PFAS Federal Facility Accountability Act of 2018

To encourage Federal agencies to enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking water, surface water, ground water, sediment, and soil, and for other purposes. 1. Short title This Act may be cited as the PFAS Federal Facility Accountability Act of 2018 2. Cooperative agreements with States for removal and remedial actions to address contamination from PFAS (a) Definitions In this Act: (1) Facility The term facility 42 U.S.C. 9601 (2) Federal facility The term Federal facility (3) Former Federal facility The term former Federal facility (4) Fully fluorinated carbon atom The term fully fluorinated carbon atom (5) Perfluorinated compound The term perfluorinated compound (A) is manmade; and (B) contains at least 1 fully fluorinated carbon atom. (6) State The term State 42 U.S.C. 9601 (b) Cooperative agreement (1) In general On request by the Governor or chief executive of a State, a Federal department or agency shall enter into a cooperative agreement, or amend an existing cooperative agreement, with such State pursuant to which the Federal department or agency will conduct testing, monitoring, removal, and remedial actions to address contamination or suspected contamination of drinking water, surface water, ground water, sediment, or soil from a perfluorinated compound released at— (A) a Federal facility; or (B) a former Federal facility during the period in which the former Federal facility was owned or operated by the Federal Government. (2) Minimum standards A cooperative agreement entered into or amended under paragraph (1) shall require that the drinking water, surface water, ground water, sediment, or soil with respect to which the cooperative agreement applies meet or exceed each of the following with respect to perfluorinated compounds, if applicable and appropriate: (A) A State standard, requirement, criteria, or limitation, in effect in the State, for drinking water, surface water, ground water, sediment, or soil, identified pursuant to section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(ii) (B) A health advisory level published pursuant to section 1412(b)(1)(F) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b)(1)(F) (C) Any Federal standard, requirement, criterion, or limit, including a standard, requirement, criterion, or limit issued under— (i) the Toxic Substances Control Act ( 15 U.S.C. 2601 (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f (iii) the Clean Air Act ( 42 U.S.C. 7401 (iv) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (v) the Marine Protection, Research, and Sanctuaries Act of 1972 (commonly known as the Ocean Dumping Act 33 U.S.C. 1401 (vi) the Solid Waste Disposal Act ( 42 U.S.C. 6901 (3) Reimbursement (A) In general In carrying out a cooperative agreement entered into or amended under paragraph (1), the Federal department or agency may enter into an agreement that provides for reimbursement to the State for services of the State to assist the Federal department or agency in carrying out the cooperative agreement. (B) Limitation An agreement with a State under subparagraph (A) may not provide for reimbursement to the State for enforcement activities. (c) Report requirement (1) In general If a Federal department or agency fails to enter into, or amend, a cooperative agreement pursuant to a request by a Governor or chief executive of a State under subsection (b) by the date is 1 year after the date of such request, the President shall submit a report described in paragraph (2) to— (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) each Senator from a State affected by the perfluorinated compound contamination at issue; and (D) each member of the House of Representatives that represents a district affected by the perfluorinated compound contamination at issue. (2) Report described The report referred to in paragraph (1) shall include— (A) a detailed explanation of why a cooperative agreement has not been entered into or amended, as applicable; and (B) a projected timeline for entering into or amending a cooperative agreement, as applicable. 3. Determination Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall make a determination whether to designate perfluorinated compounds, for which the risks are well characterized, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601

Summary: PFAS Federal Facility Accountability Act of 2018 This bill requires the federal government, on the request of a state, to cooperate with the state to address drinking water, surface water, ground water, sediment, or soil contaminated from a perfluorinated compound released from a federal facility or a former federal facility. A perfluorinated compound means a perfluoroalkyl substance, or a polyfluoroalkyl substance, that is man made and contains at least one fully fluorinated carbon atom. Within a year, the Environmental Protection Agency must determine whether to designate perfluorinated compounds as hazardous substances.