Title: PFAS Federal Facility Accountability Act of 2018
Policy area: Environmental Protection

Summary:
PFAS Federal Facility Accountability Act of 2018
This bill requires the federal government, on the request of a state, to cooperate with the state to address drinking water, surface water, ground water, sediment, or soil contaminated from a perfluorinated compound released from a federal facility or a former federal facility. A perfluorinated compound means a perfluoroalkyl substance, or a polyfluoroalkyl substance, that is man made and contains at least one fully fluorinated carbon atom.
Within a year, the Environmental Protection Agency must determine whether to designate perfluorinated compounds as hazardous substances.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6835 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6835

   To encourage Federal agencies to enter into or amend cooperative 
agreements with States for removal and remedial actions to address PFAS 
contamination in drinking water, surface water, ground water, sediment, 
                   and soil, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2018

  Mr. Upton (for himself, Mrs. Dingell, Mr. Walberg, and Mr. Kildee) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To encourage Federal agencies to enter into or amend cooperative 
agreements with States for removal and remedial actions to address PFAS 
contamination in drinking water, surface water, ground water, sediment, 
                   and soil, 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 ``PFAS Federal Facility Accountability 
Act of 2018''.

SEC. 2. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND REMEDIAL 
              ACTIONS TO ADDRESS CONTAMINATION FROM PFAS.

    (a) Definitions.--In this Act:
            (1) Facility.--The term ``facility'' has the meaning given 
        such term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (2) Federal facility.--The term ``Federal facility'' means 
        a facility that is owned or operated by the Federal Government.
            (3) Former federal facility.--The term ``former Federal 
        facility'' means a facility that has been, but is no longer, 
        owned or operated by the Federal Government.
            (4) Fully fluorinated carbon atom.--The term ``fully 
        fluorinated carbon atom'' means a carbon atom on which all the 
        hydrogen substituents have been replaced by fluorine.
            (5) Perfluorinated compound.--The term ``perfluorinated 
        compound'' means a perfluoroalkyl substance, or a 
        polyfluoroalkyl substance, that--
                    (A) is manmade; and
                    (B) contains at least 1 fully fluorinated carbon 
                atom.
            (6) State.--The term ``State'' has the meaning given such 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
    (b) Cooperative Agreement.--
            (1) In general.--On request by the Governor or chief 
        executive of a State, a Federal department or agency shall 
        enter into a cooperative agreement, or amend an existing 
        cooperative agreement, with such State pursuant to which the 
        Federal department or agency will conduct testing, monitoring, 
        removal, and remedial actions to address contamination or 
        suspected contamination of drinking water, surface water, 
        ground water, sediment, or soil from a perfluorinated compound 
        released at--
                    (A) a Federal facility; or
                    (B) a former Federal facility during the period in 
                which the former Federal facility was owned or operated 
                by the Federal Government.
            (2) Minimum standards.--A cooperative agreement entered 
        into or amended under paragraph (1) shall require that the 
        drinking water, surface water, ground water, sediment, or soil 
        with respect to which the cooperative agreement applies meet or 
        exceed each of the following with respect to perfluorinated 
        compounds, if applicable and appropriate:
                    (A) A State standard, requirement, criteria, or 
                limitation, in effect in the State, for drinking water, 
                surface water, ground water, sediment, or soil, 
                identified pursuant to section 121(d)(2)(A)(ii) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
                    (B) A health advisory level published pursuant to 
                section 1412(b)(1)(F) of the Safe Drinking Water Act 
                (42 U.S.C. 300g-1(b)(1)(F)).
                    (C) Any Federal standard, requirement, criterion, 
                or limit, including a standard, requirement, criterion, 
                or limit issued under--
                            (i) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (iv) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (v) the Marine Protection, Research, and 
                        Sanctuaries Act of 1972 (commonly known as the 
                        ``Ocean Dumping Act'') (33 U.S.C. 1401 et 
                        seq.); or
                            (vi) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.).
            (3) Reimbursement.--
                    (A) In general.--In carrying out a cooperative 
                agreement entered into or amended under paragraph (1), 
                the Federal department or agency may enter into an 
                agreement that provides for reimbursement to the State 
                for services of the State to assist the Federal 
                department or agency in carrying out the cooperative 
                agreement.
                    (B) Limitation.--An agreement with a State under 
                subparagraph (A) may not provide for reimbursement to 
                the State for enforcement activities.
    (c) Report Requirement.--
            (1) In general.--If a Federal department or agency fails to 
        enter into, or amend, a cooperative agreement pursuant to a 
        request by a Governor or chief executive of a State under 
        subsection (b) by the date is 1 year after the date of such 
        request, the President shall submit a report described in 
        paragraph (2) to--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (C) each Senator from a State affected by the 
                perfluorinated compound contamination at issue; and
                    (D) each member of the House of Representatives 
                that represents a district affected by the 
                perfluorinated compound contamination at issue.
            (2) Report described.--The report referred to in paragraph 
        (1) shall include--
                    (A) a detailed explanation of why a cooperative 
                agreement has not been entered into or amended, as 
                applicable; and
                    (B) a projected timeline for entering into or 
                amending a cooperative agreement, as applicable.

SEC. 3. DETERMINATION.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall make a 
determination whether to designate perfluorinated compounds, for which 
the risks are well characterized, as hazardous substances under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).
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