117TH CONGRESS 
1ST SESSION H. R. 2467 
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 2021’’. 
(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 limitations guidelines and standards and 
water quality criteria for PFAS. 
Sec. 18. School drinking water testing and filtration grant program. 
Sec. 19. Analytical reference standards 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 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. 
‘‘(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) PFAS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), this subsection does not 
apply to any chemical substance that is a 
perfluoroalkyl or polyfluoroalkyl substance. 
‘‘(B) DRUGS
AND
DEVICES.—Paragraph 
(3) applies to a chemical substance that is a 
perfluoroalkyl 
or 
polyfluoroalkyl 
substance 
which is manufactured or processed, or pro-
posed to be manufactured or processed, solely 
for purposes of— 
‘‘(i) scientific experimentation or anal-
ysis 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 devel-
opment of 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 de-
fined 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.’’. 
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-