IIB
117TH CONGRESS
1ST SESSION H. R. 2467
IN THE SENATE OF THE UNITED STATES
JULY 22, 2021
Received; read twice and referred to the Committee on Environment and Public Works
AN ACT
To require the Administrator of the Environmental Protec- tion Agency to designate per- and polyfluoroalkyl sub-
stances as hazardous substances under the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS
2 HR 2467 RFS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) S HORT TITLE.—This Act may be cited as the 2
‘‘PFAS Action Act of 2021’’. 3
(b) TABLE OF CONTENTS.—The table of contents for 4
this Act is as follows: 5
Sec. 1. Short title; table of contents.
Sec. 2. Designation as hazardous substances.
Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances.
Sec. 4. Manufacturing and processing notices for perfluoroalkyl and polyfluoroalkyl substances.
Sec. 5. National primary drinking water regulations for PFAS.
Sec. 6. Enforcement.
Sec. 7. Establishment of PFAS infrastructure grant program.
Sec. 8. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants.
Sec. 9. Prohibition on unsafe waste incineration of PFAS.
Sec. 10. Label for PFAS-free products.
Sec. 11. Guidance on minimizing the use of firefighting foam and other related equipment containing any PFAS.
Sec. 12. Investigation of prevention of contamination by GenX.
Sec. 13. Disclosure of introductions of PFAS.
Sec. 14. Household well water testing website.
Sec. 15. Risk-communication strategy.
Sec. 16. Assistance to Territories for addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances.
Sec. 17. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS.
Sec. 18. School drinking water testing and filtration grant program.
Sec. 19. Analytical reference standards for PFAS.
SEC. 2. DESIGNATION AS HAZARDOUS SUBSTANCES.
6 (a) D ESIGNATION.—Not later than 1 year after the 7
date of enactment of this Act, the Administrator of the 8 Environmental Protection Agency shall designate 9
perfluorooctanoic acid and its salts, and 10
perfluoroactanesulfonic acid and its salts, as hazardous 11 substances under section 102(a) of the Comprehensive En-12 vironmental Response, Compensation, and Liability Act of 13 1980 (42 U.S.C. 9602(a)). 14
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 3 HR 2467 RFS
(b) D EADLINE FOR ADDITIONAL DETERMINA-1
TIONS.—Not later than 5 years after the date of enact-2 ment of this Act, the Administrator of the Environmental 3 Protection Agency shall determine whether to designate 4 all perfluoroalkyl and polyfluoroalkyl substances, other 5 than those perfluoroalkyl and polyfluoroalkyl substances 6 designated pursuant to subsection (a), as hazardous sub-7 stances under section 102(a) of the Comprehensive Envi-8 ronmental Response, Compensation, and Liability Act of 9 1980 (42 U.S.C. 9602(a)) individually or in groups. 10
(c) AIRPORT SPONSORS.— 11
(1) I N GENERAL .—No sponsor, including a 12
sponsor of the civilian portion of a joint-use airport 13 or a shared-use airport (as such terms are defined 14
in section 139.5 of title 14, Code of Federal Regula-15 tions (or a successor regulation)), shall be liable 16
under the Comprehensive Environmental Response, 17
Compensation, and Liability Act of 1980 (42 U.S.C. 18
9601 et seq.) for the costs of responding to, or dam-19 ages resulting from, a release to the environment of 20 a perfluoroalkyl or polyfluoroalkyl substance des-21
ignated as a hazardous substance under section 22
102(a) of such Act that resulted from the use of 23
aqueous film forming foam agent, if such use was— 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 4 HR 2467 RFS
(A) required by the Federal Aviation Ad-1
ministration for compliance with part 139 of 2
title 14, Code of Federal Regulations; and 3
(B) carried out in accordance with Federal 4
Aviation Administration standards and guid-5
ance on the use of such substance. 6
(2) SPONSOR DEFINED .—In this subsection, the 7
term ‘‘sponsor’’ has the meaning given such term in 8
section 47102 of title 49, United States Code. 9
(d) P UBLIC AVAILABILITY.—Not later than 60 days 10
after making a determination under subsection (b), the 11 Administrator of the Environmental Protection Agency 12 shall make the results of such determination publicly avail-13 able on the website of the Environmental Protection Agen-14 cy. 15
(e) REVIEW.— 16
(1) I N GENERAL .—Not later than 5 years after 17
the date of the enactment of this Act, the Adminis-18
trator of the Environmental Protection Agency shall 19
submit to the appropriate congressional committees 20
a report containing a review of actions by the Envi-21
ronmental Protection Agency to clean up contamina-22
tion of the substances designated pursuant to sub-23
section (a). 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 5 HR 2467 RFS
(2) M ATTERS INCLUDED .— The report under 1
paragraph (1) shall include an assessment of clean-2
up progress and effectiveness, including the fol-3
lowing: 4
(A) The number of sites where the Envi-5
ronmental Protection Agency has acted to re-6
mediate contamination of the substances des-7
ignated pursuant to subsection (a). 8
(B) Which types of chemicals relating to 9
such substances were present at each site and 10
the extent to which each site was contaminated. 11
(C) An analysis of discrepancies in cleanup 12
between Federal and non-Federal contamina-13
tion sites. 14
(D) Any other elements the Administrator 15
may determine necessary. 16
(3) A PPROPRIATE CONGRESSIONAL COMMIT -17
TEES DEFINED .—In this subsection, the term ‘‘ap-18
propriate congressional committees’’ means the fol-19
lowing: 20
(A) The Committee on Energy and Com-21
merce of the House of Representatives. 22
(B) The Committee on the Environment 23
and Public Works of the Senate. 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 6 HR 2467 RFS
SEC. 3. TESTING OF PERFLUOROALKYL AND 1
POLYFLUOROALKYL SUBSTANCES. 2
(a) T ESTING REQUIREMENTS.—Section 4(a) of the 3
Toxic Substances Control Act (15 U.S.C. 2603(a)) is 4
amended by adding at the end the following: 5
‘‘(5) P ERFLUOROALKYL AND 6
POLYFLUOROALKYL SUBSTANCES RULE .— 7
‘‘(A) R ULE.—Notwithstanding paragraphs 8
(1) through (3), the Administrator shall, by 9
rule, require that comprehensive toxicity testing 10
be conducted on all chemical substances that 11
are perfluoroalkyl or polyfluoroalkyl substances. 12
‘‘(B) R EQUIREMENTS.—In issuing a rule 13
under subparagraph (A), the Administrator— 14
‘‘(i) may establish categories of 15
perfluoroalkyl and polyfluoroalkyl sub-16
stances based on hazard characteristics or 17
chemical properties; 18
‘‘(ii) shall require the development of 19
information relating to perfluoroalkyl and 20
polyfluoroalkyl substances that the Admin-21
istrator determines is likely to be useful in 22
evaluating the hazard and risk posed by 23
such substances in land, air, and water (in-24
cluding drinking water and water used for 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 7 HR 2467 RFS
agricultural purposes), as well as in prod-1
ucts; and 2
‘‘(iii) may allow for varied or tiered 3
testing requirements based on hazard char-4
acteristics or chemical properties of 5
perfluoroalkyl and polyfluoroalkyl sub-6
stances or categories of perfluoroalkyl and 7
polyfluoroalkyl substances. 8
‘‘(C) D EADLINES.—The Administrator 9
shall issue— 10
‘‘(i) a proposed rule under subpara-11
graph (A) not later than 6 months after 12
the date of enactment of this paragraph; 13
and 14
‘‘(ii) a final rule under subparagraph 15
(A) not later than 2 years after the date 16
of enactment of this paragraph.’’. 17
(b) PERSONS SUBJECT TO RULE.—Section 4(b)(3) of 18
the Toxic Substances Control Act (15 U.S.C. 2603(b)(3)) 19 is amended— 20
(1) in subparagraph (A), by striking ‘‘subpara-21
graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 22 (C), or (D)’’; and 23
(2) by adding at the end the following: 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 8 HR 2467 RFS
‘‘(D) A rule under subsection (a)(5) shall require the 1 development of information by any person who manufac-2
tures or processes, or intends to manufacture or process, 3 a chemical substance that is a perfluoroalkyl or 4
polyfluoroalkyl substance.’’. 5
(c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB-6
STANCES.—Section 4 of the Toxic Substances Control Act 7 (15 U.S.C. 2603) is amended by adding at the end the 8
following: 9
‘‘(i) P ERFLUOROALKYL AND POLYFLUOROALKYL 10
SUBSTANCES.— 11
‘‘(1) TESTING REQUIREMENT RULE .— 12
‘‘(A) P ROTOCOLS AND METHODOLOGIES .— 13
In determining the protocols and methodologies 14
to be included pursuant to subsection (b)(1) in 15
a rule under subsection (a)(5), the Adminis-16
trator shall allow for protocols and methodolo-17
gies that test chemical substances that are 18
perfluoroalkyl and polyfluoroalkyl substances as 19
a class. 20
‘‘(B) P ERIOD.—In determining the period 21
to be included pursuant to subsection (b)(1) in 22
a rule under subsection (a)(5), the Adminis-23
trator shall ensure that the period is as short 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 9 HR 2467 RFS
as possible while allowing for completion of the 1
required testing. 2
‘‘(2) E XEMPTIONS.—In carrying out subsection 3
(c) with respect to a chemical substance that is a 4
perfluoroalkyl or polyfluoroalkyl substance, the Ad-5
ministrator— 6
‘‘(A) may only determine under subsection 7
(c)(2) that information would be duplicative if 8
the chemical substance with respect to which 9
the application for exemption is submitted is in 10
the same category, as established under sub-11
section (a)(5)(B)(i), as a chemical substance for 12
which information has been submitted to the 13
Administrator in accordance with a rule, order, 14
or consent agreement under subsection (a) or 15
for which information is being developed pursu-16
ant to such a rule, order, or consent agreement; 17
and 18
‘‘(B) shall publish a list of all such chem-19
ical substances for which an exemption under 20
subsection (c) is granted.’’. 21
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 10 HR 2467 RFS
SEC. 4. MANUFACTURING AND PROCESSING NOTICES FOR 1
PERFLUOROALKYL AND POLYFLUOROALKYL 2
SUBSTANCES. 3
Section 5 of the Toxic Substances Control Act (15 4
U.S.C. 2604) is amended— 5
(1) in subsection (h), by adding at the end the 6
following: 7
‘‘(7) PFAS.— 8
‘‘(A) I N GENERAL .—Except as provided in 9
subparagraph (B), this subsection does not 10
apply to any chemical substance that is a 11
perfluoroalkyl or polyfluoroalkyl substance. 12
‘‘(B) D RUGS AND DEVICES .—Paragraph 13
(3) applies to a chemical substance that is a 14
perfluoroalkyl or polyfluoroalkyl substance 15
which is manufactured or processed, or pro-16
posed to be manufactured or processed, solely 17
for purposes of— 18
‘‘(i) scientific experimentation or anal-19
ysis with respect to a drug or device (as 20
such terms are defined in section 201 of 21
the Federal Food, Drug, and Cosmetic 22
Act) or personal protective equipment (as 23
such term is defined in section 20005 of 24
the CARES Act); or 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 11 HR 2467 RFS
‘‘(ii) chemical research on, or analysis 1
of, such a chemical substance for the devel-2
opment of a drug or device (as such terms 3
are defined in section 201 of the Federal 4
Food, Drug, and Cosmetic Act) or personal 5
protective equipment (as such term is de-6
fined in section 20005 of the CARES 7
Act).’’; and 8
(2) by adding at the end the following: 9
‘‘(j) P ERFLUOROALKYL AND POLYFLUOROALKYL 10
SUBSTANCES.— 11
‘‘(1) D ETERMINATION.—For a period of 5 12
years beginning on the date of enactment of this 13
subsection, any chemical substance that is a 14
perfluoroalkyl or polyfluoroalkyl substance for which 15 a notice is submitted under subsection (a) shall be 16
deemed to have been determined by the Adminis-17
trator to present an unreasonable risk of injury to 18
health or the environment under paragraph (3)(A) 19
of such subsection. 20
‘‘(2) O RDER.—Notwithstanding subsection 21
(a)(3)(A), for a chemical substance described in 22
paragraph (1) of this subsection, the Administrator 23
shall issue an order under subsection (f)(3) to pro-24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 12 HR 2467 RFS
hibit the manufacture, processing, and distribution 1
in commerce of such chemical substance.’’. 2
SEC. 5. NATIONAL PRIMARY DRINKING WATER REGULA-3
TIONS FOR PFAS. 4
Section 1412(b) of the Safe Drinking Water Act (42 5
U.S.C. 300g–1(b)) is amended by adding at the end the 6 following: 7
‘‘(16) P ERFLUOROALKYL AND 8
POLYFLUOROALKYL SUBSTANCES .— 9
‘‘(A) IN GENERAL .—Not later than 2 years 10
after the date of enactment of this paragraph, 11
the Administrator shall, after notice and oppor-12
tunity for public comment, promulgate a na-13
tional primary drinking water regulation for 14
perfluoroalkyl and polyfluoroalkyl substances, 15
which shall, at a minimum, include standards 16
for— 17
‘‘(i) perfluorooctanoic acid (commonly 18
referred to as ‘PFOA’); and 19
‘‘(ii) perfluorooctane sulfonic acid 20
(commonly referred to as ‘PFOS’). 21
‘‘(B) ALTERNATIVE PROCEDURES .— 22
‘‘(i) I N GENERAL .—Not later than 1 23
year after the validation by the Adminis-24
trator of an equally effective quality con-25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 13 HR 2467 RFS
trol and testing procedure to ensure com-1
pliance with the national primary drinking 2
water regulation promulgated under sub-3
paragraph (A) to measure the levels de-4
scribed in clause (ii) or other methods to 5
detect and monitor perfluoroalkyl and 6
polyfluoroalkyl substances in drinking 7
water, the Administrator shall add the pro-8
cedure or method as an alternative to the 9
quality control and testing procedure de-10
scribed in such national primary drinking 11
water regulation by publishing the proce-12
dure or method in the Federal Register in 13
accordance with section 1401(1)(D). 14
‘‘(ii) L EVELS DESCRIBED .—The levels 15
referred to in clause (i) are— 16
‘‘(I) the level of a perfluoroalkyl 17
or polyfluoroalkyl substance; 18
‘‘(II) the total levels of 19
perfluoroalkyl and polyfluoroalkyl sub-20
stances; and 21
‘‘(III) the total levels of organic 22
fluorine. 23
‘‘(C) I NCLUSIONS.—The Administrator 24
may include a perfluoroalkyl or polyfluoroalkyl 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 14 HR 2467 RFS
substance or class of perfluoroalkyl or 1
polyfluoroalkyl substances on— 2
‘‘(i) the list of contaminants for con-3
sideration of regulation under paragraph 4
(1)(B)(i), in accordance with such para-5
graph; and 6
‘‘(ii) the list of unregulated contami-7
nants to be monitored under section 8
1445(a)(2)(B)(i), in accordance with such 9
section. 10
‘‘(D) M ONITORING.—When establishing 11
monitoring requirements for public water sys-12
tems as part of a national primary drinking 13
water regulation under subparagraph (A) or 14
subparagraph (G)(ii), the Administrator shall 15
tailor the monitoring requirements for public 16
water systems that do not detect or are reliably 17
and consistently below the maximum contami-18
nant level (as defined in section 1418(b)(2)(B)) 19
for the perfluoroalkyl or polyfluoroalkyl sub-20
stance or class of perfluoroalkyl or 21
polyfluoroalkyl substances subject to the na-22
tional primary drinking water regulation. 23
‘‘(E) HEALTH PROTECTION .—The national 24
primary drinking water regulation promulgated 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 15 HR 2467 RFS
under subparagraph (A) shall be protective of 1
the health of subpopulations at greater risk, as 2
described in section 1458. 3
‘‘(F) H EALTH RISK REDUCTION AND COST 4
ANALYSIS.—In meeting the requirements of 5
paragraph (3)(C), the Administrator may rely 6
on information available to the Administrator 7
with respect to one or more specific 8
perfluoroalkyl or polyfluoroalkyl substances to 9
extrapolate reasoned conclusions regarding the 10
health risks and effects of a class of 11
perfluoroalkyl or polyfluoroalkyl substances of 12
which the specific perfluoroalkyl or 13
polyfluoroalkyl substances are a part. 14
‘‘(G) R EGULATION OF ADDITIONAL SUB -15
STANCES.— 16
‘‘(i) D ETERMINATION.—The Adminis-17
trator shall make a determination under 18
paragraph (1)(A), using the criteria de-19
scribed in clauses (i) through (iii) of that 20
paragraph, whether to include a 21
perfluoroalkyl or polyfluoroalkyl substance 22
or class of perfluoroalkyl or polyfluoroalkyl 23
substances in the national primary drink-24
ing water regulation under subparagraph 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 16 HR 2467 RFS
(A) not later than 18 months after the 1
later of— 2
‘‘(I) the date on which the 3
perfluoroalkyl or polyfluoroalkyl sub-4
stance or class of perfluoroalkyl or 5
polyfluoroalkyl substances is listed on 6
the list of contaminants for consider-7
ation of regulation under paragraph 8
(1)(B)(i); and 9
‘‘(II) the date on which— 10
‘‘(aa) the Administrator has 11
received the results of monitoring 12
under section 1445(a)(2)(B) for 13
the perfluoroalkyl or 14
polyfluoroalkyl substance or class 15
of perfluoroalkyl or 16
polyfluoroalkyl substances; or 17
‘‘(bb) the Administrator has 18
received reliable water data or 19
water monitoring surveys for the 20
perfluoroalkyl or polyfluoroalkyl 21
substance or class of 22
perfluoroalkyl or polyfluoroalkyl 23
substances from a Federal or 24
State agency that the Adminis-25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 17 HR 2467 RFS
trator determines to be of a qual-1
ity sufficient to make a deter-2
mination under paragraph 3
(1)(A). 4
‘‘(ii) PRIMARY DRINKING WATER REG -5
ULATIONS.— 6
‘‘(I) I N GENERAL .—For each 7
perfluoroalkyl or polyfluoroalkyl sub-8
stance or class of perfluoroalkyl or 9
polyfluoroalkyl substances that the 10
Administrator determines to regulate 11
under clause (i), the Administrator— 12
‘‘(aa) not later than 18 13
months after the date on which 14
the Administrator makes the de-15
termination, shall propose a na-16
tional primary drinking water 17
regulation for the perfluoroalkyl 18
or polyfluoroalkyl substance or 19
class of perfluoroalkyl or 20
polyfluoroalkyl substances; and 21
‘‘(bb) may publish the pro-22
posed national primary drinking 23
water regulation described in 24
item (aa) concurrently with the 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 18 HR 2467 RFS
publication of the determination 1
to regulate the perfluoroalkyl or 2
polyfluoroalkyl substance or class 3
of perfluoroalkyl or 4
polyfluoroalkyl substances. 5
‘‘(II) DEADLINE.— 6
‘‘(aa) I N GENERAL .—Not 7
later than 1 year after the date 8
on which the Administrator pub-9
lishes a proposed national pri-10
mary drinking water regulation 11
under clause (i)(I) and subject to 12
item (bb), the Administrator 13
shall take final action on the pro-14
posed national primary drinking 15
water regulation. 16
‘‘(bb) E XTENSION.—The 17
Administrator, on publication of 18
notice in the Federal Register, 19
may extend the deadline under 20
item (aa) by not more than 6 21
months. 22
‘‘(H) HEALTH ADVISORY .— 23
‘‘(i) I N GENERAL .—Subject to clause 24
(ii), the Administrator shall publish a 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 19 HR 2467 RFS
health advisory under paragraph (1)(F) for 1
a perfluoroalkyl or polyfluoroalkyl sub-2
stance or class of perfluoroalkyl or 3
polyfluoroalkyl substances not subject to a 4
national primary drinking water regulation 5
not later than 1 year after the later of— 6
‘‘(I) the date on which the Ad-7
ministrator finalizes a toxicity value 8
for the perfluoroalkyl or 9
polyfluoroalkyl substance or class of 10
perfluoroalkyl or polyfluoroalkyl sub-11
stances; and 12
‘‘(II) the date on which the Ad-13
ministrator validates an effective qual-14
ity control and testing procedure for 15
the perfluoroalkyl or polyfluoroalkyl 16
substance or class of perfluoroalkyl or 17
polyfluoroalkyl substances. 18
‘‘(ii) W AIVER.—The Administrator 19
may waive the requirements of clause (i) 20
with respect to a perfluoroalkyl or 21
polyfluoroalkyl substance or class of 22
perfluoroalkyl and polyfluoroalkyl sub-23
stances if the Administrator determines 24
that there is a substantial likelihood that 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 20 HR 2467 RFS
the perfluoroalkyl or polyfluoroalkyl sub-1
stance or class of perfluoroalkyl or 2
polyfluoroalkyl substances will not occur in 3
drinking water with sufficient frequency to 4
justify the publication of a health advisory, 5
and publishes such determination, includ-6
ing the information and analysis used, and 7
basis for, such determination, in the Fed-8
eral Register.’’. 9
SEC. 6. ENFORCEMENT. 10
Notwithstanding any other provision of law, the Ad-11
ministrator of the Environmental Protection Agency may 12 not impose financial penalties for the violation of a na-13 tional primary drinking water regulation (as defined in 14 section 1401 of the Safe Drinking Water Act (42 U.S.C. 15 300f)) with respect to a perfluoroalkyl or polyfluoroalkyl 16 substance or class of perfluoroalkyl or polyfluoroalkyl sub-17 stances for which a national primary drinking water regu-18 lation has been promulgated under section 1412(b)(16) of 19 the Safe Drinking Water Act earlier than the date that 20 is 5 years after the date on which the Administrator pro-21 mulgates the national primary drinking water regulation. 22 VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 21 HR 2467 RFS
SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUCTURE 1
GRANT PROGRAM. 2
Part E of the Safe Drinking Water Act (42 U.S.C. 3
300j et seq.) is amended by adding at the end the fol-4 lowing new section: 5
‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS-6
TEMS AFFECTED BY PFAS. 7
‘‘(a) E STABLISHMENT.—Not later than 180 days 8
after the date of enactment of this section, the Adminis-9 trator shall establish a program to award grants to af-10 fected community water systems to pay for capital costs 11 associated with the implementation of eligible treatment 12 technologies. 13
‘‘(b) APPLICATIONS.— 14
‘‘(1) G UIDANCE.—Not later than 12 months 15
after the date of enactment of this section, the Ad-16
ministrator shall publish guidance describing the 17
form and timing for community water systems to 18
apply for grants under this section. 19
‘‘(2) R EQUIRED INFORMATION .—The Adminis-20
trator shall require a community water system ap-21
plying for a grant under this section to submit— 22
‘‘(A) information showing the presence of 23
PFAS in water of the community water system; 24
and 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 22 HR 2467 RFS
‘‘(B) a certification that the treatment 1
technology in use by the community water sys-2
tem at the time of application is not sufficient 3
to meet all applicable standards, and all appli-4
cable health advisories published pursuant to 5
section 1412(b)(1)(F), for perfluoroalkyl and 6
polyfluoroalkyl substances. 7
‘‘(c) L IST OF ELIGIBLE TREATMENT TECH-8
NOLOGIES.—Not later than 150 days after the date of en-9 actment of this section, and every 2 years thereafter, the 10 Administrator shall publish a list of treatment tech-11 nologies that the Administrator determines are the most 12 effective at removing perfluoroalkyl and polyfluoroalkyl 13 substances from drinking water. 14
‘‘(d) P RIORITY FOR FUNDING.—In awarding grants 15
under this section, the Administrator shall prioritize an 16 affected community water system that— 17
‘‘(1) serves a disadvantaged community; 18
‘‘(2) will provide at least a 10-percent cost 19
share for the cost of implementing an eligible treat-20 ment technology; 21
‘‘(3) demonstrates the capacity to maintain the 22
eligible treatment technology to be implemented 23
using the grant; or 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 23 HR 2467 RFS
‘‘(4) is located within an area with respect to 1
which the Administrator has published a determina-2
tion under the first sentence of section 1424(e) re-3
lating to an aquifer that is the sole or principal 4
drinking water source for the area. 5
‘‘(e) N O INCREASED BONDING AUTHORITY.— 6
Amounts awarded to affected community water systems 7
under this section may not be used as a source of payment 8 of, or security for (directly or indirectly), in whole or in 9 part, any obligation the interest on which is exempt from 10 the tax imposed under chapter 1 of the Internal Revenue 11 Code of 1986. 12
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 13
‘‘(1) I N GENERAL .—There is authorized to be 14
appropriated to carry out this section not more than 15 $500,000,000 for each of fiscal years 2022 through 16
2026. 17
‘‘(2) S PECIAL RULE .—Of the amounts author-18
ized to be appropriated by paragraph (1), 19
$25,000,000 are authorized to be appropriated for 20
each of fiscal years 2022 and 2023 for grants under 21
subsection (a) to pay for capital costs associated 22
with the implementation of eligible treatment tech-23
nologies during the period beginning on October 1, 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 24 HR 2467 RFS
2014, and ending on the date of enactment of this 1
section. 2
‘‘(g) DEFINITIONS.—In this section: 3
‘‘(1) AFFECTED COMMUNITY WATER SYSTEM .— 4
The term ‘affected community water system’ means 5
a community water system that is affected by the 6
presence of PFAS in the water in the community 7
water system. 8
‘‘(2) D ISADVANTAGED COMMUNITY .—The term 9
‘disadvantaged community’ has the meaning given 10
that term in section 1452. 11
‘‘(3) D ISPROPORTIONATELY EXPOSED COMMU -12
NITY.—The term ‘disproportionately exposed com-13
munity’ means a community in which climate 14
change, pollution, or environmental destruction have 15 exacerbated systemic racial, regional, social, environ-16 mental, and economic injustices by disproportion-17
ately affecting indigenous peoples, communities of 18
color, migrant communities, deindustrialized commu-19
nities, depopulated rural communities, the poor, low- 20 income workers, women, the elderly, the unhoused, 21
people with disabilities, or youth. 22
‘‘(4) E LIGIBLE TREATMENT TECHNOLOGY .— 23
The term ‘eligible treatment technology’ means a 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 25 HR 2467 RFS
treatment technology included on the list published 1
under subsection (c). 2
‘‘(5) PFAS.—The term ‘PFAS’ means a 3
perfluoroalkyl or polyfluoroalkyl substance with at 4
least one fully fluorinated carbon atom, including the 5 chemical GenX.’’. 6
SEC. 8. LISTING OF PERFLUOROALKYL AND 7
POLYFLUOROALKYL SUBSTANCES AS HAZ-8
ARDOUS AIR POLLUTANTS. 9
(a) LISTING.— 10
(1) I NITIAL LISTING .—Not later than 180 days 11
after the date of enactment of this Act, the Adminis-12 trator of the Environmental Protection Agency shall 13
issue a final rule adding perfluorooctanoic acid and 14 its salts, and perfluoroactanesulfonic acid and its 15
salts, to the list of hazardous air pollutants under 16 section 112(b) of the Clean Air Act (42 U.S.C. 17
7412(b)). 18
(2) A DDITIONAL LISTINGS .—Not later than 5 19
years after the date of enactment of this Act, the 20
Administrator of the Environmental Protection 21
Agency shall determine whether to issue, in accord-22
ance with section 112 of the Clean Air Act (42 23
U.S.C. 7412), any final rules adding perfluoroalkyl 24
and polyfluoroalkyl substances, other than those 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 26 HR 2467 RFS
perfluoroalkyl and polyfluoroalkyl substances listed 1
pursuant to paragraph (1), to the list of hazardous 2
air pollutants under section 112(b) of such Act. 3
(b) SOURCES CATEGORIES.—Not later than 365 days 4
after any final rule is issued pursuant to subsection (a), 5 the Administrator of the Environmental Protection Agen-6 cy shall revise the list under section 112(c)(1) of the Clean 7 Air Act (42 U.S.C. 7412(c)(1)) to include categories and 8 subcategories of major sources and area sources of 9
perfluoroalkyl and polyfluoroalkyl substances listed pursu-10 ant to such final rule. 11
SEC. 9. PROHIBITION ON UNSAFE WASTE INCINERATION OF 12
PFAS. 13
Section 3004 of the Solid Waste Disposal Act (42 14
U.S.C. 6924) is amended by adding at the end the fol-15 lowing new subsection: 16
‘‘(z) PFAS WASTES.— 17
‘‘(1) F IREFIGHTING FOAM .—Not later than 6 18
months after the date of enactment of this sub-19
section, the Administrator shall promulgate regula-20
tions requiring that when materials containing 21
perfluoroalkyl and polyfluoroalkyl substances or 22
aqueous film forming foam are disposed— 23
‘‘(A) all incineration is conducted in a 24
manner that eliminates perfluoroalkyl and 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 27 HR 2467 RFS
polyfluoroalkyl substances while also minimizing 1
perfluoroalkyl and polyfluoroalkyl substances 2
emitted into the air to the extent feasible; 3
‘‘(B) all incineration is conducted in ac-4
cordance with the requirements of the Clean Air 5
Act, including controlling hydrogen fluoride; 6
‘‘(C) any materials containing 7
perfluoroalkyl and polyfluoroalkyl substances 8
that are designated for disposal are stored in 9
accordance with the requirement under part 10
264 of title 40, Code of Federal Regulations; 11
and 12
‘‘(D) all incineration is conducted at a fa-13
cility that has been permitted to receive waste 14
regulated under this subtitle. 15
‘‘(2) P ENALTIES.—For purposes of section 16
3008(d), a waste subject to a prohibition under this 17 subsection shall be considered a hazardous waste 18
identified or listed under this subtitle.’’. 19
SEC. 10. LABEL FOR PFAS-FREE PRODUCTS. 20
(a) L ABEL FOR PFAS-FREE PRODUCTS.—Not later 21
than 1 year after the date of enactment of this Act, the 22 Administrator of the Environmental Protection Agency 23 shall— 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 28 HR 2467 RFS
(1) revise the Safer Choice Standard of the 1
Safer Choice Program to identify the requirements 2
for a covered product to meet in order to be labeled 3
with a Safer Choice label, including a requirement 4
that any such covered product does not contain any 5
PFAS; or 6
(2) establish a voluntary label that is available 7
to be used by any manufacturer of any covered prod-8
uct that the Administrator has reviewed and found 9
does not contain any PFAS. 10
(b) DEFINITIONS.—In this section: 11
(1) C OVERED PRODUCT .—The term ‘‘covered 12
product’’ means— 13
(A) a pot, 14
(B) a pan; 15
(C) a cooking utensil; 16
(D) carpet; 17
(E) a rug; 18
(F) clothing; 19
(G) upholstered furniture; 20
(H) a stain resistant, water resistant, or 21
grease resistant coating not subject to require-22
ments under section 409 of the Federal Food, 23
Drug, and Cosmetic Act; 24
(I) food packaging material; 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 29 HR 2467 RFS
(J) an umbrella; 1
(K) luggage; or 2
(L) a cleaning product. 3
(2) PFAS.—The term ‘‘PFAS’’ means a 4
perfluoroalkyl or polyfluoroalkyl substance with at 5
least one fully fluorinated carbon atom. 6
SEC. 11. GUIDANCE ON MINIMIZING THE USE OF FIRE-7
FIGHTING FOAM AND OTHER RELATED 8
EQUIPMENT CONTAINING ANY PFAS. 9
(a) GUIDANCE.—Not later than 1 year after the date 10
of enactment of this Act, the Administrator of the Envi-11 ronmental Protection Agency, in consultation with the 12 head of the U.S. Fire Administration, Federal Aviation 13 Administration, and other relevant Federal departments 14 or agencies and representatives of State and local building 15 and fire code enforcement jurisdictions, shall issue guid-16 ance on minimizing the use of, or contact with, firefighting 17 foam and other related equipment containing any PFAS 18 by firefighters, police officers, paramedics, emergency 19 medical technicians, and other first responders, in order 20 to minimize the risk to such firefighters, police officers, 21 paramedics, emergency medical technicians, and other 22 first responders, and the environment, without jeopard-23 izing firefighting efforts. 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 30 HR 2467 RFS
(b) ANNUAL REPORT.—Not later than 2 years after 1
the date of the enactment of this Act, and annually there-2 after, the Administrator, in consultation with the head of 3 the U.S. Fire Administration, shall submit to Congress a 4 report on the effectiveness of the guidance issued under 5 subsection (a). Such report shall include recommendations 6 for congressional actions that the Administrator deter-7 mines appropriate to assist efforts to reduce exposure to 8 PFAS by firefighters and the other persons described in 9 subsection (a). 10
(c) R EPORT.—Not later than 1 year after the date 11
of enactment of this Act, the Administrator of the Envi-12 ronmental Protection Agency, in consultation with the 13 head of the U.S. Fire Administration and other relevant 14 Federal departments or agencies, shall report to Congress 15 on the efforts of the Environmental Protection Agency and 16 other relevant Federal departments and agencies to iden-17 tify viable alternatives to firefighting foam and other re-18 lated equipment containing any PFAS. 19
(d) DEFINITION.—In this section, the term ‘‘PFAS’’ 20
means perfluorooctanoic acid, perfluorooctanesulfonic 21 acid, and any other perfluoroalkyl or polyfluoroalkyl sub-22 stance with at least one fully fluorinated carbon atom that 23 the Administrator of the Environmental Protection Agen-24 VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 31 HR 2467 RFS
cy determines is used in firefighting foam and other re-1 lated equipment. 2
SEC. 12. INVESTIGATION OF PREVENTION OF CONTAMINA-3
TION BY GENX. 4
The Administrator of the Environmental Protection 5
Agency shall investigate methods and means to prevent 6 contamination by GenX of surface waters, including 7
source waters used for drinking water purposes. 8
SEC. 13. DISCLOSURE OF INTRODUCTIONS OF PFAS. 9
(a) I N GENERAL.—The introduction of any 10
perfluoroalkyl or polyfluoroalkyl substance by the owner 11 or operator of an industrial source shall be unlawful unless 12 such owner or operator first notifies the owner or operator 13 of the applicable treatment works of— 14
(1) the identity and quantity of such substance; 15
(2) whether such substance is susceptible to 16
treatment by such treatment works; and 17
(3) whether such substance would interfere with 18
the operation of the treatment works. 19
(b) VIOLATIONS.—A violation of this section shall be 20 treated in the same manner as a violation of a regulation 21 promulgated under subsection 307(b) of the Federal 22
Water Pollution Control Act (33 U.S.C. 1317(b)). 23
(c) DEFINITIONS.—In this section: 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 32 HR 2467 RFS
(1) I NTRODUCTION.—The term ‘‘introduction’’ 1
means the introduction of pollutants into treatment 2
works, as described in section 307(b) of the Federal 3
Water Pollution Control Act (33 U.S.C. 1317). 4
(2) TREATMENT WORKS .—The term ‘‘treatment 5
works’’ has the meaning given that term in section 6
212 of the Federal Water Pollution Control Act (33 7
U.S.C. 1292). 8
SEC. 14. HOUSEHOLD WELL WATER TESTING WEBSITE. 9
(a) I N GENERAL.—Not later than 1 year after the 10
date of enactment of this Act, the Administrator of the 11 Environmental Protection Agency shall establish a website 12 containing information relating to the testing of household 13 well water. 14
(b) CONTENTS.—The Administrator shall include on 15
the website established under subsection (a) the following: 16 (1) Information on how to get groundwater that 17
is the source for a household water well tested by a 18 well inspector who is certified by a qualified third 19 party. 20
(2) A list of laboratories that analyze water 21
samples and are certified by a State or the Adminis-22
trator. 23
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 33 HR 2467 RFS
(3) State-specific information, developed in co-1
ordination with each State, on naturally occurring 2
and human-induced contaminants. 3
(4) Information that, using accepted risk com-4
munication techniques, clearly communicates wheth-5
er a test result value exceeds a level determined by 6
the Administrator or the State to pose a health risk. 7 (5) Information on treatment options, including 8
information relating to water treatment systems cer-9
tified to the relevant NSF/ANSI American National 10
Standard for drinking water treatment units by a 11
third-party certification body accredited by the 12
ANSI National Accreditation Board. 13
(6) A directory of whom to contact to report a 14
test result value that exceeds a level determined by 15 the Administrator or the State to pose a health risk. 16 (7) Information on financial assistance that is 17
available for homeowners to support water treat-18
ment, including grants under section 306E of the 19
Consolidated Farm and Rural Development Act (7 20
U.S.C. 1926e) and State resources. 21
(8) Information about the health risks associ-22
ated with consuming water contaminated with PFAS 23
as well as recommendations for individuals who be-24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 34 HR 2467 RFS
lieve they may have consumed such PFAS-contami-1
nated water. 2
(9) Any other information the Administrator 3
considers appropriate. 4
(c) A CCESS.—The Administrator shall ensure infor-5
mation on the website established under subsection (a) is 6 presented in a manner that provides meaningful access to 7 such information for individuals with limited English pro-8 ficiency. 9
(d) COORDINATION.—The Administrator shall coordi-10
nate with the Secretary of Health and Human Services, 11 the Secretary of Agriculture, and appropriate State agen-12 cies in carrying out this section. 13
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 14
authorized to be appropriated to carry out this section 15 $1,000,000 for fiscal year 2022. 16
SEC. 15. RISK-COMMUNICATION STRATEGY. 17
The Administrator of the Environmental Protection 18
Agency shall develop a risk-communication strategy to in-19 form the public about the hazards or potential hazards 20 of perfluoroalkyl and polyfluoroalkyl substances, or cat-21 egories of perfluoroalkyl and polyfluoroalkyl substances, 22 by— 23
(1) disseminating information about the risks 24
or potential risks posed by such substances or cat-25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 35 HR 2467 RFS
egories in land, air, water (including drinking water 1 and water used for agricultural purposes), and prod-2
ucts; 3
(2) notifying the public about exposure path-4
ways and mitigation measures through outreach and 5
educational resources; and 6
(3) consulting with States that have dem-7
onstrated effective risk-communication strategies for 8 best practices in developing a national risk-commu-9
nication strategy. 10
SEC. 16. ASSISTANCE TO TERRITORIES FOR ADDRESSING 11
EMERGING CONTAMINANTS, WITH A FOCUS 12
ON PERFLUOROALKYL AND 13
POLYFLUOROALKYL SUBSTANCES. 14
Section 1452(t) of the Safe Drinking Water Act (42 15
U.S.C. 300j–12) is amended— 16
(1) by redesignating paragraph (2) as para-17
graph (3); and 18
(2) by inserting after paragraph (1) the fol-19
lowing new paragraph: 20
‘‘(2) ASSISTANCE TO TERRITORIES .—To the ex-21
tent that sufficient applications are received, the Ad-22 ministrator shall use not less than 2 percent of the 23 amounts made available under this subsection to 24
provide grants to the Virgin Islands, the Common-25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 36 HR 2467 RFS
wealth of the Northern Mariana Islands, American 1
Samoa, and Guam for the purpose of addressing 2
emerging contaminants, with a focus on 3
perfluoroalkyl and polyfluoroalkyl substances.’’. 4
SEC. 17. CLEAN WATER ACT EFFLUENT LIMITATIONS 5
GUIDELINES AND STANDARDS AND WATER 6
QUALITY CRITERIA FOR PFAS. 7
(a) DEADLINES.— 8
(1) WATER QUALITY CRITERIA .—Not later than 9
3 years after the date of enactment of this section, 10 the Administrator shall publish in the Federal Reg-11
ister human health water quality criteria under sec-12
tion 304(a)(1) of the Federal Water Pollution Con-13
trol Act (33 U.S.C. 1314) for each measurable 14
perfluoroalkyl substance, polyfluoroalkyl substance, 15 and class of such substances. 16
(2) E FFLUENT LIMITATIONS GUIDELINES AND 17
STANDARDS FOR PRIORITY INDUSTRY CAT -18
EGORIES.—As soon as practicable, but not later 19
than 4 years after the date of enactment of this sec-20 tion, the Administrator shall publish in the Federal 21 Register a final rule establishing, for each priority 22 industry category, effluent limitations guidelines and 23 standards, in accordance with the Federal Water 24
Pollution Control Act, for the discharge (including a 25 VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 37 HR 2467 RFS
discharge into a publicly owned treatment works) of 1
each measurable perfluoroalkyl substance, 2
polyfluoroalkyl substance, and class of such sub-3
stances. 4
(b) N OTIFICATION.—The Administrator shall notify 5
the Committee on Transportation and Infrastructure of 6 the House of Representatives and the Committee on Envi-7 ronment and Public Works of the Senate of each publica-8 tion made under this section. 9
(c) I MPLEMENTATION ASSISTANCE FOR PUBLICLY 10
OWNED TREATMENT WORKS.— 11
(1) I N GENERAL .—The Administrator shall 12
award grants to owners and operators of publicly 13
owned treatment works, to be used to implement ef-14
fluent limitations guidelines and standards developed 15 by the Administrator for a perfluoroalkyl substance, 16 polyfluoroalkyl substance, or class of such sub-17
stances. 18
(2) A UTHORIZATION OF APPROPRIATIONS .— 19
There is authorized to be appropriated to the Ad-20
ministrator to carry out this subsection 21
$200,000,000 for each of fiscal years 2022 through 22
2026, to remain available until expended. 23
(d) N O INCREASED BONDING AUTHORITY.— 24
Amounts awarded to an owner or operator of a publicly 25 VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 38 HR 2467 RFS
owned treatment works under this section may not be used 1 as a source of payment of, or security for (directly or indi-2 rectly), in whole or in part, any obligation the interest on 3 which is exempt from the tax imposed under chapter 1 4
of the Internal Revenue Code of 1986. 5
(e) DEFINITIONS.—In this section: 6
(1) A DMINISTRATOR.—The term ‘‘Adminis-7
trator’’ means the Administrator of the Environ-8
mental Protection Agency. 9
(2) E FFLUENT LIMITATION .—The term ‘‘efflu-10
ent limitation’’ has the meaning given that term in 11
section 502 of the Federal Water Pollution Control 12
Act (33 U.S.C. 1362). 13
(3) M EASURABLE.—The term ‘‘measurable’’ 14
means, with respect to a chemical substance or class 15 of chemical substances, capable of being measured 16
using test procedures established under section 17
304(h) of the Federal Water Pollution Control Act 18
(33 U.S.C. 1314). 19
(4) P ERFLUOROALKYL SUBSTANCE .—The term 20
‘‘perfluoroalkyl substance’’ means a chemical of 21
which all of the carbon atoms are fully fluorinated 22
carbon atoms. 23
(5) P OLYFLUOROALKYL SUBSTANCE .—The 24
term ‘‘polyfluoroalkyl substance’’ means a chemical 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 39 HR 2467 RFS
containing at least one fully fluorinated carbon atom 1 and at least one carbon atom that is not a fully 2
fluorinated carbon atom. 3
(6) PRIORITY INDUSTRY CATEGORY .—The term 4
‘‘priority industry category’’ means the following 5
point source categories: 6
(A) Organic chemicals, plastics, and syn-7
thetic fibers, as identified in part 414 of title 8
40, Code of Federal Regulations (or successor 9
regulations). 10
(B) Pulp, paper, and paperboard, as iden-11
tified in part 430 of title 40, Code of Federal 12
Regulations (or successor regulations). 13
(C) Textile mills, as identified in part 410 14
of title 40, Code of Federal Regulations (or suc-15
cessor regulations). 16
(D) Electroplating, as identified in part 17
413 of title 40, Code of Federal Regulations (or 18
successor regulations). 19
(E) Metal finishing, as identified in part 20
433 of title 40, Code of Federal Regulations (or 21
successor regulations). 22
(F) Leather tanning and finishing, as iden-23
tified in part 425 of title 40, Code of Federal 24
Regulations (or successor regulations). 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 40 HR 2467 RFS
(G) Paint formulating, as identified in part 1
446 of title 40, Code of Federal Regulations (or 2
successor regulations). 3
(H) Electrical and electronic components, 4
as identified in part 469 of title 40, Code of 5
Federal Regulations (or successor regulations). 6
(I) Plastics molding and forming, as iden-7
tified in part 463 of title 40, Code of Federal 8
Regulations (or successor regulations). 9
(7) TREATMENT WORKS .—The term ‘‘treatment 10
works’’ has the meaning given that term in section 11
212 of the Federal Water Pollution Control Act (33 12
U.S.C. 1292). 13
SEC. 18. SCHOOL DRINKING WATER TESTING AND FILTRA-14
TION GRANT PROGRAM. 15
Part F of the Safe Drinking Water Act (42 U.S.C. 16
300j–21 et seq.) is amended by adding at the end the fol-17 lowing: 18
‘‘SEC. 1466. SCHOOL PFAS TESTING AND FILTRATION 19
GRANT PROGRAM. 20
‘‘(a) I N GENERAL.—Not later than 1 year after the 21
date of enactment of this section, the Administrator shall 22 establish a program to make grants to eligible entities 23 for— 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 41 HR 2467 RFS
‘‘(1) testing for perfluoroalkyl and 1
polyfluoroalkyl substances in drinking water at 2
schools that is conducted by an entity approved by 3
the Administrator or the applicable State to conduct 4
the testing; 5
‘‘(2) installation, maintenance, and repair of 6
water filtration systems effective for reducing 7
perfluoroalkyl and polyfluoroalkyl substances in 8
drinking water at schools that contains a level of any 9 perfluoroalkyl or polyfluoroalkyl substance that ex-10
ceeds— 11
‘‘(A) an applicable maximum contaminant 12
level established by the Administrator under 13
section 1412; or 14
‘‘(B) an applicable standard established by 15
the applicable State that is more stringent than 16
the level described in subparagraph (A); or 17
‘‘(3) safe disposal of spent water filtration 18
equipment used to reduce perfluoroalkyl and 19
polyfluoroalkyl substances in drinking water at 20
schools. 21
‘‘(b) GUIDANCE; PUBLIC AVAILABILITY.—As a condi-22
tion of receiving a grant under this section, an eligible en-23 tity shall— 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 42 HR 2467 RFS
‘‘(1) expend grant funds in accordance with any 1
applicable State regulation or guidance regarding 2
the reduction of perfluoroalkyl and polyfluoroalkyl 3
substances in drinking water at schools that is not 4
less stringent than any applicable guidance issued by 5 the Administrator; 6
‘‘(2) make publicly available, including, to the 7
maximum extent practicable, on the website of the 8
eligible entity, a copy of the results of any testing 9 carried out with grant funds received under this sec-10 tion; and 11
‘‘(3) notify parent, teacher, and employee orga-12
nizations of the availability of the results described 13 in paragraph (2). 14
‘‘(c) L IMITATION.—An eligible entity receiving a 15
grant under this section may use not more than 5 percent 16 of grant funds to pay the administrative costs of carrying 17 out the activities for which the grant was made. 18
‘‘(d) DEFINITION OF ELIGIBLE ENTITY.—In this sec-19
tion, the term ‘eligible entity’ means— 20
‘‘(1) a local educational agency; or 21
‘‘(2) a State agency that administers a state-22
wide program to test for, remediate, or filter 23
perfluoroalkyl and polyfluoroalkyl substances in 24
drinking water. 25
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 43 HR 2467 RFS
‘‘(e) AUTHORIZATION OF APPROPRIATION.—There is 1
authorized to be appropriated to carry out this section 2 $100,000,000 for each of fiscal years 2022 through 2026, 3 to remain available until expended.’’. 4
SEC. 19. ANALYTICAL REFERENCE STANDARDS FOR PFAS. 5
(a) IN GENERAL.—Not later than 180 days after the 6
date of enactment of this Act, the Administrator of the 7 Environmental Protection Agency shall require each cov-8 ered entity to submit to the Administrator an analytical 9 reference standard for each perfluoroalkyl or 10
polyfluoroalkyl substance with at least one fully 11
fluorinated carbon atom manufactured by the covered en-12 tity after the date that is 10 years prior to the date of 13 enactment of this Act. 14
(b) USES.—The Administrator may— 15
(1) use an analytical reference standard sub-16
mitted under this section only for— 17
(A) the development of information, proto-18
cols, and methodologies, which may be carried 19
out by an entity determined appropriate by the 20
Administrator; and 21
(B) activities relating to the implementa-22
tion or enforcement of Federal requirements; 23
and 24
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 44 HR 2467 RFS
(2) provide an analytical reference standard 1
submitted under this section to a State, to be used 2
only for— 3
(A) the development of information, proto-4
cols, and methodologies, which may be carried 5
out by an entity determined appropriate by the 6
State; and 7
(B) activities relating to the implementa-8
tion or enforcement of State requirements. 9
(c) PROHIBITION.—No person receiving an analytical 10
reference standard submitted under this section may use 11 or transfer the analytical reference standard for a com-12 mercial purpose. 13
(d) DEFINITIONS.—In this section: 14
(1) C OVERED ENTITY .—The term ‘‘covered en-15
tity’’ means a manufacturer of a perfluoroalkyl or 16
polyfluoroalkyl substance with at least one fully 17
fluorinated carbon atom. 18
(2) M ANUFACTURE; STATE.—The terms ‘‘man-19
ufacture’’ and ‘‘State’’ have the meanings given 20
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS 45 HR 2467 RFS
those terms in section 3 of the Toxic Substances 1
Control Act (15 U.S.C. 2602). 2
Passed the House of Representatives July 21, 2021.
Attest: CHERYL L. JOHNSON,
Clerk.
VerDate Sep 11 2014 22:44 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2467.RFS H2467pbinns on DSKJLVW7X2PROD with BILLS