PFAS Action Act of 2019

Bill: 116-hr-535
Sponsor: Rep. Dingell, Debbie [D-MI-12]
Introduced: 2019-01-14 in the House
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Air quality
American Samoa
Aviation and airports
Congressional oversight
Consumer affairs
Criminal investigation, prosecution, interrogation
Environmental Protection Agency (EPA)
Environmental assessment, monitoring, research
Environmental health
Environmental regulatory procedures
Fires
Government information and archives
Government studies and investigations
Guam
Hazardous wastes and toxic substances
Licensing and registrations
Manufacturing
Northern Mariana Islands
Pollution liability
Poverty and welfare assistance
Product safety and quality
Racial and ethnic relations
Rural conditions and development
Solid waste and recycling
U.S. territories and protectorates
Virgin Islands
Water quality
Water use and supply

Summary:
action_date: 2019-01-14
text: 

PFAS Action Act of 2019

 
This bill requires the Environmental Protection Agency to designate all perfluoroalkyl and polyfluoroalkyl substances as hazardous substances within one year of enactment of this bill.

action_date: 2020-01-02
text: 

PFAS Action Act of 2019

 
This bill revises several environmental laws and requires the Environmental Protection Agency (EPA) to regulate perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
 
(Sec. 2) The bill designates certain PFAS as hazardous substances, thereby requiring remediation of releases of those PFAS into the environment. Within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances, individually or in groups.
 
(Sec. 3) The EPA must require that comprehensive toxicity testing be conducted on all PFAS. These rules shall require the development of information by any person who manufactures, processes, or intends to manufacture or process PFAS. The bill also provides guidelines for the development of these rules, including the methodologies and protocols to be used.
 
The bill revises when any PFAS may be exempt from testing or information submission and requires the EPA to publish a list of all exempt PFAS.
 
(Sec. 4) Currently, unless requirements for an exemption are met, persons planning to manufacture a chemical substance not listed on the EPA&rsquo;s inventory list or manufacture or process a chemical substance for a significant new use must comply with certain notification requirements. The bill prohibits PFAS from being exempted from these requirements.
 
For five years, the EPA shall prohibit the manufacture, processing, and distribution of PFAS not listed on the EPA&rsquo;s inventory list or the manufacture or processing of PFAS for a significant new use.
 
(Sec. 5) The bill requires the EPA to promulgate a national primary drinking water regulation for certain PFAS.
 
The EPA must publish a health advisory for PFAS not subject to a national primary drinking water regulation.
 
(Sec. 6) The EPA must include certain PFAS in the list of unregulated contaminants to be monitored by specified public water systems and to be included in the national drinking water occurrence database. The PFAS to be included are those for which a method to measure the level in drinking water has been validated by the EPA and are not subject to a national primary drinking water regulation. 
 
For public water systems serving fewer than 10,000 persons, the EPA shall pay the cost of testing and laboratory analysis for the required monitoring and may waive specified monitoring requirements for systems that do not have sufficient laboratory capacity.
 
(Sec. 7) The bill prohibits the EPA from imposing financial penalties for the first five years for a violation of a national primary drinking water regulation with respect to PFAS. 
 
(Sec. 8) The bill expands the drinking water state revolving fund program to include funding to address emerging contaminants, with a focus on PFAS. No less than 25% of the funds shall be used to provide grants to small and disadvantaged communities.
 
(Sec. 9) The bill adds specified PFAS to the Toxics Release Inventory. Entities subject to the requirements of the Toxics Release Inventory Program are required to report information related to their handling of chemicals included in the Toxics Release Inventory.
 
The bill also establishes a time line for the determinations on additional PFAS for inclusion on the Toxics Release Inventory.
 
(Sec. 10) The EPA must require persons who have manufactured PFAS at any time since January 1, 2011, to submit a report including specified information, such as the total amount of each substance manufactured or processed.
 
(Sec. 11) The bill directs the EPA to take final action on the proposed rule entitled &ldquo;Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule.&rdquo;
 
(Sec. 12) The bill requires the EPA to publish interim guidance on the destruction and disposal of PFAS and materials containing PFAS.
 
(Sec. 13) The EPA must establish a grant program to assist community water systems with the costs associated with treating water contaminated by PFAS.
 
(Sec. 14) Upon state request, federal departments or agencies must expedite cooperative agreements with states to address contamination by PFAS, or suspected contamination by PFAS, of drinking water, surface water, groundwater, land surface, or subsurface strata (e.g., underground rock or soil) originating from a federal facility. The cooperative agreements must meet or exceed the most stringent of specified standards.
 
(Sec. 15) In relation to the regulation of toxic air pollutants, the EPA must (1) issue a final rule adding PFAS to the list of hazardous air pollutants, and (2) revise the list of air pollution sources within 365 days after issuing the rule to include categories and subcategories of major sources and area sources of PFAS.
 
(Sec. 16) The EPA must regulate the disposal procedures for materials containing PFAS or aqueous film forming foam. For criminal penalty purposes, materials containing PFAS shall be considered hazardous waste.
 
(Sec. 17) The bill requires the EPA to (1) revise the Safer Choice Standard of the Safer Choice Program to identify the requirements that pots, pans, or cooking utensils must meet in order to be labeled with a Safer Choice label, including a requirement that pots, pans, or cooking utensils do not contain PFAS; or (2) establish a voluntary label available for use by any manufacturer of any pot, pan, or cooking utensil that the EPA has reviewed and found does not contain any PFAS. The Safer Choice Program helps consumers and businesses find products with safer chemical ingredients through Safer Choice labels.
 
(Sec. 18) Finally, the EPA must issue guidance on minimizing the use by first responders of firefighting foam and other related equipment containing any PFAS, without jeopardizing firefighting efforts.

action_date: 2020-01-10
text: 

PFAS Action Act of 2019

 
This bill revises several environmental laws and requires the Environmental Protection Agency (EPA) to regulate perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
 
(Sec. 2) The bill designates certain PFAS as hazardous substances, thereby requiring remediation of releases of those PFAS into the environment. Within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances, individually or in groups. 
 
The bill exempts public agencies or private owners of public airports that receive federal funding from liability for remediation of certain releases of PFAS into the environment resulting from the use of aqueous film forming foam.
 
(Sec. 3) The EPA must require that comprehensive toxicity testing be conducted on all PFAS. These rules shall require the development of information by any person who manufactures, processes, or intends to manufacture or process PFAS. The bill also provides guidelines for the development of these rules, including the methodologies and protocols to be used.
 
The bill revises when any PFAS may be exempt from testing or information submission and requires the EPA to publish a list of all exempt PFAS.
 
(Sec. 4) Currently, unless requirements for an exemption are met, persons planning to manufacture a chemical substance not listed on the EPA&rsquo;s inventory list or manufacture or process a chemical substance for a significant new use must comply with certain notification requirements. The bill prohibits PFAS from being exempted from these requirements.
 
For five years, the EPA shall prohibit the manufacture, processing, and distribution of PFAS not listed on the EPA&rsquo;s inventory list or the manufacture or processing of PFAS for a significant new use.
 
(Sec. 5) The bill requires the EPA to promulgate a national primary drinking water regulation for certain PFAS.
 
The EPA must publish a health advisory for PFAS not subject to a national primary drinking water regulation.
 
(Sec. 6) The bill prohibits the EPA from imposing financial penalties for the first five years for a violation of a national primary drinking water regulation with respect to PFAS.
 
(Sec. 7) The EPA must establish a grant program to assist community water systems with the costs associated with treating water contaminated by PFAS.
 
(Sec. 8) In relation to the regulation of toxic air pollutants, the EPA must (1) issue a final rule adding certain PFAS to the list of hazardous air pollutants, and (2) revise the list of air pollution sources within 365 days after issuing the rule to include categories and subcategories of major sources and area sources of PFAS. Within five years, the EPA must determine whether to issue a final rule adding the remaining PFAS to the list of hazardous air pollutants.
 
(Sec. 9) The EPA must regulate the disposal procedures for materials containing PFAS or aqueous film forming foam. For criminal penalty purposes, materials containing PFAS shall be considered hazardous waste.
 
(Sec. 10) The bill requires the EPA to (1) revise the Safer Choice Standard of the Safer Choice Program to identify the requirements that specified products (e.g., cooking utensils) must meet in order to be labeled with a Safer Choice label, including a requirement that any such product does not contain PFAS; or (2) establish a voluntary label available for use by any manufacturer of any specified product that the EPA has reviewed and found does not contain any PFAS. The Safer Choice Program helps consumers and businesses find products with safer chemical ingredients through Safer Choice labels.
 
(Sec. 11) The EPA must issue guidance on minimizing the use by first responders of firefighting foam and other related equipment containing any PFAS, without jeopardizing firefighting efforts.
 
(Sec. 12) The EPA must investigate methods to prevent contamination by specified PFAS of surface waters, including those used for drinking water. 
 
(Sec. 13) The bill requires an owner or operator of an industrial source that introduces PFAS into treatment works (systems that treat municipal sewage or industrial wastes) to provide specified notices to such treatment works, including the identity and quantity of such PFAS. 
 
(Sec. 14) The EPA must establish a website containing specified information relating to the testing of household well water, including a list of certified laboratories that analyze samples.
 
(Sec. 15) The EPA must develop a risk-communication strategy to inform the public about the hazards of PFAS.
 
(Sec. 16) The bill authorizes the drinking water state revolving fund program to provide assistance to the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam to address emerging contaminants, with a focus on PFAS.
 
(Sec. 17) Finally, based on results of biennial reviews related to the discharge of PFAS from point sources that are not publicly owned treatment works, the EPA shall, for certain measureable PFAS, add the PFAS to the list of toxic pollutants, or establish effluent limitations and pretreatment standards.
 
Within two years of the enactment of this bill, the EPA must publish human health water quality criteria for certain PFAS.
 
The EPA shall award grants to owners and operators of publicly owned treatment works to help implement the pretreatment standards for PFAS developed by the EPA.

Legislative actions:
action_date: 2020-01-13
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
action_date: 2020-01-10
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-01-10
text: On passage Passed by the Yeas and Nays: 247 - 159 (Roll no. 13).
action_date: 2020-01-10
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 159 (Roll no. 13).
action_date: 2020-01-10
text: On motion to recommit with instructions Failed by recorded vote: 187 - 219 (Roll no. 12).
action_date: 2020-01-10
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2020-01-10
text: DEBATE - The House proceeded with 10 minutes of debate on the Rodgers (WA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment including language "unborn child" to the testing procedure described in such national primary drinking water regulation by publishing the procedure or method in the Federal Register in accordance with section 1401 (1)(D).
action_date: 2020-01-10
text: Mrs. Rodgers (WA) moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H162)
action_date: 2020-01-10
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2020-01-10
text: The previous question was ordered pursuant to the rule.
action_date: 2020-01-10
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 535.
action_date: 2020-01-10
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Slotkin amendment No. 22.
action_date: 2020-01-10
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Levin (MI) amendment No. 21.
action_date: 2020-01-10
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Malinowski amendment No. 20, as modified.
action_date: 2020-01-10
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Tlaib amendment No. 19.
action_date: 2020-01-10
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2020-01-10
text: Considered as unfinished business. (consideration: CR H153-164)
action_date: 2020-01-09
text: Committee of the Whole House on the state of the Union rises leaving H.R. 535 as unfinished business.
action_date: 2020-01-09
text: On motion that the Committee rise Agreed to by voice vote.
action_date: 2020-01-09
text: Mr. Tonko moved that the Committee rise.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Axne amendment No. 18, as modified.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Golden amendment No. 17.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Brindisi amendment No. 16.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Brindisi amendment No. 15.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Plaskett amendment No. 14.
action_date: 2020-01-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Pappas amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Tonko demanded a recorded vote and the Chair postponed further proceedings on the Pappas amendment until a time to be announced.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Pappas amendment No. 13.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (MD) amendment No. 12.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Rice (NY) amendment No. 11.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko amendment No. 10.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee amendment No. 9
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Pingree amendment No. 8.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Delgado amendment No. 7
action_date: 2020-01-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Balderson amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Tonko demanded a recorded vote and the Chair postponed further proceedings on the Balderson amendment until a time to be announced.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Balderson amendment No. 6.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Hudson amendment No. 5.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Hudson amendment No. 4.
action_date: 2020-01-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Burgess amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Burgess demanded a recorded vote and the Chair postponed further proceedings on the Burgess amendment until a time to be announced.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess amendment No. 2.
action_date: 2020-01-09
text: DEBATE - Pursuant to the provisions of H. Res. 779, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment No. 1.
action_date: 2020-01-09
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 535.
action_date: 2020-01-09
text: The Speaker designated the Honorable Daniel T. Kildee to act as Chairman of the Committee.
action_date: 2020-01-09
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 779 and Rule XVIII.
action_date: 2020-01-09
text: Rule provides for consideration of H.R. 535 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2020-01-09
text: Considered under the provisions of rule H. Res. 779. (consideration: CR H116-142; text: CR H125-127)
action_date: 2020-01-08
text: Rule H. Res. 779 passed House.
action_date: 2020-01-07
text: Rules Committee Resolution H. Res. 779 Reported to House. Rule provides for consideration of H.R. 535 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2020-01-02
text: Placed on the Union Calendar, Calendar No. 289.
action_date: 2020-01-02
text: Committee on Transportation discharged.
action_date: 2020-01-02
text: Committee on Transportation discharged.
action_date: 2020-01-02
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-364, Part I.
action_date: 2020-01-02
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-364, Part I.
action_date: 2019-11-20
text: Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 19.
action_date: 2019-11-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2019-09-26
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2019-09-26
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2019-02-07
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2019-01-25
text: Referred to the Subcommittee on Environment and Climate Change.
action_date: 2019-01-14
text: 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.
action_date: 2019-01-14
text: 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.
action_date: 2019-01-14
text: Introduced in House
action_date: 2019-01-14
text: Introduced in House