116TH CONGRESS 
2D SESSION 
H. R. 535 
AN ACT 
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. 
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.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Designation as hazardous substances. 
Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances. 
Sec. 4. Manufacturing 
and 
processing 
notices 
for 
perfluoroalkyl 
and 
polyfluoroalkyl substances. 
Sec. 5. National primary drinking water regulations for PFAS. 
Sec. 6. Enforcement. 
Sec. 7. Establishment of PFAS infrastructure grant program. 
Sec. 8. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air 
pollutants. 
Sec. 9. Prohibition on unsafe waste incineration of PFAS. 
Sec. 10. Label for PFAS-free products. 
Sec. 11. Guidance on minimizing the use of firefighting foam and other related 
equipment containing any PFAS. 
Sec. 12. Investigation of prevention of contamination by GenX. 
Sec. 13. Disclosure of introductions of PFAS. 
Sec. 14. Household well water testing website. 
Sec. 15. Risk-communication strategy. 
Sec. 16. Assistance to Territories for addressing emerging contaminants, with 
a focus on perfluoroalkyl and polyfluoroalkyl substances. 
Sec. 17. Clean Water Act effluent standards, pretreatment standards, and 
water quality criteria for 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 
Environmental 
Protection 
Agency 
shall 
designate 
perfluorooctanoic 
acid 
and 
its 
salts, 
and 
perfluoroactanesulfonic acid and its salts, as hazardous 
substances under section 102(a) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9602(a)).
(b) DEADLINE
FOR
ADDITIONAL
DETERMINA-
TIONS.—Not later than 5 years after the date of enact-
ment 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 
designated pursuant to subsection (a), as hazardous sub-
stances under section 102(a) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9602(a)) individually or in groups. 
(c) AIRPORT SPONSORS.— 
(1) IN
GENERAL.—No sponsor, including a 
sponsor of the civilian portion of a joint-use airport 
or a shared-use airport (as such terms are defined 
in section 139.5 of title 14, Code of Federal Regula-
tions (or a successor regulation)), shall be liable 
under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.) for the costs of responding to, or dam-
ages resulting from, a release to the environment of 
a perfluoroalkyl or polyfluoroalkyl substance des-
ignated as a hazardous substance under section 
102(a) of such Act that resulted from the use of 
aqueous film forming foam agent, if such use was—
(A) required by the Federal Aviation Ad-
ministration for compliance with part 139 of 
title 14, Code of Federal Regulations; and 
(B) carried out in accordance with Federal 
Aviation Administration standards and guid-
ance on the use of such substance. 
(2) SPONSOR DEFINED.—In this subsection, the 
term ‘‘sponsor’’ has the meaning given such term in 
section 47102 of title 49, United States Code. 
(d) PUBLIC AVAILABILITY.—Not later than 60 days 
after making a determination under subsection (b), the 
Administrator of the Environmental Protection Agency 
shall make the results of such determination publicly avail-
able on the website of the Environmental Protection Agen-
cy. 
(e) REVIEW.— 
(1) IN GENERAL.—Not later than 5 years after 
the date of the enactment of this Act, the Adminis-
trator of the Environmental Protection Agency shall 
submit to the appropriate congressional committees 
a report containing a review of actions by the Envi-
ronmental Protection Agency to clean up contamina-
tion of the substances designated pursuant to sub-
section (a).
(2) MATTERS INCLUDED.— The report under 
paragraph (1) shall include an assessment of clean-
up progress and effectiveness, including the fol-
lowing: 
(A) The number of sites where the Envi-
ronmental Protection Agency has acted to re-
mediate contamination of the substances des-
ignated pursuant to subsection (a). 
(B) Which types of chemicals relating to 
such substances were present at each site and 
the extent to which each site was contaminated. 
(C) An analysis of discrepancies in cleanup 
between Federal and non-Federal contamina-
tion sites. 
(D) Any other elements the Administrator 
may determine necessary. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means the fol-
lowing: 
(A) The Committee on Energy and Com-
merce of the House of Representatives. 
(B) The Committee on the Environment 
and Public Works of the Senate.
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. 
‘‘(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 Admin-
istrator 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 
‘‘(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 
following: 
‘‘(i) PERFLUOROALKYL
AND
POLYFLUOROALKYL 
SUBSTANCES.— 
‘‘(1) TESTING REQUIREMENT RULE.— 
‘‘(A) PROTOCOLS AND METHODOLOGIES.— 
In determining the protocols and methodologies 
to be included pursuant to subsection (b)(1) in 
a rule under subsection (a)(5), the Adminis-
trator shall allow for protocols and methodolo-
gies that test chemical substances that are 
perfluoroalkyl and polyfluoroalkyl substances as 
a class. 
‘‘(B) PERIOD.—In determining the period 
to be included pursuant to subsection (b)(1) in 
a rule under subsection (a)(5), the Adminis-
trator shall ensure that the period is as short 
as possible while allowing for completion of the 
required testing. 
‘‘(2) EXEMPTIONS.—In carrying out subsection 
(c) with respect to a chemical substance that is a
perfluoroalkyl or polyfluoroalkyl substance, the Ad-
ministrator— 
‘‘(A) may only determine under subsection 
(c)(2) that information would be duplicative if 
the chemical substance with respect to which 
the application for exemption is submitted is in 
the same category, as established under sub-
section (a)(5)(B)(i), as a chemical substance for 
which information has been submitted to the 
Administrator in accordance with a rule, order, 
or consent agreement under subsection (a) or 
for which information is being developed pursu-
ant to such a rule, order, or consent agreement; 
and 
‘‘(B) shall publish a list of all such chem-
ical substances for which an exemption under 
subsection (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 
SUBSTANCES.— 
‘‘(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 submitted under subsection (a) shall be 
deemed to have been determined by the Adminis-
trator to present an unreasonable risk of injury to 
health or the environment under paragraph (3)(A) 
of such subsection. 
‘‘(2) 
ORDER.—Notwithstanding 
subsection 
(a)(3)(A), for a chemical substance described in 
paragraph (1) of this subsection, the Administrator 
shall issue an order under subsection (f)(3) to pro-
hibit the manufacture, processing, and distribution 
in commerce 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 
following: 
‘‘(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’). 
‘‘(B) ALTERNATIVE PROCEDURES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the validation by the Adminis-
trator of an equally effective quality con-
trol and testing procedure to ensure com-
pliance with the national primary drinking 
water regulation promulgated under sub-
paragraph (A) to measure the levels de-
scribed in clause (ii) or other methods to 
detect and monitor perfluoroalkyl and 
polyfluoroalkyl 
substances 
in 
drinking 
water, the Administrator shall add the pro-
cedure or method as an alternative to the 
quality control and testing procedure de-
scribed in such national primary drinking 
water regulation by publishing the proce-
dure or method in the Federal 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 
‘‘(III) the total levels of organic 
fluorine. 
‘‘(C) 
INCLUSIONS.—The 
Administrator 
may include a perfluoroalkyl or polyfluoroalkyl 
substance 
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 
subparagraph (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 contami-
nant level (as defined in section 1418(b)(2)(B)) 
for the perfluoroalkyl or polyfluoroalkyl sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances subject to the na-
tional 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 
described in section 1458. 
‘‘(F) HEALTH RISK REDUCTION AND COST 
ANALYSIS.—In meeting the requirements of 
paragraph (3)(C), the Administrator may rely 
on information available to the Administrator 
with 
respect 
to 
one 
or 
more 
specific 
perfluoroalkyl or polyfluoroalkyl substances to 
extrapolate reasoned 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 
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 
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 REG-
ULATIONS.— 
‘‘(I) IN
GENERAL.—For each 
perfluoroalkyl or polyfluoroalkyl sub-
stance or class of perfluoroalkyl or 
polyfluoroalkyl substances that the 
Administrator 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 
‘‘(bb) may publish the pro-
posed national primary drinking 
water regulation described in 
item (aa) concurrently with the
publication of the determination 
to regulate 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 pub-
lishes a proposed national pri-
mary drinking water regulation 
under clause (i)(I) and subject to 
item 
(bb), 
the 
Administrator 
shall take final action on the pro-
posed national primary drinking 
water regulation. 
‘‘(bb) 
EXTENSION.—The 
Administrator, on publication of 
notice in the Federal Register, 
may extend the deadline under 
item (aa) by not more than 6 
months. 
‘‘(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 sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances not subject to a 
national primary drinking water regulation 
not later than 1 year after the later of— 
‘‘(I) the date on which the Ad-
ministrator finalizes a toxicity value 
for 
the 
perfluoroalkyl 
or 
polyfluoroalkyl substance or class of 
perfluoroalkyl or polyfluoroalkyl sub-
stances; 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-
stances if the Administrator determines 
that there is a substantial likelihood that
the perfluoroalkyl or polyfluoroalkyl sub-
stance 
or 
class 
of 
perfluoroalkyl 
or 
polyfluoroalkyl substances will not occur in 
drinking water with sufficient frequency to 
justify the publication of a health advisory, 
and publishes such determination, includ-
ing the information and analysis used, and 
basis for, such determination, in the Fed-
eral Register.’’. 
SEC. 6. 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 section 1412(b)(16) of 
the Safe Drinking Water Act earlier than the date that 
is 5 years after the date on which the Administrator pro-
mulgates the national primary drinking water regulation.
SEC. 
7. 
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 fol-
lowing 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 Adminis-
trator shall establish a program to award grants to af-
fected community 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 Ad-
ministrator 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 ap-
plying 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 
technology in use by the community water sys-
tem at the time of application is not sufficient 
to remove all detectable amounts of PFAS. 
‘‘(c) 
LIST
OF
ELIGIBLE
TREATMENT
TECH-
NOLOGIES.—Not later than 150 days after the date of en-
actment of this section, and every 2 years thereafter, the 
Administrator shall publish a list of treatment tech-
nologies that the Administrator, after providing an oppor-
tunity for public comment, determines are effective at re-
moving 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 or a dis-
proportionately exposed community; 
‘‘(2) will provide at least a 10-percent cost 
share for the cost of implementing an eligible treat-
ment technology; or 
‘‘(3) demonstrate the capacity to maintain the 
eligible treatment technology to be implemented 
using the grant. 
‘‘(e) NO
INCREASED
BONDING
AUTHORITY.— 
Amounts awarded to affected community water systems
under this section 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. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section not more 
than— 
‘‘(A) $125,000,000 for each of fiscal years 
2020 and 2021; and 
‘‘(B) $100,000,000 for each of fiscal years 
2022 through 2024. 
‘‘(2) SPECIAL RULE.—Of the amounts author-
ized 
to 
be 
appropriated 
by 
paragraph 
(1), 
$25,000,000 are authorized to be appropriated for 
each of fiscal years 2020 and 2021 for grants under 
subsection (a) to pay for capital costs associated 
with the implementation of eligible treatment tech-
nologies during the period beginning on October 1, 
2014, and ending on the date of enactment of this 
section. 
‘‘(g) 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 
presence 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) DISPROPORTIONATELY EXPOSED COMMU-
NITY.—The term ‘disproportionately exposed com-
munity’ means a community in which climate 
change, pollution, or environmental destruction have 
exacerbated systemic racial, regional, social, environ-
mental, and economic injustices by disproportion-
ately affecting indigenous peoples, communities of 
color, migrant communities, deindustrialized commu-
nities, depopulated rural communities, the poor, low- 
income workers, women, the elderly, the unhoused, 
people with disabilities, or youth. 
‘‘(4) ELIGIBLE
TREATMENT
TECHNOLOGY.— 
The term ‘eligible treatment technology’ means a 
treatment technology included on the list published 
under subsection (c). 
‘‘(5) PFAS.—The term ‘PFAS’ means a 
perfluoroalkyl or polyfluoroalkyl substance with at 
least one fully fluorinated carbon atom, including the 
chemical GenX.’’.
Air Act (42 U.S.C. 7412(c)(1)) to include categories and 
subcategories of major sources and area sources of 
perfluoroalkyl and polyfluoroalkyl substances listed pursu-
ant to such final rule. 
SEC. 9. PROHIBITION ON UNSAFE 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 fol-
lowing new subsection: 
‘‘(z) PFAS WASTES.— 
‘‘(1) FIREFIGHTING FOAM.—Not later than 6 
months after the date of enactment of this sub-
section, the Administrator shall promulgate regula-
tions requiring that when materials containing 
perfluoroalkyl and polyfluoroalkyl substances or 
aqueous 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 
accordance 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 
subsection shall be considered a hazardous waste 
identified or listed under this subtitle.’’. 
SEC. 10. LABEL FOR PFAS-FREE PRODUCTS. 
(a) LABEL FOR PFAS-FREE PRODUCTS.—Not later 
than 1 year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency 
shall— 
(1) revise the Safer Choice Standard of the 
Safer Choice Program to identify the requirements 
for a pot, pan, cooking utensil, carpet, or rug, cloth-
ing, or upholstered furniture, or a stain resistant, 
water resistant, or grease resistant coating not sub-
ject to requirements under section 409 of the Fed-
eral Food, Drug, and Cosmetic Act to meet in order
to be labeled with a Safer Choice label, including a 
requirement that any such pot, pan, cooking utensil, 
carpet, rug, clothing, or upholstered furniture, or 
stain resistant, water resistant, or grease resistant 
coating does not contain any PFAS; or 
(2) establish a voluntary label that is available 
to be used by any manufacturer of any pot, pan, 
cooking utensil, carpet, rug, clothing, or upholstered 
furniture, or stain resistant, water resistant, or 
grease resistant coating not subject to requirements 
under section 409 of the Federal Food, Drug, and 
Cosmetic Act 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. 11. GUIDANCE ON MINIMIZING THE USE OF FIRE-
FIGHTING 
FOAM 
AND 
OTHER 
RELATED 
EQUIPMENT CONTAINING ANY PFAS. 
(a) GUIDANCE.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency, in consultation with the 
head of the U.S. Fire Administration, Federal Aviation 
Administration, and other relevant Federal departments 
or agencies and representatives of State and local building
and fire code enforcement jurisdictions, shall issue guid-
ance on minimizing the use of, or contact with, firefighting 
foam and other related equipment containing any PFAS 
by firefighters, police officers, paramedics, emergency 
medical technicians, and other first responders, in order 
to minimize the risk to such firefighters, police officers, 
paramedics, emergency medical technicians, and other 
first responders, and the environment, without jeopard-
izing firefighting efforts. 
(b) ANNUAL REPORT.—Not later than 2 years after 
the date of the enactment of this Act, and annually there-
after, the Administrator, in consultation with the head of 
the U.S. Fire Administration, shall submit to Congress a 
report on the effectiveness of the guidance issued under 
subsection (a). Such report shall include recommendations 
for congressional actions that the Administrator deter-
mines appropriate to assist efforts to reduce exposure to 
PFAS by firefighters and the other persons described in 
subsection (a). 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency, in consultation with the 
head of the U.S. Fire Administration and other relevant 
Federal departments or agencies, shall report to Congress 
on the efforts of the Environmental Protection Agency and
other relevant Federal departments and agencies to iden-
tify viable alternatives to firefighting foam and other re-
lated equipment containing any PFAS. 
(d) DEFINITION.—In this section, the term ‘‘PFAS’’ 
means perfluorooctanoic acid, perfluorooctanesulfonic 
acid, and any other perfluoroalkyl or polyfluoroalkyl sub-
stance with at least one fully fluorinated carbon atom that 
the Administrator of the Environmental Protection Agen-
cy determines is used in firefighting foam and other re-
lated equipment. 
SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINA-
TION BY GENX. 
The Administrator of the Environmental Protection 
Agency shall investigate methods and means to prevent 
contamination by GenX of surface waters, including 
source waters used for drinking water purposes. 
SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS. 
(a) 
IN
GENERAL.—The 
introduction 
of 
any 
perfluoroalkyl or polyfluoroalkyl substance by the owner 
or operator of an industrial source shall be unlawful unless 
such owner or operator first notifies the owner or operator 
of the applicable treatment works of— 
(1) the identity and quantity of such substance; 
(2) whether such substance is susceptible to 
treatment by such treatment works; and
(3) whether such substance would interfere with 
the operation of the treatment works. 
(b) VIOLATIONS.—A violation of this section shall be 
treated in the same manner as a violation of a regulation 
promulgated under subsection 307(b) of the Federal 
Water Pollution Control Act (33 U.S.C. 1317(b)). 
(c) DEFINITIONS.—In this section: 
(1) INTRODUCTION.—The term ‘‘introduction’’ 
means the introduction of pollutants into treatment 
works, as described in section 307(b) of the Federal 
Water Pollution Control Act (33 U.S.C. 1317). 
(2) TREATMENT WORKS.—The term ‘‘treatment 
works’’ has the meaning given that term in section 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall establish a website 
containing information relating to the testing of household 
well water. 
(b) CONTENTS.—The Administrator shall include on 
the website established under subsection (a) the following: 
(1) Information on how to get groundwater that 
is the source for a household water well tested by a
well inspector who is certified by a qualified third 
party. 
(2) A list of laboratories that analyze water 
samples and are certified by a State or the Adminis-
trator. 
(3) State-specific information, developed in co-
ordination with each State, on naturally occurring 
and human-induced contaminants. 
(4) Information that, using accepted risk com-
munication techniques, clearly communicates wheth-
er a test result value exceeds a level determined by 
the Administrator or the State to pose a health risk. 
(5) Information on treatment options, including 
information relating to water treatment systems cer-
tified by the National Science Foundation or the 
American National Standards Institute, and people 
who are qualified to install such systems. 
(6) A directory of whom to contact to report a 
test result value that exceeds a level determined by 
the Administrator or the State to pose a health risk. 
(7) Information on financial assistance that is 
available for homeowners to support water treat-
ment, including grants under section 306E of the 
Consolidated Farm and Rural Development Act (7 
U.S.C. 1926e) and State resources.
(8) Any other information the Administrator 
considers appropriate. 
(c) COORDINATION.—The Administrator shall coordi-
nate with the Secretary of Health and Human Services, 
the Secretary of Agriculture, and appropriate State agen-
cies in carrying out this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000 for fiscal year 2021. 
SEC. 15. RISK-COMMUNICATION STRATEGY. 
The Administrator of the Environmental Protection 
Agency shall develop a risk-communication strategy to in-
form the public about the hazards or potential hazards 
of perfluoroalkyl and polyfluoroalkyl substances, or cat-
egories of perfluoroalkyl and polyfluoroalkyl substances, 
by— 
(1) disseminating information about the risks 
or potential risks posed by such substances or cat-
egories in land, air, water (including drinking 
water), and products; 
(2) notifying the public about exposure path-
ways and mitigation measures through outreach and 
educational resources; and 
(3) consulting with States that have dem-
onstrated effective risk-communication strategies for
best practices in developing a national risk-commu-
nication strategy. 
SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING 
EMERGING CONTAMINANTS, WITH A FOCUS 
ON 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCES. 
Section 1452(t) of the Safe Drinking Water Act (42 
U.S.C. 300j–12) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ASSISTANCE
TO
TERRITORIES.—Of the 
amounts made available under this subsection, the 
Administrator may use funds to provide grants to 
the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, American Samoa, and Guam 
for the purpose of addressing emerging contami-
nants, 
with 
a 
focus 
on 
perfluoroalkyl 
and 
polyfluoroalkyl substances.’’. 
SEC. 17. CLEAN WATER ACT EFFLUENT STANDARDS, 
PRETREATMENT STANDARDS, AND WATER 
QUALITY CRITERIA FOR PFAS. 
(a) REVIEW AND REGULATION OF SUBSTANCES AND 
SOURCES.—
(1) REVIEW.— 
(A) IN GENERAL.—As soon as practicable, 
but not later than September 30, 2021, and bi-
ennially thereafter, the Administrator shall pub-
lish in the Federal Register a plan under sub-
section (m) of section 304 of the Federal Water 
Pollution Control Act (33 U.S.C. 1314) that 
contains the results of a review, conducted in 
accordance with such section, of the introduc-
tion 
or 
discharge 
of 
perfluoroalkyl 
and 
polyfluoroalkyl substances from classes and cat-
egories of point sources (other than publicly 
owned treatment works). 
(B) INCLUSIONS.—The Administrator shall 
include in each plan published pursuant to sub-
paragraph (A)— 
(i) information on potential introduc-
tion or discharges of perfluoroalkyl and 
polyfluoroalkyl substances; 
(ii) any information gaps on such in-
troduction or discharges and the process 
by which the Administrator will address 
such gaps; 
(iii) 
for 
each 
measurable 
perfluoroalkyl and polyfluoroalkyl sub-
stance that is not on the list of toxic pol-
lutants described in section 307(a) of the 
Federal Water Pollution Control Act, a de-
termination, in accordance with the re-
quirements of such section, whether or not 
to add the substance to such list; and 
(iv) a determination, in accordance 
with the requirements of the Federal 
Water Pollution Control Act, whether or 
not to establish effluent limitations and 
pretreatment standards for the introduc-
tion or discharge of each substance de-
scribed in clause (iii) that the Adminis-
trator determines under such clause not to 
add to such list and for which the Admin-
istrator has not developed such limitations 
or standards. 
(2) REGULATION.—Based on the results of 
each review conducted under paragraph (1) and in 
accordance with the requirements of the Federal 
Water Pollution Control Act, the Administrator 
shall— 
(A) in accordance with the plan published 
under paragraph (1), as soon as practicable—
(i) for each measurable perfluoroalkyl 
and polyfluoroalkyl substance that the Ad-
ministrator determines under paragraph 
(1)(B)(iii) to add to the list of toxic pollut-
ants described in section 307(a) of such 
Act, initiate the process for adding the 
substance to such list; and 
(ii) for each measurable perfluoroalkyl 
and polyfluoroalkyl substance that the Ad-
ministrator determines under paragraph 
(1)(B)(iv) to establish effluent limitations 
and pretreatment standards, establish such 
effluent 
limitations 
and 
pretreatment 
standards (which limitations and standards 
may be established by substance or by 
class or category of substances); and 
(B) not later than 2 years after the date 
on which each plan is published under para-
graph (1), publish human health water quality 
criteria for measurable perfluoroalkyl and 
polyfluoroalkyl substances and classes and cat-
egories of perfluoroalkyl and polyfluoroalkyl 
substances for which the Administrator has not 
published such criteria.
(b) DEADLINES
FOR COVERED PERFLUOROALKYL 
SUBSTANCES.— 
(1) WATER QUALITY CRITERIA.—Not later than 
2 years after the date of enactment of this section, 
the Administrator shall publish in the Federal Reg-
ister human health water quality criteria for each 
covered perfluoroalkyl substance. 
(2) 
EFFLUENT
LIMITATIONS
AND 
PRETREATMENT STANDARDS FOR PRIORITY INDUS-
TRY CATEGORIES.—As soon as practicable, but not 
later than 4 years after the date of enactment of 
this section, the Administrator shall publish in the 
Federal Register a final rule establishing, for each 
priority industry category, effluent limitations and 
pretreatment standards for the introduction or dis-
charge of each covered perfluoroalkyl substance. 
(c) NOTIFICATION.—The Administrator shall notify 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate of each publica-
tion made under this section. 
(d) IMPLEMENTATION ASSISTANCE FOR PUBLICLY 
OWNED TREATMENT WORKS.— 
(1) IN
GENERAL.—The Administrator shall 
award grants, in amounts not to exceed $100,000,
to owners and operators of publicly owned treatment 
works, to be used for the implementation of a 
pretreatment standard developed by the Adminis-
trator for a perfluoroalkyl or polyfluoroalkyl sub-
stance. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Ad-
ministrator 
to 
carry 
out 
this 
subsection 
$100,000,000 for each of fiscal years 2021 through 
2025, to remain available until expended. 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED PERFLUOROALKYL SUBSTANCE.— 
The term ‘‘covered perfluoroalkyl substance’’ means 
perfluorooctanoic acid, perfluorooctane sulfonic acid, 
or a salt associated with perfluorooctanoic acid or 
perfluorooctane sulfonic acid. 
(3) EFFLUENT LIMITATION.—The term ‘‘efflu-
ent limitation’’ means an effluent limitation under 
section 301(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1311). 
(4) INTRODUCTION.—The term ‘‘introduction’’ 
means the introduction of pollutants into treatment
(A) Organic chemicals, plastics, and syn-
thetic fibers, as identified in part 414 of title 
40, Code of Federal Regulations. 
(B) Pulp, paper, and paperboard, as iden-
tified in part 430 of title 40, Code of Federal 
Regulations. 
(C) Textile mills, as identified in part 410 
of title 40, Code of Federal Regulations. 
(8) TREATMENT WORKS.—The term ‘‘treatment 
works’’ has the meaning given that term in section 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
(9) WATER
QUALITY
CRITERIA.—The term 
‘‘water quality criteria’’ means criteria for water 
quality under section 304(a)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1314). 
Passed the House of Representatives January 10, 
2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 535 
AN ACT 
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.