II 

117TH CONGRESS 

1ST SESSION S. 2406 

To amend the Safe Drinking Water Act to require the Administrator of 

the Environmental Protection Agency to set maximum contaminant levels 

for certain chemicals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2021 

Mrs. GILLIBRAND (for herself, Ms. WARREN, and Mrs. FEINSTEIN) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to 

set maximum contaminant levels for certain chemicals, 

and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Protect Drinking 

5 Water from PFAS Act of 2021’’. 


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1 SEC. 2. MAXIMUM CONTAMINANT LEVELS. 

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

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

4 following: 

5 ‘‘(16) PERFLUOROALKYL AND

6 POLYFLUOROALKYL SUBSTANCES.— 

7 ‘‘(A) REQUIRED REGULATIONS.—Not later 

8 than 2 years after the date of enactment of the 

9 Protect Drinking Water from PFAS Act of 

10 2021, the Administrator shall publish a max11 imum contaminant level and promulgate a na12 tional primary drinking water regulation for 

13 perfluoroalkyl and polyfluoroalkyl substances, 

14 including, at a minimum— 

15 ‘‘(i) perfluorooctanoic acid (commonly 

16 referred to as ‘PFOA’); and 

17 ‘‘(ii) perfluorooctane sulfonic acid 

18 (commonly referred to as ‘PFOS’). 

19 ‘‘(B) MONITORING.—In establishing moni20 toring requirements under the national primary 

21 drinking water regulation for perfluoroalkyl and 

22 polyfluoroalkyl substances under subparagraph 

23 (A), the Administrator shall— 

24 ‘‘(i) consider options for tailoring 

25 monitoring requirements for public water 

26 systems that do not detect, or are reliably 


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1 and consistently below the maximum con2 taminant level for, those substances; and 

3 ‘‘(ii) prioritize the use of existing au4 thorities to provide technical assistance 

5 and funding to help small, rural, or dis6 advantaged public water systems to comply 

7 with the national primary drinking water 

8 regulation. 

9 ‘‘(C) HEALTH PROTECTION.—The national 

10 primary drinking water regulation for 

11 perfluoroalkyl and polyfluoroalkyl substances 

12 under subparagraph (A) shall be protective of 

13 the health of subpopulations at greater risk, as 

14 described in section 1458. 

15 ‘‘(D) HEALTH RISK REDUCTION AND COST

16 ANALYSIS.—In meeting the requirements of 

17 paragraph (3)(C) with respect to the national 

18 primary drinking water regulation for 

19 perfluoroalkyl and polyfluoroalkyl substances 

20 under subparagraph (A), the Administrator 

21 may rely on information available to the Admin22 istrator with respect to 1 or more specific 

23 perfluoroalkyl or polyfluoroalkyl substances to 

24 extrapolate reasoned conclusions with respect to 

25 the health risks and effects of a class of 


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1 perfluoroalkyl or polyfluoroalkyl substances of 

2 which the specific perfluoroalkyl or 

3 polyfluoroalkyl substances are a part, including 

4 by using techniques described in— 

5 ‘‘(i) the document of the Environ6 mental Protection Agency entitled ‘Gener7 alized Read-Across (GenRA)’ (or a suc8 cessor document); and 

9 ‘‘(ii) the Toxicity Estimation Software 

10 Tool of the Environmental Protection 

11 Agency (or a successor tool).’’. 

Æ 


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