IB 

Union Calendar No. 289 

116TH CONGRESS 

1ST SESSION H. R. 535 

[Report No. 116–364, Part I] 

To require the Administrator of the Environmental Protection Agency to 

designate per- and polyfluoroalkyl substances as hazardous substances 

under the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2019 

Mrs. DINGELL (for herself, Mr. UPTON, and Mr. KILDEE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JANUARY 2, 2020 

Additional sponsors: Ms. WILD, Mr. KHANNA, Mr. DELGADO, Mr. POCAN, Mr. 

CARBAJAL, Mr. PAPPAS, Ms. SLOTKIN, Ms. DEAN, Ms. LOFGREN, Mr. 

BLUMENAUER, Mr. LUJA ́N, Ms. KUSTER of New Hampshire, Ms. PINGREE, Mr. NEGUSE, Mr. HUDSON, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. MOORE, Mr. LEVIN of Michigan, Ms. HAALAND, Mr. WELCH, 

Mr. MCNERNEY, Mr. HASTINGS, Ms. TLAIB, Mr. SOTO, Ms. WASSERMAN

SCHULTZ, Ms. SHALALA, Mr. COHEN, Mr. SEAN PATRICK MALONEY of 

New York, Ms. OMAR, Ms. MENG, Ms. NORTON, Mr. GARCI ́A of Illinois, 

Mr. RASKIN, Mr. FITZPATRICK, Mr. GRIJALVA, Mr. GOLDEN, Mr. KIM, 

Ms. SCANLON, Mrs. LURIA, Ms. LEE of California, Mr. ROUZER, Mr. 

PRICE of North Carolina, Ms. JUDY CHU of California, Mr. PETERS, Mr. 

SIRES, Mr. MOULTON, Ms. BONAMICI, Ms. SCHAKOWSKY, Mr. CISNEROS, 

Mr. LARSON of Connecticut, Mr. PERLMUTTER, Mr. RUPPERSBERGER, 

Mr. MCGOVERN, Mr. KIND, Mr. HIMES, Mr. CICILLINE, Mr. 

MALINOWSKI, Ms. SA ́NCHEZ, Mrs. KIRKPATRICK, Mrs. WATSON COLEMAN, Mrs. TRAHAN, Mr. SCOTT of Virginia, Mr. CA ́RDENAS, and Ms. 

STEVENS


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JANUARY 2, 2020 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JANUARY 2, 2020 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on January 14, 2019] 

A BILL 

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


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘PFAS Action Act of 2019’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Designation as hazardous substances. 

Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances. 

Sec. 4. Manufacturing and processing notices for perfluoroalkyl and 

polyfluoroalkyl substances. 

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

Sec. 6. Monitoring and detection. 

Sec. 7. Enforcement. 

Sec. 8. Drinking water state revolving funds. 

Sec. 9. Additions to toxics release inventory. 

Sec. 10. PFAS data call. 

Sec. 11. Significant new use rule for long-chain PFAS. 

Sec. 12. PFAS destruction and disposal guidance. 

Sec. 13. Establishment of PFAS infrastructure grant program. 

Sec. 14. Cooperative agreements with States for removal and remedial actions to 

address drinking, surface, and ground water and soil contamination from PFAS. 

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

pollutants. 

Sec. 16. Prohibition on waste incineration of PFAS. 

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

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

equipment containing any PFAS. 

7 SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES. 

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

9 date of enactment of this Act, the Administrator of the En10 vironmental Protection Agency shall designate 

11 perfluorooctanoic acid and its salts, and 

12 perfluoroactanesulfonic acid and its salts, as hazardous sub13 stances under section 102(a) of the Comprehensive EnvironVerDate Sep 11 2014 19:22 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H535.RH H535

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1 mental Response, Compensation, and Liability Act of 1980 

2 (42 U.S.C. 9602(a)). 

3 (b) DEADLINE FOR ADDITIONAL DETERMINATIONS.— 

4 Not later than 5 years after the date of enactment of this 

5 Act, the Administrator of the Environmental Protection 

6 Agency shall determine whether to designate all 

7 perfluoroalkyl and polyfluoroalkyl substances, other than 

8 those perfluoroalkyl and polyfluoroalkyl substances des9 ignated pursuant to subsection (a), as hazardous substances 

10 under section 102(a) of the Comprehensive Environmental 

11 Response, Compensation, and Liability Act of 1980 (42 

12 U.S.C. 9602(a)) individually or in groups. 

13 SEC. 3. TESTING OF PERFLUOROALKYL AND 

14 POLYFLUOROALKYL SUBSTANCES. 

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

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

17 amended by adding at the end the following: 

18 ‘‘(5) PERFLUOROALKYL AND POLYFLUOROALKYL

19 SUBSTANCES RULE.— 

20 ‘‘(A) RULE.—Notwithstanding paragraphs 

21 (1) through (3), the Administrator shall, by rule, 

22 require that comprehensive toxicity testing be 

23 conducted on all chemical substances that are 

24 perfluoroalkyl or polyfluoroalkyl substances. 


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

2 under subparagraph (A), the Administrator— 

3 ‘‘(i) may establish categories of 

4 perfluoroalkyl and polyfluoroalkyl sub5 stances based on hazard characteristics or 

6 chemical properties; 

7 ‘‘(ii) shall require the development of 

8 information relating to perfluoroalkyl and 

9 polyfluoroalkyl substances that the Adminis10 trator determines is likely to be useful in 

11 evaluating the hazard and risk posed by 

12 such substances in land, air, and water (in13 cluding drinking water), as well as in prod14 ucts; and 

15 ‘‘(iii) may allow for varied or tiered 

16 testing requirements based on hazard char17 acteristics or chemical properties of 

18 perfluoroalkyl and polyfluoroalkyl sub19 stances or categories of perfluoroalkyl and 

20 polyfluoroalkyl substances. 

21 ‘‘(C) DEADLINES.—The Administrator shall 

22 issue— 

23 ‘‘(i) a proposed rule under subpara24 graph (A) not later than 6 months after the 

25 date of enactment of this paragraph; and 


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1 ‘‘(ii) a final rule under subparagraph 

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

3 enactment of this paragraph.’’. 

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

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

6 is amended— 

7 (1) in subparagraph (A), by striking ‘‘subpara8 graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 

9 (C), or (D)’’; and 

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

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

12 development of information by any person who manufac13 tures or processes, or intends to manufacture or process, a 

14 chemical substance that is a perfluoroalkyl or 

15 polyfluoroalkyl substance.’’. 

16 (c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB17 STANCES.—Section 4 of the Toxic Substances Control Act 

18 (15 U.S.C. 2603) is amended by adding at the end the fol19 lowing: 

20 ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL SUB21 STANCES.— 

22 ‘‘(1) TESTING REQUIREMENT RULE.— 

23 ‘‘(A) PROTOCOLS AND METHODOLOGIES.— 

24 In determining the protocols and methodologies 

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


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1 a rule under subsection (a)(5), the Administrator 

2 shall allow for protocols and methodologies that 

3 test chemical substances that are perfluoroalkyl 

4 and polyfluoroalkyl substances as a class. 

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

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

7 a rule under subsection (a)(5), the Administrator 

8 shall ensure that the period is as short as pos9 sible while allowing for completion of the re10 quired testing. 

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

12 (c) with respect to a chemical substance that is a 

13 perfluoroalkyl or polyfluoroalkyl substance, the Ad14 ministrator— 

15 ‘‘(A) may only determine under subsection 

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

17 the chemical substance with respect to which the 

18 application for exemption is submitted is in the 

19 same category, as established under subsection 

20 (a)(5)(B)(i), as a chemical substance for which 

21 information has been submitted to the Adminis22 trator in accordance with a rule, order, or con23 sent agreement under subsection (a) or for which 

24 information is being developed pursuant to such 

25 a rule, order, or consent agreement; and 


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1 ‘‘(B) shall publish a list of all such chemical 

2 substances for which an exemption under sub3 section (c) is granted.’’. 

4 SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR 

5 PERFLUOROALKYL AND POLYFLUOROALKYL 

6 SUBSTANCES. 

7 Section 5 of the Toxic Substances Control Act (15 

8 U.S.C. 2604) is amended— 

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

10 following: 

11 ‘‘(7) This subsection does not apply to any chemical 

12 substance that is a perfluoroalkyl or polyfluoroalkyl sub13 stance.’’; and 

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

15 ‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL SUB16 STANCES.— 

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

18 beginning on the date of enactment of this subsection, 

19 any chemical substance that is a perfluoroalkyl or 

20 polyfluoroalkyl substance for which a notice is sub21 mitted under subsection (a) shall be deemed to have 

22 been determined by the Administrator to present an 

23 unreasonable risk of injury to health or the environ24 ment under paragraph (3)(A) of such subsection. 


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1 ‘‘(2) ORDER.—Notwithstanding subsection 

2 (a)(3)(A), for a chemical substance described in para3 graph (1) of this subsection, the Administrator shall 

4 issue an order under subsection (f)(3) to prohibit the 

5 manufacture, processing, and distribution in com6 merce of such chemical substance.’’. 

7 SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULA8 TIONS FOR PFAS. 

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

10 U.S.C. 300g–1(b)) is amended by adding at the end the fol11 lowing: 

12 ‘‘(16) PERFLUOROALKYL AND POLYFLUOROALKYL

13 SUBSTANCES.— 

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

15 after the date of enactment of this paragraph, the 

16 Administrator shall, after notice and oppor17 tunity for public comment, promulgate a na18 tional primary drinking water regulation for 

19 perfluoroalkyl and polyfluoroalkyl substances, 

20 which shall, at a minimum, include standards 

21 for— 

22 ‘‘(i) perfluorooctanoic acid (commonly 

23 referred to as ‘PFOA’); and 

24 ‘‘(ii) perfluorooctane sulfonic acid 

25 (commonly referred to as ‘PFOS’). 


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1 ‘‘(B) ALTERNATIVE PROCEDURES.— 

2 ‘‘(i) IN GENERAL.—Not later than 1 

3 year after the validation by the Adminis4 trator of an equally effective quality control 

5 and testing procedure to ensure compliance 

6 with the national primary drinking water 

7 regulation promulgated under subpara8 graph (A) to measure the levels described in 

9 clause (ii) or other methods to detect and 

10 monitor perfluoroalkyl and polyfluoroalkyl 

11 substances in drinking water, the Adminis12 trator shall add the procedure or method as 

13 an alternative to the quality control and 

14 testing procedure described in such national 

15 primary drinking water regulation by pub16 lishing the procedure or method in the Fed17 eral Register in accordance with section 

18 1401(1)(D). 

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

20 referred to in clause (i) are— 

21 ‘‘(I) the level of a perfluoroalkyl 

22 or polyfluoroalkyl substance; 

23 ‘‘(II) the total levels of 

24 perfluoroalkyl and polyfluoroalkyl sub25 stances; and 


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1 ‘‘(III) the total levels of organic 

2 fluorine. 

3 ‘‘(C) INCLUSIONS.—The Administrator may 

4 include a perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances on— 

7 ‘‘(i) the list of contaminants for con8 sideration of regulation under paragraph 

9 (1)(B)(i), in accordance with such para10 graph; and 

11 ‘‘(ii) the list of unregulated contami12 nants to be monitored under section 

13 1445(a)(2)(B)(i), in accordance with such 

14 section. 

15 ‘‘(D) MONITORING.—When establishing 

16 monitoring requirements for public water sys17 tems as part of a national primary drinking 

18 water regulation under subparagraph (A) or sub19 paragraph (G)(ii), the Administrator shall tailor 

20 the monitoring requirements for public water 

21 systems that do not detect or are reliably and 

22 consistently below the maximum contaminant 

23 level (as defined in section 1418(b)(2)(B)) for the 

24 perfluoroalkyl or polyfluoroalkyl substance or 

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1 stances subject to the national primary drinking 

2 water regulation. 

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

4 primary drinking water regulation promulgated 

5 under subparagraph (A) shall be protective of the 

6 health of subpopulations at greater risk, as de7 scribed in section 1458. 

8 ‘‘(F) HEALTH RISK REDUCTION AND COST

9 ANALYSIS.—In meeting the requirements of para10 graph (3)(C), the Administrator may rely on in11 formation available to the Administrator with 

12 respect to 1 or more specific perfluoroalkyl or 

13 polyfluoroalkyl substances to extrapolate rea14 soned conclusions regarding the health risks and 

15 effects of a class of perfluoroalkyl or 

16 polyfluoroalkyl substances of which the specific 

17 perfluoroalkyl or polyfluoroalkyl substances are a 

18 part. 

19 ‘‘(G) REGULATION OF ADDITIONAL SUB20 STANCES.— 

21 ‘‘(i) DETERMINATION.—The Adminis22 trator shall make a determination under 

23 paragraph (1)(A), using the criteria de24 scribed in clauses (i) through (iii) of that 

25 paragraph, whether to include a 


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1 perfluoroalkyl or polyfluoroalkyl substance 

2 or class of perfluoroalkyl or polyfluoroalkyl 

3 substances in the national primary drink4 ing water regulation under subparagraph 

5 (A) not later than 18 months after the later 

6 of— 

7 ‘‘(I) the date on which the 

8 perfluoroalkyl or polyfluoroalkyl sub9 stance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances is listed on 

11 the list of contaminants for consider12 ation of regulation under paragraph 

13 (1)(B)(i); and 

14 ‘‘(II) the date on which— 

15 ‘‘(aa) the Administrator has 

16 received the results of monitoring 

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

18 the perfluoroalkyl or 

19 polyfluoroalkyl substance or class 

20 of perfluoroalkyl or 

21 polyfluoroalkyl substances; or 

22 ‘‘(bb) the Administrator has 

23 received reliable water data or 

24 water monitoring surveys for the 

25 perfluoroalkyl or polyfluoroalkyl 


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1 substance or class of 

2 perfluoroalkyl or polyfluoroalkyl 

3 substances from a Federal or 

4 State agency that the Adminis5 trator determines to be of a qual6 ity sufficient to make a deter7 mination under paragraph 

8 (1)(A). 

9 ‘‘(ii) PRIMARY DRINKING WATER REGU10 LATIONS.— 

11 ‘‘(I) IN GENERAL.—For each 

12 perfluoroalkyl or polyfluoroalkyl sub13 stance or class of perfluoroalkyl or 

14 polyfluoroalkyl substances that the Ad15 ministrator determines to regulate 

16 under clause (i), the Administrator— 

17 ‘‘(aa) not later than 18 

18 months after the date on which 

19 the Administrator makes the de20 termination, shall propose a na21 tional primary drinking water 

22 regulation for the perfluoroalkyl 

23 or polyfluoroalkyl substance or 

24 class of perfluoroalkyl or 

25 polyfluoroalkyl substances; and 


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1 ‘‘(bb) may publish the pro2 posed national primary drinking 

3 water regulation described in item 

4 (aa) concurrently with the publi5 cation of the determination to reg6 ulate the perfluoroalkyl or 

7 polyfluoroalkyl substance or class 

8 of perfluoroalkyl or 

9 polyfluoroalkyl substances. 

10 ‘‘(II) DEADLINE.— 

11 ‘‘(aa) IN GENERAL.—Not 

12 later than 1 year after the date on 

13 which the Administrator publishes 

14 a proposed national primary 

15 drinking water regulation under 

16 clause (i)(I) and subject to item 

17 (bb), the Administrator shall take 

18 final action on the proposed na19 tional primary drinking water 

20 regulation. 

21 ‘‘(bb) EXTENSION.—The Ad22 ministrator, on publication of no23 tice in the Federal Register, may 

24 extend the deadline under item 

25 (aa) by not more than 6 months. 


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1 ‘‘(H) HEALTH ADVISORY.— 

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

3 (ii), the Administrator shall publish a 

4 health advisory under paragraph (1)(F) for 

5 a perfluoroalkyl or polyfluoroalkyl substance 

6 or class of perfluoroalkyl or polyfluoroalkyl 

7 substances not subject to a national pri8 mary drinking water regulation not later 

9 than 1 year after the later of— 

10 ‘‘(I) the date on which the Admin11 istrator finalizes a toxicity value for 

12 the perfluoroalkyl or polyfluoroalkyl 

13 substance or class of perfluoroalkyl or 

14 polyfluoroalkyl substances; and 

15 ‘‘(II) the date on which the Ad16 ministrator validates an effective qual17 ity control and testing procedure for 

18 the perfluoroalkyl or polyfluoroalkyl 

19 substance or class of perfluoroalkyl or 

20 polyfluoroalkyl substances. 

21 ‘‘(ii) WAIVER.—The Administrator 

22 may waive the requirements of clause (i) 

23 with respect to a perfluoroalkyl or 

24 polyfluoroalkyl substance or class of 

25 perfluoroalkyl and polyfluoroalkyl subVerDate Sep 11 2014 19:22 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H535.RH H535

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1 stances if the Administrator determines that 

2 there is a substantial likelihood that the 

3 perfluoroalkyl or polyfluoroalkyl substance 

4 or class of perfluoroalkyl or polyfluoroalkyl 

5 substances will not occur in drinking water 

6 with sufficient frequency to justify the pub7 lication of a health advisory, and publishes 

8 such determination, including the informa9 tion and analysis used, and basis for, such 

10 determination, in the Federal Register.’’. 

11 SEC. 6. MONITORING AND DETECTION. 

12 (a) MONITORING PROGRAM FOR UNREGULATED CON13 TAMINANTS.— 

14 (1) IN GENERAL.—The Administrator of the En15 vironmental Protection Agency shall include each sub16 stance described in paragraph (2) in the fifth publica17 tion of the list of unregulated contaminants to be 

18 monitored under section 1445(a)(2)(B)(i) of the Safe 

19 Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)). 

20 (2) SUBSTANCES DESCRIBED.—The substances 

21 referred to in paragraph (1) are perfluoroalkyl and 

22 polyfluoroalkyl substances and classes of 

23 perfluoroalkyl and polyfluoroalkyl substances— 

24 (A) for which a method to measure the level 

25 in drinking water has been validated by the AdVerDate Sep 11 2014 19:22 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H535.RH H535

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1 ministrator of the Environmental Protection 

2 Agency; and 

3 (B) that are not subject to a national pri4 mary drinking water regulation under subpara5 graph (A) or (G)(ii) of paragraph (16) of section 

6 1412(b) of the Safe Drinking Water Act (42 

7 U.S.C. 300g–1(b)). 

8 (3) EXCEPTION.—The perfluoroalkyl and 

9 polyfluoroalkyl substances and classes of 

10 perfluoroalkyl and polyfluoroalkyl substances included 

11 in the list of unregulated contaminants to be mon12 itored under section 1445(a)(2)(B)(i) of the Safe 

13 Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) 

14 under paragraph (1) shall not count towards the 

15 limit of 30 unregulated contaminants to be monitored 

16 by public water systems under that section. 

17 (b) APPLICABILITY.— 

18 (1) IN GENERAL.—The Administrator of the En19 vironmental Protection Agency shall— 

20 (A) require public water systems serving 

21 more than 10,000 persons to monitor for the sub22 stances described in subsection (a)(2); 

23 (B) subject to paragraph (2) and the avail24 ability of appropriations, require public water 

25 systems serving not fewer than 3,300 and not 


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1 more than 10,000 persons to monitor for the sub2 stances described in subsection (a)(2); and 

3 (C) subject to paragraph (2) and the avail4 ability of appropriations, ensure that only a rep5 resentative sample of public water systems serv6 ing fewer than 3,300 persons are required to 

7 monitor for the substances described in sub8 section (a)(2). 

9 (2) REQUIREMENT.—If the Administrator of the 

10 Environmental Protection Agency determines that 

11 there is not sufficient laboratory capacity to carry out 

12 the monitoring required under subparagraphs (B) 

13 and (C) of paragraph (1), the Administrator may 

14 waive the monitoring requirements in those subpara15 graphs. 

16 (3) FUNDS.—The Administrator of the Environ17 mental Protection Agency shall pay the reasonable 

18 cost of such testing and laboratory analysis as is nec19 essary to carry out the monitoring required under 

20 subparagraphs (B) and (C) of paragraph (1) using— 

21 (A) funds made available pursuant to sub22 section (a)(2)(H) or subsection (j)(5) of section 

23 1445 of the Safe Drinking Water Act (42 U.S.C. 

24 300j–4); or 


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1 (B) any other funds made available for that 

2 purpose. 

3 SEC. 7. ENFORCEMENT. 

4 Notwithstanding any other provision of law, the Ad5 ministrator of the Environmental Protection Agency may 

6 not impose financial penalties for the violation of a na7 tional primary drinking water regulation (as defined in 

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

9 300f)) with respect to a perfluoroalkyl or polyfluoroalkyl 

10 substance or class of perfluoroalkyl or polyfluoroalkyl sub11 stances for which a national primary drinking water regu12 lation has been promulgated under clause (i) or (vi) of sub13 paragraph (D) of section 1412(b)(2) of the Safe Drinking 

14 Water Act (42 U.S.C. 300g–1(b)(2)) earlier than the date 

15 that is 5 years after the date on which the Administrator 

16 promulgates the national primary drinking water regula17 tion. 

18 SEC. 8. DRINKING WATER STATE REVOLVING FUNDS. 

19 Section 1452 of the Safe Drinking Water Act (42 

20 U.S.C. 300j–12) is amended— 

21 (1) in subsection (a)(2), by adding at the end the 

22 following: 

23 ‘‘(G) EMERGING CONTAMINANTS.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 any other provision of law and subject to 


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1 clause (ii), amounts deposited under sub2 section (t) in a State loan fund established 

3 under this section may only be used to pro4 vide grants for the purpose of addressing 

5 emerging contaminants, with a focus on 

6 perfluoroalkyl and polyfluoroalkyl sub7 stances. 

8 ‘‘(ii) REQUIREMENTS.— 

9 ‘‘(I) SMALL AND DISADVANTAGED

10 COMMUNITIES.—Not less than 25 per11 cent of the amounts described in clause 

12 (i) shall be used to provide grants to— 

13 ‘‘(aa) disadvantaged commu14 nities (as defined in subsection 

15 (d)(3)); or 

16 ‘‘(bb) public water systems 

17 serving fewer than 25,000 persons. 

18 ‘‘(II) PRIORITIES.—In selecting 

19 the recipient of a grant using amounts 

20 described in clause (i), a State shall 

21 use the priorities described in sub22 section (b)(3)(A). 

23 ‘‘(iii) NO INCREASED BONDING AU24 THORITY.—The amounts deposited in the 

25 State loan fund of a State under subsection 


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1 (t) may not be used as a source of payment 

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

3 whole or in part, any obligation the interest 

4 on which is exempt from the tax imposed 

5 under chapter 1 of the Internal Revenue 

6 Code of 1986.’’; 

7 (2) in subsection (m)(1), in the matter preceding 

8 subparagraph (A), by striking ‘‘this section’’ and in9 serting ‘‘this section, except for subsections (a)(2)(G) 

10 and (t)’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(t) EMERGING CONTAMINANTS.— 

13 ‘‘(1) IN GENERAL.—Amounts made available 

14 under this subsection shall be allotted to a State as 

15 if allotted under subsection (a)(1)(D) as a capitaliza16 tion grant, for deposit into the State loan fund of the 

17 State, for the purposes described in subsection 

18 (a)(2)(G). 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $100,000,000 for each of fiscal years 

22 2020 through 2024, to remain available until ex23 pended.’’. 


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1 SEC. 9. ADDITIONS TO TOXICS RELEASE INVENTORY. 

2 (a) DEFINITION OF TOXICS RELEASE INVENTORY.—In 

3 this section, the term ‘‘toxics release inventory’’ means the 

4 list of toxic chemicals subject to the requirements of section 

5 313(c) of the Emergency Planning and Community Right6 To-Know Act of 1986 (42 U.S.C. 11023(c)). 

7 (b) IMMEDIATE INCLUSION.— 

8 (1) IN GENERAL.—Subject to subsection (e), be9 ginning January 1 of the calendar year following the 

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

11 Environmental Protection Agency shall deem the fol12 lowing chemicals to be included in the toxics release 

13 inventory: 

14 (A) Perfluorooctanoic acid (commonly re15 ferred to as ‘‘PFOA’’) (Chemical Abstracts Serv16 ice No. 335–67–1). 

17 (B) The salts associated with the chemical 

18 described in subparagraph (A) (Chemical Ab19 stracts Service Nos. 3825–26–1, 335–95–5, and 

20 68141–02–6). 

21 (C) Perfluorooctane sulfonic acid (com22 monly referred to as ‘‘PFOS’’) (Chemical Ab23 stracts Service No. 1763–23–1). 

24 (D) The salts associated with the chemical 

25 described in subparagraph (C) (Chemical AbVerDate Sep 11 2014 19:22 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H535.RH H535

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1 stracts Service Nos. 2795–39–3, 29457–72–5, 

2 56773–42–3, 29081–56–9, and 70225–14–8). 

3 (E) A perfluoroalkyl or polyfluoroalkyl sub4 stance or class of perfluoroalkyl or 

5 polyfluoroalkyl substances that is— 

6 (i) listed as an active chemical sub7 stance in the February 2019 update to the 

8 inventory under section 8(b)(1) of the Toxic 

9 Substances Control Act (15 U.S.C. 

10 2607(b)(1)); and 

11 (ii) on the date of enactment of this 

12 Act, subject to the provisions of— 

13 (I) section 721.9582 of title 40, 

14 Code of Federal Regulations; or 

15 (II) section 721.10536 of title 40, 

16 Code of Federal Regulations. 

17 (F) Hexafluoropropylene oxide dimer acid 

18 (commonly referred to as ‘‘GenX’’) (Chemical 

19 Abstracts Service No. 13252–13–6). 

20 (G) The compound associated with the 

21 chemical described in subparagraph (F) identi22 fied by Chemical Abstracts Service No. 62037– 

23 80–3. 


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1 (H) Perfluorononanoic acid (commonly re2 ferred to as ‘‘PFNA’’) (Chemical Abstracts Serv3 ice No. 375–95–1). 

4 (I) Perfluorohexanesulfonic acid (commonly 

5 referred to as ‘‘PFHxS’’) (Chemical Abstracts 

6 Service No. 355–46–4). 

7 (2) THRESHOLD FOR REPORTING.— 

8 (A) IN GENERAL.—Subject to subparagraph 

9 (B), the threshold for reporting the chemicals de10 scribed in paragraph (1) under section 313 of 

11 the Emergency Planning and Community Right12 To-Know Act of 1986 (42 U.S.C. 11023) is 100 

13 pounds. 

14 (B) REVISIONS.—Not later than 5 years 

15 after the date of enactment of this Act, the Ad16 ministrator of the Environmental Protection 

17 Agency shall— 

18 (i) determine whether revision of the 

19 threshold under subparagraph (A) is war20 ranted for any chemical described in para21 graph (1); and 

22 (ii) if the Administrator determines a 

23 revision to be warranted under clause (i), 

24 initiate a revision under section 313(f)(2) of 

25 the Emergency Planning and Community 


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1 Right-To-Know Act of 1986 (42 U.S.C. 

2 11023(f)(2)). 

3 (c) INCLUSION FOLLOWING ASSESSMENT.— 

4 (1) IN GENERAL.— 

5 (A) DATE OF INCLUSION.—Subject to sub6 section (e), notwithstanding section 313 of the 

7 Emergency Planning and Community Right-To8 Know Act of 1986, the Administrator of the En9 vironmental Protection Agency shall deem a 

10 perfluoroalkyl or polyfluoroalkyl substance or 

11 class of perfluoroalkyl or polyfluoroalkyl sub12 stances not described in subsection (b)(1) to be 

13 included in the toxics release inventory begin14 ning January 1 of the calendar year after any 

15 of the following dates: 

16 (i) FINAL TOXICITY VALUE.—The date 

17 on which the Administrator finalizes a tox18 icity value for the perfluoroalkyl or 

19 polyfluoroalkyl substance or class of 

20 perfluoroalkyl or polyfluoroalkyl substances. 

21 (ii) SIGNIFICANT NEW USE RULE.—The 

22 date on which the Administrator makes a 

23 covered determination for the perfluoroalkyl 

24 or polyfluoroalkyl substance or class of 

25 perfluoroalkyl or polyfluoroalkyl substances. 


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1 (iii) ADDITION TO EXISTING SIGNIFI2 CANT NEW USE RULE.—The date on which 

3 the perfluoroalkyl or polyfluoroalkyl sub4 stance or class of perfluoroalkyl or 

5 polyfluoroalkyl substances is added to a list 

6 of substances covered by a covered deter7 mination. 

8 (iv) ADDITION AS ACTIVE CHEMICAL

9 SUBSTANCE.—The date on which the 

10 perfluoroalkyl or polyfluoroalkyl substance 

11 or class of perfluoroalkyl or polyfluoroalkyl 

12 substances to which a covered determination 

13 applies is— 

14 (I) added to the list published 

15 under paragraph (1) of section 8(b) of 

16 the Toxic Substances Control Act and 

17 designated as an active chemical sub18 stance under paragraph (5)(A) of such 

19 section; or 

20 (II) designated as an active chem21 ical substance on such list under para22 graph (5)(B) of such section. 

23 (B) COVERED DETERMINATION.—For pur24 poses of this paragraph, a covered determination 

25 is a determination made, by rule, under section 


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1 5(a)(2) of the Toxic Substances Control Act that 

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

4 polyfluoroalkyl substances is a significant new 

5 use (except such a determination made in con6 nection with a determination described in sec7 tion 5(a)(3)(B) or section 5(a)(3)(C) of such 

8 Act). 

9 (2) THRESHOLD FOR REPORTING.— 

10 (A) IN GENERAL.—Subject to subparagraph 

11 (B), notwithstanding subsection (f)(1) of section 

12 313 of the Emergency Planning and Community 

13 Right-To-Know Act of 1986 (42 U.S.C. 11023), 

14 the threshold for reporting under such section 

15 313 the substances and classes of substances in16 cluded in the toxics release inventory under 

17 paragraph (1) is 100 pounds. 

18 (B) REVISIONS.—Not later than 5 years 

19 after the date on which a perfluoroalkyl or 

20 polyfluoroalkyl substance or class of 

21 perfluoroalkyl or polyfluoroalkyl substances is 

22 included in the toxics release inventory under 

23 paragraph (1), the Administrator of the Envi24 ronmental Protection Agency shall— 


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1 (i) determine whether revision of the 

2 threshold under subparagraph (A) is war3 ranted for the substance or class of sub4 stances; and 

5 (ii) if the Administrator determines a 

6 revision to be warranted under clause (i), 

7 initiate a revision under section 313(f)(2) of 

8 the Emergency Planning and Community 

9 Right-To-Know Act of 1986 (42 U.S.C. 

10 11023(f)(2)). 

11 (d) INCLUSION FOLLOWING DETERMINATION.— 

12 (1) IN GENERAL.—Not later than 2 years after 

13 the date of enactment of this Act, the Administrator 

14 of the Environmental Protection Agency shall deter15 mine whether the substances and classes of substances 

16 described in paragraph (2) meet any one of the cri17 teria described in section 313(d)(2) of the Emergency 

18 Planning and Community Right-To-Know Act of 

19 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the 

20 toxics release inventory. 

21 (2) SUBSTANCES DESCRIBED.—The substances 

22 and classes of substances referred to in paragraph (1) 

23 are perfluoroalkyl and polyfluoroalkyl substances and 

24 classes of perfluoroalkyl and polyfluoroalkyl sub25 stances not described in subsection (b)(1), including— 


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1 (A) perfluoro[(2-pentafluoroethoxy2 ethoxy)acetic acid] ammonium salt (Chemical 

3 Abstracts Service No. 908020–52–0); 

4 (B) 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3- 

5 hexafluoro)–2–(trifluoromethoxy) propanoyl fluo6 ride (Chemical Abstracts Service No. 2479–75– 

7 6); 

8 (C) 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3- 

9 hexafluoro)–2–(trifluoromethoxy) propionic acid 

10 (Chemical Abstracts Service No. 2479–73–4); 

11 (D) 3H-perfluoro-3-[(3-methoxy-propoxy) 

12 propanoic acid] (Chemical Abstracts Service No. 

13 919005–14–4); 

14 (E) the salts associated with the chemical 

15 described in subparagraph (D) (Chemical Ab16 stracts Service Nos. 958445–44–8, 1087271–46– 

17 2, and NOCAS 892452); 

18 (F) 1-octanesulfonic acid 

19 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt 

20 (Chemical Abstracts Service No. 59587–38–1); 

21 (G) perfluorobutanesulfonic acid (Chemical 

22 Abstracts Service No. 375–73–5); 

23 (H) 1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- 

24 nonafluoro-potassium salt (Chemical Abstracts 

25 Service No. 29420–49–3); 


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1 (I) the component associated with the chem2 ical described in subparagraph (H) (Chemical 

3 Abstracts Service No. 45187–15–3); 

4 (J) heptafluorobutyric acid (Chemical Ab5 stracts Service No. 375–22–4); 

6 (K) perfluorohexanoic acid (Chemical Ab7 stracts Service No. 307–24–4); 

8 (L) the compound associated with the chem9 ical described in subsection (b)(1)(F) identified 

10 by Chemical Abstracts Service No. 2062–98–8; 

11 (M) perfluoroheptanoic acid (commonly re12 ferred to as ‘‘PFHpA’’) (Chemical Abstracts 

13 Service No. 375–85–9); 

14 (N) each perfluoroalkyl or polyfluoroalkyl 

15 substance or class of perfluoroalkyl or 

16 polyfluoroalkyl substances for which a method to 

17 measure levels in drinking water has been vali18 dated by the Administrator; and 

19 (O) a perfluoroalkyl and polyfluoroalkyl 

20 substance or class of perfluoroalkyl or 

21 polyfluoroalkyl substances other than the chemi22 cals described in subparagraphs (A) through (N) 

23 that is used to manufacture fluorinated poly24 mers, as determined by the Administrator. 


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1 (3) ADDITION TO TOXICS RELEASE INVENTORY.— 

2 Subject to subsection (e), if the Administrator deter3 mines under paragraph (1) that a substance or a 

4 class of substances described in paragraph (2) meets 

5 any one of the criteria described in section 313(d)(2) 

6 of the Emergency Planning and Community Right7 To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the 

8 Administrator shall revise the toxics release inventory 

9 in accordance with such section 313(d) to include that 

10 substance or class of substances not later than 2 years 

11 after the date on which the Administrator makes the 

12 determination. 

13 (e) CONFIDENTIAL BUSINESS INFORMATION.— 

14 (1) IN GENERAL.—Prior to including on the 

15 toxics release inventory pursuant to subsection (b)(1), 

16 (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl 

17 substance or class of perfluoroalkyl or polyfluoroalkyl 

18 substances the chemical identity of which is subject to 

19 a claim of a person of protection from disclosure 

20 under subsection (a) of section 552 of title 5, United 

21 States Code, pursuant to subsection (b)(4) of that sec22 tion, the Administrator of the Environmental Protec23 tion Agency shall— 

24 (A) review any such claim of protection 

25 from disclosure; and 


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1 (B) require that person to reassert and sub2 stantiate or resubstantiate that claim in accord3 ance with section 14(f) of the Toxic Substances 

4 Control Act (15 U.S.C. 2613(f)). 

5 (2) NONDISCLOSURE OF PROTECTION INFORMA6 TION.—If the Administrator determines that the 

7 chemical identity of a perfluoroalkyl or 

8 polyfluoroalkyl substance or class of perfluoroalkyl or 

9 polyfluoroalkyl substances qualifies for protection 

10 from disclosure pursuant to paragraph (1), the Ad11 ministrator shall include the substance or class of sub12 stances, as applicable, on the toxics release inventory 

13 in a manner that does not disclose the protected infor14 mation. 

15 (f) EMERGENCY PLANNING AND COMMUNITY RIGHT16 TO-KNOW ACT OF 1986.—Section 313(c) of the Emergency 

17 Planning and Community Right-To-Know Act of 1986 (42 

18 U.S.C. 11023(c)) is amended— 

19 (1) by striking the period at the end and insert20 ing ‘‘; and’’; 

21 (2) by striking ‘‘are those chemicals’’ and insert22 ing the following: ‘‘are— 

23 ‘‘(1) the chemicals’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(2) the chemicals included on such list under 

2 subsections (b)(1), (c)(1), and (d)(3) of section 9 of 

3 the PFAS Action Act of 2019.’’. 

4 SEC. 10. PFAS DATA CALL. 

5 Section 8(a) of the Toxic Substances Control Act (15 

6 U.S.C. 2607(a)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(7) PFAS DATA.—Not later than January 1, 

9 2023, the Administrator shall promulgate a rule in 

10 accordance with this subsection requiring each person 

11 who has manufactured a chemical substance that is a 

12 perfluoroalkyl or polyfluoroalkyl substance in any 

13 year since January 1, 2011, to submit to the Admin14 istrator a report that includes, for each year since 

15 January 1, 2011, the information described in sub16 paragraphs (A) through (G) of paragraph (2).’’. 

17 SEC. 11. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN 

18 PFAS. 

19 Not later than June 22, 2020, the Administrator of 

20 the Environmental Protection Agency shall take final ac21 tion on the proposed rule entitled ‘‘Long-Chain 

22 Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate 

23 Chemical Substances; Significant New Use Rule’’ (80 Fed. 

24 Reg. 2885 (January 21, 2015)). 


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1 SEC. 12. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. 

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

3 of enactment of this Act, the Administrator of the Environ4 mental Protection Agency shall publish interim guidance 

5 on the destruction and disposal of perfluoroalkyl and 

6 polyfluoroalkyl substances and materials containing 

7 perfluoroalkyl and polyfluoroalkyl substances, including— 

8 (1) soil and biosolids; 

9 (2) textiles treated with perfluoroalkyl and 

10 polyfluoroalkyl substances; 

11 (3) spent filters, membranes, resins, granular 

12 carbon, and other waste from water treatment; 

13 (4) landfill leachate containing perfluoroalkyl 

14 and polyfluoroalkyl substances; and 

15 (5) solid, liquid, or gas waste streams containing 

16 perfluoroalkyl and polyfluoroalkyl substances from fa17 cilities manufacturing or using perfluoroalkyl and 

18 polyfluoroalkyl substances. 

19 (b) CONSIDERATIONS; INCLUSIONS.—The interim 

20 guidance under subsection (a) shall— 

21 (1) take into consideration— 

22 (A) the potential for releases of 

23 perfluoroalkyl and polyfluoroalkyl substances 

24 during destruction or disposal, including 

25 through volatilization, air dispersion, or leach26 ate; and 


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1 (B) potentially vulnerable populations liv2 ing near likely destruction or disposal sites; and 

3 (2) provide guidance on testing and monitoring 

4 air, effluent, and soil near potential destruction or 

5 disposal sites for releases described in paragraph 

6 (1)(A). 

7 (c) REVISIONS.—The Administrator shall publish revi8 sions to the interim guidance under subsection (a) as the 

9 Administrator determines to be appropriate, but not less 

10 frequently than once every 3 years. 

11 SEC. 13. ESTABLISHMENT OF PFAS INFRASTRUCTURE 

12 GRANT PROGRAM. 

13 Part E of the Safe Drinking Water Act (42 U.S.C. 300j 

14 et seq.) is amended by adding at the end the following new 

15 section: 

16 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS17 TEMS AFFECTED BY PFAS. 

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

19 the date of enactment of this section, the Administrator 

20 shall establish a program to award grants to affected com21 munity water systems to pay for capital costs associated 

22 with the implementation of eligible treatment technologies. 

23 ‘‘(b) APPLICATIONS.— 

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

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1 trator shall publish guidance describing the form and 

2 timing for community water systems to apply for 

3 grants under this section. 

4 ‘‘(2) REQUIRED INFORMATION.—The Adminis5 trator shall require a community water system apply6 ing for a grant under this section to submit— 

7 ‘‘(A) information showing the presence of 

8 PFAS in water of the community water system; 

9 and 

10 ‘‘(B) a certification that the treatment tech11 nology in use by the community water system at 

12 the time of application is not sufficient to re13 move all detectable amounts of PFAS. 

14 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH15 NOLOGIES.—Not later than 150 days after the date of enact16 ment of this section, and every two years thereafter, the Ad17 ministrator shall publish a list of treatment technologies 

18 that the Administrator determines are effective at removing 

19 all detectable amounts of PFAS from drinking water. 

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

21 under this section, the Administrator shall prioritize af22 fected community water systems that— 

23 ‘‘(1) serve a disadvantaged community; 


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

2 for the cost of implementing an eligible treatment 

3 technology; or 

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

5 eligible treatment technology to be implemented using 

6 the grant. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section not 

9 more than $100,000,000 for each of fiscal years 2020 

10 through 2021. 

11 ‘‘(f) DEFINITIONS.—In this section: 

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

13 The term ‘affected community water system’ means a 

14 community water system that is affected by the pres15 ence of PFAS in the water in the community water 

16 system. 

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

18 ‘disadvantaged community’ has the meaning given 

19 that term in section 1452. 

20 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.—The 

21 term ‘eligible treatment technology’ means a treat22 ment technology included on the list published under 

23 subsection (c). 


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1 ‘‘(4) PFAS.—The term ‘PFAS’ means a 

2 perfluoroalkyl or polyfluoroalkyl substance with at 

3 least one fully fluorinated carbon atom.’’. 

4 SEC. 14. COOPERATIVE AGREEMENTS WITH STATES FOR RE5 MOVAL AND REMEDIAL ACTIONS TO ADDRESS 

6 DRINKING, SURFACE, AND GROUND WATER 

7 AND SOIL CONTAMINATION FROM PFAS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) FEDERAL FACILITY.— 

10 (A) IN GENERAL.—The term ‘‘Federal facil11 ity’’ means a facility (as defined in section 101 

12 of the Comprehensive Environmental Response, 

13 Compensation, and Liability Act of 1980 (42 

14 U.S.C. 9601)) that is owned or operated by the 

15 Federal Government. 

16 (B) INCLUSION.—The term ‘‘Federal facil17 ity’’ includes— 

18 (i) a facility or site— 

19 (I) owned by, leased to, or other20 wise possessed by the United States; or 

21 (II) under the jurisdiction of the 

22 Secretary of Defense; 

23 (ii) a facility or site that, at the time 

24 of the actions leading to contamination or 

25 suspected contamination of drinking water, 


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1 surface water, or groundwater or land sur2 face or subsurface strata from a 

3 perfluorinated compound, was— 

4 (I) owned by, leased to, or other5 wise possessed by the United States; or 

6 (II) under the jurisdiction of the 

7 Secretary of Defense; and 

8 (iii) land owned and operated by a 

9 State when the land is used for training the 

10 National Guard pursuant to chapter 5 of 

11 title 32, United States Code, with funds 

12 provided by the Secretary of Defense or the 

13 Secretary of a military department, even 

14 though that land is not under the jurisdic15 tion of the Secretary of Defense. 

16 (2) FULLY FLUORINATED CARBON ATOM.—The 

17 term ‘‘fully fluorinated carbon atom’’ means a carbon 

18 atom on which all the hydrogen substituents have 

19 been replaced by fluorine. 

20 (3) PERFLUORINATED COMPOUND.—The term 

21 ‘‘perfluorinated compound’’ means a perfluoroalkyl 

22 substance or a polyfluoroalkyl substance (or ‘‘PFAS’’) 

23 that is manmade with at least 1 fully fluorinated car24 bon atom. 


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1 (4) STATE.—The term ‘‘State’’ has the meaning 

2 given the term in section 101 of the Comprehensive 

3 Environmental Response, Compensation, and Liabil4 ity Act of 1980 (42 U.S.C. 9601). 

5 (b) COOPERATIVE AGREEMENT.— 

6 (1) IN GENERAL.—On request by the Governor or 

7 chief executive of a State, a Federal department or 

8 agency shall work expeditiously to finalize a coopera9 tive agreement for, or to amend an existing coopera10 tive agreement to address, testing, monitoring, re11 moval, and remedial actions to address contamina12 tion or suspected contamination of drinking water, 

13 surface water, or groundwater or land surface or sub14 surface strata from a perfluorinated compound origi15 nating from a Federal facility. 

16 (2) MINIMUM STANDARDS.—A cooperative agree17 ment finalized or amended under paragraph (1) shall 

18 require the area subject to the cooperative agreement 

19 to meet or exceed the most stringent of the following 

20 standards for perfluorinated compounds in any envi21 ronmental media: 

22 (A) An enforceable State standard, in effect 

23 in that State, for drinking water, surface water, 

24 or groundwater or land surface or subsurface 

25 strata, as required under section 121(d) of the 


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1 Comprehensive Environmental Response, Com2 pensation, and Liability Act of 1980 (42 U.S.C. 

3 9621(d)). 

4 (B) A health advisory under section 

5 1412(b)(1)(F) of the Safe Drinking Water Act 

6 (42 U.S.C. 300g–1(b)(1)(F)). 

7 (C) Any Federal standard, requirement, cri8 terion, or limit, including a standard, require9 ment, criterion, or limit issued under— 

10 (i) the Toxic Substances Control Act 

11 (15 U.S.C. 2601 et seq.); 

12 (ii) the Safe Drinking Water Act (42 

13 U.S.C. 300f et seq.); 

14 (iii) the Clean Air Act (42 U.S.C. 7401 

15 et seq.); 

16 (iv) the Federal Water Pollution Con17 trol Act (33 U.S.C. 1251 et seq.); 

18 (v) the Marine Protection, Research, 

19 and Sanctuaries Act of 1972 (commonly 

20 known as the ‘‘Ocean Dumping Act’’) (33 

21 U.S.C. 1401 et seq.); or 

22 (vi) the Solid Waste Disposal Act (42 

23 U.S.C. 6901 et seq.). 

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1 graph (1), when otherwise authorized to expend funds 

2 for the purpose of addressing ground or surface water 

3 contaminated by a perfluorinated compound, the head 

4 of a Federal department or agency may, to expend 

5 those funds, enter into a grant agreement, cooperative 

6 agreement, or contract with— 

7 (A) the local water authority with jurisdic8 tion over the contamination site, including— 

9 (i) a public water system (as defined 

10 in section 1401 of the Safe Drinking Water 

11 Act (42 U.S.C. 300f)); and 

12 (ii) a publicly owned treatment works 

13 (as defined in section 212 of the Federal 

14 Water Pollution Control Act (33 U.S.C. 

15 1292)); or 

16 (B) a State, local, or Tribal government. 

17 (c) NOTIFICATION REQUIREMENT.— 

18 (1) DEFINITION OF APPROPRIATE CONGRES19 SIONAL COMMITTEES.—In this subsection, the term 

20 ‘‘appropriate congressional committees’’ means— 

21 (A) the Committee on Environment and 

22 Public Works of the Senate; 

23 (B) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; 


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1 (C) the Committee on Energy and Com2 merce of the House of Representatives; and 

3 (D) the Committee on Oversight and Re4 form of the House of Representatives. 

5 (2) REPORT.— 

6 (A) IN GENERAL.—If a cooperative agree7 ment is not finalized or amended under sub8 section (b) by the date that is 1 year after the 

9 date on which a request by the Governor or chief 

10 executive of a State was made, the President 

11 shall submit a report described in subparagraph 

12 (B) to— 

13 (i) the appropriate congressional com14 mittees; 

15 (ii) each Senator from the State af16 fected by the perfluorinated compound con17 tamination; and 

18 (iii) each member of Congress that rep19 resents a district affected by the 

20 perfluorinated compound contamination. 

21 (B) REPORT DESCRIBED.—The report re22 ferred to in subparagraph (A) shall include— 

23 (i) a detailed explanation of why a co24 operative agreement has not been finalized 

25 or amended, as applicable; and 


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1 (ii) a projected timeline for finalizing 

2 or amending a cooperative agreement, as 

3 applicable. 

4 SEC. 15. LISTING OF PERFLUOROALKYL AND 

5 POLYFLUOROALKYL SUBSTANCES AS HAZ6 ARDOUS AIR POLLUTANTS. 

7 (a) LISTING.—Not later than 180 days after the date 

8 of enactment of this Act, the Administrator of the Environ9 mental Protection Agency shall issue a final rule adding 

10 as a class all perfluoroalkyl and polyfluoroalkyl substances 

11 with at least one fully fluorinated carbon atom to the list 

12 of hazardous air pollutants under section 112(b) of the 

13 Clean Air Act (42 U.S.C. 7412(b)). 

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

15 after the final rule is issued pursuant to subsection (a), the 

16 Administrator of the Environmental Protection Agency 

17 shall revise the list under section 112(c)(1) of the Clean Air 

18 Act (42 U.S.C. 7412(c)(1)) to include categories and subcat19 egories of major sources and area sources of perfluoroalkyl 

20 and polyfluoroalkyl substances listed pursuant to such final 

21 rule. 

22 SEC. 16. PROHIBITION ON WASTE INCINERATION OF PFAS. 

23 Section 3004 of the Solid Waste Disposal Act (42 

24 U.S.C. 6924) is amended by adding at the end the following 

25 new subsection: 


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1 ‘‘(z) PFAS WASTES.— 

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

3 months after the date of enactment of this subsection, 

4 the Administrator shall promulgate regulations re5 quiring that when materials containing 

6 perfluoroalkyl and polyfluoroalkyl substances or aque7 ous film forming foam are disposed— 

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

9 manner that eliminates perfluoroalkyl and 

10 polyfluoroalkyl substances while also minimizing 

11 perfluoroalkyl and polyfluoroalkyl substances 

12 emitted into the air to the extent feasible; 

13 ‘‘(B) all incineration is conducted in ac14 cordance with the requirements of the Clean Air 

15 Act, including controlling hydrogen fluoride; 

16 ‘‘(C) any materials containing 

17 perfluoroalkyl and polyfluoroalkyl substances 

18 that are designated for disposal are stored in ac19 cordance with the requirement under part 264 of 

20 title 40, Code of Federal Regulations; and 

21 ‘‘(D) all incineration is conducted at a fa22 cility that has been permitted to receive waste 

23 regulated under this subtitle. 

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

25 3008(d), a waste subject to a prohibition under this 


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•HR 535 RH

1 subsection shall be considered a hazardous waste iden2 tified or listed under this subtitle.’’. 

3 SEC. 17. LABEL FOR POTS, PANS, AND COOKING UTENSILS. 

4 (a) LABEL FOR POTS, PANS, AND COOKING UTEN5 SILS.—Not later than 1 year after the date of enactment 

6 of this Act, the Administrator of the Environmental Protec7 tion Agency shall— 

8 (1) revise the Safer Choice Standard of the Safer 

9 Choice Program to identify the requirements for a 

10 pot, pan, or cooking utensil to meet in order to be la11 beled with a Safer Choice label, including a require12 ment that any such pot, pan, or cooking utensil does 

13 not contain any PFAS; or 

14 (2) establish voluntary label available to be used 

15 by any manufacturer of any pot, pan, or cooking 

16 utensil that the Administrator has reviewed and 

17 found does not contain any PFAS. 

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

19 means a perfluoroalkyl or polyfluoroalkyl substance with at 

20 least one fully fluorinated carbon atom. 

21 SEC. 18. GUIDANCE ON MINIMIZING THE USE OF FIRE22 FIGHTING FOAM AND OTHER RELATED 

23 EQUIPMENT CONTAINING ANY PFAS. 

24 (a) GUIDANCE.—Not later than one year after the date 

25 of enactment of this Act, the Administrator of the EnvironVerDate Sep 11 2014 19:22 Jan 02, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H535.RH H535

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1 mental Protection Agency, in consultation with the head of 

2 the U.S. Fire Administration and other relevant Federal 

3 departments or agencies, shall issue guidance on mini4 mizing the use of firefighting foam and other related equip5 ment containing any PFAS by firefighters, police officers, 

6 paramedics, emergency medical technicians, and other first 

7 responders, in order to minimize the risk to such fire8 fighters, police officers, paramedics, emergency medical 

9 technicians, and other first responders, and the environ10 ment, without jeopardizing firefighting efforts. 

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

12 means perfluorooctanoic acid, perfluorooctanesulfonic acid, 

13 and any other perfluoroalkyl or polyfluoroalkyl substance 

14 with at least one fully fluorinated carbon atom that the Ad15 ministrator of the Environmental Protection Agency deter16 mines is used in firefighting foam. 


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pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 289 

116TH CONGRESS 

1ST SESSION H. R. 535 

[Report No. 116–364, Part I] 

A BILL 

To require the Administrator of the Environmental 

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

JANUARY 2, 2020 

Reported from the Committee on Energy and Commerce 

with an amendment 

JANUARY 2, 2020 

Committee on Transportation and Infrastructure disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


pamtmann on DSKBC07HB2PROD with BILLS