on how to get groundwater that 

25 is the source for a household water well tested by a 
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1 well inspector who is certified by a qualified third 

2 party. 

3 (2) A list of laboratories that analyze water 

4 samples and are certified by a State or the Adminis5 trator. 

6 (3) State-specific information, developed in co7 ordination with each State, on naturally occurring 

8 and human-induced contaminants. 

9 (4) Information that, using accepted risk com10 munication techniques, clearly communicates wheth11 er a test result value exceeds a level determined by 

12 the Administrator or the State to pose a health risk. 

13 (5) Information on treatment options, including 

14 information relating to water treatment systems cer15 tified by the National Science Foundation or the 

16 American National Standards Institute, and people 

17 who are qualified to install such systems. 

18 (6) A directory of whom to contact to report a 

19 test result value that exceeds a level determined by 

20 the Administrator or the State to pose a health risk. 

21 (7) Information on financial assistance that is 

22 available for homeowners to support water treat23 ment, including grants under section 306E of the 

24 Consolidated Farm and Rural Development Act (7 

25 U.S.C. 1926e) and State resources. 
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1 (8) Any other information the Administrator 

2 considers appropriate. 

3 (c) COORDINATION.—The Administrator shall coordi4 nate with the Secretary of Health and Human Services, 

5 the Secretary of Agriculture, and appropriate State agen6 cies in carrying out this section. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $1,000,000 for fiscal year 2021. 

10 SEC. 15. RISK-COMMUNICATION STRATEGY. 

11 The Administrator of the Environmental Protection 

12 Agency shall develop a risk-communication strategy to in13 form the public about the hazards or potential hazards 

14 of perfluoroalkyl and polyfluoroalkyl substances, or cat15 egories of perfluoroalkyl and polyfluoroalkyl substances, 

16 by— 

17 (1) disseminating information about the risks 

18 or potential risks posed by such substances or cat19 egories in land, air, water (including drinking 

20 water), and products; 

21 (2) notifying the public about exposure path22 ways and mitigation measures through outreach and 

23 educational resources; and 

24 (3) consulting with States that have dem25 onstrated effective risk-communication strategies for 
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1 best practices in developing a national risk-commu2 nication strategy. 

3 SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING 

4 EMERGING CONTAMINANTS, WITH A FOCUS 

5 ON PERFLUOROALKYL AND 

6 POLYFLUOROALKYL SUBSTANCES. 

7 Section 1452(t) of the Safe Drinking Water Act (42 

8 U.S.C. 300j–12) is amended— 

9 (1) by redesignating paragraph (2) as para10 graph (3); and 

11 (2) by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) ASSISTANCE TO TERRITORIES.—Of the 

14 amounts made available under this subsection, the 

15 Administrator may use funds to provide grants to 

16 the Virgin Islands, the Commonwealth of the North17 ern Mariana Islands, American Samoa, and Guam 

18 for the purpose of addressing emerging contami19 nants, with a focus on perfluoroalkyl and 

20 polyfluoroalkyl substances.’’. 

21 SEC. 17. CLEAN WATER ACT EFFLUENT STANDARDS, 

22 PRETREATMENT STANDARDS, AND WATER 

23 QUALITY CRITERIA FOR PFAS. 

24 (a) REVIEW AND REGULATION OF SUBSTANCES AND

25 SOURCES.— 
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1 (1) REVIEW.— 

2 (A) IN GENERAL.—As soon as practicable, 

3 but not later than September 30, 2021, and bi4 ennially thereafter, the Administrator shall pub5 lish in the Federal Register a plan under sub6 section (m) of section 304 of the Federal Water 

7 Pollution Control Act (33 U.S.C. 1314) that 

8 contains the results of a review, conducted in 

9 accordance with such section, of the introduc10 tion or discharge of perfluoroalkyl and 

11 polyfluoroalkyl substances from classes and cat12 egories of point sources (other than publicly 

13 owned treatment works). 

14 (B) INCLUSIONS.—The Administrator shall 

15 include in each plan published pursuant to sub16 paragraph (A)— 

17 (i) information on potential introduc18 tion or discharges of perfluoroalkyl and 

19 polyfluoroalkyl substances; 

20 (ii) any information gaps on such in21 troduction or discharges and the process 

22 by which the Administrator will address 

23 such gaps; 

24 (iii) for each measurable 

25 perfluoroalkyl and polyfluoroalkyl sub-
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1 stance that is not on the list of toxic pol2 lutants described in section 307(a) of the 

3 Federal Water Pollution Control Act, a de4 termination, in accordance with the re5 quirements of such section, whether or not 

6 to add the substance to such list; and 

7 (iv) a determination, in accordance 

8 with the requirements of the Federal 

9 Water Pollution Control Act, whether or 

10 not to establish effluent limitations and 

11 pretreatment standards for the introduc12 tion or discharge of each substance de13 scribed in clause (iii) that the Adminis14 trator determines under such clause not to 

15 add to such list and for which the Admin16 istrator has not developed such limitations 

17 or standards. 

18 (2) REGULATION.—Based on the results of 

19 each review conducted under paragraph (1) and in 

20 accordance with the requirements of the Federal 

21 Water Pollution Control Act, the Administrator 

22 shall— 

23 (A) in accordance with the plan published 

24 under paragraph (1), as soon as practicable— 
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1 (i) for each measurable perfluoroalkyl 

2 and polyfluoroalkyl substance that the Ad3 ministrator determines under paragraph 

4 (1)(B)(iii) to add to the list of toxic pollut5 ants described in section 307(a) of such 

6 Act, initiate the process for adding the 

7 substance to such list; and 

8 (ii) for each measurable perfluoroalkyl 

9 and polyfluoroalkyl substance that the Ad10 ministrator determines under paragraph 

11 (1)(B)(iv) to establish effluent limitations 

12 and pretreatment standards, establish such 

13 effluent limitations and pretreatment 

14 standards (which limitations and standards 

15 may be established by substance or by 

16 class or category of substances); and 

17 (B) not later than 2 years after the date 

18 on which each plan is published under para19 graph (1), publish human health water quality 

20 criteria for measurable perfluoroalkyl and 

21 polyfluoroalkyl substances and classes and cat22 egories of perfluoroalkyl and polyfluoroalkyl 

23 substances for which the Administrator has not 

24 published such criteria. 
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1 (b) DEADLINES FOR COVERED PERFLUOROALKYL

2 SUBSTANCES.— 

3 (1) WATER QUALITY CRITERIA.—Not later than 

4 2 years after the date of enactment of this section, 

5 the Administrator shall publish in the Federal Reg6 ister human health water quality criteria for each 

7 covered perfluoroalkyl substance. 

8 (2) EFFLUENT LIMITATIONS AND

9 PRETREATMENT STANDARDS FOR PRIORITY INDUS10 TRY CATEGORIES.—As soon as practicable, but not 

11 later than 4 years after the date of enactment of 

12 this section, the Administrator shall publish in the 

13 Federal Register a final rule establishing, for each 

14 priority industry category, effluent limitations and 

15 pretreatment standards for the introduction or dis16 charge of each covered perfluoroalkyl substance. 

17 (c) NOTIFICATION.—The Administrator shall notify 

18 the Committee on Transportation and Infrastructure of 

19 the House of Representatives and the Committee on Envi20 ronment and Public Works of the Senate of each publica21 tion made under this section. 

22 (d) IMPLEMENTATION ASSISTANCE FOR PUBLICLY

23 OWNED TREATMENT WORKS.— 

24 (1) IN GENERAL.—The Administrator shall 

25 award grants, in amounts not to exceed $100,000, 
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1 to owners and operators of publicly owned treatment 

2 works, to be used for the implementation of a 

3 pretreatment standard developed by the Adminis4 trator for a perfluoroalkyl or polyfluoroalkyl sub5 stance. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to the Ad8 ministrator to carry out this subsection 

9 $100,000,000 for each of fiscal years 2021 through 

10 2025, to remain available until expended. 

11 (e) DEFINITIONS.—In this section: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Environ14 mental Protection Agency. 

15 (2) COVERED PERFLUOROALKYL SUBSTANCE.— 

16 The term ‘‘covered perfluoroalkyl substance’’ means 

17 perfluorooctanoic acid, perfluorooctane sulfonic acid, 

18 or a salt associated with perfluorooctanoic acid or 

19 perfluorooctane sulfonic acid. 

20 (3) EFFLUENT LIMITATION.—The term ‘‘efflu21 ent limitation’’ means an effluent limitation under 

22 section 301(b) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1311). 

24 (4) INTRODUCTION.—The term ‘‘introduction’’ 

25 means the introduction of pollutants into treatment 
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1 works, as described in section 307(b) of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1317). 

3 (5) MEASURABLE.—The term ‘‘measurable’’ 

4 means, with respect to a chemical substance or class 

5 or category of chemical substances, capable of being 

6 measured using— 

7 (A) test procedures established under sec8 tion 304(h) of the Federal Water Pollution 

9 Control Act (33 U.S.C. 1314); 

10 (B) applicable protocols and methodologies 

11 required pursuant to section 4(a) of the Toxic 

12 Substances Control Act (15 U.S.C. 2603); or 

13 (C) any other analytical method developed 

14 by the Administrator for detecting pollutants, 

15 as such term is defined in section 502 of the 

16 Federal Water Pollution Control Act (33 U.S.C. 

17 1362). 

18 (6) PRETREATMENT STANDARD.—The term 

19 ‘‘pretreatment standard’’ means a pretreatment 

20 standard under section 307(b) of the Federal Water 

21 Pollution Control Act (33 U.S.C. 1317). 

22 (7) PRIORITY INDUSTRY CATEGORY.—The term 

23 ‘‘priority industry category’’ means the following 

24 point source categories: 
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1 (A) Organic chemicals, plastics, and syn2 thetic fibers, as identified in part 414 of title 

3 40, Code of Federal Regulations. 

4 (B) Pulp, paper, and paperboard, as iden5 tified in part 430 of title 40, Code of Federal 

6 Regulations. 

7 (C) Textile mills, as identified in part 410 

8 of title 40, Code of Federal Regulations. 

9 (8) TREATMENT WORKS.—The term ‘‘treatment 

10 works’’ has the meaning given that term in section 

11 212 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1292). 

13 (9) WATER QUALITY CRITERIA.—The term 

14 ‘‘water quality criteria’’ means criteria for water 

15 quality under section 304(a)(1) of the Federal 

16 Water Pollution Control Act (33 U.S.C. 1314). 

Passed the House of Representatives January 10, 

2020. 

Attest: 

Clerk. 

116TH CONGRESS 

2D SESSION H. R. 535 

AN ACT 

To require the Administrator of the Environmental 

1980. Response, Compensation, and Liability Act of stances under the Comprehensive Environmental polyfluoroalkyl substances as hazardous subProtection Agency to designate per- and