632 
‘‘(e) DATABASE; PUBLIC ACCESSIBILITY.— 
‘‘(1) DATABASE.—The Administrator shall es-
tablish and maintain a database of the results re-
ported pursuant to subsection (a)(2). 
‘‘(2) PUBLIC
ACCESSIBILITY.—The Adminis-
trator shall make such database publicly accessible 
on the website of the Environmental Protection 
Agency. 
‘‘(3) PUBLIC
SEARCHABILITY.—The Adminis-
trator shall make such database searchable by ZIP 
Code, allowing members of the public to easily iden-
tify all sites for which reports are submitted pursu-
ant to subsection (a)(2). 
‘‘(f) DEFINITION.—In this section, the term ‘acces-
sible underground source of drinking water’ means an un-
derground source of drinking water to which the person 
conducting the hydraulic fracturing operations can reason-
ably gain access.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
1421(d)(1)(B)(ii) of the Safe Drinking Water Act (42 
U.S.C. 300h(d)(1)(B)(ii)) is amended by inserting ‘‘except 
as provided in subsection (b)(1)(E) of this section and sec-
tion 1421A,’’ before ‘‘the underground injection of fluids 
or propping agents (other than diesel fuels) pursuant to 
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hydraulic fracturing operations related to oil, gas, or geo-
thermal production activities’’. 
SEC. 624. ADDRESSING HAZARDOUS AIR POLLUTION FROM 
OIL AND GAS SOURCES. 
(a) REPEAL OF EXEMPTION FOR AGGREGATION OF 
EMISSIONS
FROM
OIL
AND
GAS
SOURCES.—Section 
112(n) of the Clean Air Act (42 U.S.C. 7412(n)) is 
amended by striking paragraph (4). 
(b) HYDROGEN SULFIDE AS A HAZARDOUS AIR POL-
LUTANT.—The Administrator of the Environmental Pro-
tection Agency shall— 
(1) not later than 180 days after the date of 
enactment of this Act, issue a final rule adding hy-
drogen sulfide to the list of hazardous air pollutants 
under section 112(b) of the Clean Air Act (42 
U.S.C. 7412(b)); and 
(2) not later than 365 days after a final rule 
under paragraph (1) is issued, revise the list under 
section 112(c) of such Act (42 U.S.C. 7412(c)) to 
include categories and subcategories of major 
sources and area sources of hydrogen sulfide, includ-
ing oil and gas wells. 
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SEC. 625. CLOSING LOOPHOLES AND ENDING ARBITRARY 
AND NEEDLESS EVASION OF REGULATIONS. 
(a) IDENTIFICATION OR LISTING, AND REGULATION 
UNDER SUBTITLE C.—Paragraph (2) of section 3001(b) 
of the Solid Waste Disposal Act (42 U.S.C. 6921(b)) is 
amended to read as follows: 
‘‘(2) Not later than 1 year after the date of enact-
ment of the CLEAN Future Act, the Administrator 
shall— 
‘‘(A) determine whether drilling fluids, pro-
duced waters, and other wastes associated with the 
exploration, development, or production of crude oil, 
natural gas, or geothermal energy meet the criteria 
promulgated under this section for the identification 
or listing of hazardous waste; 
‘‘(B) identify or list as hazardous waste any 
drilling fluids, produced waters, or other wastes as-
sociated with the exploration, development, or pro-
duction of crude oil, natural gas, or geothermal en-
ergy that the Administrator determines, pursuant to 
subparagraph (A), meet the criteria promulgated 
under this section for the identification or listing of 
hazardous waste; and 
‘‘(C) promulgate regulations under sections 
3002, 3003, and 3004 for wastes identified or listed 
as hazardous waste pursuant to subparagraph (B), 
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except that the Administrator is authorized to mod-
ify the requirements of such sections to take into ac-
count the special characteristics of such wastes so 
long as such modified requirements protect human 
health and the environment.’’. 
(b) REGULATION UNDER SUBTITLE D.—Section 
4010(c) of the Solid Waste Disposal Act (42 U.S.C. 
6949a(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(7) DRILLING
FLUIDS, PRODUCED
WATERS, 
AND OTHER WASTES ASSOCIATED WITH THE EXPLO-
RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE 
OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 
later than 1 year after the date of enactment of the 
CLEAN Future Act, the Administrator shall pro-
mulgate revisions of the criteria promulgated under 
section 4004(a) and under section 1008(a)(3) for fa-
cilities that may receive drilling fluids, produced 
waters, or other wastes associated with the explo-
ration, development, or production of crude oil, nat-
ural gas, or geothermal energy, that are not identi-
fied or listed as hazardous waste pursuant to section 
3001(b)(2). The criteria shall be those necessary to 
protect human health and the environment and may 
take into account the practicable capability of such 
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facilities. At a minimum such revisions for facilities 
potentially receiving such wastes should require 
ground water monitoring as necessary to detect con-
tamination, establish criteria for the acceptable loca-
tion of new or existing facilities, and provide for cor-
rective action and financial assurance as appro-
priate.’’. 
Subtitle C—Infrastructure To 
Protect Communities 
SEC. 631. CLIMATE IMPACTS FINANCIAL ASSURANCE AND 
USER FEES. 
(a) LIABILITY.—Section 101(1) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601(1)) is amended by insert-
ing ‘‘and which has no plausible causal connection to cli-
mate change and its effects’’ after ‘‘foresight’’. 
(b) FINANCIAL RESPONSIBILITY.—Section 108 of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9608) is amended— 
(1) in subsection (c)(2), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsection (b) or (e)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e)(1) Not later than 4 years after the date of enact-
ment of the CLEAN Future Act, the Administrator shall 
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promulgate requirements that classes of facilities establish 
and maintain evidence of financial responsibility con-
sistent with the degree and duration of risk associated 
with impacts of climate change and extreme weather on 
those facilities, including releases of hazardous substances 
caused by climate change and extreme weather. 
‘‘(2) Not later than 2 years after the date of enact-
ment of the CLEAN Future Act, the Administrator shall 
identify those classes of facilities for which requirements 
will first be developed and publish notice of such identi-
fication in the Federal Register. Priority in the develop-
ment of such requirements shall be accorded to those 
classes of facilities, owners, and operators which the Ad-
ministrator determines present the highest level of risk of 
injury because of climate change and extreme weather. 
‘‘(3) The level of financial responsibility shall be ini-
tially established, and, when necessary, adjusted to protect 
against the level of risk which the Administrator in his 
discretion believes is appropriate based on the payment ex-
perience of the Fund, commercial insurers, courts settle-
ments and judgments, and voluntary claims satisfaction. 
To the maximum extent practicable, the Administrator 
shall cooperate with and seek the advice of the commercial 
insurance industry in developing financial responsibility 
requirements. Financial responsibility may be established 
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by any one, or any combination, of the following: insur-
ance, guarantee, surety bond, letter of credit, or qualifica-
tion as a self-insurer. In promulgating requirements under 
this section, the Administrator is authorized to specify pol-
icy or other contractual terms, conditions, or defenses 
which are necessary, or which are unacceptable, in estab-
lishing such evidence of financial responsibility in order 
to effectuate the purposes of this Act. 
‘‘(4) Regulations promulgated under this subsection 
shall incrementally impose financial responsibility require-
ments as quickly as can reasonably be achieved but in no 
event more than 4 years after the date of promulgation. 
Where possible, the level of financial responsibility which 
the Administrator believes appropriate as a final require-
ment shall be achieved through incremental, annual in-
creases in the requirements. 
‘‘(5) Where a facility is owned or operated by more 
than one person, evidence of financial responsibility cov-
ering the facility may be established and maintained by 
one of the owners or operators, or, in consolidated form, 
by or on behalf of two or more owners or operators. When 
evidence of financial responsibility is established in a con-
solidated form, the proportional share of each participant 
shall be shown. The evidence shall be accompanied by a 
statement authorizing the applicant to act for and in be-
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half of each participant in submitting and maintaining the 
evidence of financial responsibility. 
‘‘(6) The requirements promulgated pursuant to 
paragraph (1) shall provide to facilities the ability to re-
duce the level of financial responsibility required by imple-
menting measures that the Administrator determines will 
reduce the degree and duration of risk associated with the 
impacts of climate change and extreme weather on those 
facilities, by reducing the likelihood and magnitude of po-
tential releases of hazardous substances caused by climate 
change and extreme weather. 
‘‘(7) The requirements promulgated pursuant to 
paragraph (1) shall provide to facilities the ability to pay 
a user fee into the Hazardous Substances Trust Fund in 
lieu of maintaining financial responsibility under this sec-
tion. Such user fee shall be set by the Administrator at 
a level sufficient to address the level of risk identified by 
the Administrator under paragraph (3).’’. 
SEC. 632. BROWNFIELDS FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
104(k)(13) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(13)) is amended to read as follows: 
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‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) $350,000,000 for fiscal year 2022; 
‘‘(B) $400,000,000 for fiscal year 2023; 
‘‘(C) $450,000,000 for fiscal year 2024; 
‘‘(D) $500,000,000 for fiscal year 2025; 
and 
‘‘(E) $550,000,000 for each of fiscal years 
2026 through 2031.’’. 
(b) 
STATE
RESPONSE
PROGRAMS.—Section 
128(a)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9628(a)(3)) is amended to read as follows: 
‘‘(3) FUNDING.—There are authorized to be ap-
propriated to carry out this subsection— 
‘‘(A) $70,000,000 for fiscal year 2022; 
‘‘(B) $80,000,000 for fiscal year 2023; 
‘‘(C) $90,000,000 for fiscal year 2024; 
‘‘(D) $100,000,000 for fiscal year 2025; 
and 
‘‘(E) $110,000,000 for each of fiscal years 
2026 through 2031.’’. 
SEC. 633. DRINKING WATER SRF FUNDING. 
(a) FUNDING.— 
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(1) STATE REVOLVING LOAN FUNDS.—Section 
1452(m)(1) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(m)(1)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’; 
(B) in subparagraph (C), by striking 
‘‘2021.’’ and inserting ‘‘2021;’’; and 
(C) by adding at the end the following: 
‘‘(D) $4,140,000,000 for fiscal year 2022; 
‘‘(E) $4,800,000,000 for fiscal year 2023; 
and 
‘‘(F) $5,500,000,000 for each of fiscal 
years 2024 through 2031.’’. 
(2) INDIAN
RESERVATION
DRINKING
WATER 
PROGRAM.—Section 2001(d) of America’s Water In-
frastructure Act of 2018 (Public Law 115–270) is 
amended by striking ‘‘2022’’ and inserting ‘‘2031’’. 
(3) VOLUNTARY SCHOOL AND CHILD CARE PRO-
GRAM
LEAD
TESTING
GRANT
PROGRAM.—Section 
1464(d)(8) of the Safe Drinking Water Act (42 
U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and 
2021’’ and inserting ‘‘through 2031’’. 
(4) DRINKING
WATER
FOUNTAIN
REPLACE-
MENT FOR SCHOOLS.—Section 1465(d) of the Safe 
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Drinking Water Act (42 U.S.C. 300j–25(d)) is 
amended by striking ‘‘2021’’ and inserting ‘‘2031’’. 
(5) GRANTS
FOR
STATE
PROGRAMS.—Section 
1443(a)(7) of the Safe Drinking Water Act (42 
U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 
2021’’ and inserting ‘‘through 2031’’. 
(b) AMERICAN IRON AND STEEL PRODUCTS.—Sec-
tion 1452(a)(4)(A) of the Safe Drinking Water Act (42 
U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘During 
fiscal years 2019 through 2023, funds’’ and inserting 
‘‘Funds’’. 
SEC. 634. DRINKING WATER SYSTEM RESILIENCE FUNDING. 
Section 1433(g)(6) of the Safe Drinking Water Act 
(42 U.S.C. 300i–2(g)(6)) is amended— 
(1) by striking ‘‘25,000,000’’ and inserting 
‘‘50,000,000’’; and 
(2) by striking ‘‘2020 and 2021’’ and inserting 
‘‘2022 through 2031’’. 
SEC. 635. PFAS TREATMENT GRANTS. 
(a) ESTABLISHMENT
OF PFAS INFRASTRUCTURE 
GRANT PROGRAM.—Part E of the Safe Drinking Water 
Act (42 U.S.C. 300j et seq.) is amended by adding at the 
end the following new section: 
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643 
‘‘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-
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actment of this section, and every 2 years thereafter, the 
Administrator shall publish a list of treatment tech-
nologies that the Administrator determines are effective 
at removing all detectable amounts of PFAS from drink-
ing 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; 
‘‘(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) 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 the fiscal years 2022 
through 2031. 
‘‘(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 
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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. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 
The term ‘affected community water system’ means 
a community water system that is affected by the 
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) ELIGIBLE
TREATMENT
TECHNOLOGY.— 
The term ‘eligible treatment technology’ means a 
treatment technology included on the list published 
under subsection (c).’’. 
(b) DEFINITION.— 
Section 1401 of the Safe Drinking Water Act 
(42 U.S.C. 300f) is amended by adding at the end 
the following: 
‘‘(17) PFAS.—The term ‘PFAS’ means a 
perfluoroalkyl or polyfluoroalkyl substance with at 
least one fully fluorinated carbon atom.’’. 
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646 
SEC. 636. NATIONAL PRIORITIES LIST CLEANUP. 
(a) LIST.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this section, the Ad-
ministrator of the Environmental Protection Agency 
shall create and publish in the Federal Register a 
list of each Federal site and facility that is included 
in the National Priorities List (published pursuant 
to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9605)) that is vulnerable to climate 
change. 
(2) CONSIDERATIONS.—In creating and pub-
lishing the list under paragraph (1), the Adminis-
trator of the Environmental Protection Agency shall 
consider the information provided in the document 
published by the Office of Solid Waste and Emer-
gency Response titled ‘‘Climate Change Adaptation 
Implementation Plan’’ (June, 2014). 
(b) CLEANUP.— 
(1) IN GENERAL.—The President shall direct 
such Federal agencies that the President determines 
appropriate to take response actions under the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
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at each site and facility included in the list created 
and published under subsection (a)(1). 
(2) DEADLINE.—Any response action taken at 
a site or facility under paragraph (1) shall be com-
pleted by the date that is 10 years after the date of 
enactment of this section. 
SEC. 637. LEAD SERVICE LINE REPLACEMENT. 
(a) IN GENERAL.—Section 1452 of the Safe Drink-
ing Water Act (42 U.S.C. 300j–12) is amended by adding 
at the end the following: 
‘‘(u) LEAD SERVICE LINE REPLACEMENT.— 
‘‘(1) IN GENERAL.—In addition to the capital-
ization grants to eligible States under subsection 
(a)(1), the Administrator shall offer to enter into 
agreements with eligible States, Indian Tribes, and 
the territories described in subsection (j) to make 
capitalization grants, including letters of credit, to 
such States, Indian Tribes, and territories under 
this subsection to fund the replacement of lead serv-
ice lines. 
‘‘(2) ALLOTMENTS.— 
‘‘(A) 
STATES.—Funds 
made 
available 
under this subsection shall be allotted and real-
lotted to the extent practicable, to States as if 
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allotted or reallotted under subsection (a)(1) as 
a capitalization grant under such subsection. 
‘‘(B) INDIAN TRIBES.—The Administrator 
shall set aside 11⁄2 percent of the amounts 
made available each fiscal year to carry out this 
subsection to make grants to Indian Tribes. 
‘‘(C) OTHER
AREAS.—The funds made 
available under this subsection shall be allotted 
to territories described in subsection (j) in ac-
cordance with such subsection. 
‘‘(3) PRIORITY.—Each State that has entered 
into a capitalization agreement pursuant to this sec-
tion shall annually prepare a plan that identifies the 
intended uses of the amounts made available pursu-
ant to this subsection, which shall— 
‘‘(A) comply with the requirements of sub-
section (b)(2); and 
‘‘(B) provide, to the maximum extent prac-
ticable, that priority for the use of funds be 
given to projects that replace lead service lines 
serving disadvantaged communities and envi-
ronmental justice communities. 
‘‘(4) AMERICAN MADE IRON AND STEEL AND 
PREVAILING
WAGES.—The requirements of para-
graphs (4) and (5) of subsection (a) shall apply to 
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shall establish minimum post-consumer recycled 
content standards for covered products and bev-
erage containers. 
‘‘(B) REQUIREMENT.—The standards es-
tablished under subparagraph (A) shall increase 
the percentage by which covered products and 
beverage containers shall be composed of post- 
consumer recycled content over a time period 
established by the Administrator. 
‘‘SEC. 12003. DESIGNING FOR THE ENVIRONMENT. 
‘‘(a) IN GENERAL.—The Administrator shall require 
each manufacturer of a covered product or beverage con-
tainer to design the covered products and beverage con-
tainers to minimize the environmental and health impacts 
of the covered products and beverage containers. 
‘‘(b) REQUIREMENTS.—In designing a covered prod-
uct or beverage container in accordance with subsection 
(a), to minimize the impacts of extraction, manufacture, 
use, and end-of-life management, a manufacturer shall 
consider— 
‘‘(1) eliminating or reducing the quantity of 
material used; 
‘‘(2) eliminating toxic substances; 
‘‘(3) designing for reuse, refill, and lifespan ex-
tension; 
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