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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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, 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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: 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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.’’. 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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-
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
(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-
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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. 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
2022 and 2023; and 
‘‘(B) $100,000,000 for each of fiscal years 
2024 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, 
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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.’’. 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
02:23 Jun 06, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2467.IH
H2467
pbinns on DSKJLVW7X2PROD with BILLS