IB 
Union Calendar No. 289 
116TH CONGRESS 
1ST SESSION 
H. R. 535 
[Report No. 116–364, Part I] 
To require the Administrator of the Environmental Protection Agency to 
designate per- and polyfluoroalkyl substances as hazardous substances 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2019 
Mrs. DINGELL (for herself, Mr. UPTON, and Mr. KILDEE) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
JANUARY 2, 2020 
Additional sponsors: Ms. WILD, Mr. KHANNA, Mr. DELGADO, Mr. POCAN, Mr. 
CARBAJAL, Mr. PAPPAS, Ms. SLOTKIN, Ms. DEAN, Ms. LOFGREN, Mr. 
BLUMENAUER, Mr. LUJA´N, Ms. KUSTER of New Hampshire, Ms. PIN-
GREE, Mr. NEGUSE, Mr. HUDSON, Mr. BRENDAN F. BOYLE of Pennsyl-
vania, Ms. MOORE, Mr. LEVIN of Michigan, Ms. HAALAND, Mr. WELCH, 
Mr. MCNERNEY, Mr. HASTINGS, Ms. TLAIB, Mr. SOTO, Ms. WASSERMAN 
SCHULTZ, Ms. SHALALA, Mr. COHEN, Mr. SEAN PATRICK MALONEY of 
New York, Ms. OMAR, Ms. MENG, Ms. NORTON, Mr. GARCI´A of Illinois, 
Mr. RASKIN, Mr. FITZPATRICK, Mr. GRIJALVA, Mr. GOLDEN, Mr. KIM, 
Ms. SCANLON, Mrs. LURIA, Ms. LEE of California, Mr. ROUZER, Mr. 
PRICE of North Carolina, Ms. JUDY CHU of California, Mr. PETERS, Mr. 
SIRES, Mr. MOULTON, Ms. BONAMICI, Ms. SCHAKOWSKY, Mr. CISNEROS, 
Mr. LARSON of Connecticut, Mr. PERLMUTTER, Mr. RUPPERSBERGER, 
Mr. MCGOVERN, Mr. KIND, Mr. HIMES, Mr. CICILLINE, Mr. 
MALINOWSKI, Ms. SA´NCHEZ, Mrs. KIRKPATRICK, Mrs. WATSON COLE-
MAN, Mrs. TRAHAN, Mr. SCOTT of Virginia, Mr. CA´RDENAS, and Ms. 
STEVENS 
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JANUARY 2, 2020 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JANUARY 2, 2020 
Committee on Transportation and Infrastructure discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on January 14, 2019] 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to designate per- and polyfluoroalkyl sub-
stances as hazardous substances under the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘PFAS Action Act of 2019’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Designation as hazardous substances. 
Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances. 
Sec. 4. Manufacturing 
and 
processing 
notices 
for 
perfluoroalkyl 
and 
polyfluoroalkyl substances. 
Sec. 5. National primary drinking water regulations for PFAS. 
Sec. 6. Monitoring and detection. 
Sec. 7. Enforcement. 
Sec. 8. Drinking water state revolving funds. 
Sec. 9. Additions to toxics release inventory. 
Sec. 10. PFAS data call. 
Sec. 11. Significant new use rule for long-chain PFAS. 
Sec. 12. PFAS destruction and disposal guidance. 
Sec. 13. Establishment of PFAS infrastructure grant program. 
Sec. 14. Cooperative agreements with States for removal and remedial actions to 
address drinking, surface, and ground water and soil contami-
nation from PFAS. 
Sec. 15. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air 
pollutants. 
Sec. 16. Prohibition on waste incineration of PFAS. 
Sec. 17. Label for pots, pans, and cooking utensils. 
Sec. 18. Guidance on minimizing the use of firefighting foam and other related 
equipment containing any PFAS. 
SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES. 
(a) DESIGNATION.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the En-
vironmental 
Protection 
Agency 
shall 
designate 
perfluorooctanoic 
acid 
and 
its 
salts, 
and 
perfluoroactanesulfonic acid and its salts, as hazardous sub-
stances under section 102(a) of the Comprehensive Environ-
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mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9602(a)). 
(b) DEADLINE FOR ADDITIONAL DETERMINATIONS.— 
Not later than 5 years after the date of enactment of this 
Act, the Administrator of the Environmental Protection 
Agency 
shall 
determine 
whether 
to 
designate 
all 
perfluoroalkyl and polyfluoroalkyl substances, other than 
those perfluoroalkyl and polyfluoroalkyl substances des-
ignated pursuant to subsection (a), as hazardous substances 
under section 102(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9602(a)) individually or in groups. 
SEC. 
3. 
TESTING 
OF 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCES. 
(a) TESTING REQUIREMENTS.—Section 4(a) of the 
Toxic Substances Control Act (15 U.S.C. 2603(a)) is 
amended by adding at the end the following: 
‘‘(5) PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES RULE.— 
‘‘(A) RULE.—Notwithstanding paragraphs 
(1) through (3), the Administrator shall, by rule, 
require that comprehensive toxicity testing be 
conducted on all chemical substances that are 
perfluoroalkyl or polyfluoroalkyl substances. 
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‘‘(B) REQUIREMENTS.—In issuing a rule 
under subparagraph (A), the Administrator— 
‘‘(i) 
may 
establish 
categories 
of 
perfluoroalkyl 
and 
polyfluoroalkyl 
sub-
stances based on hazard characteristics or 
chemical properties; 
‘‘(ii) shall require the development of 
information relating to perfluoroalkyl and 
polyfluoroalkyl substances that the Adminis-
trator determines is likely to be useful in 
evaluating the hazard and risk posed by 
such substances in land, air, and water (in-
cluding drinking water), as well as in prod-
ucts; and 
‘‘(iii) may allow for varied or tiered 
testing requirements based on hazard char-
acteristics 
or 
chemical 
properties 
of 
perfluoroalkyl 
and 
polyfluoroalkyl 
sub-
stances or categories of perfluoroalkyl and 
polyfluoroalkyl substances. 
‘‘(C) DEADLINES.—The Administrator shall 
issue— 
‘‘(i) a proposed rule under subpara-
graph (A) not later than 6 months after the 
date of enactment of this paragraph; and 
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‘‘(ii) a final rule under subparagraph 
(A) not later than 2 years after the date of 
enactment of this paragraph.’’. 
(b) PERSONS SUBJECT TO RULE.—Section 4(b)(3) of 
the Toxic Substances Control Act (15 U.S.C. 2603(b)(3)) 
is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 
(C), or (D)’’; and 
(2) by adding at the end the following: 
‘‘(D) A rule under subsection (a)(5) shall require the 
development of information by any person who manufac-
tures or processes, or intends to manufacture or process, a 
chemical 
substance 
that 
is 
a 
perfluoroalkyl 
or 
polyfluoroalkyl substance.’’. 
(c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB-
STANCES.—Section 4 of the Toxic Substances Control Act 
(15 U.S.C. 2603) is amended by adding at the end the fol-
lowing: 
‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL SUB-
STANCES.— 
‘‘(1) TESTING REQUIREMENT RULE.— 
‘‘(A) PROTOCOLS AND METHODOLOGIES.— 
In determining the protocols and methodologies 
to be included pursuant to subsection (b)(1) in 
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‘‘(B) shall publish a list of all such chemical 
substances for which an exemption under sub-
section (c) is granted.’’. 
SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR 
PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES. 
Section 5 of the Toxic Substances Control Act (15 
U.S.C. 2604) is amended— 
(1) in subsection (h), by adding at the end the 
following: 
‘‘(7) This subsection does not apply to any chemical 
substance that is a perfluoroalkyl or polyfluoroalkyl sub-
stance.’’; and 
(2) by adding at the end the following: 
‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL SUB-
STANCES.— 
‘‘(1) DETERMINATION.—For a period of 5 years 
beginning on the date of enactment of this subsection, 
any chemical substance that is a perfluoroalkyl or 
polyfluoroalkyl substance for which a notice is sub-
mitted under subsection (a) shall be deemed to have 
been determined by the Administrator to present an 
unreasonable risk of injury to health or the environ-
ment under paragraph (3)(A) of such subsection. 
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‘‘(2) 
ORDER.—Notwithstanding 
subsection 
(a)(3)(A), for a chemical substance described in para-
graph (1) of this subsection, the Administrator shall 
issue an order under subsection (f)(3) to prohibit the 
manufacture, processing, and distribution in com-
merce of such chemical substance.’’. 
SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULA-
TIONS FOR PFAS. 
Section 1412(b) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)) is amended by adding at the end the fol-
lowing: 
‘‘(16) PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this paragraph, the 
Administrator shall, after notice and oppor-
tunity for public comment, promulgate a na-
tional primary drinking water regulation for 
perfluoroalkyl and polyfluoroalkyl substances, 
which shall, at a minimum, include standards 
for— 
‘‘(i) perfluorooctanoic acid (commonly 
referred to as ‘PFOA’); and 
‘‘(ii) 
perfluorooctane 
sulfonic 
acid 
(commonly referred to as ‘PFOS’). 
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‘‘(B) ALTERNATIVE PROCEDURES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the validation by the Adminis-
trator of an equally effective quality control 
and testing procedure to ensure compliance 
with the national primary drinking water 
regulation promulgated under subpara-
graph (A) to measure the levels described in 
clause (ii) or other methods to detect and 
monitor perfluoroalkyl and polyfluoroalkyl 
substances in drinking water, the Adminis-
trator shall add the procedure or method as 
an alternative to the quality control and 
testing procedure described in such national 
primary drinking water regulation by pub-
lishing the procedure or method in the Fed-
eral Register in accordance with section 
1401(1)(D). 
‘‘(ii) LEVELS DESCRIBED.—The levels 
referred to in clause (i) are— 
‘‘(I) the level of a perfluoroalkyl 
or polyfluoroalkyl substance; 
‘‘(II) 
the 
total 
levels 
of 
perfluoroalkyl and polyfluoroalkyl sub-
stances; and 
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‘‘(III) the total levels of organic 
fluorine. 
‘‘(C) INCLUSIONS.—The Administrator may 
include a perfluoroalkyl or polyfluoroalkyl sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances on— 
‘‘(i) the list of contaminants for con-
sideration of regulation under paragraph 
(1)(B)(i), in accordance with such para-
graph; and 
‘‘(ii) the list of unregulated contami-
nants to be monitored under section 
1445(a)(2)(B)(i), in accordance with such 
section. 
‘‘(D) 
MONITORING.—When 
establishing 
monitoring requirements for public water sys-
tems as part of a national primary drinking 
water regulation under subparagraph (A) or sub-
paragraph (G)(ii), the Administrator shall tailor 
the monitoring requirements for public water 
systems that do not detect or are reliably and 
consistently below the maximum contaminant 
level (as defined in section 1418(b)(2)(B)) for the 
perfluoroalkyl or polyfluoroalkyl substance or 
class of perfluoroalkyl or polyfluoroalkyl sub-
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stances subject to the national primary drinking 
water regulation. 
‘‘(E) HEALTH PROTECTION.—The national 
primary drinking water regulation promulgated 
under subparagraph (A) shall be protective of the 
health of subpopulations at greater risk, as de-
scribed in section 1458. 
‘‘(F) HEALTH RISK REDUCTION AND COST 
ANALYSIS.—In meeting the requirements of para-
graph (3)(C), the Administrator may rely on in-
formation available to the Administrator with 
respect to 1 or more specific perfluoroalkyl or 
polyfluoroalkyl substances to extrapolate rea-
soned conclusions regarding the health risks and 
effects 
of 
a 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances of which the specific 
perfluoroalkyl or polyfluoroalkyl substances are a 
part. 
‘‘(G) REGULATION
OF
ADDITIONAL
SUB-
STANCES.— 
‘‘(i) DETERMINATION.—The Adminis-
trator shall make a determination under 
paragraph (1)(A), using the criteria de-
scribed in clauses (i) through (iii) of that 
paragraph, 
whether 
to 
include 
a 
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perfluoroalkyl or polyfluoroalkyl substance 
or class of perfluoroalkyl or polyfluoroalkyl 
substances in the national primary drink-
ing water regulation under subparagraph 
(A) not later than 18 months after the later 
of— 
‘‘(I) the date on which the 
perfluoroalkyl or polyfluoroalkyl sub-
stance or class of perfluoroalkyl or 
polyfluoroalkyl substances is listed on 
the list of contaminants for consider-
ation of regulation under paragraph 
(1)(B)(i); and 
‘‘(II) the date on which— 
‘‘(aa) the Administrator has 
received the results of monitoring 
under section 1445(a)(2)(B) for 
the 
perfluoroalkyl 
or 
polyfluoroalkyl substance or class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances; or 
‘‘(bb) the Administrator has 
received reliable water data or 
water monitoring surveys for the 
perfluoroalkyl or polyfluoroalkyl 
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substance 
or 
class 
of 
perfluoroalkyl or polyfluoroalkyl 
substances from a Federal or 
State agency that the Adminis-
trator determines to be of a qual-
ity sufficient to make a deter-
mination 
under 
paragraph 
(1)(A). 
‘‘(ii) PRIMARY DRINKING WATER REGU-
LATIONS.— 
‘‘(I) 
IN
GENERAL.—For 
each 
perfluoroalkyl or polyfluoroalkyl sub-
stance or class of perfluoroalkyl or 
polyfluoroalkyl substances that the Ad-
ministrator 
determines 
to 
regulate 
under clause (i), the Administrator— 
‘‘(aa) not later than 18 
months after the date on which 
the Administrator makes the de-
termination, shall propose a na-
tional primary drinking water 
regulation for the perfluoroalkyl 
or polyfluoroalkyl substance or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances; and 
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‘‘(bb) may publish the pro-
posed national primary drinking 
water regulation described in item 
(aa) concurrently with the publi-
cation of the determination to reg-
ulate 
the 
perfluoroalkyl 
or 
polyfluoroalkyl substance or class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances. 
‘‘(II) DEADLINE.— 
‘‘(aa) 
IN
GENERAL.—Not 
later than 1 year after the date on 
which the Administrator publishes 
a 
proposed 
national 
primary 
drinking water regulation under 
clause (i)(I) and subject to item 
(bb), the Administrator shall take 
final action on the proposed na-
tional primary drinking water 
regulation. 
‘‘(bb) EXTENSION.—The Ad-
ministrator, on publication of no-
tice in the Federal Register, may 
extend the deadline under item 
(aa) by not more than 6 months. 
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‘‘(H) HEALTH ADVISORY.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Administrator shall publish a 
health advisory under paragraph (1)(F) for 
a perfluoroalkyl or polyfluoroalkyl substance 
or class of perfluoroalkyl or polyfluoroalkyl 
substances not subject to a national pri-
mary drinking water regulation not later 
than 1 year after the later of— 
‘‘(I) the date on which the Admin-
istrator finalizes a toxicity value for 
the perfluoroalkyl or polyfluoroalkyl 
substance or class of perfluoroalkyl or 
polyfluoroalkyl substances; and 
‘‘(II) the date on which the Ad-
ministrator validates an effective qual-
ity control and testing procedure for 
the perfluoroalkyl or polyfluoroalkyl 
substance or class of perfluoroalkyl or 
polyfluoroalkyl substances. 
‘‘(ii) 
WAIVER.—The 
Administrator 
may waive the requirements of clause (i) 
with 
respect 
to 
a 
perfluoroalkyl 
or 
polyfluoroalkyl 
substance 
or 
class 
of 
perfluoroalkyl 
and 
polyfluoroalkyl 
sub-
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stances if the Administrator determines that 
there is a substantial likelihood that the 
perfluoroalkyl or polyfluoroalkyl substance 
or class of perfluoroalkyl or polyfluoroalkyl 
substances will not occur in drinking water 
with sufficient frequency to justify the pub-
lication of a health advisory, and publishes 
such determination, including the informa-
tion and analysis used, and basis for, such 
determination, in the Federal Register.’’. 
SEC. 6. MONITORING AND DETECTION. 
(a) MONITORING PROGRAM FOR UNREGULATED CON-
TAMINANTS.— 
(1) IN GENERAL.—The Administrator of the En-
vironmental Protection Agency shall include each sub-
stance described in paragraph (2) in the fifth publica-
tion of the list of unregulated contaminants to be 
monitored under section 1445(a)(2)(B)(i) of the Safe 
Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)). 
(2) SUBSTANCES
DESCRIBED.—The substances 
referred to in paragraph (1) are perfluoroalkyl and 
polyfluoroalkyl 
substances 
and 
classes 
of 
perfluoroalkyl and polyfluoroalkyl substances— 
(A) for which a method to measure the level 
in drinking water has been validated by the Ad-
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ministrator of the Environmental Protection 
Agency; and 
(B) that are not subject to a national pri-
mary drinking water regulation under subpara-
graph (A) or (G)(ii) of paragraph (16) of section 
1412(b) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)). 
(3) 
EXCEPTION.—The 
perfluoroalkyl 
and 
polyfluoroalkyl 
substances 
and 
classes 
of 
perfluoroalkyl and polyfluoroalkyl substances included 
in the list of unregulated contaminants to be mon-
itored under section 1445(a)(2)(B)(i) of the Safe 
Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) 
under paragraph (1) shall not count towards the 
limit of 30 unregulated contaminants to be monitored 
by public water systems under that section. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The Administrator of the En-
vironmental Protection Agency shall— 
(A) require public water systems serving 
more than 10,000 persons to monitor for the sub-
stances described in subsection (a)(2); 
(B) subject to paragraph (2) and the avail-
ability of appropriations, require public water 
systems serving not fewer than 3,300 and not 
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more than 10,000 persons to monitor for the sub-
stances described in subsection (a)(2); and 
(C) subject to paragraph (2) and the avail-
ability of appropriations, ensure that only a rep-
resentative sample of public water systems serv-
ing fewer than 3,300 persons are required to 
monitor for the substances described in sub-
section (a)(2). 
(2) REQUIREMENT.—If the Administrator of the 
Environmental Protection Agency determines that 
there is not sufficient laboratory capacity to carry out 
the monitoring required under subparagraphs (B) 
and (C) of paragraph (1), the Administrator may 
waive the monitoring requirements in those subpara-
graphs. 
(3) FUNDS.—The Administrator of the Environ-
mental Protection Agency shall pay the reasonable 
cost of such testing and laboratory analysis as is nec-
essary to carry out the monitoring required under 
subparagraphs (B) and (C) of paragraph (1) using— 
(A) funds made available pursuant to sub-
section (a)(2)(H) or subsection (j)(5) of section 
1445 of the Safe Drinking Water Act (42 U.S.C. 
300j–4); or 
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(B) any other funds made available for that 
purpose. 
SEC. 7. ENFORCEMENT. 
Notwithstanding any other provision of law, the Ad-
ministrator of the Environmental Protection Agency may 
not impose financial penalties for the violation of a na-
tional primary drinking water regulation (as defined in 
section 1401 of the Safe Drinking Water Act (42 U.S.C. 
300f)) with respect to a perfluoroalkyl or polyfluoroalkyl 
substance or class of perfluoroalkyl or polyfluoroalkyl sub-
stances for which a national primary drinking water regu-
lation has been promulgated under clause (i) or (vi) of sub-
paragraph (D) of section 1412(b)(2) of the Safe Drinking 
Water Act (42 U.S.C. 300g–1(b)(2)) earlier than the date 
that is 5 years after the date on which the Administrator 
promulgates the national primary drinking water regula-
tion. 
SEC. 8. DRINKING WATER STATE REVOLVING FUNDS. 
Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j–12) is amended— 
(1) in subsection (a)(2), by adding at the end the 
following: 
‘‘(G) EMERGING CONTAMINANTS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law and subject to 
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clause (ii), amounts deposited under sub-
section (t) in a State loan fund established 
under this section may only be used to pro-
vide grants for the purpose of addressing 
emerging contaminants, with a focus on 
perfluoroalkyl 
and 
polyfluoroalkyl 
sub-
stances. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) SMALL AND DISADVANTAGED 
COMMUNITIES.—Not less than 25 per-
cent of the amounts described in clause 
(i) shall be used to provide grants to— 
‘‘(aa) disadvantaged commu-
nities (as defined in subsection 
(d)(3)); or 
‘‘(bb) public water systems 
serving fewer than 25,000 persons. 
‘‘(II) PRIORITIES.—In selecting 
the recipient of a grant using amounts 
described in clause (i), a State shall 
use the priorities described in sub-
section (b)(3)(A). 
‘‘(iii) NO
INCREASED
BONDING
AU-
THORITY.—The amounts deposited in the 
State loan fund of a State under subsection 
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(t) may not be used as a source of payment 
of, or security for (directly or indirectly), in 
whole or in part, any obligation the interest 
on which is exempt from the tax imposed 
under chapter 1 of the Internal Revenue 
Code of 1986.’’; 
(2) in subsection (m)(1), in the matter preceding 
subparagraph (A), by striking ‘‘this section’’ and in-
serting ‘‘this section, except for subsections (a)(2)(G) 
and (t)’’; and 
(3) by adding at the end the following: 
‘‘(t) EMERGING CONTAMINANTS.— 
‘‘(1) IN
GENERAL.—Amounts made available 
under this subsection shall be allotted to a State as 
if allotted under subsection (a)(1)(D) as a capitaliza-
tion grant, for deposit into the State loan fund of the 
State, for the purposes described in subsection 
(a)(2)(G). 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $100,000,000 for each of fiscal years 
2020 through 2024, to remain available until ex-
pended.’’. 
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SEC. 9. ADDITIONS TO TOXICS RELEASE INVENTORY. 
(a) DEFINITION OF TOXICS RELEASE INVENTORY.—In 
this section, the term ‘‘toxics release inventory’’ means the 
list of toxic chemicals subject to the requirements of section 
313(c) of the Emergency Planning and Community Right- 
To-Know Act of 1986 (42 U.S.C. 11023(c)). 
(b) IMMEDIATE INCLUSION.— 
(1) IN GENERAL.—Subject to subsection (e), be-
ginning January 1 of the calendar year following the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall deem the fol-
lowing chemicals to be included in the toxics release 
inventory: 
(A) Perfluorooctanoic acid (commonly re-
ferred to as ‘‘PFOA’’) (Chemical Abstracts Serv-
ice No. 335–67–1). 
(B) The salts associated with the chemical 
described in subparagraph (A) (Chemical Ab-
stracts Service Nos. 3825–26–1, 335–95–5, and 
68141–02–6). 
(C) Perfluorooctane sulfonic acid (com-
monly referred to as ‘‘PFOS’’) (Chemical Ab-
stracts Service No. 1763–23–1). 
(D) The salts associated with the chemical 
described in subparagraph (C) (Chemical Ab-
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stracts Service Nos. 2795–39–3, 29457–72–5, 
56773–42–3, 29081–56–9, and 70225–14–8). 
(E) A perfluoroalkyl or polyfluoroalkyl sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances that is— 
(i) listed as an active chemical sub-
stance in the February 2019 update to the 
inventory under section 8(b)(1) of the Toxic 
Substances 
Control 
Act 
(15 
U.S.C. 
2607(b)(1)); and 
(ii) on the date of enactment of this 
Act, subject to the provisions of— 
(I) section 721.9582 of title 40, 
Code of Federal Regulations; or 
(II) section 721.10536 of title 40, 
Code of Federal Regulations. 
(F) Hexafluoropropylene oxide dimer acid 
(commonly referred to as ‘‘GenX’’) (Chemical 
Abstracts Service No. 13252–13–6). 
(G) The compound associated with the 
chemical described in subparagraph (F) identi-
fied by Chemical Abstracts Service No. 62037– 
80–3. 
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(H) Perfluorononanoic acid (commonly re-
ferred to as ‘‘PFNA’’) (Chemical Abstracts Serv-
ice No. 375–95–1). 
(I) Perfluorohexanesulfonic acid (commonly 
referred to as ‘‘PFHxS’’) (Chemical Abstracts 
Service No. 355–46–4). 
(2) THRESHOLD FOR REPORTING.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the threshold for reporting the chemicals de-
scribed in paragraph (1) under section 313 of 
the Emergency Planning and Community Right- 
To-Know Act of 1986 (42 U.S.C. 11023) is 100 
pounds. 
(B) REVISIONS.—Not later than 5 years 
after the date of enactment of this Act, the Ad-
ministrator of the Environmental Protection 
Agency shall— 
(i) determine whether revision of the 
threshold under subparagraph (A) is war-
ranted for any chemical described in para-
graph (1); and 
(ii) if the Administrator determines a 
revision to be warranted under clause (i), 
initiate a revision under section 313(f)(2) of 
the Emergency Planning and Community 
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Right-To-Know Act of 1986 (42 U.S.C. 
11023(f)(2)). 
(c) INCLUSION FOLLOWING ASSESSMENT.— 
(1) IN GENERAL.— 
(A) DATE OF INCLUSION.—Subject to sub-
section (e), notwithstanding section 313 of the 
Emergency Planning and Community Right-To- 
Know Act of 1986, the Administrator of the En-
vironmental Protection Agency shall deem a 
perfluoroalkyl or polyfluoroalkyl substance or 
class of perfluoroalkyl or polyfluoroalkyl sub-
stances not described in subsection (b)(1) to be 
included in the toxics release inventory begin-
ning January 1 of the calendar year after any 
of the following dates: 
(i) FINAL TOXICITY VALUE.—The date 
on which the Administrator finalizes a tox-
icity 
value 
for 
the 
perfluoroalkyl 
or 
polyfluoroalkyl 
substance 
or 
class 
of 
perfluoroalkyl or polyfluoroalkyl substances. 
(ii) SIGNIFICANT NEW USE RULE.—The 
date on which the Administrator makes a 
covered determination for the perfluoroalkyl 
or polyfluoroalkyl substance or class of 
perfluoroalkyl or polyfluoroalkyl substances. 
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5(a)(2) of the Toxic Substances Control Act that 
a use of a perfluoroalkyl or polyfluoroalkyl sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances is a significant new 
use (except such a determination made in con-
nection with a determination described in sec-
tion 5(a)(3)(B) or section 5(a)(3)(C) of such 
Act). 
(2) THRESHOLD FOR REPORTING.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), notwithstanding subsection (f)(1) of section 
313 of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11023), 
the threshold for reporting under such section 
313 the substances and classes of substances in-
cluded in the toxics release inventory under 
paragraph (1) is 100 pounds. 
(B) REVISIONS.—Not later than 5 years 
after the date on which a perfluoroalkyl or 
polyfluoroalkyl 
substance 
or 
class 
of 
perfluoroalkyl or polyfluoroalkyl substances is 
included in the toxics release inventory under 
paragraph (1), the Administrator of the Envi-
ronmental Protection Agency shall— 
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(i) determine whether revision of the 
threshold under subparagraph (A) is war-
ranted for the substance or class of sub-
stances; and 
(ii) if the Administrator determines a 
revision to be warranted under clause (i), 
initiate a revision under section 313(f)(2) of 
the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 
11023(f)(2)). 
(d) INCLUSION FOLLOWING DETERMINATION.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
of the Environmental Protection Agency shall deter-
mine whether the substances and classes of substances 
described in paragraph (2) meet any one of the cri-
teria described in section 313(d)(2) of the Emergency 
Planning and Community Right-To-Know Act of 
1986 (42 U.S.C. 11023(d)(2)) for inclusion in the 
toxics release inventory. 
(2) SUBSTANCES
DESCRIBED.—The substances 
and classes of substances referred to in paragraph (1) 
are perfluoroalkyl and polyfluoroalkyl substances and 
classes of perfluoroalkyl and polyfluoroalkyl sub-
stances not described in subsection (b)(1), including— 
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(A) 
perfluoro[(2-pentafluoroethoxy- 
ethoxy)acetic acid] ammonium salt (Chemical 
Abstracts Service No. 908020–52–0); 
(B) 
2,3,3,3-tetrafluoro 
2–(1,1,2,3,3,3- 
hexafluoro)–2–(trifluoromethoxy) propanoyl fluo-
ride (Chemical Abstracts Service No. 2479–75– 
6); 
(C) 
2,3,3,3-tetrafluoro 
2–(1,1,2,3,3,3- 
hexafluoro)–2–(trifluoromethoxy) propionic acid 
(Chemical Abstracts Service No. 2479–73–4); 
(D) 
3H-perfluoro-3-[(3-methoxy-propoxy) 
propanoic acid] (Chemical Abstracts Service No. 
919005–14–4); 
(E) the salts associated with the chemical 
described in subparagraph (D) (Chemical Ab-
stracts Service Nos. 958445–44–8, 1087271–46– 
2, and NOCAS 892452); 
(F) 
1-octanesulfonic 
acid 
3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt 
(Chemical Abstracts Service No. 59587–38–1); 
(G) perfluorobutanesulfonic acid (Chemical 
Abstracts Service No. 375–73–5); 
(H) 1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4- 
nonafluoro-potassium salt (Chemical Abstracts 
Service No. 29420–49–3); 
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(I) the component associated with the chem-
ical described in subparagraph (H) (Chemical 
Abstracts Service No. 45187–15–3); 
(J) heptafluorobutyric acid (Chemical Ab-
stracts Service No. 375–22–4); 
(K) perfluorohexanoic acid (Chemical Ab-
stracts Service No. 307–24–4); 
(L) the compound associated with the chem-
ical described in subsection (b)(1)(F) identified 
by Chemical Abstracts Service No. 2062–98–8; 
(M) perfluoroheptanoic acid (commonly re-
ferred to as ‘‘PFHpA’’) (Chemical Abstracts 
Service No. 375–85–9); 
(N) each perfluoroalkyl or polyfluoroalkyl 
substance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances for which a method to 
measure levels in drinking water has been vali-
dated by the Administrator; and 
(O) a perfluoroalkyl and polyfluoroalkyl 
substance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances other than the chemi-
cals described in subparagraphs (A) through (N) 
that is used to manufacture fluorinated poly-
mers, as determined by the Administrator. 
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(3) ADDITION TO TOXICS RELEASE INVENTORY.— 
Subject to subsection (e), if the Administrator deter-
mines under paragraph (1) that a substance or a 
class of substances described in paragraph (2) meets 
any one of the criteria described in section 313(d)(2) 
of the Emergency Planning and Community Right- 
To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the 
Administrator shall revise the toxics release inventory 
in accordance with such section 313(d) to include that 
substance or class of substances not later than 2 years 
after the date on which the Administrator makes the 
determination. 
(e) CONFIDENTIAL BUSINESS INFORMATION.— 
(1) IN
GENERAL.—Prior to including on the 
toxics release inventory pursuant to subsection (b)(1), 
(c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl 
substance or class of perfluoroalkyl or polyfluoroalkyl 
substances the chemical identity of which is subject to 
a claim of a person of protection from disclosure 
under subsection (a) of section 552 of title 5, United 
States Code, pursuant to subsection (b)(4) of that sec-
tion, the Administrator of the Environmental Protec-
tion Agency shall— 
(A) review any such claim of protection 
from disclosure; and 
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(B) require that person to reassert and sub-
stantiate or resubstantiate that claim in accord-
ance with section 14(f) of the Toxic Substances 
Control Act (15 U.S.C. 2613(f)). 
(2) NONDISCLOSURE OF PROTECTION INFORMA-
TION.—If the Administrator determines that the 
chemical 
identity 
of 
a 
perfluoroalkyl 
or 
polyfluoroalkyl substance or class of perfluoroalkyl or 
polyfluoroalkyl substances qualifies for protection 
from disclosure pursuant to paragraph (1), the Ad-
ministrator shall include the substance or class of sub-
stances, as applicable, on the toxics release inventory 
in a manner that does not disclose the protected infor-
mation. 
(f) EMERGENCY PLANNING AND COMMUNITY RIGHT- 
TO-KNOW ACT OF 1986.—Section 313(c) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11023(c)) is amended— 
(1) by striking the period at the end and insert-
ing ‘‘; and’’; 
(2) by striking ‘‘are those chemicals’’ and insert-
ing the following: ‘‘are— 
‘‘(1) the chemicals’’; and 
(3) by adding at the end the following: 
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‘‘(2) the chemicals included on such list under 
subsections (b)(1), (c)(1), and (d)(3) of section 9 of 
the PFAS Action Act of 2019.’’. 
SEC. 10. PFAS DATA CALL. 
Section 8(a) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)) is amended by adding at the end the fol-
lowing: 
‘‘(7) PFAS DATA.—Not later than January 1, 
2023, the Administrator shall promulgate a rule in 
accordance with this subsection requiring each person 
who has manufactured a chemical substance that is a 
perfluoroalkyl or polyfluoroalkyl substance in any 
year since January 1, 2011, to submit to the Admin-
istrator a report that includes, for each year since 
January 1, 2011, the information described in sub-
paragraphs (A) through (G) of paragraph (2).’’. 
SEC. 11. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN 
PFAS. 
Not later than June 22, 2020, the Administrator of 
the Environmental Protection Agency shall take final ac-
tion 
on 
the 
proposed 
rule 
entitled 
‘‘Long-Chain 
Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate 
Chemical Substances; Significant New Use Rule’’ (80 Fed. 
Reg. 2885 (January 21, 2015)). 
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SEC. 12. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall publish interim guidance 
on the destruction and disposal of perfluoroalkyl and 
polyfluoroalkyl 
substances 
and 
materials 
containing 
perfluoroalkyl and polyfluoroalkyl substances, including— 
(1) soil and biosolids; 
(2) textiles treated with perfluoroalkyl and 
polyfluoroalkyl substances; 
(3) spent filters, membranes, resins, granular 
carbon, and other waste from water treatment; 
(4) landfill leachate containing perfluoroalkyl 
and polyfluoroalkyl substances; and 
(5) solid, liquid, or gas waste streams containing 
perfluoroalkyl and polyfluoroalkyl substances from fa-
cilities manufacturing or using perfluoroalkyl and 
polyfluoroalkyl substances. 
(b) CONSIDERATIONS; INCLUSIONS.—The interim 
guidance under subsection (a) shall— 
(1) take into consideration— 
(A) 
the 
potential 
for 
releases 
of 
perfluoroalkyl and polyfluoroalkyl substances 
during 
destruction 
or 
disposal, 
including 
through volatilization, air dispersion, or leach-
ate; and 
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(B) potentially vulnerable populations liv-
ing near likely destruction or disposal sites; and 
(2) provide guidance on testing and monitoring 
air, effluent, and soil near potential destruction or 
disposal sites for releases described in paragraph 
(1)(A). 
(c) REVISIONS.—The Administrator shall publish revi-
sions to the interim guidance under subsection (a) as the 
Administrator determines to be appropriate, but not less 
frequently than once every 3 years. 
SEC. 13. ESTABLISHMENT OF PFAS INFRASTRUCTURE 
GRANT PROGRAM. 
Part E of the Safe Drinking Water Act (42 U.S.C. 300j 
et seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS-
TEMS AFFECTED BY PFAS. 
‘‘(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this section, the Administrator 
shall establish a program to award grants to affected com-
munity water systems to pay for capital costs associated 
with the implementation of eligible treatment technologies. 
‘‘(b) APPLICATIONS.— 
‘‘(1) GUIDANCE.—Not later than 12 months after 
the date of enactment of this section, the Adminis-
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trator shall publish guidance describing the form and 
timing for community water systems to apply for 
grants under this section. 
‘‘(2) REQUIRED
INFORMATION.—The Adminis-
trator shall require a community water system apply-
ing for a grant under this section to submit— 
‘‘(A) information showing the presence of 
PFAS in water of the community water system; 
and 
‘‘(B) a certification that the treatment tech-
nology in use by the community water system at 
the time of application is not sufficient to re-
move all detectable amounts of PFAS. 
‘‘(c) 
LIST
OF
ELIGIBLE
TREATMENT
TECH-
NOLOGIES.—Not later than 150 days after the date of enact-
ment of this section, and every two years thereafter, the Ad-
ministrator shall publish a list of treatment technologies 
that the Administrator determines are effective at removing 
all detectable amounts of PFAS from drinking water. 
‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 
under this section, the Administrator shall prioritize af-
fected community water systems that— 
‘‘(1) serve a disadvantaged community; 
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‘‘(2) will provide at least a 10-percent cost share 
for the cost of implementing an eligible treatment 
technology; or 
‘‘(3) demonstrate the capacity to maintain the 
eligible treatment technology to be implemented using 
the grant. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section not 
more than $100,000,000 for each of fiscal years 2020 
through 2021. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 
The term ‘affected community water system’ means a 
community water system that is affected by the pres-
ence of PFAS in the water in the community water 
system. 
‘‘(2) DISADVANTAGED
COMMUNITY.—The term 
‘disadvantaged community’ has the meaning given 
that term in section 1452. 
‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.—The 
term ‘eligible treatment technology’ means a treat-
ment technology included on the list published under 
subsection (c). 
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‘‘(4) 
PFAS.—The 
term 
‘PFAS’ 
means 
a 
perfluoroalkyl or polyfluoroalkyl substance with at 
least one fully fluorinated carbon atom.’’. 
SEC. 14. COOPERATIVE AGREEMENTS WITH STATES FOR RE-
MOVAL AND REMEDIAL ACTIONS TO ADDRESS 
DRINKING, SURFACE, AND GROUND WATER 
AND SOIL CONTAMINATION FROM PFAS. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL FACILITY.— 
(A) IN GENERAL.—The term ‘‘Federal facil-
ity’’ means a facility (as defined in section 101 
of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9601)) that is owned or operated by the 
Federal Government. 
(B) INCLUSION.—The term ‘‘Federal facil-
ity’’ includes— 
(i) a facility or site— 
(I) owned by, leased to, or other-
wise possessed by the United States; or 
(II) under the jurisdiction of the 
Secretary of Defense; 
(ii) a facility or site that, at the time 
of the actions leading to contamination or 
suspected contamination of drinking water, 
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surface water, or groundwater or land sur-
face 
or 
subsurface 
strata 
from 
a 
perfluorinated compound, was— 
(I) owned by, leased to, or other-
wise possessed by the United States; or 
(II) under the jurisdiction of the 
Secretary of Defense; and 
(iii) land owned and operated by a 
State when the land is used for training the 
National Guard pursuant to chapter 5 of 
title 32, United States Code, with funds 
provided by the Secretary of Defense or the 
Secretary of a military department, even 
though that land is not under the jurisdic-
tion of the Secretary of Defense. 
(2) FULLY
FLUORINATED
CARBON
ATOM.—The 
term ‘‘fully fluorinated carbon atom’’ means a carbon 
atom on which all the hydrogen substituents have 
been replaced by fluorine. 
(3) PERFLUORINATED
COMPOUND.—The term 
‘‘perfluorinated compound’’ means a perfluoroalkyl 
substance or a polyfluoroalkyl substance (or ‘‘PFAS’’) 
that is manmade with at least 1 fully fluorinated car-
bon atom. 
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(4) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 101 of the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (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 work expeditiously to finalize a coopera-
tive agreement for, or to amend an existing coopera-
tive agreement to address, testing, monitoring, re-
moval, and remedial actions to address contamina-
tion or suspected contamination of drinking water, 
surface water, or groundwater or land surface or sub-
surface strata from a perfluorinated compound origi-
nating from a Federal facility. 
(2) MINIMUM STANDARDS.—A cooperative agree-
ment finalized or amended under paragraph (1) shall 
require the area subject to the cooperative agreement 
to meet or exceed the most stringent of the following 
standards for perfluorinated compounds in any envi-
ronmental media: 
(A) An enforceable State standard, in effect 
in that State, for drinking water, surface water, 
or groundwater or land surface or subsurface 
strata, as required under section 121(d) of the 
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Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
9621(d)). 
(B) A health advisory under 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, cri-
terion, or limit, including a standard, require-
ment, criterion, or limit issued under— 
(i) the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.); 
(ii) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(iii) the Clean Air Act (42 U.S.C. 7401 
et seq.); 
(iv) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(v) the Marine Protection, Research, 
and Sanctuaries Act of 1972 (commonly 
known as the ‘‘Ocean Dumping Act’’) (33 
U.S.C. 1401 et seq.); or 
(vi) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(3) OTHER AUTHORITY.—In addition to the re-
quirements for a cooperative agreement under para-
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graph (1), when otherwise authorized to expend funds 
for the purpose of addressing ground or surface water 
contaminated by a perfluorinated compound, the head 
of a Federal department or agency may, to expend 
those funds, enter into a grant agreement, cooperative 
agreement, or contract with— 
(A) the local water authority with jurisdic-
tion over the contamination site, including— 
(i) a public water system (as defined 
in section 1401 of the Safe Drinking Water 
Act (42 U.S.C. 300f)); and 
(ii) a publicly owned treatment works 
(as defined in section 212 of the Federal 
Water Pollution Control Act (33 U.S.C. 
1292)); or 
(B) a State, local, or Tribal government. 
(c) NOTIFICATION REQUIREMENT.— 
(1) DEFINITION
OF
APPROPRIATE
CONGRES-
SIONAL COMMITTEES.—In this subsection, the term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Environment and 
Public Works of the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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(C) the Committee on Energy and Com-
merce of the House of Representatives; and 
(D) the Committee on Oversight and Re-
form of the House of Representatives. 
(2) REPORT.— 
(A) IN GENERAL.—If a cooperative agree-
ment is not finalized or amended under sub-
section (b) by the date that is 1 year after the 
date on which a request by the Governor or chief 
executive of a State was made, the President 
shall submit a report described in subparagraph 
(B) to— 
(i) the appropriate congressional com-
mittees; 
(ii) each Senator from the State af-
fected by the perfluorinated compound con-
tamination; and 
(iii) each member of Congress that rep-
resents 
a 
district 
affected 
by 
the 
perfluorinated compound contamination. 
(B) REPORT
DESCRIBED.—The report re-
ferred to in subparagraph (A) shall include— 
(i) a detailed explanation of why a co-
operative agreement has not been finalized 
or amended, as applicable; and 
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(ii) a projected timeline for finalizing 
or amending a cooperative agreement, as 
applicable. 
SEC. 
15. 
LISTING 
OF 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCES AS HAZ-
ARDOUS AIR POLLUTANTS. 
(a) LISTING.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall issue a final rule adding 
as a class all perfluoroalkyl and polyfluoroalkyl substances 
with at least one fully fluorinated carbon atom to the list 
of hazardous air pollutants under section 112(b) of the 
Clean Air Act (42 U.S.C. 7412(b)). 
(b) SOURCES CATEGORIES.—Not later than 365 days 
after the final rule is issued pursuant to subsection (a), the 
Administrator of the Environmental Protection Agency 
shall revise the list under section 112(c)(1) of the Clean Air 
Act (42 U.S.C. 7412(c)(1)) to include categories and subcat-
egories of major sources and area sources of perfluoroalkyl 
and polyfluoroalkyl substances listed pursuant to such final 
rule. 
SEC. 16. PROHIBITION ON WASTE INCINERATION OF PFAS. 
Section 3004 of the Solid Waste Disposal Act (42 
U.S.C. 6924) is amended by adding at the end the following 
new subsection: 
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‘‘(z) PFAS WASTES.— 
‘‘(1) FIREFIGHTING
FOAM.—Not later than 6 
months after the date of enactment of this subsection, 
the Administrator shall promulgate regulations re-
quiring 
that 
when 
materials 
containing 
perfluoroalkyl and polyfluoroalkyl substances or aque-
ous film forming foam are disposed— 
‘‘(A) all incineration is conducted in a 
manner that eliminates perfluoroalkyl and 
polyfluoroalkyl substances while also minimizing 
perfluoroalkyl and polyfluoroalkyl substances 
emitted into the air to the extent feasible; 
‘‘(B) all incineration is conducted in ac-
cordance with the requirements of the Clean Air 
Act, including controlling hydrogen fluoride; 
‘‘(C) 
any 
materials 
containing 
perfluoroalkyl and polyfluoroalkyl substances 
that are designated for disposal are stored in ac-
cordance with the requirement under part 264 of 
title 40, Code of Federal Regulations; and 
‘‘(D) all incineration is conducted at a fa-
cility that has been permitted to receive waste 
regulated under this subtitle. 
‘‘(2) 
PENALTIES.—For 
purposes 
of 
section 
3008(d), a waste subject to a prohibition under this 
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subsection shall be considered a hazardous waste iden-
tified or listed under this subtitle.’’. 
SEC. 17. LABEL FOR POTS, PANS, AND COOKING UTENSILS. 
(a) LABEL FOR POTS, PANS, AND COOKING UTEN-
SILS.—Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Environmental Protec-
tion Agency shall— 
(1) revise the Safer Choice Standard of the Safer 
Choice Program to identify the requirements for a 
pot, pan, or cooking utensil to meet in order to be la-
beled with a Safer Choice label, including a require-
ment that any such pot, pan, or cooking utensil does 
not contain any PFAS; or 
(2) establish voluntary label available to be used 
by any manufacturer of any pot, pan, or cooking 
utensil that the Administrator has reviewed and 
found does not contain any PFAS. 
(b) DEFINITION.—In this section, the term ‘‘PFAS’’ 
means a perfluoroalkyl or polyfluoroalkyl substance with at 
least one fully fluorinated carbon atom. 
SEC. 18. GUIDANCE ON MINIMIZING THE USE OF FIRE-
FIGHTING 
FOAM 
AND 
OTHER 
RELATED 
EQUIPMENT CONTAINING ANY PFAS. 
(a) GUIDANCE.—Not later than one year after the date 
of enactment of this Act, the Administrator of the Environ-
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mental Protection Agency, in consultation with the head of 
the U.S. Fire Administration and other relevant Federal 
departments or agencies, shall issue guidance on mini-
mizing the use of firefighting foam and other related equip-
ment containing any PFAS by firefighters, police officers, 
paramedics, emergency medical technicians, and other first 
responders, in order to minimize the risk to such fire-
fighters, police officers, paramedics, emergency medical 
technicians, and other first responders, and the environ-
ment, without jeopardizing firefighting efforts. 
(b) DEFINITION.—In this section, the term ‘‘PFAS’’ 
means perfluorooctanoic acid, perfluorooctanesulfonic acid, 
and any other perfluoroalkyl or polyfluoroalkyl substance 
with at least one fully fluorinated carbon atom that the Ad-
ministrator of the Environmental Protection Agency deter-
mines is used in firefighting foam. 
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Union Calendar No. 289 
116TH CONGRESS 
1ST SESSION 
H. R. 535 
[Report No. 116–364, Part I] 
A BILL 
To require the Administrator of the Environmental 
Protection 
Agency 
to 
designate 
per- 
and 
polyfluoroalkyl substances as hazardous sub-
stances under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980. 
JANUARY 2, 2020 
Reported from the Committee on Energy and Commerce 
with an amendment 
JANUARY 2, 2020 
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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