II 

Calendar No. 119 

116TH CONGRESS 

1ST SESSION S. 1507 

To include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics 

release inventory, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Mrs. CAPITO (for herself, Mrs. GILLIBRAND, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 19, 2019 

Reported by Mr. BARRASSO, with an amendment 

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

A BILL 

To include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics release inventory, 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 ‘‘PFAS Release Disclo5 sure Act’’. 


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1 SEC. 2. ADDITIONS TO TOXICS RELEASE INVENTORY. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) TOXICS RELEASE INVENTORY.—The term 

7 ‘‘toxics release inventory’’ means the toxics release 

8 inventory under section 313(c) of the Emergency 

9 Planning and Community Right-To-Know Act of 

10 1986 (42 U.S.C. 11023(c)). 

11 (b) IMMEDIATE INCLUSION.— 

12 (1) IN GENERAL.—Subject to subsection (e), 

13 beginning January 1 of the calendar year following 

14 the date of enactment of this Act, the following 

15 chemicals shall be deemed to be included in the 

16 toxics release inventory: 

17 (A) Perfluorooctanoic acid (commonly re18 ferred to as ‘‘PFOA’’) (Chemical Abstracts 

19 Service No. 335–67–1). 

20 (B) The salt associated with the chemical 

21 described in subparagraph (A) (Chemical Ab22 stracts Service No. 3825–26–1). 

23 (C) Perfluorooctane sulfonic acid (com24 monly referred to as ‘‘PFOS’’) (Chemical Ab25 stracts Service No. 1763–23–1). 


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1 (D) The salts associated with the chemical 

2 described in subparagraph (C) (Chemical Ab3 stract Service Nos. 45298–90–6, 29457–72–5, 

4 56773–42–3, 29081–56–9, 4021–47–0, 

5 111873–33–7, and 91036–71–4). 

6 (E) A perfluoroalkyl or polyfluoroalkyl sub7 stance or class of perfluoroalkyl or 

8 polyfluoroalkyl substances that is— 

9 (i) listed as an active chemical sub10 stance in the February 2019 update to the 

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

12 Toxic Substances Control Act (15 U.S.C. 

13 2607(b)(1)); and 

14 (ii) on the date of enactment of this 

15 Act, subject to the provisions of— 

16 (I) section 721.9582 of title 40, 

17 Code of Federal Regulations; or 

18 (II) section 721.10536 of title 

19 40, Code of Federal Regulations. 

20 (2) THRESHOLD FOR REPORTING.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the threshold for reporting the 

23 chemicals described in paragraph (1) under sec24 tion 313(f)(1) of the Emergency Planning and 


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1 Community Right-To-Know Act of 1986 (42 

2 U.S.C. 11023(f)(1)) is 100 pounds. 

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

4 after the date of enactment of this Act, the Ad5 ministrator shall— 

6 (i) determine whether revision of the 

7 threshold under subparagraph (A) is war8 ranted; and 

9 (ii) if the Administrator determines a 

10 revision to be warranted under clause (i), 

11 initiate a revision under section 313(f)(2) 

12 of the Emergency Planning and Commu13 nity Right-To-Know Act of 1986 (42 

14 U.S.C. 11023(f)(2)). 

15 (c) INCLUSION FOLLOWING ASSESSMENT.— 

16 (1) IN GENERAL.—Subject to subsection (e), a 

17 perfluoroalkyl or polyfluoroalkyl substance or class 

18 of perfluoroalkyl or polyfluoroalkyl substances shall 

19 be automatically included in the toxics release inven20 tory beginning January 1 of the calendar year after 

21 any of the following dates: 

22 (A) ESTABLISHMENT OF TOXICITY

23 VALUE.—The date on which the Administrator 

24 establishes a toxicity value for the 

25 perfluoroalkyl or polyfluoroalkyl substance or 


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1 class of perfluoroalkyl or polyfluoroalkyl sub2 stances. 

3 (B) SIGNIFICANT NEW USE RULE.—The 

4 date on which the Administrator finalizes a sig5 nificant new use rule under subsection (a)(2) or 

6 (f) of section 5 of the Toxic Substances Control 

7 Act (15 U.S.C. 2604) for the perfluoroalkyl or 

8 polyfluoroalkyl substance or class of 

9 perfluoroalkyl or polyfluoroalkyl substances. 

10 (C) ADDITION TO EXISTING SIGNIFICANT

11 NEW USE RULE.—The date on which the 

12 perfluoroalkyl or polyfluoroalkyl substance or 

13 class of perfluoroalkyl or polyfluoroalkyl sub14 stances is added to a list of substances covered 

15 by a significant new use rule under subsection 

16 (a)(2) or (f) of section 5 of the Toxic Sub17 stances Control Act (15 U.S.C. 2604). 

18 (D) ADDITION AS ACTIVE CHEMICAL SUB19 STANCE.—The date on which the perfluoroalkyl 

20 or polyfluoroalkyl substance or class of 

21 perfluoroalkyl or polyfluoroalkyl substances that 

22 is on a list of substances covered by a signifi23 cant new use rule under subsection (a)(2) or (f) 

24 of section 5 of the Toxic Substances Control 

25 Act (15 U.S.C. 2604) is added as an active 


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1 chemical substance on the inventory under sec2 tion 8(b)(1) of the Toxic Substances Control 

3 Act (15 U.S.C. 2607(b)(1)). 

4 (2) THRESHOLD FOR REPORTING.— 

5 (A) IN GENERAL.—Subject to subpara6 graph (B), the threshold for reporting under 

7 section 313(f)(1) of the Emergency Planning 

8 and Community Right-To-Know Act of 1986 

9 (42 U.S.C. 11203(f)(1)) the substances and 

10 classes of substances included in the toxics re11 lease inventory under paragraph (1) is 100 

12 pounds. 

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

14 after the date of enactment of this Act, the Ad15 ministrator shall— 

16 (i) determine whether revision of the 

17 thresholds under subparagraph (A) is war18 ranted; and 

19 (ii) if the Administrator determines a 

20 revision to be warranted under clause (i), 

21 initiate a revision under section 313(f)(2) 

22 of the Emergency Planning and Commu23 nity Right-To-Know Act of 1986 (42 

24 U.S.C. 11023(f)(2)). 

25 (d) INCLUSION FOLLOWING DETERMINATION.— 


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1 (1) IN GENERAL.—To the extent not already 

2 subject to subsection (b), not later than 2 years 

3 after the date of enactment of this Act, the Adminis4 trator shall determine whether the substances and 

5 classes of substances described in paragraph (2) 

6 meet the criteria described in section 313(d)(2) of 

7 the Emergency Planning and Community Right-To8 Know Act of 1986 (42 U.S.C. 11023(d)(2)) for in9 clusion in the toxics release inventory. 

10 (2) SUBSTANCES DESCRIBED.—The substances 

11 and classes of substances referred to in paragraph 

12 (1) are perfluoroalkyl and polyfluoroalkyl substances 

13 and classes of perfluoroalkyl and polyfluoroalkyl sub14 stances, including— 

15 (A) hexafluoropropylene oxide dimer acid 

16 (Chemical Abstracts Service No. 13252–13–6); 

17 (B) the compounds associated with the 

18 chemical described in subparagraph (A) (Chem19 ical Abstracts Service Nos. 62037–80–3 and 

20 2062–98–8); 

21 (C) perfluoro[(2-pentafluoroethoxy22 ethoxy)acetic acid] ammonium salt (Chemical 

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

24 (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

25 hexafluoro)-2-(trifluoromethoxy) propanoyl fluoVerDate Sep 11 2014 00:05 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1507.RS S1507

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1 ride (Chemical Abstracts Service No. 2479–75– 

2 6); 

3 (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

4 hexafluoro)-2-(trifluoromethoxy) propionic acid 

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

6 (F) 3H-perfluoro-3-[(3-methoxy-propoxy) 

7 propanoic acid] (Chemical Abstracts Service 

8 No. 919005–14–4); 

9 (G) the salts associated with the chemical 

10 described in subparagraph (F) (Chemical Ab11 stracts Service Nos. 958445–44–8, 1087271– 

12 46–2, and NOCASl892452); 

13 (H) 1-octanesulfonic acid 

14 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium 

15 salt (Chemical Abstracts Service No. 59587– 

16 38–1); 

17 (I) perfluorobutanesulfonic acid (Chemical 

18 Abstracts Service No. 375–73–5); 

19 (J) 1-Butanesulfonic acid, 

20 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt 

21 (Chemical Abstracts Service No. 29420–49–3); 

22 (K) the component associated with the 

23 chemical described in subparagraph (J) (Chem24 ical Abstracts Service No. 45187–15–3); 


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1 (L) heptafluorobutyric acid (Chemical Ab2 stracts Service No. 375–22–4); 

3 (M) perfluorohexanoic acid (Chemical Ab4 stracts Service No. 307–24–4); and 

5 (N) a perfluoroalkyl and polyfluoroalkyl 

6 substance or class of perfluoroalkyl or 

7 polyfluoroalkyl substances other than those 

8 chemicals described in subparagraphs (A) 

9 through (M) that is used to manufacture 

10 fluoropolymers, as determined by the Adminis11 trator. 

12 (3) ADDITION TO TOXICS RELEASE INVEN13 TORY.—Subject to subsection (e), if the Adminis14 trator determines under paragraph (1) that a sub15 stance or a class of substances described in para16 graph (2) meets the criteria described in section 

17 313(d)(2) of the Emergency Planning and Commu18 nity Right-To-Know Act of 1986 (42 U.S.C. 

19 11023(d)(2)), the Administrator shall revise the 

20 toxics release inventory to include that substance or 

21 class of substances not later than 2 years after the 

22 date on which the Administrator makes the deter23 mination. 

24 (e) CONFIDENTIAL BUSINESS INFORMATION.— 


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

2 toxics release inventory pursuant to subsection 

3 (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or 

4 polyfluoroalkyl substance or class of perfluoroalkyl 

5 or polyfluoroalkyl substances the chemical identity of 

6 which is subject to a claim of a person of protection 

7 from disclosure under subsection (a) of section 552 

8 of title 5, United States Code, pursuant to sub9 section (b)(4) of that section, the Administrator 

10 shall— 

11 (A) review that claim of protection from 

12 disclosure; and 

13 (B) require that person to reassert and 

14 substantiate or resubstantiate that claim in ac15 cordance with section 14(f) of the Toxic Sub16 stances Control Act (15 U.S.C. 2613(f)). 

17 (2) NONDISCLOSURE OF PROTECTION INFORMA18 TION.—If the Administrator determines that the 

19 chemical identity of a perfluoroalkyl or 

20 polyfluoroalkyl substance or class of perfluoroalkyl 

21 or polyfluoroalkyl substances qualifies for protection 

22 from disclosure under paragraph (1), the Adminis23 trator shall include the substance or class of sub24 stances, as applicable, on the toxics release inventory 


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1 in a manner that does not disclose the protected in2 formation. 

3 (f) EMERGENCY PLANNING AND COMMUNITY RIGHT4 TO-KNOW ACT OF 1986.—Section 313(c) of the Emer5 gency Planning and Community Right-To-Know Act of 

6 1986 (42 U.S.C. 11023(c)) is amended— 

7 (1) by striking the period at the end and insert8 ing ‘‘; and’’; 

9 (2) by striking ‘‘are those chemicals’’ and in10 serting the following: ‘‘are— 

11 ‘‘(1) the chemicals’’; and 

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

13 ‘‘(2) the chemicals included under subsections 

14 (b)(1), (c)(1), and (d)(3) of section 2 of the PFAS 

15 Release Disclosure Act.’’. 

16 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

18 ‘‘PFAS Release Disclosure and Protection Act of 2019’’. 

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

20 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Administrator. 

TITLE I—PFAS RELEASE DISCLOSURE 

Sec. 101. Additions to toxics release inventory. 

TITLE II—DRINKING WATER 

Sec. 201. National primary drinking water regulations for PFAS. 

Sec. 202. Monitoring and detection. 

Sec. 203. Enforcement. 

Sec. 204. Drinking water state revolving funds. 


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TITLE III—PFAS DETECTION 

Sec. 301. Definitions. 

Sec. 302. Performance standard for the detection of perfluorinated compounds. 

Sec. 303. Nationwide sampling. 

Sec. 304. Data usage. 

Sec. 305. Collaboration. 

Sec. 306. Authorization of appropriations. 

TITLE IV—SAFE DRINKING WATER ASSISTANCE 

Sec. 401. Definitions. 

Sec. 402. Research and coordination plan for enhanced response on emerging contaminants. 

TITLE V—MISCELLANEOUS 

Sec. 501. Department of Defense authorities. 

Sec. 502. PFAS data call. 

Sec. 503. Significant new use rule for long-chain PFAS. 

Sec. 504. PFAS destruction and disposal guidance. 

Sec. 505. PFAS research and development. 

1 SEC. 2. DEFINITION OF ADMINISTRATOR. 

2 In this Act, the term ‘‘Administrator’’ means the Ad3 ministrator of the Environmental Protection Agency. 

4 TITLE I—PFAS RELEASE 

5 DISCLOSURE 

6 SEC. 101. ADDITIONS TO TOXICS RELEASE INVENTORY. 

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

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

9 toxics release inventory under section 313(c) of the Emer10 gency Planning and Community Right-To-Know Act of 

11 1986 (42 U.S.C. 11023(c)). 

12 (b) IMMEDIATE INCLUSION.— 

13 (1) IN GENERAL.—Subject to subsection (e), be14 ginning January 1 of the calendar year following the 

15 date of enactment of this Act, the following chemicals 


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1 shall be deemed to be included in the toxics release in2 ventory: 

3 (A) Perfluorooctanoic acid (commonly re4 ferred to as ‘‘PFOA’’) (Chemical Abstracts Serv5 ice No. 335–67–1). 

6 (B) The salt associated with the chemical 

7 described in subparagraph (A) (Chemical Ab8 stracts Service No. 3825–26–1). 

9 (C) Perfluorooctane sulfonic acid (com10 monly referred to as ‘‘PFOS’’) (Chemical Ab11 stracts Service No. 1763–23–1). 

12 (D) The salts associated with the chemical 

13 described in subparagraph (C) (Chemical Ab14 stract Service Nos. 45298–90–6, 29457–72–5, 

15 56773–42–3, 29081–56–9, 4021–47–0, 111873– 

16 33–7, and 91036–71–4). 

17 (E) A perfluoroalkyl or polyfluoroalkyl sub18 stance or class of perfluoroalkyl or 

19 polyfluoroalkyl substances that is— 

20 (i) listed as an active chemical sub21 stance in the February 2019 update to the 

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

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

24 2607(b)(1)); and 


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1 (ii) on the date of enactment of this 

2 Act, subject to the provisions of— 

3 (I) section 721.9582 of title 40, 

4 Code of Federal Regulations; or 

5 (II) section 721.10536 of title 40, 

6 Code of Federal Regulations. 

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(f)(1) 

11 of the Emergency Planning and Community 

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

13 11023(f)(1)) is 100 pounds. 

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

15 after the date of enactment of this Act, the Ad16 ministrator shall— 

17 (i) determine whether revision of the 

18 threshold under subparagraph (A) is war19 ranted; and 

20 (ii) if the Administrator determines a 

21 revision to be warranted under clause (i), 

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

23 the Emergency Planning and Community 

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

25 11023(f)(2)). 


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1 (c) INCLUSION FOLLOWING ASSESSMENT.— 

2 (1) IN GENERAL.—Subject to subsection (e), a 

3 perfluoroalkyl or polyfluoroalkyl substance or class of 

4 perfluoroalkyl or polyfluoroalkyl substances shall be 

5 automatically included in the toxics release inventory 

6 beginning January 1 of the calendar year after any 

7 of the following dates: 

8 (A) ESTABLISHMENT OF TOXICITY VALUE.— 

9 The date on which the Administrator establishes 

10 a toxicity value for the perfluoroalkyl or 

11 polyfluoroalkyl substance or class of 

12 perfluoroalkyl or polyfluoroalkyl substances. 

13 (B) SIGNIFICANT NEW USE RULE.—The 

14 date on which the Administrator finalizes a sig15 nificant new use rule under subsection (a)(2) of 

16 section 5 of the Toxic Substances Control Act (15 

17 U.S.C. 2604), except a significant new use rule 

18 promulgated in connection with an order issued 

19 under subsection (e) of that section, for the 

20 perfluoroalkyl or polyfluoroalkyl substance or 

21 class of perfluoroalkyl or polyfluoroalkyl sub22 stances. 

23 (C) ADDITION TO EXISTING SIGNIFICANT

24 NEW USE RULE.—The date on which the 

25 perfluoroalkyl or polyfluoroalkyl substance or 


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1 class of perfluoroalkyl or polyfluoroalkyl sub2 stances is added to a list of substances covered by 

3 a significant new use rule previously promul4 gated under subsection (a)(2) of section 5 of the 

5 Toxic Substances Control Act (15 U.S.C. 2604), 

6 except a significant new use rule promulgated in 

7 connection with an order issued under subsection 

8 (e) of that section. 

9 (D) ADDITION AS ACTIVE CHEMICAL SUB10 STANCE.—The date on which the perfluoroalkyl 

11 or polyfluoroalkyl substance or class of 

12 perfluoroalkyl or polyfluoroalkyl substances that 

13 is on a list of substances covered by a significant 

14 new use rule under subsection (a)(2) of section 5 

15 of the Toxic Substances Control Act (15 U.S.C. 

16 2604), except a significant new use rule promul17 gated in connection with an order issued under 

18 subsection (e) of that section, is— 

19 (i) added to the inventory under sub20 section (b)(1) of section 8 of the Toxic Sub21 stances Control Act (15 U.S.C. 2607) and 

22 designated as an active chemical substance 

23 under subsection (b)(5)(A) of that section; 

24 or 


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1 (ii) designated as an active chemical 

2 substance on the inventory in accordance 

3 with subsection (b)(5)(B) of that section. 

4 (2) THRESHOLD FOR REPORTING.— 

5 (A) IN GENERAL.—Subject to subparagraph 

6 (B), the threshold for reporting under section 

7 313(f)(1) of the Emergency Planning and Com8 munity Right-To-Know Act of 1986 (42 U.S.C. 

9 11203(f)(1)) the substances and classes of sub10 stances included in the toxics release inventory 

11 under paragraph (1) is 100 pounds. 

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

13 after the date of enactment of this Act, the Ad14 ministrator shall— 

15 (i) determine whether revision of the 

16 thresholds under subparagraph (A) is war17 ranted; and 

18 (ii) if the Administrator determines a 

19 revision to be warranted under clause (i), 

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

21 the Emergency Planning and Community 

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

23 11023(f)(2)). 

24 (d) INCLUSION FOLLOWING DETERMINATION.— 


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1 (1) IN GENERAL.—To the extent not already sub2 ject to subsection (b), not later than 2 years after the 

3 date of enactment of this Act, the Administrator shall 

4 determine whether the substances and classes of sub5 stances described in paragraph (2) meet the criteria 

6 described in section 313(d)(2) of the Emergency Plan7 ning and Community Right-To-Know Act of 1986 (42 

8 U.S.C. 11023(d)(2)) for inclusion in the toxics release 

9 inventory. 

10 (2) SUBSTANCES DESCRIBED.—The substances 

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

12 are perfluoroalkyl and polyfluoroalkyl substances and 

13 classes of perfluoroalkyl and polyfluoroalkyl sub14 stances, including— 

15 (A) hexafluoropropylene oxide dimer acid 

16 (Chemical Abstracts Service No. 13252–13–6); 

17 (B) the compounds associated with the 

18 chemical described in subparagraph (A) (Chem19 ical Abstracts Service Nos. 62037–80–3 and 

20 2062–98–8); 

21 (C) perfluoro[(2-pentafluoroethoxy22 ethoxy)acetic acid] ammonium salt (Chemical 

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

24 (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

25 hexafluoro)-2-(trifluoromethoxy) propanoyl fluoVerDate Sep 11 2014 00:05 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\S1507.RS S1507

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1 ride (Chemical Abstracts Service No. 2479–75– 

2 6); 

3 (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

4 hexafluoro)-2-(trifluoromethoxy) propionic acid 

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

6 (F) 3H-perfluoro-3-[(3-methoxy-propoxy) 

7 propanoic acid] (Chemical Abstracts Service No. 

8 919005–14–4); 

9 (G) the salts associated with the chemical 

10 described in subparagraph (F) (Chemical Ab11 stracts Service Nos. 958445–44–8, 1087271–46– 

12 2, and NOCASl892452); 

13 (H) 1-octanesulfonic acid 

14 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt 

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

16 (I) perfluorobutanesulfonic acid (Chemical 

17 Abstracts Service No. 375–73–5); 

18 (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- 

19 nonafluoro-potassium salt (Chemical Abstracts 

20 Service No. 29420–49–3); 

21 (K) the component associated with the 

22 chemical described in subparagraph (J) (Chem23 ical Abstracts Service No. 45187–15–3); 

24 (L) heptafluorobutyric acid (Chemical Ab25 stracts Service No. 375–22–4); 


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1 (M) perfluorohexanoic acid (Chemical Ab2 stracts Service No. 307–24–4); 

3 (N) each perfluoroalkyl or polyfluoroalkly 

4 substance or class of perfluoroalkyl or 

5 polyfluoroalkyl substances for which a method to 

6 measure levels in drinking water has been vali7 dated by the Administrator; and 

8 (O) a perfluoroalkyl and polyfluoroalkyl 

9 substance or class of perfluoroalkyl or 

10 polyfluoroalkyl substances other than the chemi11 cals described in subparagraphs (A) through (N) 

12 that is used to manufacture fluoropolymers, as 

13 determined by the Administrator. 

14 (3) ADDITION TO TOXICS RELEASE INVENTORY.— 

15 Subject to subsection (e), if the Administrator deter16 mines under paragraph (1) that a substance or a 

17 class of substances described in paragraph (2) meets 

18 the criteria described in section 313(d)(2) of the 

19 Emergency Planning and Community Right-To20 Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Ad21 ministrator shall revise the toxics release inventory to 

22 include that substance or class of substances not later 

23 than 2 years after the date on which the Adminis24 trator makes the determination. 

25 (e) CONFIDENTIAL BUSINESS INFORMATION.— 


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

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

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

4 substance or class of perfluoroalkyl or polyfluoroalkyl 

5 substances the chemical identity of which is subject to 

6 a claim of a person of protection from disclosure 

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

8 States Code, pursuant to subsection (b)(4) of that sec9 tion, the Administrator shall— 

10 (A) review that claim of protection from 

11 disclosure; and 

12 (B) require that person to reassert and sub13 stantiate or resubstantiate that claim in accord14 ance with section 14(f) of the Toxic Substances 

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

16 (2) NONDISCLOSURE OF PROTECTED INFORMA17 TION.—If the Administrator determines that the 

18 chemical identity of a perfluoroalkyl or 

19 polyfluoroalkyl substance or class of perfluoroalkyl or 

20 polyfluoroalkyl substances qualifies for protection 

21 from disclosure under paragraph (1), the Adminis22 trator shall include the substance or class of sub23 stances, as applicable, on the toxics release inventory 

24 in a manner that does not disclose the protected infor25 mation. 


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1 (f) EMERGENCY PLANNING AND COMMUNITY RIGHT2 TO-KNOW ACT OF 1986.—Section 313(c) of the Emergency 

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

4 U.S.C. 11023(c)) is amended— 

5 (1) by striking the period at the end and insert6 ing ‘‘; and’’; 

7 (2) by striking ‘‘are those chemicals’’ and insert8 ing the following: ‘‘are— 

9 ‘‘(1) the chemicals’’; and 

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

11 ‘‘(2) the chemicals included under subsections 

12 (b)(1), (c)(1), and (d)(3) of section 101 of the PFAS 

13 Release Disclosure and Protection Act of 2019.’’. 

14 TITLE II—DRINKING WATER 

15 SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULA16 TIONS FOR PFAS. 

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

18 U.S.C. 300g–1(b)(2)) is amended by adding at the end the 

19 following: 

20 ‘‘(D) PERFLUOROALKYL AND

21 POLYFLUOROALKYL SUBSTANCES.— 

22 ‘‘(i) IN GENERAL.—Not later than 2 

23 years after the date of enactment of this 

24 subparagraph, the Administrator shall pro25 mulgate a national primary drinking water 


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1 regulation for perfluoroalkyl and 

2 polyfluoroalkyl substances, which shall, at a 

3 minimum, include standards for— 

4 ‘‘(I) perfluorooctanoic acid (com5 monly referred to as ‘PFOA’); and 

6 ‘‘(II) perfluorooctane sulfonic acid 

7 (commonly referred to as ‘PFOS’). 

8 ‘‘(ii) ALTERNATIVE PROCEDURES.— 

9 ‘‘(I) IN GENERAL.—Not later than 

10 1 year after the validation by the Ad11 ministrator of an equally effective 

12 quality control and testing procedure 

13 to ensure compliance with that na14 tional primary drinking water regula15 tion to measure the levels described in 

16 subclause (II) or other methods to de17 tect and monitor perfluoroalkyl and 

18 polyfluoroalkyl substances in drinking 

19 water, the Administrator shall add the 

20 procedure or method as an alternative 

21 to the quality control and testing pro22 cedure described in that national pri23 mary drinking water regulation by 

24 publishing the procedure or method in 

25 the Federal Register. 


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1 ‘‘(II) LEVELS DESCRIBED.—The 

2 levels referred to in subclause (I) are— 

3 ‘‘(aa) the level of a 

4 perfluoroalkyl or polyfluoroalkyl 

5 substance; 

6 ‘‘(bb) the total levels of 

7 perfluoroalkyl and polyfluoroalkyl 

8 substances; and 

9 ‘‘(cc) the total levels of or10 ganic fluorine. 

11 ‘‘(iii) INCLUSIONS.—The Adminis12 trator may include a perfluoroalkyl or 

13 polyfluoroalkyl substance or class of 

14 perfluoroalkyl or polyfluoroalkyl substances 

15 on— 

16 ‘‘(I) the list of contaminants for 

17 consideration of regulation under 

18 paragraph (1)(B)(i); and 

19 ‘‘(II) the list of unregulated con20 taminants to be monitored under sec21 tion 1445(a)(2)(B)(i). 

22 ‘‘(iv) MONITORING.—When establishing 

23 monitoring requirements for public water 

24 systems as part of a national primary 

25 drinking water regulation under clause (i) 


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1 or clause (vi)(II), the Administrator shall 

2 tailor the monitoring requirements for pub3 lic water systems that do not detect or are 

4 reliably and consistently below the max5 imum contaminant level (as defined in sec6 tion 1418(b)(2)(B)) for the perfluoroalkyl or 

7 polyfluoroalkyl substance or class of 

8 perfluoroalkyl or polyfluoroalkyl substances 

9 subject to the national primary drinking 

10 water regulation. 

11 ‘‘(v) HEALTH RISK REDUCTION AND

12 COST ANALYSIS.—In meeting the require13 ments of paragraph (3)(C), the Adminis14 trator may rely on information available to 

15 the Administrator with respect to 1 or more 

16 specific perfluoroalkyl or polyfluoroalkyl 

17 substances to extrapolate reasoned conclu18 sions regarding the health risks and effects 

19 of a class of perfluoroalkyl or 

20 polyfluoroalkyl substances of which the spe21 cific perfluoroalkyl or polyfluoroalkyl sub22 stances are a part. 

23 ‘‘(vi) REGULATION OF ADDITIONAL

24 SUBSTANCES.— 


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1 ‘‘(I) DETERMINATION.—The Ad2 ministrator shall make a determina3 tion under paragraph (1)(A), using the 

4 criteria described in clauses (i) through 

5 (iii) of that paragraph, whether to in6 clude a perfluoroalkyl or 

7 polyfluoroalkyl substance or class of 

8 perfluoroalkyl or polyfluoroalkyl sub9 stances in the national primary drink10 ing water regulation under clause (i) 

11 not later than 18 months after the later 

12 of— 

13 ‘‘(aa) the date on which the 

14 perfluoroalkyl or polyfluoroalkyl 

15 substance or class of 

16 perfluoroalkyl or polyfluoroalkyl 

17 substances is listed on the list of 

18 contaminants for consideration of 

19 regulation under paragraph 

20 (1)(B)(i); and 

21 ‘‘(bb) the date on which— 

22 ‘‘(AA) the Adminis23 trator has received the results 

24 of monitoring under section 

25 1445(a)(2)(B) for the 


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1 perfluoroalkyl or 

2 polyfluoroalkyl substance or 

3 class of perfluoroalkyl or 

4 polyfluoroalkyl substance; or 

5 ‘‘(BB) the Adminis6 trator has received finished 

7 water data or finished water 

8 monitoring surveys for the 

9 perfluoroalkyl or 

10 polyfluoroalkyl substance or 

11 class of perfluoroalkyl or 

12 polyfluoroalkyl substances 

13 from a Federal or State 

14 agency that the Adminis15 trator determines to be suffi16 cient to make a determina17 tion under paragraph (1)(A). 

18 ‘‘(II) PRIMARY DRINKING WATER

19 REGULATIONS.— 

20 ‘‘(aa) IN GENERAL.—For 

21 each perfluoroalkyl or 

22 polyfluoroalkyl substance or class 

23 of perfluoroalkyl or 

24 polyfluoroalkyl substances that the 

25 Administrator determines to reguVerDate Sep 11 2014 00:05 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S1507.RS S1507

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1 late under subclause (I), the Ad2 ministrator— 

3 ‘‘(AA) not later than 18 

4 months after the date on 

5 which the Administrator 

6 makes the determination, 

7 shall propose a national pri8 mary drinking water regula9 tion for the perfluoroalkyl or 

10 polyfluoroalkyl substance or 

11 class of perfluoroalkyl or 

12 polyfluoroalkyl substances; 

13 and 

14 ‘‘(BB) may publish the 

15 proposed national primary 

16 drinking water regulation 

17 described in subitem (AA) 

18 concurrently with the publi19 cation of the determination 

20 to regulate the perfluoroalkyl 

21 or polyfluoroalkyl substance 

22 or class of perfluoroalkyl or 

23 polyfluoroalkyl substances. 

24 ‘‘(bb) DEADLINE.— 


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1 ‘‘(AA) IN GENERAL.— 

2 Not later than 1 year after 

3 the date on which the Ad4 ministrator publishes a pro5 posed national primary 

6 drinking water regulation 

7 under item (aa)(AA) and 

8 subject to subitem (BB), the 

9 Administrator shall take 

10 final action on the proposed 

11 national primary drinking 

12 water regulation. 

13 ‘‘(BB) EXTENSION.— 

14 The Administrator, on publi15 cation of notice in the Fed16 eral Register, may extend the 

17 deadline under subitem (AA) 

18 by not more than 6 months. 

19 ‘‘(vii) LIFETIME DRINKING WATER

20 HEALTH ADVISORY.— 

21 ‘‘(I) IN GENERAL.—Subject to 

22 subclause (II), the Administrator shall 

23 publish a health advisory under para24 graph (1)(F) for a perfluoroalkyl or 

25 polyfluoroalkyl substance or class of 


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1 perfluoroalkyl or polyfluoroalkyl sub2 stances not later than 1 year after the 

3 later of— 

4 ‘‘(aa) the date on which the 

5 Administrator finalizes a toxicity 

6 value for the perfluoroalkyl or 

7 polyfluoroalkyl substance or class 

8 of perfluoroalkyl or 

9 polyfluoroalkyl substances; and 

10 ‘‘(bb) the date on which the 

11 Administrator validates an effec12 tive quality control and testing 

13 procedure for the perfluoroalkyl or 

14 polyfluoroalkyl substance or class 

15 of perfluoroalkyl or 

16 polyfluoroalkyl substance, if such 

17 a procedure did not exist on the 

18 date on which the toxicity value 

19 described in item (aa) was final20 ized. 

21 ‘‘(II) WAIVER.—The Adminis22 trator may waive the requirements of 

23 subclause (I) with respect to a 

24 perfluoroalkyl or polyfluoroalkyl sub25 stance or class of perfluoroalkyl and 


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1 polyfluoroalkyl substances if the Ad2 ministrator determines that there is a 

3 substantial likelihood that the 

4 perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances will not 

7 occur in drinking water.’’. 

8 SEC. 202. MONITORING AND DETECTION. 

9 (a) MONITORING PROGRAM FOR UNREGULATED CON10 TAMINANTS.— 

11 (1) IN GENERAL.—The Administrator shall in12 clude each substance described in paragraph (2) in 

13 the fifth publication of the list of unregulated con14 taminants to be monitored under section 

15 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 

16 U.S.C. 300j–4(a)(2)(B)(i)). 

17 (2) SUBSTANCES DESCRIBED.—The substances 

18 referred to in paragraph (1) are perfluoroalkyl and 

19 polyfluoroalkyl substances and classes of 

20 perfluoroalkyl and polyfluoroalkyl substances— 

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

22 in drinking water has been validated by the Ad23 ministrator; and 

24 (B) that are not subject to a national pri25 mary drinking water regulation under clause (i) 


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1 or (vi)(II) of subparagraph (D) of section 

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

3 U.S.C. 300g–1(b)(2)). 

4 (3) EXCEPTION.—The perfluoroalkyl and 

5 polyfluoroalkyl substances and classes of 

6 perfluoroalkyl and polyfluoroalkyl substances included 

7 in the list of unregulated contaminants to be mon8 itored under section 1445(a)(2)(B)(i) of the Safe 

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

10 under paragraph (1) shall not count towards the 

11 limit of 30 unregulated contaminants to be monitored 

12 by public water systems under that section. 

13 (b) APPLICABILITY.— 

14 (1) IN GENERAL.—The Administrator shall— 

15 (A) require public water systems serving 

16 more than 10,000 persons to monitor for the sub17 stances described in subsection (a)(2); 

18 (B) subject to paragraph (2) and the avail19 ability of appropriations, require public water 

20 systems serving not fewer than 3,300 and not 

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

23 (C) subject to paragraph (2) and the avail24 ability of appropriations, ensure that only a rep25 resentative sample of public water systems servVerDate Sep 11 2014 00:05 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S1507.RS S1507

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1 ing fewer than 3,300 persons are required to 

2 monitor for the substances described in sub3 section (a)(2). 

4 (2) REQUIREMENT.—If the Administrator deter5 mines that there is not sufficient laboratory capacity 

6 to carry out the monitoring required under subpara7 graphs (B) and (C) of paragraph (1), the Adminis8 trator may waive the monitoring requirements in 

9 those subparagraphs. 

10 (3) FUNDS.—The Administrator shall pay the 

11 reasonable cost of such testing and laboratory anal12 ysis as is necessary to carry out the monitoring re13 quired under paragraph (1) from— 

14 (A) funds made available under subsection 

15 (a)(2)(H) or (j)(5) of section 1445 of the Safe 

16 Drinking Water Act (42 U.S.C. 300j–4); or 

17 (B) any other funds made available for that 

18 purpose. 

19 SEC. 203. ENFORCEMENT. 

20 Notwithstanding any other provision of law, the Ad21 ministrator may not impose financial penalties for the vio22 lation of a national primary drinking water regulation (as 

23 defined in section 1401 of the Safe Drinking Water Act (42 

24 U.S.C. 300f)) with respect to a perfluoroalkyl or 

25 polyfluoroalkyl substance or class of perfluoroalkyl or 


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1 polyfluoroalkyl substances for which a national primary 

2 drinking water regulation has been promulgated under 

3 clause (i) or (vi) of subparagraph (D) of section 1412(b)(2) 

4 of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) 

5 earlier than the date that is 5 years after the date on which 

6 the Administrator promulgates the national primary drink7 ing water regulation. 

8 SEC. 204. DRINKING WATER STATE REVOLVING FUNDS. 

9 Section 1452 of the Safe Drinking Water Act (42 

10 U.S.C. 300j–12) is amended— 

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

12 following: 

13 ‘‘(G) EMERGING CONTAMINANTS.— 

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

15 (ii), amounts deposited under subsection (t) 

16 in a State loan fund established under this 

17 section may be used to provide grants for 

18 the purpose of addressing emerging con19 taminants, with a focus on perfluoroalkyl 

20 and polyfluoroalkyl substances. 

21 ‘‘(ii) REQUIREMENTS.— 

22 ‘‘(I) SMALL AND DISADVANTAGED

23 COMMUNITIES.—Not less than 25 per24 cent of the amounts described in clause 

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


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1 ‘‘(aa) disadvantaged commu2 nities (as defined in subsection 

3 (d)(3)); or 

4 ‘‘(bb) public water systems 

5 serving fewer than 25,000 persons. 

6 ‘‘(II) PRIORITIES.—In selecting 

7 the recipient of a grant using amounts 

8 described in clause (i), a State shall 

9 use the priorities described in sub10 section (b)(3)(A).’’; 

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

12 subparagraph (A), by striking ‘‘this section’’ and in13 serting ‘‘this section, except for subsections (a)(2)(G) 

14 and (t)’’; and 

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

16 ‘‘(t) EMERGING CONTAMINANTS.— 

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

18 under this subsection shall be allotted to a State as 

19 if allotted under subsection (a)(1)(D) as a capitaliza20 tion grant, for deposit into the State loan fund of the 

21 State, for the purposes described in subsection 

22 (a)(2)(G). 

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 

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


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1 2020 through 2024, to remain available until ex2 pended.’’. 

3 TITLE III—PFAS DETECTION 

4 SEC. 301. DEFINITIONS. 

5 In this title: 

6 (1) DIRECTOR.—The term ‘‘Director’’ means the 

7 Director of the United States Geological Survey. 

8 (2) PERFLUORINATED COMPOUND.— 

9 (A) IN GENERAL.—The term 

10 ‘‘perfluorinated compound’’ means a 

11 perfluoroalkyl substance or a polyfluoroalkyl sub12 stance that is manmade with at least 1 fully 

13 fluorinated carbon atom. 

14 (B) DEFINITIONS.—In this definition: 

15 (i) FULLY FLUORINATED CARBON

16 ATOM.—The term ‘‘fully fluorinated carbon 

17 atom’’ means a carbon atom on which all 

18 the hydrogen substituents have been replaced 

19 by fluorine. 

20 (ii) NONFLUORINATED CARBON

21 ATOM.—The term ‘‘nonfluorinated carbon 

22 atom’’ means a carbon atom on which no 

23 hydrogen substituents have been replaced by 

24 fluorine. 


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1 (iii) PARTIALLY FLUORINATED CARBON

2 ATOM.—The term ‘‘partially fluorinated 

3 carbon atom’’ means a carbon atom on 

4 which some, but not all, of the hydrogen 

5 substituents have been replaced by fluorine. 

6 (iv) PERFLUOROALKYL SUBSTANCE.— 

7 The term ‘‘perfluoroalkyl substance’’ means 

8 a manmade chemical of which all of the 

9 carbon atoms are fully fluorinated carbon 

10 atoms. 

11 (v) POLYFLUOROALKYL SUBSTANCE.— 

12 The term ‘‘polyfluoroalkyl substance’’ means 

13 a manmade chemical containing a mix of 

14 fully fluorinated carbon atoms, partially 

15 fluorinated carbon atoms, and 

16 nonfluorinated carbon atoms. 

17 SEC. 302. PERFORMANCE STANDARD FOR THE DETECTION 

18 OF PERFLUORINATED COMPOUNDS. 

19 (a) IN GENERAL.—The Director shall establish a per20 formance standard for the detection of perfluorinated com21 pounds. 

22 (b) EMPHASIS.— 

23 (1) IN GENERAL.—In developing the performance 

24 standard under subsection (a), the Director shall em25 phasize the ability to detect as many perfluorinated 


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1 compounds present in the environment as possible 

2 using analytical methods that— 

3 (A) achieve limits of quantitation (as de4 fined in the document of the United States Geo5 logical Survey entitled ‘‘Analytical Methods for 

6 Chemical Analysis of Geologic and Other Mate7 rials, U.S. Geological Survey’’ and dated 2002); 

8 and 

9 (B) are as sensitive as is feasible and prac10 ticable. 

11 (2) REQUIREMENT.—In developing the perform12 ance standard under subsection (a), the Director 

13 may— 

14 (A) develop quality assurance and quality 

15 control measures to ensure accurate sampling 

16 and testing; 

17 (B) develop a training program with re18 spect to the appropriate method of sample collec19 tion and analysis of perfluorinated compounds; 

20 and 

21 (C) coordinate with the Administrator, in22 cluding, if appropriate, coordinating to develop 

23 media-specific, validated analytical methods to 

24 detect individual and different perfluorinated 

25 compounds simultaneously. 


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1 SEC. 303. NATIONWIDE SAMPLING. 

2 (a) IN GENERAL.—The Director shall carry out a na3 tionwide sampling to determine the concentration of 

4 perfluorinated compounds in estuaries, lakes, streams, 

5 springs, wells, wetlands, rivers, aquifers, and soil using the 

6 performance standard developed under section 302(a). 

7 (b) REQUIREMENTS.—In carrying out the sampling 

8 under subsection (a), the Director shall— 

9 (1) first carry out the sampling at sources of 

10 drinking water near locations with known or sus11 pected releases of perfluorinated compounds; 

12 (2) when carrying out sampling of sources of 

13 drinking water under paragraph (1), carry out the 

14 sampling prior to any treatment of the water; 

15 (3) survey for ecological exposure to 

16 perfluorinated compounds, with a priority in deter17 mining direct human exposure through drinking 

18 water; and 

19 (4) consult with— 

20 (A) States to determine areas that are a 

21 priority for sampling; and 

22 (B) the Administrator— 

23 (i) to enhance coverage of the sam24 pling; and 

25 (ii) to avoid unnecessary duplication. 


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1 (c) REPORT.—Not later than 90 days after the comple2 tion of the sampling under subsection (a), the Director shall 

3 prepare a report describing the results of the sampling and 

4 submit the report to— 

5 (1) the Committee on Environment and Public 

6 Works and the Committee on Energy and Natural Re7 sources of the Senate; 

8 (2) the Committee on Energy and Commerce of 

9 the House of Representatives; 

10 (3) the Senators of each State in which the Di11 rector carried out the sampling; and 

12 (4) each Member of the House of Representatives 

13 that represents a district in which the Director car14 ried out the sampling. 

15 SEC. 304. DATA USAGE. 

16 (a) IN GENERAL.—The Director shall provide the sam17 pling data collected under section 303 to— 

18 (1) the Administrator; and 

19 (2) other Federal and State regulatory agencies 

20 on request. 

21 (b) USAGE.—The sampling data provided under sub22 section (a) shall be used to inform and enhance assessments 

23 of exposure, likely health and environmental impacts, and 

24 remediation priorities. 


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1 SEC. 305. COLLABORATION. 

2 In carrying out this title, the Director shall collaborate 

3 with— 

4 (1) appropriate Federal and State regulators; 

5 (2) institutions of higher education; 

6 (3) research institutions; and 

7 (4) other expert stakeholders. 

8 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Director 

10 to carry out this title— 

11 (1) $5,000,000 for fiscal year 2020; and 

12 (2) $10,000,000 for each of fiscal years 2021 

13 through 2024. 

14 TITLE IV—SAFE DRINKING 

15 WATER ASSISTANCE 

16 SEC. 401. DEFINITIONS. 

17 In this title: 

18 (1) CONTAMINANT.—The term ‘‘contaminant’’ 

19 means any physical, chemical, biological, or radio20 logical substance or matter in water. 

21 (2) CONTAMINANT OF EMERGING CONCERN; 

22 EMERGING CONTAMINANT.—The terms ‘‘contaminant 

23 of emerging concern’’ and ‘‘emerging contaminant’’ 

24 mean a contaminant— 


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1 (A) for which the Administrator has not 

2 promulgated a national primary drinking water 

3 regulation; and 

4 (B) that may have an adverse effect on the 

5 health of individuals. 

6 (3) FEDERAL RESEARCH STRATEGY.—The term 

7 ‘‘Federal research strategy’’ means the coordinated 

8 cross-agency plan for addressing critical research 

9 gaps related to detecting, assessing exposure to, and 

10 identifying the adverse health effects of emerging con11 taminants in drinking water developed by the Office 

12 of Science and Technology Policy in response to the 

13 report of the Committee on Appropriations of the 

14 Senate accompanying S. 1662 of the 115th Congress 

15 (S. Rept. 115–139). 

16 (4) TECHNICAL ASSISTANCE AND SUPPORT.—The 

17 term ‘‘technical assistance and support’’ includes— 

18 (A) assistance with— 

19 (i) identifying appropriate analytical 

20 methods for the detection of contaminants; 

21 (ii) understanding the strengths and 

22 limitations of the analytical methods de23 scribed in clause (i); 

24 (iii) troubleshooting the analytical 

25 methods described in clause (i); 


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1 (B) providing advice on laboratory certifi2 cation program elements; 

3 (C) interpreting sample analysis results; 

4 (D) providing training with respect to 

5 proper analytical techniques; 

6 (E) identifying appropriate technology for 

7 the treatment of contaminants; and 

8 (F) analyzing samples, if— 

9 (i) the analysis cannot be otherwise ob10 tained in a practicable manner otherwise; 

11 and 

12 (ii) the capability and capacity to per13 form the analysis is available at a Federal 

14 facility. 

15 (5) WORKING GROUP.—The term ‘‘Working 

16 Group’’ means the Working Group established under 

17 section 402(b)(1). 

18 SEC. 402. RESEARCH AND COORDINATION PLAN FOR EN19 HANCED RESPONSE ON EMERGING CONTAMI20 NANTS. 

21 (a) IN GENERAL.—The Administrator shall— 

22 (1) review Federal efforts— 

23 (A) to identify, monitor, and assist in the 

24 development of treatment methods for emerging 

25 contaminants; and 


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1 (B) to assist States in responding to the 

2 human health risks posed by contaminants of 

3 emerging concern; and 

4 (2) in collaboration with owners and operators 

5 of public water systems, States, and other interested 

6 stakeholders, establish a strategic plan for improving 

7 the Federal efforts referred to in paragraph (1). 

8 (b) INTERAGENCY WORKING GROUP ON EMERGING

9 CONTAMINANTS.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of enactment of this Act, the Administrator 

12 and the Secretary of Health and Human Services 

13 shall jointly establish a Working Group to coordinate 

14 the activities of the Federal Government to identify 

15 and analyze the public health effects of drinking 

16 water contaminants of emerging concern. 

17 (2) MEMBERSHIP.—The Working Group shall 

18 include representatives of the following: 

19 (A) The Environmental Protection Agency, 

20 appointed by the Administrator. 

21 (B) The following agencies, appointed by 

22 the Secretary of Health and Human Services: 

23 (i) The National Institutes of Health. 

24 (ii) The Centers for Disease Control 

25 and Prevention. 


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1 (iii) The Agency for Toxic Substances 

2 and Disease Registry. 

3 (C) The United States Geological Survey, 

4 appointed by the Secretary of the Interior. 

5 (D) Any other Federal agency the assistance 

6 of which the Administrator determines to be nec7 essary to carry out this subsection, appointed by 

8 the head of the respective agency. 

9 (3) EXISTING WORKING GROUP.—The Adminis10 trator may expand or modify the duties of an existing 

11 working group to perform the duties of the Working 

12 Group under this subsection. 

13 (c) NATIONAL EMERGING CONTAMINANT RESEARCH

14 INITIATIVE.— 

15 (1) FEDERAL RESEARCH STRATEGY.— 

16 (A) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Direc18 tor of the Office of Science and Technology Pol19 icy (referred to in this subsection as the ‘‘Direc20 tor’’) shall coordinate with the heads of the agen21 cies described in subparagraph (C) to establish a 

22 research initiative, to be known as the ‘‘National 

23 Emerging Contaminant Research Initiative’’, 

24 that shall— 


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1 (i) use the Federal research strategy to 

2 improve the identification, analysis, moni3 toring, and treatment methods of contami4 nants of emerging concern; and 

5 (ii) develop any necessary program, 

6 policy, or budget to support the implemen7 tation of the Federal research strategy, in8 cluding mechanisms for joint agency review 

9 of research proposals, for interagency co10 funding of research activities, and for infor11 mation sharing across agencies. 

12 (B) RESEARCH ON EMERGING CONTAMI13 NANTS.—In carrying out subparagraph (A), the 

14 Director shall— 

15 (i) take into consideration consensus 

16 conclusions from peer-reviewed, pertinent 

17 research on emerging contaminants; and 

18 (ii) in consultation with the Adminis19 trator, identify priority emerging contami20 nants for research emphasis. 

21 (C) FEDERAL PARTICIPATION.—The agen22 cies referred to in subparagraph (A) include— 

23 (i) the National Science Foundation; 

24 (ii) the National Institutes of Health; 


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1 (iii) the Environmental Protection 

2 Agency; 

3 (iv) the National Institute of Stand4 ards and Technology; 

5 (v) the United States Geological Sur6 vey; and 

7 (vi) any other Federal agency that con8 tributes to research in water quality, envi9 ronmental exposures, and public health, as 

10 determined by the Director. 

11 (D) PARTICIPATION FROM ADDITIONAL EN12 TITIES.—In carrying out subparagraph (A), the 

13 Director shall consult with nongovernmental or14 ganizations, State and local governments, and 

15 science and research institutions determined by 

16 the Director to have scientific or material inter17 est in the National Emerging Contaminant Re18 search Initiative. 

19 (2) IMPLEMENTATION OF RESEARCH REC20 OMMENDATIONS.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date on which the Director and heads 

23 of the agencies described in paragraph (1)(C) es24 tablish the National Emerging Contaminant Re25 search Initiative under paragraph (1)(A), the 


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1 head of each agency described in paragraph 

2 (1)(C) shall— 

3 (i) issue a solicitation for research pro4 posals consistent with the Federal research 

5 strategy; and 

6 (ii) make grants to applicants that 

7 submit research proposals selected by the 

8 National Emerging Contaminant Research 

9 Initiative in accordance with subparagraph 

10 (B). 

11 (B) SELECTION OF RESEARCH PRO12 POSALS.—The National Emerging Contaminant 

13 Research Initiative shall select research proposals 

14 to receive grants under this paragraph on the 

15 basis of merit, using criteria identified by the 

16 Director, including the likelihood that the pro17 posed research will result in significant progress 

18 toward achieving the objectives identified in the 

19 Federal research strategy. 

20 (C) ELIGIBLE ENTITIES.—Any entity or 

21 group of 2 or more entities may submit to the 

22 head of each agency described in paragraph 

23 (1)(C) a research proposal in response to the so24 licitation for research proposals described in sub25 paragraph (A)(i), including— 


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1 (i) State and local agencies; 

2 (ii) public institutions, including pub3 lic institutions of higher education; 

4 (iii) private corporations; and 

5 (iv) nonprofit organizations. 

6 (d) FEDERAL TECHNICAL ASSISTANCE AND SUPPORT

7 FOR STATES.— 

8 (1) STUDY.— 

9 (A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of this Act, the Ad11 ministrator shall conduct a study on actions the 

12 Administrator can take to increase technical as13 sistance and support for States with respect to 

14 emerging contaminants in drinking water sam15 ples. 

16 (B) CONTENTS OF STUDY.—In carrying out 

17 the study described in subparagraph (A), the Ad18 ministrator shall identify— 

19 (i) methods and effective treatment op20 tions to increase technical assistance and 

21 support with respect to emerging contami22 nants to States, including identifying op23 portunities for States to improve commu24 nication with various audiences about the 


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1 risks associated with emerging contami2 nants; 

3 (ii) means to facilitate access to quali4 fied contract testing laboratory facilities 

5 that conduct analyses for emerging contami6 nants; and 

7 (iii) actions to be carried out at exist8 ing Federal laboratory facilities, including 

9 the research facilities of the Administrator, 

10 to provide technical assistance and support 

11 for States that require testing facilities for 

12 emerging contaminants. 

13 (C) AVAILABILITY OF ANALYTICAL RE14 SOURCES.—In carrying out the study described 

15 in subparagraph (A), the Administrator shall 

16 consider— 

17 (i) the availability of— 

18 (I) Federal and non-Federal lab19 oratory capacity; and 

20 (II) validated methods to detect 

21 and analyze contaminants; and 

22 (ii) other factors determined to be ap23 propriate by the Administrator. 

24 (2) REPORT.—Not later than 18 months after the 

25 date of enactment of this Act, the Administrator shall 


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1 submit to Congress a report describing the results of 

2 the study described in paragraph (1). 

3 (3) PROGRAM TO PROVIDE FEDERAL ASSISTANCE

4 TO STATES.— 

5 (A) IN GENERAL.—Not later than 3 years 

6 after the date of enactment of this Act, based on 

7 the findings in the report described in paragraph 

8 (2), the Administrator shall develop a program 

9 to provide technical assistance and support to el10 igible States for the testing and analysis of 

11 emerging contaminants. 

12 (B) APPLICATION.— 

13 (i) IN GENERAL.—To be eligible for 

14 technical assistance and support under this 

15 paragraph, a State shall submit to the Ad16 ministrator an application at such time, in 

17 such manner, and containing such informa18 tion as the Administrator may require. 

19 (ii) CRITERIA.—The Administrator 

20 shall evaluate an application for technical 

21 assistance and support under this para22 graph on the basis of merit using criteria 

23 identified by the Administrator, includ24 ing— 


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1 (I) the laboratory facilities avail2 able to the State; 

3 (II) the availability and applica4 bility of existing analytical methodolo5 gies; 

6 (III) the potency and severity of 

7 the emerging contaminant, if known; 

8 and 

9 (IV) the prevalence and mag10 nitude of the emerging contaminant. 

11 (iii) PRIORITIZATION.—In selecting 

12 States to receive technical assistance and 

13 support under this paragraph, the Adminis14 trator— 

15 (I) shall give priority to States 

16 with affected areas primarily in finan17 cially distressed communities; 

18 (II) may— 

19 (aa) waive the application 

20 process in an emergency situation; 

21 and 

22 (bb) require an abbreviated 

23 application process for the con24 tinuation of work specified in a 

25 previously approved application 


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1 that continues to meet the criteria 

2 described in clause (ii); and 

3 (III) shall consider the relative ex4 pertise and availability of— 

5 (aa) Federal and non-Fed6 eral laboratory capacity available 

7 to the State; 

8 (bb) analytical resources 

9 available to the State; and 

10 (cc) other types of technical 

11 assistance available to the State. 

12 (C) DATABASE OF AVAILABLE RE13 SOURCES.—The Administrator shall establish 

14 and maintain a database of resources available 

15 through the program developed under subpara16 graph (A) to assist States with testing for emerg17 ing contaminants that— 

18 (i) is— 

19 (I) available to States and stake20 holder groups determined by the Ad21 ministrator to have scientific or mate22 rial interest in emerging contami23 nants, including— 

24 (aa) drinking water and 

25 wastewater utilities; 


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1 (bb) laboratories; 

2 (cc) Federal and State emer3 gency responders; 

4 (dd) State primacy agencies; 

5 (ee) public health agencies; 

6 and 

7 (ff) water associations; 

8 (II) searchable; and 

9 (III) accessible through the website 

10 of the Administrator; and 

11 (ii) includes a description of— 

12 (I) qualified contract testing lab13 oratory facilities that conduct analyses 

14 for emerging contaminants; and 

15 (II) the resources available in 

16 Federal laboratory facilities to test for 

17 emerging contaminants. 

18 (D) WATER CONTAMINANT INFORMATION

19 TOOL.—The Administrator shall integrate the 

20 database established under subparagraph (C) 

21 into the Water Contaminant Information Tool of 

22 the Environmental Protection Agency. 

23 (4) FUNDING.—Of the amounts available to the 

24 Administrator, the Administrator may use not more 


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1 than $15,000,000 in a fiscal year to carry out this 

2 subsection. 

3 (e) REPORT.—Not less frequently than once every 2 

4 years until 2029, the Administrator shall submit to Con5 gress a report that describes the progress made in carrying 

6 out this title. 

7 (f) EFFECT.—Nothing in this section modifies any ob8 ligation of a State, local government, or Indian Tribe with 

9 respect to treatment methods for, or testing or monitoring 

10 of, drinking water. 

11 TITLE V—MISCELLANEOUS 

12 SEC. 501. DEPARTMENT OF DEFENSE AUTHORITIES. 

13 In addition to any other requirements, when otherwise 

14 authorized to expend funds for the purpose of addressing 

15 ground or surface water contaminated by a perfluorinated 

16 compound, the Secretary of Defense may, to expend those 

17 funds, enter into a grant agreement, cooperative agreement, 

18 or contract with— 

19 (1) the local water authority with jurisdiction 

20 over the contamination site, including— 

21 (A) a public water system (as defined in 

22 section 1401 of the Safe Drinking Water Act (42 

23 U.S.C. 300f)); and 


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1 (B) a publicly owned treatment works (as 

2 defined in section 212 of the Federal Water Pol3 lution Control Act (33 U.S.C. 1292)); or 

4 (2) a State, local, or Tribal government. 

5 SEC. 502. PFAS DATA CALL. 

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

7 U.S.C. 2607(a)) is amended by adding at the end the fol8 lowing: 

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

10 2023, the Administrator shall promulgate a rule in 

11 accordance with this subsection requiring each person 

12 who has manufactured a chemical substance that is a 

13 perfluoroalkyl or polyfluoroalkyl substance in any 

14 year since January 1, 2006, to submit to the Admin15 istrator a report that includes, for each year since 

16 January 1, 2006, the information described in para17 graph (2).’’. 

18 SEC. 503. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN 

19 PFAS. 

20 Not later than June 22, 2020, the Administrator shall 

21 take final action on the significant new use rule proposed 

22 by the Administrator under the Toxic Substances Control 

23 Act (15 U.S.C. 2601 et seq.) in the proposed rule entitled 

24 ‘‘Long-Chain Perfluoroalkyl Carboxylate and 


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1 Perfluoroalkyl Sulfonate Chemical Substances; Significant 

2 New Use Rule’’ (80 Fed. Reg. 2885 (January 21, 2015)). 

3 SEC. 504. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. 

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

5 of enactment of this Act, the Administrator shall publish 

6 interim guidance on the destruction and disposal of 

7 perfluoroalkyl and polyfluoroalkyl substances and materials 

8 containing perfluoroalkyl and polyfluoroalkyl substances, 

9 including— 

10 (1) aqueous film-forming foam; 

11 (2) soil and biosolids; 

12 (3) textiles treated with perfluoroalkyl and 

13 polyfluoroalkyl substances; and 

14 (4) spent filters, membranes, and other waste 

15 from water treatment. 

16 (b) CONSIDERATIONS; INCLUSIONS.—The interim 

17 guidance under subsection (a) shall— 

18 (1) take into consideration— 

19 (A) the potential for releases of 

20 perfluoroalkyl and polyfluoroalkyl substances 

21 during destruction or disposal, including 

22 through volatilization, air dispersion, or leach23 ate; and 

24 (B) potentially vulnerable populations liv25 ing near likely destruction or disposal sites; and 


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1 (2) provide guidance on testing and monitoring 

2 air, effluent, and soil near potential destruction or 

3 disposal sites for releases described in paragraph 

4 (1)(A). 

5 (c) REVISIONS.—The Administrator shall publish revi6 sions to the interim guidance under subsection (a) as the 

7 Administrator determines to be appropriate, but not less 

8 frequently than once every 3 years. 

9 SEC. 505. PFAS RESEARCH AND DEVELOPMENT. 

10 (a) IN GENERAL.—The Administrator, acting through 

11 the Assistant Administrator for the Office of Research and 

12 Development, shall— 

13 (1)(A) further examine the effects of 

14 perfluoroalkyl and polyfluoroalkyl substances on 

15 human health and the environment; and 

16 (B) make publicly available information relating 

17 to the findings under subparagraph (A); 

18 (2) develop a process for prioritizing which 

19 perfluoroalkyl and polyfluoroalkyl substances, or 

20 classes of perfluoroalkyl and polyfluoroalkyl sub21 stances, should be subject to additional research or 

22 regulatory efforts that is based on— 

23 (A) the potential for human exposure to the 

24 substances or classes of substances; 


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1 (B) the potential toxicity of the substances 

2 or classes of substances; and 

3 (C) information available about the sub4 stances or classes of substances; 

5 (3) develop new tools to characterize and identify 

6 perfluoroalkyl and polyfluoroalkyl substances in the 

7 environment, including in drinking water, waste8 water, surface water, groundwater, solids, and the air; 

9 (4) evaluate approaches for the remediation of 

10 contamination by perfluoroalkyl and polyfluoroalkyl 

11 substances in the environment; and 

12 (5) develop and implement new tools and mate13 rials to communicate with the public about 

14 perfluoroalkyl and polyfluoroalkyl substances. 

15 (b) FUNDING.—There is authorized to be appropriated 

16 to the Administrator to carry out this section $15,000,000 

17 for each of fiscal years 2020 through 2024. 


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Calendar No. 119 

116TH CONGRESS 

1ST SESSION S. 1507 

A BILL 

To include certain perfluoroalkyl and 

inventory, and for other purposes. polyfluoroalkyl substances in the toxics release 

JUNE 19, 2019 

Reported with an amendment 


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