Protect Drinking Water from PFAS Act of 2021
Bill: S.2406 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Environmental Protection

Summary:
Protect Drinking Water from PFAS Act of 2021
This bill requires the Environmental Protection Agency (EPA) to address the level of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are man-made and may have adverse human health effects. A variety of products contain PFAS, such as nonstick cookware or weatherproof clothing.
The EPA must publish a maximum contaminant level (MCL) and promulgate a national primary drinking water regulation for PFAS that includes perfluorooctanoic acid (commonly referred to as PFOA) and perfluorooctane sulfonic acid (commonly referred to PFOS). The MCL and regulation must be protective of the health of subpopulations that may be at greater risk than the general population of adverse health effects from exposure to PFAS in drinking water.

To amend the Safe Drinking Water Act to require the Administrator of 
 the Environmental Protection Agency to set maximum contaminant levels 
             for certain chemicals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Drinking Water from PFAS Act 
of 2021''.

SEC. 2. MAXIMUM CONTAMINANT LEVELS.

    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) Required regulations.--Not later than 2 years 
                after the date of enactment of the Protect Drinking 
                Water from PFAS Act of 2021, the Administrator shall 
                publish a maximum contaminant level and promulgate a 
                national primary drinking water regulation for 
                perfluoroalkyl and polyfluoroalkyl substances, 
                including, at a minimum--
                            ``(i) perfluorooctanoic acid (commonly 
                        referred to as `PFOA'); and
                            ``(ii) perfluorooctane sulfonic acid 
                        (commonly referred to as `PFOS').
                    ``(B) Monitoring.--In establishing monitoring 
                requirements under the national primary drinking water 
                regulation for perfluoroalkyl and polyfluoroalkyl 
                substances under subparagraph (A), the Administrator 
                shall--
                            ``(i) consider options for tailoring 
                        monitoring requirements for public water 
                        systems that do not detect, or are reliably and 
                        consistently below the maximum contaminant 
                        level for, those substances; and
                            ``(ii) prioritize the use of existing 
                        authorities to provide technical assistance and 
                        funding to help small, rural, or disadvantaged 
                        public water systems to comply with the 
                        national primary drinking water regulation.
                    ``(C) Health protection.--The national primary 
                drinking water regulation for perfluoroalkyl and 
                polyfluoroalkyl substances under subparagraph (A) shall 
                be protective of the health of subpopulations at 
                greater risk, as described in section 1458.
                    ``(D) Health risk reduction and cost analysis.--In 
                meeting the requirements of paragraph (3)(C) with 
                respect to the national primary drinking water 
                regulation for perfluoroalkyl and polyfluoroalkyl 
                substances under subparagraph (A), the Administrator 
                may rely on information available to the Administrator 
                with respect to 1 or more specific perfluoroalkyl or 
                polyfluoroalkyl substances to extrapolate reasoned 
                conclusions with respect to the health risks and 
                effects of a class of perfluoroalkyl or polyfluoroalkyl 
                substances of which the specific perfluoroalkyl or 
                polyfluoroalkyl substances are a part, including by 
                using techniques described in--
                            ``(i) the document of the Environmental 
                        Protection Agency entitled `Generalized Read-
                        Across (GenRA)' (or a successor document); and
                            ``(ii) the Toxicity Estimation Software 
                        Tool of the Environmental Protection Agency (or 
                        a successor tool).''.
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