I 
118TH CONGRESS 
1ST SESSION H. R. 6805 
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 
DECEMBER 14, 2023 
Mrs. DINGELL (for herself, Mr. FITZPATRICK, Mr. RYAN, Mr. SARBANES, Mr. 
BOYLE of Pennsylvania, Mr. PAPPAS, Mr. KHANNA, Ms. STEVENS, Mr. 
PALLONE, Mrs. NAPOLITANO, Mr. TONKO, Ms. KUSTER, Mr. SOTO, Mr. 
KILDEE, Mr. LARSEN of Washington, and Mrs. FLETCHER) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Transportation and In-
frastructure, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘PFAS Action Act of 2023’’. 
(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. Analytical reference standards for PFAS. 
Sec. 5. Manufacturing 
and 
processing 
notices 
for 
perfluoroalkyl 
and 
polyfluoroalkyl substances. 
Sec. 6. National primary drinking water regulations for PFAS. 
Sec. 7. Assistance to Territories for addressing emerging contaminants, with a 
focus on perfluoroalkyl and polyfluoroalkyl substances. 
Sec. 8. Establishment of PFAS infrastructure grant program. 
Sec. 9. School drinking water testing and filtration grant program. 
Sec. 10. Investigation of prevention of contamination by GenX. 
Sec. 11. Household well water testing website. 
Sec. 12. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous 
air pollutants. 
Sec. 13. Prohibition on unsafe waste incineration of PFAS. 
Sec. 14. Label for PFAS-free products. 
Sec. 15. Disclosure of introductions of PFAS. 
Sec. 16. Risk-communication strategy. 
Sec. 17. Clean Water Act effluent limitations guidelines and standards and 
water quality criteria for PFAS. 
SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES. 
(a) DESIGNATION.—Not later than 60 days 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-
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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) 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). 
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(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 
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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 and water used for 
agricultural purposes), 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. 
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‘‘(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: 
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‘‘(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 
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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. ANALYTICAL REFERENCE STANDARDS FOR PFAS. 
Section 4 of the Toxic Substances Control Act (15 
U.S.C. 2603) is further amended by adding at the end 
the following: 
‘‘(j) ANALYTICAL
REFERENCE
STANDARDS
FOR 
PFAS.— 
‘‘(1) SUBMISSION.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, 
the Administrator shall, by order or rule, re-
quire persons who manufacture or process a 
covered chemical substance to— 
‘‘(i) submit to the Administrator an 
analytical reference standard for, or sam-
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ple of, such covered chemical substance; 
and 
‘‘(ii) periodically resubmit such an an-
alytical reference standard or sample, as 
determined appropriate by the Adminis-
trator. 
‘‘(B) MIXTURES.—The Administrator may, 
by order or rule, require persons who manufac-
ture or process a mixture containing a covered 
chemical substance to submit to the Adminis-
trator an analytical reference standard for, or 
sample of, such mixture. 
‘‘(2) USES.—The Administrator may use an an-
alytical reference standard or sample submitted 
under this subsection or provide an analytical ref-
erence standard or sample submitted under this sub-
section to a State, research institution, or another 
Federal agency, for— 
‘‘(A) the development of information, pro-
tocols, and methodologies, which may be carried 
out by an entity determined appropriate by the 
Administrator; and 
‘‘(B) activities relating to the implementa-
tion or enforcement of Federal or State require-
ments. 
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‘‘(3) PRIORITIZATION.—In carrying out this 
subsection, the Administrator shall— 
‘‘(A) prioritize covered chemical substances 
that are included in 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)); and 
‘‘(B) for covered chemical substances not 
described in subparagraph (A), prioritize cov-
ered chemical substances based on production 
volume. 
‘‘(4) PROHIBITION.—No person receiving an 
analytical reference standard or sample submitted 
under this subsection may use or transfer the ana-
lytical reference standard or sample for a commer-
cial purpose. 
‘‘(5) DEFINITION.—In this subsection, the term 
‘covered chemical substance’ means a perfluoroalkyl 
or polyfluoroalkyl substance with at least one fully 
fluorinated carbon atom that is included in the 
chemical substance list compiled and published 
under section 8(b).’’. 
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SEC. 5. 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) PFAS.— 
‘‘(A) IN GENERAL.—Except as provided in sub-
paragraph (B), this subsection does not apply to any 
chemical substance that is a perfluoroalkyl or 
polyfluoroalkyl substance. 
‘‘(B) DRUGS AND DEVICES.—Paragraph (3) ap-
plies to a chemical substance that is a perfluoroalkyl 
or polyfluoroalkyl substance which is manufactured 
or processed, or proposed to be manufactured or 
processed, solely for purposes of— 
‘‘(i) scientific experimentation or analysis 
with respect to a drug or device (as such terms 
are defined in section 201 of the Federal Food, 
Drug, and Cosmetic Act) or personal protective 
equipment (as such term is defined in section 
20005 of the CARES Act); or 
‘‘(ii) chemical research on, or analysis of, 
such a chemical substance for the development 
of a drug or device (as such terms are defined 
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in section 201 of the Federal Food, Drug, and 
Cosmetic Act) or personal protective equipment 
(as such term is defined in section 20005 of the 
CARES Act).’’; 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.’’. 
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SEC. 6. NATIONAL PRIMARY DRINKING WATER REGULA-
TIONS FOR PFAS. 
(a) IN GENERAL.—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 60 
days after the date of enactment of this para-
graph, the Administrator shall, after notice and 
opportunity for public comment, promulgate a 
national primary drinking water regulation for 
perfluoroalkyl and polyfluoroalkyl substances, 
which shall, at a minimum, include— 
‘‘(i) standards for— 
‘‘(I) perfluorooctanoic acid (com-
monly referred to as ‘PFOA’); and 
‘‘(II) 
perfluorooctane 
sulfonic 
acid 
(commonly 
referred 
to 
as 
‘PFOS’); and 
‘‘(ii) standards for, as individual con-
taminants 
or 
as 
a 
mixture, 
perfluorononanoic acid (commonly referred 
to as ‘PFNA’), hexafluoropropylene oxide 
dimer acid (commonly known as ‘GenX 
Chemicals’), perfluorohexane sulfonic acid 
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(commonly referred to as ‘PFHxS’), and 
perfluorobutane sulfonic acid (commonly 
referred to as ‘PFBS’). 
‘‘(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; 
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‘‘(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-
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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-
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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-
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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.’’. 
(b) ENFORCEMENT.—Notwithstanding any other 
provision of law, the Administrator of the Environmental 
Protection Agency may not impose financial penalties for 
the violation of a national primary drinking water regula-
tion (as defined in section 1401 of the Safe Drinking 
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Water Act (42 U.S.C. 300f)) with respect to a 
perfluoroalkyl or polyfluoroalkyl substance or class of 
perfluoroalkyl or polyfluoroalkyl substances for which a 
national primary drinking water regulation has been pro-
mulgated 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 promulgates the national 
primary drinking water regulation. 
SEC. 7. 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(t)) is amended— 
(1) in paragraph (1), by striking ‘‘Amounts’’ 
and inserting ‘‘Subject to paragraph (2)’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ASSISTANCE TO TERRITORIES.—The Ad-
ministrator shall reserve not less than 2 percent of 
the amounts made available under this subsection to 
provide grants to the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, American 
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Samoa, and Guam for the purpose of addressing 
emerging 
contaminants, 
with 
a 
focus 
on 
perfluoroalkyl and polyfluoroalkyl substances.’’. 
SEC. 
8. 
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. 1459H. 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— 
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