IIB 

117TH CONGRESS 

1ST SESSION H. R. 2467 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2021 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘PFAS Action Act of 2021’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Designation as hazardous substances. 

Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances. 

Sec. 4. Manufacturing and processing notices for perfluoroalkyl and 

polyfluoroalkyl substances. 

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

Sec. 6. Enforcement. 

Sec. 7. Establishment of PFAS infrastructure grant program. 

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

air pollutants. 

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

Sec. 10. Label for PFAS-free products. 

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

equipment containing any PFAS. 

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

Sec. 13. Disclosure of introductions of PFAS. 

Sec. 14. Household well water testing website. 

Sec. 15. Risk-communication strategy. 

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

a focus on perfluoroalkyl and polyfluoroalkyl substances. 

Sec. 17. Clean Water Act effluent limitations guidelines and standards and 

water quality criteria for PFAS. 

Sec. 18. School drinking water testing and filtration grant program. 

Sec. 19. Analytical reference standards for PFAS. 

6 SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES. 

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

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

9 Environmental Protection Agency shall designate 

10 perfluorooctanoic acid and its salts, and 

11 perfluoroactanesulfonic acid and its salts, as hazardous 

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

14 1980 (42 U.S.C. 9602(a)). 


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1 (b) DEADLINE FOR ADDITIONAL DETERMINA2 TIONS.—Not later than 5 years after the date of enact3 ment of this Act, the Administrator of the Environmental 

4 Protection Agency shall determine whether to designate 

5 all perfluoroalkyl and polyfluoroalkyl substances, other 

6 than those perfluoroalkyl and polyfluoroalkyl substances 

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

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

11 (c) AIRPORT SPONSORS.— 

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

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

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

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

17 under the Comprehensive Environmental Response, 

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

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

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

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

24 aqueous film forming foam agent, if such use was— 


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1 (A) required by the Federal Aviation Ad2 ministration for compliance with part 139 of 

3 title 14, Code of Federal Regulations; and 

4 (B) carried out in accordance with Federal 

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

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

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

9 section 47102 of title 49, United States Code. 

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

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

12 Administrator of the Environmental Protection Agency 

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

16 (e) REVIEW.— 

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

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

20 submit to the appropriate congressional committees 

21 a report containing a review of actions by the Envi22 ronmental Protection Agency to clean up contamina23 tion of the substances designated pursuant to sub24 section (a). 


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1 (2) MATTERS INCLUDED.— The report under 

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

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

9 (B) Which types of chemicals relating to 

10 such substances were present at each site and 

11 the extent to which each site was contaminated. 

12 (C) An analysis of discrepancies in cleanup 

13 between Federal and non-Federal contamina14 tion sites. 

15 (D) Any other elements the Administrator 

16 may determine necessary. 

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

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

23 (B) The Committee on the Environment 

24 and Public Works of the Senate. 


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1 SEC. 3. TESTING OF PERFLUOROALKYL AND 

2 POLYFLUOROALKYL SUBSTANCES. 

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

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

5 amended by adding at the end the following: 

6 ‘‘(5) PERFLUOROALKYL AND

7 POLYFLUOROALKYL SUBSTANCES RULE.— 

8 ‘‘(A) RULE.—Notwithstanding paragraphs 

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

10 rule, require that comprehensive toxicity testing 

11 be conducted on all chemical substances that 

12 are perfluoroalkyl or polyfluoroalkyl substances. 

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

14 under subparagraph (A), the Administrator— 

15 ‘‘(i) may establish categories of 

16 perfluoroalkyl and polyfluoroalkyl sub17 stances based on hazard characteristics or 

18 chemical properties; 

19 ‘‘(ii) shall require the development of 

20 information relating to perfluoroalkyl and 

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

23 evaluating the hazard and risk posed by 

24 such substances in land, air, and water (in25 cluding drinking water and water used for 


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1 agricultural purposes), as well as in prod2 ucts; and 

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

4 testing requirements based on hazard char5 acteristics or chemical properties of 

6 perfluoroalkyl and polyfluoroalkyl sub7 stances or categories of perfluoroalkyl and 

8 polyfluoroalkyl substances. 

9 ‘‘(C) DEADLINES.—The Administrator 

10 shall issue— 

11 ‘‘(i) a proposed rule under subpara12 graph (A) not later than 6 months after 

13 the date of enactment of this paragraph; 

14 and 

15 ‘‘(ii) a final rule under subparagraph 

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

17 of enactment of this paragraph.’’. 

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

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

20 is amended— 

21 (1) in subparagraph (A), by striking ‘‘subpara22 graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 

23 (C), or (D)’’; and 

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


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

2 development of information by any person who manufac3 tures or processes, or intends to manufacture or process, 

4 a chemical substance that is a perfluoroalkyl or 

5 polyfluoroalkyl substance.’’. 

6 (c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB7 STANCES.—Section 4 of the Toxic Substances Control Act 

8 (15 U.S.C. 2603) is amended by adding at the end the 

9 following: 

10 ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL

11 SUBSTANCES.— 

12 ‘‘(1) TESTING REQUIREMENT RULE.— 

13 ‘‘(A) PROTOCOLS AND METHODOLOGIES.— 

14 In determining the protocols and methodologies 

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

16 a rule under subsection (a)(5), the Adminis17 trator shall allow for protocols and methodolo18 gies that test chemical substances that are 

19 perfluoroalkyl and polyfluoroalkyl substances as 

20 a class. 

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

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

23 a rule under subsection (a)(5), the Adminis24 trator shall ensure that the period is as short 


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1 as possible while allowing for completion of the 

2 required testing. 

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

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

5 perfluoroalkyl or polyfluoroalkyl substance, the Ad6 ministrator— 

7 ‘‘(A) may only determine under subsection 

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

9 the chemical substance with respect to which 

10 the application for exemption is submitted is in 

11 the same category, as established under sub12 section (a)(5)(B)(i), as a chemical substance for 

13 which information has been submitted to the 

14 Administrator in accordance with a rule, order, 

15 or consent agreement under subsection (a) or 

16 for which information is being developed pursu17 ant to such a rule, order, or consent agreement; 

18 and 

19 ‘‘(B) shall publish a list of all such chem20 ical substances for which an exemption under 

21 subsection (c) is granted.’’. 


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1 SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR 

2 PERFLUOROALKYL AND POLYFLUOROALKYL 

3 SUBSTANCES. 

4 Section 5 of the Toxic Substances Control Act (15 

5 U.S.C. 2604) is amended— 

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

7 following: 

8 ‘‘(7) PFAS.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), this subsection does not 

11 apply to any chemical substance that is a 

12 perfluoroalkyl or polyfluoroalkyl substance. 

13 ‘‘(B) DRUGS AND DEVICES.—Paragraph 

14 (3) applies to a chemical substance that is a 

15 perfluoroalkyl or polyfluoroalkyl substance 

16 which is manufactured or processed, or pro17 posed to be manufactured or processed, solely 

18 for purposes of— 

19 ‘‘(i) scientific experimentation or anal20 ysis with respect to a drug or device (as 

21 such terms are defined in section 201 of 

22 the Federal Food, Drug, and Cosmetic 

23 Act) or personal protective equipment (as 

24 such term is defined in section 20005 of 

25 the CARES Act); or 


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1 ‘‘(ii) chemical research on, or analysis 

2 of, such a chemical substance for the devel3 opment of a drug or device (as such terms 

4 are defined in section 201 of the Federal 

5 Food, Drug, and Cosmetic Act) or personal 

6 protective equipment (as such term is de7 fined in section 20005 of the CARES 

8 Act).’’; and 

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

10 ‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL

11 SUBSTANCES.— 

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

13 years beginning on the date of enactment of this 

14 subsection, any chemical substance that is a 

15 perfluoroalkyl or polyfluoroalkyl substance for which 

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

17 deemed to have been determined by the Adminis18 trator to present an unreasonable risk of injury to 

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

20 of such subsection. 

21 ‘‘(2) ORDER.—Notwithstanding subsection 

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

23 paragraph (1) of this subsection, the Administrator 

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1 hibit the manufacture, processing, and distribution 

2 in commerce of such chemical substance.’’. 

3 SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULA4 TIONS FOR PFAS. 

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

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

7 following: 

8 ‘‘(16) PERFLUOROALKYL AND

9 POLYFLUOROALKYL SUBSTANCES.— 

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

11 after the date of enactment of this paragraph, 

12 the Administrator shall, after notice and oppor13 tunity for public comment, promulgate a na14 tional primary drinking water regulation for 

15 perfluoroalkyl and polyfluoroalkyl substances, 

16 which shall, at a minimum, include standards 

17 for— 

18 ‘‘(i) perfluorooctanoic acid (commonly 

19 referred to as ‘PFOA’); and 

20 ‘‘(ii) perfluorooctane sulfonic acid 

21 (commonly referred to as ‘PFOS’). 

22 ‘‘(B) ALTERNATIVE PROCEDURES.— 

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

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1 trol and testing procedure to ensure com2 pliance with the national primary drinking 

3 water regulation promulgated under sub4 paragraph (A) to measure the levels de5 scribed in clause (ii) or other methods to 

6 detect and monitor perfluoroalkyl and 

7 polyfluoroalkyl substances in drinking 

8 water, the Administrator shall add the pro9 cedure or method as an alternative to the 

10 quality control and testing procedure de11 scribed in such national primary drinking 

12 water regulation by publishing the proce13 dure or method in the Federal Register in 

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

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

16 referred to in clause (i) are— 

17 ‘‘(I) the level of a perfluoroalkyl 

18 or polyfluoroalkyl substance; 

19 ‘‘(II) the total levels of 

20 perfluoroalkyl and polyfluoroalkyl sub21 stances; and 

22 ‘‘(III) the total levels of organic 

23 fluorine. 

24 ‘‘(C) INCLUSIONS.—The Administrator 

25 may include a perfluoroalkyl or polyfluoroalkyl 


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1 substance or class of perfluoroalkyl or 

2 polyfluoroalkyl substances on— 

3 ‘‘(i) the list of contaminants for con4 sideration of regulation under paragraph 

5 (1)(B)(i), in accordance with such para6 graph; and 

7 ‘‘(ii) the list of unregulated contami8 nants to be monitored under section 

9 1445(a)(2)(B)(i), in accordance with such 

10 section. 

11 ‘‘(D) MONITORING.—When establishing 

12 monitoring requirements for public water sys13 tems as part of a national primary drinking 

14 water regulation under subparagraph (A) or 

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

16 tailor the monitoring requirements for public 

17 water systems that do not detect or are reliably 

18 and consistently below the maximum contami19 nant level (as defined in section 1418(b)(2)(B)) 

20 for the perfluoroalkyl or polyfluoroalkyl sub21 stance or class of perfluoroalkyl or 

22 polyfluoroalkyl substances subject to the na23 tional primary drinking water regulation. 

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

25 primary drinking water regulation promulgated 


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1 under subparagraph (A) shall be protective of 

2 the health of subpopulations at greater risk, as 

3 described in section 1458. 

4 ‘‘(F) HEALTH RISK REDUCTION AND COST

5 ANALYSIS.—In meeting the requirements of 

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

7 on information available to the Administrator 

8 with respect to one or more specific 

9 perfluoroalkyl or polyfluoroalkyl substances to 

10 extrapolate reasoned conclusions regarding the 

11 health risks and effects of a class of 

12 perfluoroalkyl or polyfluoroalkyl substances of 

13 which the specific perfluoroalkyl or 

14 polyfluoroalkyl substances are a part. 

15 ‘‘(G) REGULATION OF ADDITIONAL SUB16 STANCES.— 

17 ‘‘(i) DETERMINATION.—The Adminis18 trator shall make a determination under 

19 paragraph (1)(A), using the criteria de20 scribed in clauses (i) through (iii) of that 

21 paragraph, whether to include a 

22 perfluoroalkyl or polyfluoroalkyl substance 

23 or class of perfluoroalkyl or polyfluoroalkyl 

24 substances in the national primary drink25 ing water regulation under subparagraph 


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1 (A) not later than 18 months after the 

2 later of— 

3 ‘‘(I) the date on which the 

4 perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances is listed on 

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

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

10 ‘‘(II) the date on which— 

11 ‘‘(aa) the Administrator has 

12 received the results of monitoring 

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

14 the perfluoroalkyl or 

15 polyfluoroalkyl substance or class 

16 of perfluoroalkyl or 

17 polyfluoroalkyl substances; or 

18 ‘‘(bb) the Administrator has 

19 received reliable water data or 

20 water monitoring surveys for the 

21 perfluoroalkyl or polyfluoroalkyl 

22 substance or class of 

23 perfluoroalkyl or polyfluoroalkyl 

24 substances from a Federal or 

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1 trator determines to be of a qual2 ity sufficient to make a deter3 mination under paragraph 

4 (1)(A). 

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

7 ‘‘(I) IN GENERAL.—For each 

8 perfluoroalkyl or polyfluoroalkyl sub9 stance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances that the 

11 Administrator determines to regulate 

12 under clause (i), the Administrator— 

13 ‘‘(aa) not later than 18 

14 months after the date on which 

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

18 regulation for the perfluoroalkyl 

19 or polyfluoroalkyl substance or 

20 class of perfluoroalkyl or 

21 polyfluoroalkyl substances; and 

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

24 water regulation described in 

25 item (aa) concurrently with the 


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1 publication of the determination 

2 to regulate the perfluoroalkyl or 

3 polyfluoroalkyl substance or class 

4 of perfluoroalkyl or 

5 polyfluoroalkyl substances. 

6 ‘‘(II) DEADLINE.— 

7 ‘‘(aa) IN GENERAL.—Not 

8 later than 1 year after the date 

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

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

13 item (bb), the Administrator 

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

16 water regulation. 

17 ‘‘(bb) EXTENSION.—The 

18 Administrator, on publication of 

19 notice in the Federal Register, 

20 may extend the deadline under 

21 item (aa) by not more than 6 

22 months. 

23 ‘‘(H) HEALTH ADVISORY.— 

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

25 (ii), the Administrator shall publish a 


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

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

4 polyfluoroalkyl substances not subject to a 

5 national primary drinking water regulation 

6 not later than 1 year after the later of— 

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

9 for the perfluoroalkyl or 

10 polyfluoroalkyl substance or class of 

11 perfluoroalkyl or polyfluoroalkyl sub12 stances; and 

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

16 the perfluoroalkyl or polyfluoroalkyl 

17 substance or class of perfluoroalkyl or 

18 polyfluoroalkyl substances. 

19 ‘‘(ii) WAIVER.—The Administrator 

20 may waive the requirements of clause (i) 

21 with respect to a perfluoroalkyl or 

22 polyfluoroalkyl substance or class of 

23 perfluoroalkyl and polyfluoroalkyl sub24 stances if the Administrator determines 

25 that there is a substantial likelihood that 


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1 the perfluoroalkyl or polyfluoroalkyl sub2 stance or class of perfluoroalkyl or 

3 polyfluoroalkyl substances will not occur in 

4 drinking water with sufficient frequency to 

5 justify the publication of a health advisory, 

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

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

10 SEC. 6. ENFORCEMENT. 

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

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

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

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

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

20 the Safe Drinking Water Act earlier than the date that 

21 is 5 years after the date on which the Administrator pro22 mulgates the national primary drinking water regulation. 


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1 SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUCTURE 

2 GRANT PROGRAM. 

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

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

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

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

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

12 associated with the implementation of eligible treatment 

13 technologies. 

14 ‘‘(b) APPLICATIONS.— 

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

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

18 form and timing for community water systems to 

19 apply for grants under this section. 

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

23 ‘‘(A) information showing the presence of 

24 PFAS in water of the community water system; 

25 and 


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1 ‘‘(B) a certification that the treatment 

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

4 to meet all applicable standards, and all appli5 cable health advisories published pursuant to 

6 section 1412(b)(1)(F), for perfluoroalkyl and 

7 polyfluoroalkyl substances. 

8 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH9 NOLOGIES.—Not later than 150 days after the date of en10 actment of this section, and every 2 years thereafter, the 

11 Administrator shall publish a list of treatment tech12 nologies that the Administrator determines are the most 

13 effective at removing perfluoroalkyl and polyfluoroalkyl 

14 substances from drinking water. 

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

16 under this section, the Administrator shall prioritize an 

17 affected community water system that— 

18 ‘‘(1) serves a disadvantaged community; 

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

20 share for the cost of implementing an eligible treat21 ment technology; 

22 ‘‘(3) demonstrates the capacity to maintain the 

23 eligible treatment technology to be implemented 

24 using the grant; or 


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1 ‘‘(4) is located within an area with respect to 

2 which the Administrator has published a determina3 tion under the first sentence of section 1424(e) re4 lating to an aquifer that is the sole or principal 

5 drinking water source for the area. 

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

7 Amounts awarded to affected community water systems 

8 under this section may not be used as a source of payment 

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

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

11 the tax imposed under chapter 1 of the Internal Revenue 

12 Code of 1986. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

15 appropriated to carry out this section not more than 

16 $500,000,000 for each of fiscal years 2022 through 

17 2026. 

18 ‘‘(2) SPECIAL RULE.—Of the amounts author19 ized to be appropriated by paragraph (1), 

20 $25,000,000 are authorized to be appropriated for 

21 each of fiscal years 2022 and 2023 for grants under 

22 subsection (a) to pay for capital costs associated 

23 with the implementation of eligible treatment tech24 nologies during the period beginning on October 1, 


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1 2014, and ending on the date of enactment of this 

2 section. 

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

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

5 The term ‘affected community water system’ means 

6 a community water system that is affected by the 

7 presence of PFAS in the water in the community 

8 water system. 

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

10 ‘disadvantaged community’ has the meaning given 

11 that term in section 1452. 

12 ‘‘(3) DISPROPORTIONATELY EXPOSED COMMU13 NITY.—The term ‘disproportionately exposed com14 munity’ means a community in which climate 

15 change, pollution, or environmental destruction have 

16 exacerbated systemic racial, regional, social, environ17 mental, and economic injustices by disproportion18 ately affecting indigenous peoples, communities of 

19 color, migrant communities, deindustrialized commu20 nities, depopulated rural communities, the poor, low21 income workers, women, the elderly, the unhoused, 

22 people with disabilities, or youth. 

23 ‘‘(4) ELIGIBLE TREATMENT TECHNOLOGY.— 

24 The term ‘eligible treatment technology’ means a 


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1 treatment technology included on the list published 

2 under subsection (c). 

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

4 perfluoroalkyl or polyfluoroalkyl substance with at 

5 least one fully fluorinated carbon atom, including the 

6 chemical GenX.’’. 

7 SEC. 8. LISTING OF PERFLUOROALKYL AND 

8 POLYFLUOROALKYL SUBSTANCES AS HAZ9 ARDOUS AIR POLLUTANTS. 

10 (a) LISTING.— 

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

12 after the date of enactment of this Act, the Adminis13 trator of the Environmental Protection Agency shall 

14 issue a final rule adding perfluorooctanoic acid and 

15 its salts, and perfluoroactanesulfonic acid and its 

16 salts, to the list of hazardous air pollutants under 

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

18 7412(b)). 

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

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

21 Administrator of the Environmental Protection 

22 Agency shall determine whether to issue, in accord23 ance with section 112 of the Clean Air Act (42 

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

25 and polyfluoroalkyl substances, other than those 


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1 perfluoroalkyl and polyfluoroalkyl substances listed 

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

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

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

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

6 the Administrator of the Environmental Protection Agen7 cy shall revise the list under section 112(c)(1) of the Clean 

8 Air Act (42 U.S.C. 7412(c)(1)) to include categories and 

9 subcategories of major sources and area sources of 

10 perfluoroalkyl and polyfluoroalkyl substances listed pursu11 ant to such final rule. 

12 SEC. 9. PROHIBITION ON UNSAFE WASTE INCINERATION OF 

13 PFAS. 

14 Section 3004 of the Solid Waste Disposal Act (42 

15 U.S.C. 6924) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(z) PFAS WASTES.— 

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

19 months after the date of enactment of this sub20 section, the Administrator shall promulgate regula21 tions requiring that when materials containing 

22 perfluoroalkyl and polyfluoroalkyl substances or 

23 aqueous film forming foam are disposed— 

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

25 manner that eliminates perfluoroalkyl and 


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1 polyfluoroalkyl substances while also minimizing 

2 perfluoroalkyl and polyfluoroalkyl substances 

3 emitted into the air to the extent feasible; 

4 ‘‘(B) all incineration is conducted in ac5 cordance with the requirements of the Clean Air 

6 Act, including controlling hydrogen fluoride; 

7 ‘‘(C) any materials containing 

8 perfluoroalkyl and polyfluoroalkyl substances 

9 that are designated for disposal are stored in 

10 accordance with the requirement under part 

11 264 of title 40, Code of Federal Regulations; 

12 and 

13 ‘‘(D) all incineration is conducted at a fa14 cility that has been permitted to receive waste 

15 regulated under this subtitle. 

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

17 3008(d), a waste subject to a prohibition under this 

18 subsection shall be considered a hazardous waste 

19 identified or listed under this subtitle.’’. 

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

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

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

23 Administrator of the Environmental Protection Agency 

24 shall— 


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1 (1) revise the Safer Choice Standard of the 

2 Safer Choice Program to identify the requirements 

3 for a covered product to meet in order to be labeled 

4 with a Safer Choice label, including a requirement 

5 that any such covered product does not contain any 

6 PFAS; or 

7 (2) establish a voluntary label that is available 

8 to be used by any manufacturer of any covered prod9 uct that the Administrator has reviewed and found 

10 does not contain any PFAS. 

11 (b) DEFINITIONS.—In this section: 

12 (1) COVERED PRODUCT.—The term ‘‘covered 

13 product’’ means— 

14 (A) a pot, 

15 (B) a pan; 

16 (C) a cooking utensil; 

17 (D) carpet; 

18 (E) a rug; 

19 (F) clothing; 

20 (G) upholstered furniture; 

21 (H) a stain resistant, water resistant, or 

22 grease resistant coating not subject to require23 ments under section 409 of the Federal Food, 

24 Drug, and Cosmetic Act; 

25 (I) food packaging material; 


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1 (J) an umbrella; 

2 (K) luggage; or 

3 (L) a cleaning product. 

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

5 perfluoroalkyl or polyfluoroalkyl substance with at 

6 least one fully fluorinated carbon atom. 

7 SEC. 11. GUIDANCE ON MINIMIZING THE USE OF FIRE8 FIGHTING FOAM AND OTHER RELATED 

9 EQUIPMENT CONTAINING ANY PFAS. 

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

11 of enactment of this Act, the Administrator of the Envi12 ronmental Protection Agency, in consultation with the 

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

14 Administration, and other relevant Federal departments 

15 or agencies and representatives of State and local building 

16 and fire code enforcement jurisdictions, shall issue guid17 ance on minimizing the use of, or contact with, firefighting 

18 foam and other related equipment containing any PFAS 

19 by firefighters, police officers, paramedics, emergency 

20 medical technicians, and other first responders, in order 

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

22 paramedics, emergency medical technicians, and other 

23 first responders, and the environment, without jeopard24 izing firefighting efforts. 


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

2 the date of the enactment of this Act, and annually there3 after, the Administrator, in consultation with the head of 

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

5 report on the effectiveness of the guidance issued under 

6 subsection (a). Such report shall include recommendations 

7 for congressional actions that the Administrator deter8 mines appropriate to assist efforts to reduce exposure to 

9 PFAS by firefighters and the other persons described in 

10 subsection (a). 

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

12 of enactment of this Act, the Administrator of the Envi13 ronmental Protection Agency, in consultation with the 

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

15 Federal departments or agencies, shall report to Congress 

16 on the efforts of the Environmental Protection Agency and 

17 other relevant Federal departments and agencies to iden18 tify viable alternatives to firefighting foam and other re19 lated equipment containing any PFAS. 

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

21 means perfluorooctanoic acid, perfluorooctanesulfonic 

22 acid, and any other perfluoroalkyl or polyfluoroalkyl sub23 stance with at least one fully fluorinated carbon atom that 

24 the Administrator of the Environmental Protection AgenVerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467

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1 cy determines is used in firefighting foam and other re2 lated equipment. 

3 SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINA4 TION BY GENX. 

5 The Administrator of the Environmental Protection 

6 Agency shall investigate methods and means to prevent 

7 contamination by GenX of surface waters, including 

8 source waters used for drinking water purposes. 

9 SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS. 

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

11 perfluoroalkyl or polyfluoroalkyl substance by the owner 

12 or operator of an industrial source shall be unlawful unless 

13 such owner or operator first notifies the owner or operator 

14 of the applicable treatment works of— 

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

16 (2) whether such substance is susceptible to 

17 treatment by such treatment works; and 

18 (3) whether such substance would interfere with 

19 the operation of the treatment works. 

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

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

22 promulgated under subsection 307(b) of the Federal 

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

24 (c) DEFINITIONS.—In this section: 


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

2 means the introduction of pollutants into treatment 

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

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

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

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

7 212 of the Federal Water Pollution Control Act (33 

8 U.S.C. 1292). 

9 SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE. 

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

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

12 Environmental Protection Agency shall establish a website 

13 containing information relating to the testing of household 

14 well water. 

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

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

17 (1) Information on how to get groundwater that 

18 is the source for a household water well tested by a 

19 well inspector who is certified by a qualified third 

20 party. 

21 (2) A list of laboratories that analyze water 

22 samples and are certified by a State or the Adminis23 trator. 


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1 (3) State-specific information, developed in co2 ordination with each State, on naturally occurring 

3 and human-induced contaminants. 

4 (4) Information that, using accepted risk com5 munication techniques, clearly communicates wheth6 er a test result value exceeds a level determined by 

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

8 (5) Information on treatment options, including 

9 information relating to water treatment systems cer10 tified to the relevant NSF/ANSI American National 

11 Standard for drinking water treatment units by a 

12 third-party certification body accredited by the 

13 ANSI National Accreditation Board. 

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

15 test result value that exceeds a level determined by 

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

17 (7) Information on financial assistance that is 

18 available for homeowners to support water treat19 ment, including grants under section 306E of the 

20 Consolidated Farm and Rural Development Act (7 

21 U.S.C. 1926e) and State resources. 

22 (8) Information about the health risks associ23 ated with consuming water contaminated with PFAS 

24 as well as recommendations for individuals who beVerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467

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1 lieve they may have consumed such PFAS-contami2 nated water. 

3 (9) Any other information the Administrator 

4 considers appropriate. 

5 (c) ACCESS.—The Administrator shall ensure infor6 mation on the website established under subsection (a) is 

7 presented in a manner that provides meaningful access to 

8 such information for individuals with limited English pro9 ficiency. 

10 (d) COORDINATION.—The Administrator shall coordi11 nate with the Secretary of Health and Human Services, 

12 the Secretary of Agriculture, and appropriate State agen13 cies in carrying out this section. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $1,000,000 for fiscal year 2022. 

17 SEC. 15. RISK-COMMUNICATION STRATEGY. 

18 The Administrator of the Environmental Protection 

19 Agency shall develop a risk-communication strategy to in20 form the public about the hazards or potential hazards 

21 of perfluoroalkyl and polyfluoroalkyl substances, or cat22 egories of perfluoroalkyl and polyfluoroalkyl substances, 

23 by— 

24 (1) disseminating information about the risks 

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1 egories in land, air, water (including drinking water 

2 and water used for agricultural purposes), and prod3 ucts; 

4 (2) notifying the public about exposure path5 ways and mitigation measures through outreach and 

6 educational resources; and 

7 (3) consulting with States that have dem8 onstrated effective risk-communication strategies for 

9 best practices in developing a national risk-commu10 nication strategy. 

11 SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING 

12 EMERGING CONTAMINANTS, WITH A FOCUS 

13 ON PERFLUOROALKYL AND 

14 POLYFLUOROALKYL SUBSTANCES. 

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

16 U.S.C. 300j–12) is amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) ASSISTANCE TO TERRITORIES.—To the ex22 tent that sufficient applications are received, the Ad23 ministrator shall use not less than 2 percent of the 

24 amounts made available under this subsection to 

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1 wealth of the Northern Mariana Islands, American 

2 Samoa, and Guam for the purpose of addressing 

3 emerging contaminants, with a focus on 

4 perfluoroalkyl and polyfluoroalkyl substances.’’. 

5 SEC. 17. CLEAN WATER ACT EFFLUENT LIMITATIONS 

6 GUIDELINES AND STANDARDS AND WATER 

7 QUALITY CRITERIA FOR PFAS. 

8 (a) DEADLINES.— 

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

10 3 years after the date of enactment of this section, 

11 the Administrator shall publish in the Federal Reg12 ister human health water quality criteria under sec13 tion 304(a)(1) of the Federal Water Pollution Con14 trol Act (33 U.S.C. 1314) for each measurable 

15 perfluoroalkyl substance, polyfluoroalkyl substance, 

16 and class of such substances. 

17 (2) EFFLUENT LIMITATIONS GUIDELINES AND

18 STANDARDS FOR PRIORITY INDUSTRY CAT19 EGORIES.—As soon as practicable, but not later 

20 than 4 years after the date of enactment of this sec21 tion, the Administrator shall publish in the Federal 

22 Register a final rule establishing, for each priority 

23 industry category, effluent limitations guidelines and 

24 standards, in accordance with the Federal Water 

25 Pollution Control Act, for the discharge (including a 


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1 discharge into a publicly owned treatment works) of 

2 each measurable perfluoroalkyl substance, 

3 polyfluoroalkyl substance, and class of such sub4 stances. 

5 (b) NOTIFICATION.—The Administrator shall notify 

6 the Committee on Transportation and Infrastructure of 

7 the House of Representatives and the Committee on Envi8 ronment and Public Works of the Senate of each publica9 tion made under this section. 

10 (c) IMPLEMENTATION ASSISTANCE FOR PUBLICLY

11 OWNED TREATMENT WORKS.— 

12 (1) IN GENERAL.—The Administrator shall 

13 award grants to owners and operators of publicly 

14 owned treatment works, to be used to implement ef15 fluent limitations guidelines and standards developed 

16 by the Administrator for a perfluoroalkyl substance, 

17 polyfluoroalkyl substance, or class of such sub18 stances. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to the Ad21 ministrator to carry out this subsection 

22 $200,000,000 for each of fiscal years 2022 through 

23 2026, to remain available until expended. 

24 (d) NO INCREASED BONDING AUTHORITY.— 

25 Amounts awarded to an owner or operator of a publicly 


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1 owned treatment works under this section may not be used 

2 as a source of payment of, or security for (directly or indi3 rectly), in whole or in part, any obligation the interest on 

4 which is exempt from the tax imposed under chapter 1 

5 of the Internal Revenue Code of 1986. 

6 (e) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) EFFLUENT LIMITATION.—The term ‘‘efflu11 ent limitation’’ has the meaning given that term in 

12 section 502 of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1362). 

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

15 means, with respect to a chemical substance or class 

16 of chemical substances, capable of being measured 

17 using test procedures established under section 

18 304(h) of the Federal Water Pollution Control Act 

19 (33 U.S.C. 1314). 

20 (4) PERFLUOROALKYL SUBSTANCE.—The term 

21 ‘‘perfluoroalkyl substance’’ means a chemical of 

22 which all of the carbon atoms are fully fluorinated 

23 carbon atoms. 

24 (5) POLYFLUOROALKYL SUBSTANCE.—The 

25 term ‘‘polyfluoroalkyl substance’’ means a chemical 


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1 containing at least one fully fluorinated carbon atom 

2 and at least one carbon atom that is not a fully 

3 fluorinated carbon atom. 

4 (6) PRIORITY INDUSTRY CATEGORY.—The term 

5 ‘‘priority industry category’’ means the following 

6 point source categories: 

7 (A) Organic chemicals, plastics, and syn8 thetic fibers, as identified in part 414 of title 

9 40, Code of Federal Regulations (or successor 

10 regulations). 

11 (B) Pulp, paper, and paperboard, as iden12 tified in part 430 of title 40, Code of Federal 

13 Regulations (or successor regulations). 

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

15 of title 40, Code of Federal Regulations (or suc16 cessor regulations). 

17 (D) Electroplating, as identified in part 

18 413 of title 40, Code of Federal Regulations (or 

19 successor regulations). 

20 (E) Metal finishing, as identified in part 

21 433 of title 40, Code of Federal Regulations (or 

22 successor regulations). 

23 (F) Leather tanning and finishing, as iden24 tified in part 425 of title 40, Code of Federal 

25 Regulations (or successor regulations). 


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1 (G) Paint formulating, as identified in part 

2 446 of title 40, Code of Federal Regulations (or 

3 successor regulations). 

4 (H) Electrical and electronic components, 

5 as identified in part 469 of title 40, Code of 

6 Federal Regulations (or successor regulations). 

7 (I) Plastics molding and forming, as iden8 tified in part 463 of title 40, Code of Federal 

9 Regulations (or successor regulations). 

10 (7) TREATMENT WORKS.—The term ‘‘treatment 

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

12 212 of the Federal Water Pollution Control Act (33 

13 U.S.C. 1292). 

14 SEC. 18. SCHOOL DRINKING WATER TESTING AND FILTRA15 TION GRANT PROGRAM. 

16 Part F of the Safe Drinking Water Act (42 U.S.C. 

17 300j–21 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 1466. SCHOOL PFAS TESTING AND FILTRATION 

20 GRANT PROGRAM. 

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

22 date of enactment of this section, the Administrator shall 

23 establish a program to make grants to eligible entities 

24 for— 


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1 ‘‘(1) testing for perfluoroalkyl and 

2 polyfluoroalkyl substances in drinking water at 

3 schools that is conducted by an entity approved by 

4 the Administrator or the applicable State to conduct 

5 the testing; 

6 ‘‘(2) installation, maintenance, and repair of 

7 water filtration systems effective for reducing 

8 perfluoroalkyl and polyfluoroalkyl substances in 

9 drinking water at schools that contains a level of any 

10 perfluoroalkyl or polyfluoroalkyl substance that ex11 ceeds— 

12 ‘‘(A) an applicable maximum contaminant 

13 level established by the Administrator under 

14 section 1412; or 

15 ‘‘(B) an applicable standard established by 

16 the applicable State that is more stringent than 

17 the level described in subparagraph (A); or 

18 ‘‘(3) safe disposal of spent water filtration 

19 equipment used to reduce perfluoroalkyl and 

20 polyfluoroalkyl substances in drinking water at 

21 schools. 

22 ‘‘(b) GUIDANCE; PUBLIC AVAILABILITY.—As a condi23 tion of receiving a grant under this section, an eligible en24 tity shall— 


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1 ‘‘(1) expend grant funds in accordance with any 

2 applicable State regulation or guidance regarding 

3 the reduction of perfluoroalkyl and polyfluoroalkyl 

4 substances in drinking water at schools that is not 

5 less stringent than any applicable guidance issued by 

6 the Administrator; 

7 ‘‘(2) make publicly available, including, to the 

8 maximum extent practicable, on the website of the 

9 eligible entity, a copy of the results of any testing 

10 carried out with grant funds received under this sec11 tion; and 

12 ‘‘(3) notify parent, teacher, and employee orga13 nizations of the availability of the results described 

14 in paragraph (2). 

15 ‘‘(c) LIMITATION.—An eligible entity receiving a 

16 grant under this section may use not more than 5 percent 

17 of grant funds to pay the administrative costs of carrying 

18 out the activities for which the grant was made. 

19 ‘‘(d) DEFINITION OF ELIGIBLE ENTITY.—In this sec20 tion, the term ‘eligible entity’ means— 

21 ‘‘(1) a local educational agency; or 

22 ‘‘(2) a State agency that administers a state23 wide program to test for, remediate, or filter 

24 perfluoroalkyl and polyfluoroalkyl substances in 

25 drinking water. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATION.—There is 

2 authorized to be appropriated to carry out this section 

3 $100,000,000 for each of fiscal years 2022 through 2026, 

4 to remain available until expended.’’. 

5 SEC. 19. ANALYTICAL REFERENCE STANDARDS FOR PFAS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

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

8 Environmental Protection Agency shall require each cov9 ered entity to submit to the Administrator an analytical 

10 reference standard for each perfluoroalkyl or 

11 polyfluoroalkyl substance with at least one fully 

12 fluorinated carbon atom manufactured by the covered en13 tity after the date that is 10 years prior to the date of 

14 enactment of this Act. 

15 (b) USES.—The Administrator may— 

16 (1) use an analytical reference standard sub17 mitted under this section only for— 

18 (A) the development of information, proto19 cols, and methodologies, which may be carried 

20 out by an entity determined appropriate by the 

21 Administrator; and 

22 (B) activities relating to the implementa23 tion or enforcement of Federal requirements; 

24 and 


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1 (2) provide an analytical reference standard 

2 submitted under this section to a State, to be used 

3 only for— 

4 (A) the development of information, proto5 cols, and methodologies, which may be carried 

6 out by an entity determined appropriate by the 

7 State; and 

8 (B) activities relating to the implementa9 tion or enforcement of State requirements. 

10 (c) PROHIBITION.—No person receiving an analytical 

11 reference standard submitted under this section may use 

12 or transfer the analytical reference standard for a com13 mercial purpose. 

14 (d) DEFINITIONS.—In this section: 

15 (1) COVERED ENTITY.—The term ‘‘covered en16 tity’’ means a manufacturer of a perfluoroalkyl or 

17 polyfluoroalkyl substance with at least one fully 

18 fluorinated carbon atom. 

19 (2) MANUFACTURE; STATE.—The terms ‘‘man20 ufacture’’ and ‘‘State’’ have the meanings given 


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1 those terms in section 3 of the Toxic Substances 

2 Control Act (15 U.S.C. 2602). 

Passed the House of Representatives July 21, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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