IIB 
117TH CONGRESS 
1ST SESSION H. R. 2467 
IN THE SENATE OF THE UNITED STATES 
JULY 22, 2021 
Received; read twice and referred to the Committee on Environment and 
Public Works 
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, 
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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 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)). 
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(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— 
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(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). 
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(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. 
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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 
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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: 
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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 
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‘‘(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-
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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-
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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 
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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 
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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 
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(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-
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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 
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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 
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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 
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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. 
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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 
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‘‘(B) a certification that the treatment 
technology in use by the community water sys-
tem at the time of application is not sufficient 
to meet all applicable standards, and all appli-
cable health advisories published pursuant to 
section 1412(b)(1)(F), for perfluoroalkyl and 
polyfluoroalkyl substances. 
‘‘(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 determines are the most 
effective at removing perfluoroalkyl and polyfluoroalkyl 
substances from drinking water. 
‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 
under this section, the Administrator shall prioritize an 
affected community water system that— 
‘‘(1) serves a disadvantaged community; 
‘‘(2) will provide at least a 10-percent cost 
share for the cost of implementing an eligible treat-
ment technology; 
‘‘(3) demonstrates the capacity to maintain the 
eligible treatment technology to be implemented 
using the grant; or 
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‘‘(4) is located within an area with respect to 
which the Administrator has published a determina-
tion under the first sentence of section 1424(e) re-
lating to an aquifer that is the sole or principal 
drinking water source for the area. 
‘‘(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 
$500,000,000 for each of fiscal years 2022 through 
2026. 
‘‘(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 2022 and 2023 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, 
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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 
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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.’’. 
SEC. 
8. 
LISTING 
OF 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCES AS HAZ-
ARDOUS AIR POLLUTANTS. 
(a) LISTING.— 
(1) INITIAL LISTING.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator of the Environmental Protection Agency shall 
issue a final rule adding perfluorooctanoic acid and 
its salts, and perfluoroactanesulfonic acid and its 
salts, to the list of hazardous air pollutants under 
section 112(b) of the Clean Air Act (42 U.S.C. 
7412(b)). 
(2) ADDITIONAL LISTINGS.—Not later than 5 
years after the date of enactment of this Act, the 
Administrator of the Environmental Protection 
Agency shall determine whether to issue, in accord-
ance with section 112 of the Clean Air Act (42 
U.S.C. 7412), any final rules adding perfluoroalkyl 
and polyfluoroalkyl substances, other than those 
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perfluoroalkyl and polyfluoroalkyl substances listed 
pursuant to paragraph (1), to the list of hazardous 
air pollutants under section 112(b) of such Act. 
(b) SOURCES CATEGORIES.—Not later than 365 days 
after any final rule is issued pursuant to subsection (a), 
the Administrator of the Environmental Protection Agen-
cy 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 
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 
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(2) provide an analytical reference standard 
submitted under this section to a State, to be used 
only for— 
(A) the development of information, proto-
cols, and methodologies, which may be carried 
out by an entity determined appropriate by the 
State; and 
(B) activities relating to the implementa-
tion or enforcement of State requirements. 
(c) PROHIBITION.—No person receiving an analytical 
reference standard submitted under this section may use 
or transfer the analytical reference standard for a com-
mercial purpose. 
(d) DEFINITIONS.—In this section: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a manufacturer of a perfluoroalkyl or 
polyfluoroalkyl substance with at least one fully 
fluorinated carbon atom. 
(2) MANUFACTURE; STATE.—The terms ‘‘man-
ufacture’’ and ‘‘State’’ have the meanings given 
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those terms in section 3 of the Toxic Substances 
Control Act (15 U.S.C. 2602). 
Passed the House of Representatives July 21, 2021. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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