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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 535 Engrossed in House (EH)]

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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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``PFAS Action Act of 
2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Designation as hazardous substances.
Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances.
Sec. 4. Manufacturing and processing notices for perfluoroalkyl and 
                            polyfluoroalkyl substances.
Sec. 5. National primary drinking water regulations for PFAS.
Sec. 6. Enforcement.
Sec. 7. Establishment of PFAS infrastructure grant program.
Sec. 8. Listing of perfluoroalkyl and polyfluoroalkyl substances as 
                            hazardous air pollutants.
Sec. 9. Prohibition on unsafe waste incineration of PFAS.
Sec. 10. Label for PFAS-free products.
Sec. 11. Guidance on minimizing the use of firefighting foam and other 
                            related equipment containing any PFAS.
Sec. 12. Investigation of prevention of contamination by GenX.
Sec. 13. Disclosure of introductions of PFAS.
Sec. 14. Household well water testing website.
Sec. 15. Risk-communication strategy.
Sec. 16. Assistance to Territories for addressing emerging 
                            contaminants, with a focus on 
                            perfluoroalkyl and polyfluoroalkyl 
                            substances.
Sec. 17. Clean Water Act effluent standards, pretreatment standards, 
                            and water quality criteria for PFAS.

SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES.

    (a) Designation.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall designate perfluorooctanoic acid and its salts, and 
perfluoroactanesulfonic acid and its salts, as hazardous substances 
under section 102(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).
    (b) Deadline for Additional Determinations.--Not later than 5 years 
after the date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall determine whether to designate 
all perfluoroalkyl and polyfluoroalkyl substances, other than those 
perfluoroalkyl and polyfluoroalkyl substances designated pursuant to 
subsection (a), as hazardous substances under section 102(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9602(a)) individually or in groups.
    (c) Airport Sponsors.--
            (1) In general.--No sponsor, including a sponsor of the 
        civilian portion of a joint-use airport or a shared-use airport 
        (as such terms are defined in section 139.5 of title 14, Code 
        of Federal Regulations (or a successor regulation)), shall be 
        liable under the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.) for the costs of responding to, or damages resulting 
        from, a release to the environment of a perfluoroalkyl or 
        polyfluoroalkyl substance designated as a hazardous substance 
        under section 102(a) of such Act that resulted from the use of 
        aqueous film forming foam agent, if such use was--
                    (A) required by the Federal Aviation Administration 
                for compliance with part 139 of title 14, Code of 
                Federal Regulations; and
                    (B) carried out in accordance with Federal Aviation 
                Administration standards and guidance on the use of 
                such substance.
            (2) Sponsor defined.--In this subsection, the term 
        ``sponsor'' has the meaning given such term in section 47102 of 
        title 49, United States Code.
    (d) Public Availability.--Not later than 60 days after making a 
determination under subsection (b), the Administrator of the 
Environmental Protection Agency shall make the results of such 
determination publicly available on the website of the Environmental 
Protection Agency.
    (e) Review.--
            (1) In general.--Not later than 5 years after the date of 
        the enactment of this Act, the Administrator of the 
        Environmental Protection Agency shall submit to the appropriate 
        congressional committees a report containing a review of 
        actions by the Environmental Protection Agency to clean up 
        contamination of the substances designated pursuant to 
        subsection (a).
            (2) Matters included.-- The report under paragraph (1) 
        shall include an assessment of cleanup progress and 
        effectiveness, including the following:
                    (A) The number of sites where the Environmental 
                Protection Agency has acted to remediate contamination 
                of the substances designated pursuant to subsection 
                (a).
                    (B) Which types of chemicals relating to such 
                substances were present at each site and the extent to 
                which each site was contaminated.
                    (C) An analysis of discrepancies in cleanup between 
                Federal and non-Federal contamination sites.
                    (D) Any other elements the Administrator may 
                determine necessary.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means the following:
                    (A) The Committee on Energy and Commerce of the 
                House of Representatives.
                    (B) The Committee on the Environment and Public 
                Works of the Senate.

SEC. 3. TESTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

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

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

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

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

    Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following:
            ``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph, the Administrator 
                shall, after notice and opportunity for public comment, 
                promulgate a national primary drinking water regulation 
                for perfluoroalkyl and polyfluoroalkyl substances, 
                which shall, at a minimum, include standards for--
                            ``(i) perfluorooctanoic acid (commonly 
                        referred to as `PFOA'); and
                            ``(ii) perfluorooctane sulfonic acid 
                        (commonly referred to as `PFOS').
                    ``(B) Alternative procedures.--
                            ``(i) In general.--Not later than 1 year 
                        after the validation by the Administrator of an 
                        equally effective quality control and testing 
                        procedure to ensure compliance with the 
                        national primary drinking water regulation 
                        promulgated under subparagraph (A) to measure 
                        the levels described in clause (ii) or other 
                        methods to detect and monitor perfluoroalkyl 
                        and polyfluoroalkyl substances in drinking 
                        water, the Administrator shall add the 
                        procedure or method as an alternative to the 
                        quality control and testing procedure described 
                        in such national primary drinking water 
                        regulation by publishing the procedure or 
                        method in the Federal Register in accordance 
                        with section 1401(1)(D).
                            ``(ii) Levels described.--The levels 
                        referred to in clause (i) are--
                                    ``(I) the level of a perfluoroalkyl 
                                or polyfluoroalkyl substance;
                                    ``(II) the total levels of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances; and
                                    ``(III) the total levels of organic 
                                fluorine.
                    ``(C) Inclusions.--The Administrator may include a 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances on--
                            ``(i) the list of contaminants for 
                        consideration of regulation under paragraph 
                        (1)(B)(i), in accordance with such paragraph; 
                        and
                            ``(ii) the list of unregulated contaminants 
                        to be monitored under section 1445(a)(2)(B)(i), 
                        in accordance with such section.
                    ``(D) Monitoring.--When establishing monitoring 
                requirements for public water systems as part of a 
                national primary drinking water regulation under 
                subparagraph (A) or subparagraph (G)(ii), the 
                Administrator shall tailor the monitoring requirements 
                for public water systems that do not detect or are 
                reliably and consistently below the maximum contaminant 
                level (as defined in section 1418(b)(2)(B)) for the 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances subject to 
                the national primary drinking water regulation.
                    ``(E) Health protection.--The national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the health of 
                subpopulations at greater risk, as described in section 
                1458.
                    ``(F) Health risk reduction and cost analysis.--In 
                meeting the requirements of paragraph (3)(C), the 
                Administrator may rely on information available to the 
                Administrator with respect to one or more specific 
                perfluoroalkyl or polyfluoroalkyl substances to 
                extrapolate reasoned conclusions regarding the health 
                risks and effects of a class of perfluoroalkyl or 
                polyfluoroalkyl substances of which the specific 
                perfluoroalkyl or polyfluoroalkyl substances are a 
                part.
                    ``(G) Regulation of additional substances.--
                            ``(i) Determination.--The Administrator 
                        shall make a determination under paragraph 
                        (1)(A), using the criteria described in clauses 
                        (i) through (iii) of that paragraph, whether to 
                        include a perfluoroalkyl or polyfluoroalkyl 
                        substance or class of perfluoroalkyl or 
                        polyfluoroalkyl substances in the national 
                        primary drinking water regulation under 
                        subparagraph (A) not later than 18 months after 
                        the later of--
                                    ``(I) the date on which the 
                                perfluoroalkyl or polyfluoroalkyl 
                                substance or class of perfluoroalkyl or 
                                polyfluoroalkyl substances is listed on 
                                the list of contaminants for 
                                consideration of regulation under 
                                paragraph (1)(B)(i); and
                                    ``(II) the date on which--
                                            ``(aa) the Administrator 
                                        has received the results of 
                                        monitoring under section 
                                        1445(a)(2)(B) for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances; or
                                            ``(bb) the Administrator 
                                        has received reliable water 
                                        data or water monitoring 
                                        surveys for the perfluoroalkyl 
                                        or polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances from 
                                        a Federal or State agency that 
                                        the Administrator determines to 
                                        be of a quality sufficient to 
                                        make a determination under 
                                        paragraph (1)(A).
                            ``(ii) Primary drinking water 
                        regulations.--
                                    ``(I) In general.--For each 
                                perfluoroalkyl or polyfluoroalkyl 
                                substance or class of perfluoroalkyl or 
                                polyfluoroalkyl substances that the 
                                Administrator determines to regulate 
                                under clause (i), the Administrator--
                                            ``(aa) not later than 18 
                                        months after the date on which 
                                        the Administrator makes the 
                                        determination, shall propose a 
                                        national primary drinking water 
                                        regulation for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances; and
                                            ``(bb) may publish the 
                                        proposed national primary 
                                        drinking water regulation 
                                        described in item (aa) 
                                        concurrently with the 
                                        publication of the 
                                        determination to regulate the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances.
                                    ``(II) Deadline.--
                                            ``(aa) In general.--Not 
                                        later than 1 year after the 
                                        date on which the Administrator 
                                        publishes a proposed national 
                                        primary drinking water 
                                        regulation under clause (i)(I) 
                                        and subject to item (bb), the 
                                        Administrator shall take final 
                                        action on the proposed national 
                                        primary drinking water 
                                        regulation.
                                            ``(bb) Extension.--The 
                                        Administrator, on publication 
                                        of notice in the Federal 
                                        Register, may extend the 
                                        deadline under item (aa) by not 
                                        more than 6 months.
                    ``(H) Health advisory.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Administrator shall publish a health 
                        advisory under paragraph (1)(F) for a 
                        perfluoroalkyl or polyfluoroalkyl substance or 
                        class of perfluoroalkyl or polyfluoroalkyl 
                        substances not subject to a national primary 
                        drinking water regulation not later than 1 year 
                        after the later of--
                                    ``(I) the date on which the 
                                Administrator finalizes a toxicity 
                                value for the perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances; and
                                    ``(II) the date on which the 
                                Administrator validates an effective 
                                quality control and testing procedure 
                                for the perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances.
                            ``(ii) Waiver.--The Administrator may waive 
                        the requirements of clause (i) with respect to 
                        a perfluoroalkyl or polyfluoroalkyl substance 
                        or class of perfluoroalkyl and polyfluoroalkyl 
                        substances if the Administrator determines that 
                        there is a substantial likelihood that the 
                        perfluoroalkyl or polyfluoroalkyl substance or 
                        class of perfluoroalkyl or polyfluoroalkyl 
                        substances will not occur in drinking water 
                        with sufficient frequency to justify the 
                        publication of a health advisory, and publishes 
                        such determination, including the information 
                        and analysis used, and basis for, such 
                        determination, in the Federal Register.''.

SEC. 6. ENFORCEMENT.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency may not impose financial penalties 
for the violation of a national primary drinking water regulation (as 
defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 
300f)) with respect to a perfluoroalkyl or polyfluoroalkyl substance or 
class of perfluoroalkyl or polyfluoroalkyl substances for which a 
national primary drinking water regulation has been promulgated under 
section 1412(b)(16) of the Safe Drinking Water Act earlier than the 
date that is 5 years after the date on which the Administrator 
promulgates the national primary drinking water regulation.

SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUCTURE GRANT PROGRAM.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following new section:

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

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to affected community water systems to pay for capital 
costs associated with the implementation of eligible treatment 
technologies.
    ``(b) Applications.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
            ``(2) Required information.--The Administrator shall 
        require a community water system applying for a grant under 
        this section to submit--
                    ``(A) information showing the presence of PFAS in 
                water of the community water system; and
                    ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to remove all detectable 
                amounts of PFAS.
    ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 2 years 
thereafter, the Administrator shall publish a list of treatment 
technologies that the Administrator, after providing an opportunity for 
public comment, determines are effective at removing all detectable 
amounts of PFAS from drinking water.
    ``(d) Priority for Funding.--In awarding grants under this section, 
the Administrator shall prioritize affected community water systems 
that--
            ``(1) serve a disadvantaged community or a 
        disproportionately exposed community;
            ``(2) will provide at least a 10-percent cost share for the 
        cost of implementing an eligible treatment technology; or
            ``(3) demonstrate the capacity to maintain the eligible 
        treatment technology to be implemented using the grant.
    ``(e) No Increased Bonding Authority.--Amounts awarded to affected 
community water systems under this section may not be used as a source 
of payment of, or security for (directly or indirectly), in whole or in 
part, any obligation the interest on which is exempt from the tax 
imposed under chapter 1 of the Internal Revenue Code of 1986.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section not more than--
                    ``(A) $125,000,000 for each of fiscal years 2020 
                and 2021; and
                    ``(B) $100,000,000 for each of fiscal years 2022 
                through 2024.
            ``(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.
    ``(g) Definitions.--In this section:
            ``(1) Affected community water system.--The term `affected 
        community water system' means a community water system that is 
        affected by the presence of PFAS in the water in the community 
        water system.
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given that term in section 1452.
            ``(3) Disproportionately exposed community.--The term 
        `disproportionately exposed community' means a community in 
        which climate change, pollution, or environmental destruction 
        have exacerbated systemic racial, regional, social, 
        environmental, and economic injustices by disproportionately 
        affecting indigenous peoples, communities of color, migrant 
        communities, deindustrialized communities, depopulated rural 
        communities, the poor, low-income workers, women, the elderly, 
        the unhoused, people with disabilities, or youth.
            ``(4) Eligible treatment technology.--The term `eligible 
        treatment technology' means a treatment technology included on 
        the list published under subsection (c).
            ``(5) PFAS.--The term `PFAS' means a perfluoroalkyl or 
        polyfluoroalkyl substance with at least one fully fluorinated 
        carbon atom, including the chemical GenX.''.

SEC. 8. LISTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS 
              HAZARDOUS AIR POLLUTANTS.

    (a) Listing.--
            (1) Initial listing.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator of the 
        Environmental Protection Agency shall issue a final rule adding 
        perfluorooctanoic acid and its salts, and 
        perfluoroactanesulfonic acid and its salts, to the list of 
        hazardous air pollutants under section 112(b) of the Clean Air 
        Act (42 U.S.C. 7412(b)).
            (2) Additional listings.--Not later than 5 years after the 
        date of enactment of this Act, the Administrator of the 
        Environmental Protection Agency shall determine whether to 
        issue, in accordance with section 112 of the Clean Air Act (42 
        U.S.C. 7412), any final rules adding perfluoroalkyl and 
        polyfluoroalkyl substances, other than those perfluoroalkyl and 
        polyfluoroalkyl substances listed pursuant to paragraph (1), to 
        the list of hazardous air pollutants under section 112(b) of 
        such Act.
    (b) Sources Categories.--Not later than 365 days after any final 
rule is issued pursuant to subsection (a), the Administrator of the 
Environmental Protection Agency shall revise the list under section 
112(c)(1) of the Clean Air Act (42 U.S.C. 7412(c)(1)) to include 
categories and subcategories of major sources and area sources of 
perfluoroalkyl and polyfluoroalkyl substances listed pursuant to such 
final rule.

SEC. 9. PROHIBITION ON UNSAFE WASTE INCINERATION OF PFAS.

    Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is 
amended by adding at the end the following new subsection:
    ``(z) PFAS Wastes.--
            ``(1) Firefighting foam.--Not later than 6 months after the 
        date of enactment of this subsection, the Administrator shall 
        promulgate regulations requiring that when materials containing 
        perfluoroalkyl and polyfluoroalkyl substances or aqueous film 
        forming foam are disposed--
                    ``(A) all incineration is conducted in a manner 
                that eliminates perfluoroalkyl and polyfluoroalkyl 
                substances while also minimizing perfluoroalkyl and 
                polyfluoroalkyl substances emitted into the air to the 
                extent feasible;
                    ``(B) all incineration is conducted in accordance 
                with the requirements of the Clean Air Act, including 
                controlling hydrogen fluoride;
                    ``(C) any materials containing perfluoroalkyl and 
                polyfluoroalkyl substances that are designated for 
                disposal are stored in accordance with the requirement 
                under part 264 of title 40, Code of Federal 
                Regulations; and
                    ``(D) all incineration is conducted at a facility 
                that has been permitted to receive waste regulated 
                under this subtitle.
            ``(2) Penalties.--For purposes of section 3008(d), a waste 
        subject to a prohibition under this subsection shall be 
        considered a hazardous waste identified or listed under this 
        subtitle.''.

SEC. 10. LABEL FOR PFAS-FREE PRODUCTS.

    (a) Label for PFAS-Free Products.--Not later than 1 year after the 
date of enactment of this Act, the Administrator of the Environmental 
Protection Agency shall--
            (1) revise the Safer Choice Standard of the Safer Choice 
        Program to identify the requirements for a pot, pan, cooking 
        utensil, carpet, or rug, clothing, or upholstered furniture, or 
        a stain resistant, water resistant, or grease resistant coating 
        not subject to requirements under section 409 of the Federal 
        Food, Drug, and Cosmetic Act to meet in order to be labeled 
        with a Safer Choice label, including a requirement that any 
        such pot, pan, cooking utensil, carpet, rug, clothing, or 
        upholstered furniture, or stain resistant, water resistant, or 
        grease resistant coating does not contain any PFAS; or
            (2) establish a voluntary label that is available to be 
        used by any manufacturer of any pot, pan, cooking utensil, 
        carpet, rug, clothing, or upholstered furniture, or stain 
        resistant, water resistant, or grease resistant coating not 
        subject to requirements under section 409 of the Federal Food, 
        Drug, and Cosmetic Act that the Administrator has reviewed and 
        found does not contain any PFAS.
    (b) Definition.--In this section, the term ``PFAS'' means a 
perfluoroalkyl or polyfluoroalkyl substance with at least one fully 
fluorinated carbon atom.

SEC. 11. GUIDANCE ON MINIMIZING THE USE OF FIREFIGHTING FOAM AND OTHER 
              RELATED EQUIPMENT CONTAINING ANY PFAS.

    (a) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency, in 
consultation with the head of the U.S. Fire Administration, Federal 
Aviation Administration, and other relevant Federal departments or 
agencies and representatives of State and local building and fire code 
enforcement jurisdictions, shall issue guidance on minimizing the use 
of, or contact with, firefighting foam and other related equipment 
containing any PFAS by firefighters, police officers, paramedics, 
emergency medical technicians, and other first responders, in order to 
minimize the risk to such firefighters, police officers, paramedics, 
emergency medical technicians, and other first responders, and the 
environment, without jeopardizing firefighting efforts.
    (b) Annual Report.--Not later than 2 years after the date of the 
enactment of this Act, and annually thereafter, the Administrator, in 
consultation with the head of the U.S. Fire Administration, shall 
submit to Congress a report on the effectiveness of the guidance issued 
under subsection (a). Such report shall include recommendations for 
congressional actions that the Administrator determines appropriate to 
assist efforts to reduce exposure to PFAS by firefighters and the other 
persons described in subsection (a).
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency, in 
consultation with the head of the U.S. Fire Administration and other 
relevant Federal departments or agencies, shall report to Congress on 
the efforts of the Environmental Protection Agency and other relevant 
Federal departments and agencies to identify viable alternatives to 
firefighting foam and other related equipment containing any PFAS.
    (d) Definition.--In this section, the term ``PFAS'' means 
perfluorooctanoic acid, perfluorooctanesulfonic acid, and any other 
perfluoroalkyl or polyfluoroalkyl substance with at least one fully 
fluorinated carbon atom that the Administrator of the Environmental 
Protection Agency determines is used in firefighting foam and other 
related equipment.

SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINATION BY GENX.

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

SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS.

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

SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall establish a website containing information relating to the 
testing of household well water.
    (b) Contents.--The Administrator shall include on the website 
established under subsection (a) the following:
            (1) Information on how to get groundwater that is the 
        source for a household water well tested by a well inspector 
        who is certified by a qualified third party.
            (2) A list of laboratories that analyze water samples and 
        are certified by a State or the Administrator.
            (3) State-specific information, developed in coordination 
        with each State, on naturally occurring and human-induced 
        contaminants.
            (4) Information that, using accepted risk communication 
        techniques, clearly communicates whether a test result value 
        exceeds a level determined by the Administrator or the State to 
        pose a health risk.
            (5) Information on treatment options, including information 
        relating to water treatment systems certified 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.

SEC. 15. RISK-COMMUNICATION STRATEGY.

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

SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING EMERGING 
              CONTAMINANTS, WITH A FOCUS ON PERFLUOROALKYL AND 
              POLYFLUOROALKYL SUBSTANCES.

    Section 1452(t) of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Assistance to territories.--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.''.

SEC. 17. 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).

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