AMENDMENT TO RULES COMMITTEE PRINT 116– · AMENDMENT TO RULES COMMITTEE PRINT 116– 19 OFFERED BY MR.FITZPATRICK OF PENNSYLVANIA At the end of the division A, insert the following

AMENDMENT TO RULES COMMITTEE PRINT 116–

19

OFFERED BY MR. FITZPATRICK OF

PENNSYLVANIA

At the end of the division A, insert the following new

title:

TITLE XVII—PFAS RELEASE DIS-1

CLOSURE, DETECTION, AND 2

SAFE DRINKING WATER AS-3

SISTANCE 4

SEC. 1701. DEFINITION OF ADMINISTRATOR. 5

In this title, the term ‘‘Administrator’’ means the Ad-6

ministrator of the Environmental Protection Agency. 7

Subtitle A—PFAS Release 8

Disclosure 9

SEC. 1711. ADDITIONS TO TOXICS RELEASE INVENTORY. 10

(a) DEFINITION OF TOXICS RELEASE INVENTORY.— 11

In this section, the term ‘‘toxics release inventory’’ means 12

the toxics release inventory under section 313(c) of the 13

Emergency Planning and Community Right-To-Know Act 14

of 1986 (42 U.S.C. 11023(c)). 15

(b) IMMEDIATE INCLUSION.— 16

VerDate Nov 24 2008 15:36 Jul 01, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\HCROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\FITZBR~1.XMLJuly 1, 2019 (3:36 p.m.)

G:\M\16\FITZBR\FITZBR_054.XML

g:\VHLC\070119\070119.173.xml (738922|2)

2

(1) IN GENERAL.—Subject to subsection (e), 1

beginning January 1 of the calendar year following 2

the date of enactment of this Act, the following 3

chemicals shall be deemed to be included in the 4

toxics release inventory: 5

(A) Perfluorooctanoic acid (commonly re-6

ferred to as ‘‘PFOA’’) (Chemical Abstracts 7

Service No. 335–67–1). 8

(B) The salt associated with the chemical 9

described in subparagraph (A) (Chemical Ab-10

stracts Service No. 3825–26–1). 11

(C) Perfluorooctane sulfonic acid (com-12

monly referred to as ‘‘PFOS’’) (Chemical Ab-13

stracts Service No. 1763–23–1). 14

(D) The salts associated with the chemical 15

described in subparagraph (C) (Chemical Ab-16

stract Service Nos. 45298–90–6, 29457–72–5, 17

56773–42–3, 29081–56–9, 4021–47–0, 18

111873–33–7, and 91036–71–4). 19

(E) A perfluoroalkyl or polyfluoroalkyl sub-20

stance or class of perfluoroalkyl or 21

polyfluoroalkyl substances that is— 22

(i) listed as an active chemical sub-23

stance in the February 2019 update to the 24

inventory under section 8(b)(1) of the 25



g:\VHLC\070119\070119.173.xml (738922|2)

3

Toxic Substances Control Act (15 U.S.C. 1

2607(b)(1)); and 2

(ii) on the date of enactment of this 3

Act, subject to the provisions of— 4

(I) section 721.9582 of title 40, 5

Code of Federal Regulations; or 6

(II) section 721.10536 of title 7

40, Code of Federal Regulations. 8

(2) THRESHOLD FOR REPORTING.— 9

(A) IN GENERAL.—Subject to subpara-10

graph (B), the threshold for reporting the 11

chemicals described in paragraph (1) under sec-12

tion 313(f)(1) of the Emergency Planning and 13

Community Right-To-Know Act of 1986 (42 14

U.S.C. 11023(f)(1)) is 100 pounds. 15

(B) REVISIONS.—Not later than 5 years 16

after the date of enactment of this Act, the Ad-17

ministrator shall— 18

(i) determine whether revision of the 19

threshold under subparagraph (A) is war-20

ranted; and 21

(ii) if the Administrator determines a 22

revision to be warranted under clause (i), 23

initiate a revision under section 313(f)(2) 24

of the Emergency Planning and Commu-25



g:\VHLC\070119\070119.173.xml (738922|2)

4

nity Right-To-Know Act of 1986 (42 1

U.S.C. 11023(f)(2)). 2

(c) INCLUSION FOLLOWING ASSESSMENT.— 3

(1) IN GENERAL.—Subject to subsection (e), a 4

perfluoroalkyl or polyfluoroalkyl substance or class 5

of perfluoroalkyl or polyfluoroalkyl substances shall 6

be automatically included in the toxics release inven-7

tory beginning January 1 of the calendar year after 8

any of the following dates: 9

(A) ESTABLISHMENT OF TOXICITY 10

VALUE.—The date on which the Administrator 11

establishes a toxicity value for the 12

perfluoroalkyl or polyfluoroalkyl substance or 13

class of perfluoroalkyl or polyfluoroalkyl sub-14

stances. 15

(B) SIGNIFICANT NEW USE RULE.—The 16

date on which the Administrator finalizes a sig-17

nificant new use rule under subsection (a)(2) of 18

section 5 of the Toxic Substances Control Act 19

(15 U.S.C. 2604), except a significant new use 20

rule promulgated in connection with an order 21

issued under subsection (e) of that section, for 22

the perfluoroalkyl or polyfluoroalkyl substance 23

or class of perfluoroalkyl or polyfluoroalkyl sub-24

stances. 25



g:\VHLC\070119\070119.173.xml (738922|2)

5

(C) ADDITION TO EXISTING SIGNIFICANT 1

NEW USE RULE.—The date on which the 2

perfluoroalkyl or polyfluoroalkyl substance or 3

class of perfluoroalkyl or polyfluoroalkyl sub-4

stances is added to a list of substances covered 5

by a significant new use rule previously promul-6

gated under subsection (a)(2) of section 5 of 7

the Toxic Substances Control Act (15 U.S.C. 8

2604), except a significant new use rule pro-9

mulgated in connection with an order issued 10

under subsection (e) of that section. 11

(D) ADDITION AS ACTIVE CHEMICAL SUB-12

STANCE.—The date on which the perfluoroalkyl 13

or polyfluoroalkyl substance or class of 14

perfluoroalkyl or polyfluoroalkyl substances that 15

is on a list of substances covered by a signifi-16

cant new use rule under subsection (a)(2) of 17

section 5 of the Toxic Substances Control Act 18

(15 U.S.C. 2604), except a significant new use 19

rule promulgated in connection with an order 20

issued under subsection (e) of that section, is— 21

(i) added to the inventory under sub-22

section (b)(1) of section 8 of the Toxic 23

Substances Control Act (15 U.S.C. 2607) 24

and designated as an active chemical sub-25



g:\VHLC\070119\070119.173.xml (738922|2)

6

stance under subsection (b)(5)(A) of that 1

section; or 2

(ii) designated as an active chemical 3

substance on the inventory in accordance 4

with subsection (b)(5)(B) of that section. 5

(2) THRESHOLD FOR REPORTING.— 6

(A) IN GENERAL.—Subject to subpara-7

graph (B), the threshold for reporting under 8

section 313(f)(1) of the Emergency Planning 9

and Community Right-To-Know Act of 1986 10

(42 U.S.C. 11203(f)(1)) the substances and 11

classes of substances included in the toxics re-12

lease inventory under paragraph (1) is 100 13

pounds. 14

(B) REVISIONS.—Not later than 5 years 15


ministrator shall— 17

(i) determine whether revision of the 18

thresholds under subparagraph (A) is war-19

ranted; and 20

(ii) if the Administrator determines a 21

revision to be warranted under clause (i), 22

initiate a revision under section 313(f)(2) 23

of the Emergency Planning and Commu-24



g:\VHLC\070119\070119.173.xml (738922|2)

7

nity Right-To-Know Act of 1986 (42 1

U.S.C. 11023(f)(2)). 2

(d) INCLUSION FOLLOWING DETERMINATION.— 3

(1) IN GENERAL.—To the extent not already 4

subject to subsection (b), not later than 2 years 5

after the date of enactment of this Act, the Adminis-6

trator shall determine whether the substances and 7

classes of substances described in paragraph (2) 8

meet the criteria described in section 313(d)(2) of 9

the Emergency Planning and Community Right-To- 10

Know Act of 1986 (42 U.S.C. 11023(d)(2)) for in-11

clusion in the toxics release inventory. 12

(2) SUBSTANCES DESCRIBED.—The substances 13

and classes of substances referred to in paragraph 14

(1) are perfluoroalkyl and polyfluoroalkyl substances 15

and classes of perfluoroalkyl and polyfluoroalkyl sub-16

stances, including— 17

(A) hexafluoropropylene oxide dimer acid 18

(Chemical Abstracts Service No. 13252–13–6); 19

(B) the compounds associated with the 20

chemical described in subparagraph (A) (Chem-21

ical Abstracts Service Nos. 62037–80–3 and 22

2062–98–8); 23



g:\VHLC\070119\070119.173.xml (738922|2)

8

(C) perfluoro[(2-pentafluoroethoxy- 1

ethoxy)acetic acid] ammonium salt (Chemical 2

Abstracts Service No. 908020–52–0); 3

(D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 4

hexafluoro)-2-(trifluoromethoxy) propanoyl fluo-5

ride (Chemical Abstracts Service No. 2479–75– 6

6); 7

(E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 8

hexafluoro)-2-(trifluoromethoxy) propionic acid 9


(F) 3H-perfluoro-3-[(3-methoxy-propoxy) 11

propanoic acid] (Chemical Abstracts Service 12

No. 919005–14–4); 13

(G) the salts associated with the chemical 14

described in subparagraph (F) (Chemical Ab-15

stracts Service Nos. 958445–44–8, 1087271– 16

46–2, and NOCASl892452); 17

(H) 1-octanesulfonic acid 18

3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium 19

salt (Chemical Abstracts Service No. 59587– 20

38–1); 21

(I) perfluorobutanesulfonic acid (Chemical 22

Abstracts Service No. 375–73–5); 23



g:\VHLC\070119\070119.173.xml (738922|2)

9

(J) 1-Butanesulfonic acid, 1

1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt 2


(K) the component associated with the 4

chemical described in subparagraph (J) (Chem-5

ical Abstracts Service No. 45187–15–3); 6

(L) heptafluorobutyric acid (Chemical Ab-7

stracts Service No. 375–22–4); 8

(M) perfluorohexanoic acid (Chemical Ab-9

stracts Service No. 307–24–4); 10

(N) each perfluoroalkyl or polyfluoroalkly 11

substance or class of perfluoroalkyl or 12

polyfluoroalkyl substances for which a method 13

to measure levels in drinking water has been 14

validated by the Administrator; and 15

(O) a perfluoroalkyl and polyfluoroalkyl 16

substance or class of perfluoroalkyl or 17

polyfluoroalkyl substances other than the 18

chemicals described in subparagraphs (A) 19

through (N) that is used to manufacture 20

fluoropolymers, as determined by the Adminis-21

trator. 22

(3) ADDITION TO TOXICS RELEASE INVEN-23

TORY.—Subject to subsection (e), if the Adminis-24

trator determines under paragraph (1) that a sub-25



g:\VHLC\070119\070119.173.xml (738922|2)

10

stance or a class of substances described in para-1

graph (2) meets the criteria described in section 2

313(d)(2) of the Emergency Planning and Commu-3

nity Right-To-Know Act of 1986 (42 U.S.C. 4

11023(d)(2)), the Administrator shall revise the 5

toxics release inventory to include that substance or 6

class of substances not later than 2 years after the 7

date on which the Administrator makes the deter-8

mination. 9

(e) CONFIDENTIAL BUSINESS INFORMATION.— 10

(1) IN GENERAL.—Prior to including on the 11

toxics release inventory pursuant to subsection 12

(b)(1), (c)(1), or (d)(3) any perfluoroalkyl or 13

polyfluoroalkyl substance or class of perfluoroalkyl 14

or polyfluoroalkyl substances the chemical identity of 15

which is subject to a claim of a person of protection 16

from disclosure under subsection (a) of section 552 17

of title 5, United States Code, pursuant to sub-18

section (b)(4) of that section, the Administrator 19

shall— 20

(A) review that claim of protection from 21

disclosure; and 22

(B) require that person to reassert and 23

substantiate or resubstantiate that claim in ac-24



g:\VHLC\070119\070119.173.xml (738922|2)

11

cordance with section 14(f) of the Toxic Sub-1

stances Control Act (15 U.S.C. 2613(f)). 2

(2) NONDISCLOSURE OF PROTECTION INFORMA-3

TION.—If the Administrator determines that the 4

chemical identity of a perfluoroalkyl or 5

polyfluoroalkyl substance or class of perfluoroalkyl 6

or polyfluoroalkyl substances qualifies for protection 7

from disclosure under paragraph (1), the Adminis-8

trator shall include the substance or class of sub-9

stances, as applicable, on the toxics release inventory 10

in a manner that does not disclose the protected in-11

formation. 12

(f) EMERGENCY PLANNING AND COMMUNITY RIGHT- 13

TO-KNOW ACT OF 1986.—Section 313(c) of the Emer-14

gency Planning and Community Right-To-Know Act of 15

1986 (42 U.S.C. 11023(c)) is amended— 16

(1) by striking the period at the end and insert-17

ing ‘‘; and’’; 18

(2) by striking ‘‘are those chemicals’’ and in-19

serting the following: ‘‘are— 20

‘‘(1) the chemicals’’; and 21

(3) by adding at the end the following: 22

‘‘(2) the chemicals included under subsections 23

(b)(1), (c)(1), and (d)(3) of section 1711 of the Na-24



g:\VHLC\070119\070119.173.xml (738922|2)

12

tional Defense Authorization Act for Fiscal Year 1

2020.’’. 2

Subtitle B—Drinking Water 3

SEC. 1721. NATIONAL PRIMARY DRINKING WATER REGULA-4

TIONS FOR PFAS. 5

Section 1412(b)(2) of the Safe Drinking Water Act 6

(42 U.S.C. 300g–1(b)(2)) is amended by adding at the 7

end the following: 8

‘‘(D) PERFLUOROALKYL AND 9

POLYFLUOROALKYL SUBSTANCES.— 10

‘‘(i) IN GENERAL.—Not later than 2 11

years after the date of enactment of this 12

subparagraph, the Administrator shall pro-13

mulgate a national primary drinking water 14

regulation for perfluoroalkyl and 15

polyfluoroalkyl substances, which shall, at 16

a minimum, include standards for— 17

‘‘(I) perfluorooctanoic acid (com-18

monly referred to as ‘PFOA’); and 19

‘‘(II) perfluorooctane sulfonic 20

acid (commonly referred to as 21

‘PFOS’). 22

‘‘(ii) ALTERNATIVE PROCEDURES.— 23

‘‘(I) IN GENERAL.—Not later 24

than 1 year after the validation by the 25



g:\VHLC\070119\070119.173.xml (738922|2)

13

Administrator of an equally effective 1

quality control and testing procedure 2

to ensure compliance with that na-3

tional primary drinking water regula-4

tion to measure the levels described in 5

subclause (II) or other methods to de-6

tect and monitor perfluoroalkyl and 7

polyfluoroalkyl substances in drinking 8

water, the Administrator shall add the 9

procedure or method as an alternative 10

to the quality control and testing pro-11

cedure described in that national pri-12

mary drinking water regulation by 13

publishing the procedure or method in 14

the Federal Register. 15

‘‘(II) LEVELS DESCRIBED.—The 16

levels referred to in subclause (I) 17

are— 18

‘‘(aa) the level of a 19

perfluoroalkyl or polyfluoroalkyl 20

substance; 21

‘‘(bb) the total levels of 22

perfluoroalkyl and polyfluoroalkyl 23

substances; and 24



g:\VHLC\070119\070119.173.xml (738922|2)

14

‘‘(cc) the total levels of or-1

ganic fluorine. 2

‘‘(iii) INCLUSIONS.—The Adminis-3

trator may include a perfluoroalkyl or 4

polyfluoroalkyl substance or class of 5

perfluoroalkyl or polyfluoroalkyl substances 6

on— 7

‘‘(I) the list of contaminants for 8

consideration of regulation under 9

paragraph (1)(B)(i); and 10

‘‘(II) the list of unregulated con-11

taminants to be monitored under sec-12

tion 1445(a)(2)(B)(i). 13

‘‘(iv) MONITORING.—When estab-14

lishing monitoring requirements for public 15

water systems as part of a national pri-16

mary drinking water regulation under 17

clause (i) or clause (vi)(II), the Adminis-18

trator shall tailor the monitoring require-19

ments for public water systems that do not 20

detect or are reliably and consistently 21

below the maximum contaminant level (as 22

defined in section 1418(b)(2)(B)) for the 23

perfluoroalkyl or polyfluoroalkyl substance 24

or class of perfluoroalkyl or polyfluoroalkyl 25



g:\VHLC\070119\070119.173.xml (738922|2)

15

substances subject to the national primary 1

drinking water regulation. 2

‘‘(v) HEALTH RISK REDUCTION AND 3

COST ANALYSIS.—In meeting the require-4

ments of paragraph (3)(C), the Adminis-5

trator may rely on information available to 6

the Administrator with respect to 1 or 7

more specific perfluoroalkyl or 8

polyfluoroalkyl substances to extrapolate 9

reasoned conclusions regarding the health 10

risks and effects of a class of 11

perfluoroalkyl or polyfluoroalkyl substances 12

of which the specific perfluoroalkyl or 13

polyfluoroalkyl substances are a part. 14

‘‘(vi) REGULATION OF ADDITIONAL 15

SUBSTANCES.— 16

‘‘(I) DETERMINATION.—The Ad-17

ministrator shall make a determina-18

tion under paragraph (1)(A), using 19

the criteria described in clauses (i) 20

through (iii) of that paragraph, 21

whether to include a perfluoroalkyl or 22


perfluoroalkyl or polyfluoroalkyl sub-24

stances in the national primary drink-25



g:\VHLC\070119\070119.173.xml (738922|2)

16

ing water regulation under clause (i) 1

not later than 18 months after the 2

later of— 3

‘‘(aa) the date on which the 4


substance or class of 6


substances is listed on the list of 8

contaminants for consideration of 9

regulation under paragraph 10

(1)(B)(i); and 11

‘‘(bb) the date on which— 12

‘‘(AA) the Adminis-13

trator has received the re-14

sults of monitoring under 15

section 1445(a)(2)(B) for 16

the perfluoroalkyl or 17

polyfluoroalkyl substance or 18

class of perfluoroalkyl or 19

polyfluoroalkyl substance; or 20

‘‘(BB) the Adminis-21

trator has received finished 22

water data or finished water 23

monitoring surveys for the 24

perfluoroalkyl or 25



g:\VHLC\070119\070119.173.xml (738922|2)

17



polyfluoroalkyl substances 3

from a Federal or State 4

agency that the Adminis-5

trator determines to be suf-6

ficient to make a determina-7

tion under paragraph 8

(1)(A). 9

‘‘(II) PRIMARY DRINKING WATER 10

REGULATIONS.— 11

‘‘(aa) IN GENERAL.—For 12

each perfluoroalkyl or 13

polyfluoroalkyl substance or class 14

of perfluoroalkyl or 15

polyfluoroalkyl substances that 16

the Administrator determines to 17

regulate under subclause (I), the 18

Administrator— 19

‘‘(AA) not later than 18 20

months after the date on 21

which the Administrator 22

makes the determination, 23

shall propose a national pri-24

mary drinking water regula-25



g:\VHLC\070119\070119.173.xml (738922|2)

18

tion for the perfluoroalkyl or 1



polyfluoroalkyl substances; 4

and 5

‘‘(BB) may publish the 6

proposed national primary 7

drinking water regulation 8

described in subitem (AA) 9

concurrently with the publi-10

cation of the determination 11

to regulate the 12

perfluoroalkyl or 13



polyfluoroalkyl substances. 16

‘‘(bb) DEADLINE.— 17

‘‘(AA) IN GENERAL.— 18

Not later than 1 year after 19

the date on which the Ad-20

ministrator publishes a pro-21

posed national primary 22

drinking water regulation 23

under item (aa)(AA) and 24

subject to subitem (BB), the 25



g:\VHLC\070119\070119.173.xml (738922|2)

19

Administrator shall take 1

final action on the proposed 2

national primary drinking 3

water regulation. 4

‘‘(BB) EXTENSION.— 5

The Administrator, on publi-6

cation of notice in the Fed-7

eral Register, may extend 8

the deadline under subitem 9

(AA) by not more than 6 10

months. 11

‘‘(vii) LIFETIME DRINKING WATER 12

HEALTH ADVISORY.— 13

‘‘(I) IN GENERAL.—Subject to 14

subclause (II), the Administrator shall 15

publish a health advisory under para-16

graph (1)(F) for a perfluoroalkyl or 17



stances not later than 1 year after the 20

later of— 21

‘‘(aa) the date on which the 22

Administrator finalizes a toxicity 23

value for the perfluoroalkyl or 24

polyfluoroalkyl substance or class 25



g:\VHLC\070119\070119.173.xml (738922|2)

20

of perfluoroalkyl or 1

polyfluoroalkyl substances; and 2

‘‘(bb) the date on which the 3

Administrator validates an effec-4

tive quality control and testing 5

procedure for the perfluoroalkyl 6

or polyfluoroalkyl substance or 7


polyfluoroalkyl substance, if such 9

a procedure did not exist on the 10

date on which the toxicity value 11

described in item (aa) was final-12

ized. 13

‘‘(II) WAIVER.—The Adminis-14

trator may waive the requirements of 15

subclause (I) with respect to a 16


stance or class of perfluoroalkyl and 18

polyfluoroalkyl substances if the Ad-19

ministrator determines that there is a 20

substantial likelihood that the 21


stance or class of perfluoroalkyl or 23

polyfluoroalkyl substances will not 24

occur in drinking water.’’. 25



g:\VHLC\070119\070119.173.xml (738922|2)

21

SEC. 1722. MONITORING AND DETECTION. 1

(a) MONITORING PROGRAM FOR UNREGULATED 2

CONTAMINANTS.— 3

(1) IN GENERAL.—The Administrator shall in-4

clude each substance described in paragraph (2) in 5

the fifth publication of the list of unregulated con-6

taminants to be monitored under section 7

1445(a)(2)(B)(i) of the Safe Drinking Water Act 8

(42 U.S.C. 300j–4(a)(2)(B)(i)). 9

(2) SUBSTANCES DESCRIBED.—The substances 10

referred to in paragraph (1) are perfluoroalkyl and 11

polyfluoroalkyl substances and classes of 12

perfluoroalkyl and polyfluoroalkyl substances— 13

(A) for which a method to measure the 14

level in drinking water has been validated by 15

the Administrator; and 16

(B) that are not subject to a national pri-17

mary drinking water regulation under clause (i) 18

or (vi)(II) of subparagraph (D) of section 19

1412(b)(2) of the Safe Drinking Water Act (42 20

U.S.C. 300g–1(b)(2)). 21

(3) EXCEPTION.—The perfluoroalkyl and 22

polyfluoroalkyl substances and classes of 23

perfluoroalkyl and polyfluoroalkyl substances in-24

cluded in the list of unregulated contaminants to be 25

monitored under section 1445(a)(2)(B)(i) of the 26



g:\VHLC\070119\070119.173.xml (738922|2)

22

Safe Drinking Water Act (42 U.S.C. 300j– 1

4(a)(2)(B)(i)) under paragraph (1) shall not count 2

towards the limit of 30 unregulated contaminants to 3

be monitored by public water systems under that 4

section. 5

(b) APPLICABILITY.— 6

(1) IN GENERAL.—The Administrator shall— 7

(A) require public water systems serving 8

more than 10,000 persons to monitor for the 9

substances described in subsection (a)(2); 10

(B) subject to paragraph (2) and the avail-11

ability of appropriations, require public water 12

systems serving not fewer than 3,300 and not 13

more than 10,000 persons to monitor for the 14

substances described in subsection (a)(2); and 15

(C) subject to paragraph (2) and the avail-16

ability of appropriations, ensure that only a 17

representative sample of public water systems 18

serving fewer than 3,300 persons are required 19

to monitor for the substances described in sub-20

section (a)(2). 21

(2) REQUIREMENT.—If the Administrator de-22

termines that there is not sufficient laboratory ca-23

pacity to carry out the monitoring required under 24

subparagraphs (B) and (C) of paragraph (1), the 25



g:\VHLC\070119\070119.173.xml (738922|2)

23

Administrator may waive the monitoring require-1

ments in those subparagraphs. 2

(3) FUNDS.—The Administrator shall pay the 3

reasonable cost of such testing and laboratory anal-4

ysis as is necessary to carry out the monitoring re-5

quired under paragraph (1) from— 6

(A) funds made available under subsection 7

(a)(2)(H) or (j)(5) of section 1445 of the Safe 8

Drinking Water Act (42 U.S.C. 300j–4); or 9

(B) any other funds made available for 10

that purpose. 11

SEC. 1723. ENFORCEMENT. 12

Notwithstanding any other provision of law, the Ad-13

ministrator may not impose financial penalties for the vio-14

lation of a national primary drinking water regulation (as 15

defined in section 1401 of the Safe Drinking Water Act 16

(42 U.S.C. 300f)) with respect to a perfluoroalkyl or 17

polyfluoroalkyl substance or class of perfluoroalkyl or 18

polyfluoroalkyl substances for which a national primary 19

drinking water regulation has been promulgated under 20

clause (i) or (vi) of subparagraph (D) of section 21

1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 22

300g–1(b)(2)) earlier than the date that is 5 years after 23

the date on which the Administrator promulgates the na-24

tional primary drinking water regulation. 25



g:\VHLC\070119\070119.173.xml (738922|2)

24

SEC. 1724. DRINKING WATER STATE REVOLVING FUNDS. 1

Section 1452 of the Safe Drinking Water Act (42 2

U.S.C. 300j–12) is amended— 3

(1) in subsection (a)(2), by adding at the end 4

the following: 5

‘‘(G) EMERGING CONTAMINANTS.— 6

‘‘(i) IN GENERAL.—Notwithstanding 7

any other provision of law and subject to 8

clause (ii), amounts deposited under sub-9

section (t) in a State loan fund established 10

under this section may only be used to pro-11

vide grants for the purpose of addressing 12

emerging contaminants, with a focus on 13

perfluoroalkyl and polyfluoroalkyl sub-14

stances. 15

‘‘(ii) REQUIREMENTS.— 16

‘‘(I) SMALL AND DISADVAN-17

TAGED COMMUNITIES.—Not less than 18

25 percent of the amounts described 19

in clause (i) shall be used to provide 20

grants to— 21

‘‘(aa) disadvantaged commu-22

nities (as defined in subsection 23

(d)(3)); or 24



g:\VHLC\070119\070119.173.xml (738922|2)

25

‘‘(bb) public water systems 1

serving fewer than 25,000 per-2

sons. 3

‘‘(II) PRIORITIES.—In selecting 4

the recipient of a grant using amounts 5

described in clause (i), a State shall 6

use the priorities described in sub-7

section (b)(3)(A). 8

‘‘(iii) NO INCREASED BONDING AU-9

THORITY.—The amounts deposited in the 10

State loan fund of a State under sub-11

section (t) may not be used as a source of 12

payment of, or security for (directly or in-13

directly), in whole or in part, any obliga-14

tion the interest on which is exempt from 15

the tax imposed under chapter 1 of the In-16

ternal Revenue Code of 1986.’’; 17

(2) in subsection (m)(1), in the matter pre-18

ceding subparagraph (A), by striking ‘‘this section’’ 19

and inserting ‘‘this section, except for subsections 20

(a)(2)(G) and (t)’’; and 21

(3) by adding at the end the following: 22

‘‘(t) EMERGING CONTAMINANTS.— 23

‘‘(1) IN GENERAL.—Amounts made available 24

under this subsection shall be allotted to a State as 25



g:\VHLC\070119\070119.173.xml (738922|2)

26

if allotted under subsection (a)(1)(D) as a capital-1

ization grant, for deposit into the State loan fund of 2

the State, for the purposes described in subsection 3

(a)(2)(G). 4

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 5

There is authorized to be appropriated to carry out 6

this subsection $100,000,000 for each of fiscal years 7

2020 through 2024, to remain available until ex-8

pended.’’. 9

Subtitle C—PFAS Detection 10

SEC. 1731. DEFINITIONS. 11

In this subtitle: 12

(1) DIRECTOR.—The term ‘‘Director’’ means 13

the Director of the United States Geological Survey. 14

(2) PERFLUORINATED COMPOUND.— 15

(A) IN GENERAL.—The term 16

‘‘perfluorinated compound’’ means a 17

perfluoroalkyl substance or a polyfluoroalkyl 18

substance that is manmade with at least 1 fully 19

fluorinated carbon atom. 20

(B) DEFINITIONS.—In this definition: 21

(i) FULLY FLUORINATED CARBON 22

ATOM.—The term ‘‘fully fluorinated carbon 23

atom’’ means a carbon atom on which all 24



g:\VHLC\070119\070119.173.xml (738922|2)

27

the hydrogen substituents have been re-1

placed by fluorine. 2

(ii) NONFLUORINATED CARBON 3

ATOM.—The term ‘‘nonfluorinated carbon 4

atom’’ means a carbon atom on which no 5

hydrogen substituents have been replaced 6

by fluorine. 7

(iii) PARTIALLY FLUORINATED CAR-8

BON ATOM.—The term ‘‘partially 9

fluorinated carbon atom’’ means a carbon 10

atom on which some, but not all, of the hy-11

drogen substituents have been replaced by 12

fluorine. 13

(iv) PERFLUOROALKYL SUBSTANCE.— 14

The term ‘‘perfluoroalkyl substance’’ 15

means a manmade chemical of which all of 16

the carbon atoms are fully fluorinated car-17

bon atoms. 18

(v) POLYFLUOROALKYL SUB-19

STANCE.—The term ‘‘polyfluoroalkyl sub-20

stance’’ means a manmade chemical con-21

taining a mix of fully fluorinated carbon 22

atoms, partially fluorinated carbon atoms, 23

and nonfluorinated carbon atoms. 24



g:\VHLC\070119\070119.173.xml (738922|2)

28

SEC. 1732. PERFORMANCE STANDARD FOR THE DETECTION 1

OF PERFLUORINATED COMPOUNDS. 2

(a) IN GENERAL.—The Director shall establish a per-3

formance standard for the detection of perfluorinated 4

compounds. 5

(b) EMPHASIS.— 6

(1) IN GENERAL.—In developing the perform-7

ance standard under subsection (a), the Director 8

shall emphasize the ability to detect as many 9

perfluorinated compounds present in the environ-10

ment as possible using analytical methods that— 11

(A) achieve limits of quantitation (as de-12

fined in the document of the United States Ge-13

ological Survey entitled ‘‘Analytical Methods for 14

Chemical Analysis of Geologic and Other Mate-15

rials, U.S. Geological Survey’’ and dated 2002); 16

and 17

(B) are as sensitive as is feasible and prac-18

ticable. 19

(2) REQUIREMENT.—In developing the per-20

formance standard under subsection (a), the Direc-21

tor may— 22

(A) develop quality assurance and quality 23

control measures to ensure accurate sampling 24

and testing; 25



g:\VHLC\070119\070119.173.xml (738922|2)

29

(B) develop a training program with re-1

spect to the appropriate method of sample col-2

lection and analysis of perfluorinated com-3

pounds; and 4

(C) coordinate with the Administrator, in-5

cluding, if appropriate, coordinating to develop 6

media-specific, validated analytical methods to 7

detect individual and different perfluorinated 8

compounds simultaneously. 9

SEC. 1733. NATIONWIDE SAMPLING. 10

(a) IN GENERAL.—The Director shall carry out a na-11

tionwide sampling to determine the concentration of 12

perfluorinated compounds in estuaries, lakes, streams, 13

springs, wells, wetlands, rivers, aquifers, and soil using the 14

performance standard developed under section 1732(a). 15

(b) REQUIREMENTS.—In carrying out the sampling 16

under subsection (a), the Director shall— 17

(1) first carry out the sampling at sources of 18

drinking water near locations with known or sus-19

pected releases of perfluorinated compounds; 20

(2) when carrying out sampling of sources of 21

drinking water under paragraph (1), carry out the 22

sampling prior to any treatment of the water; 23

(3) survey for ecological exposure to 24

perfluorinated compounds, with a priority in deter-25



g:\VHLC\070119\070119.173.xml (738922|2)

30

mining direct human exposure through drinking 1

water; and 2

(4) consult with— 3

(A) States to determine areas that are a 4

priority for sampling; and 5

(B) the Administrator— 6

(i) to enhance coverage of the sam-7

pling; and 8

(ii) to avoid unnecessary duplication. 9

(c) REPORT.—Not later than 90 days after the com-10

pletion of the sampling under subsection (a), the Director 11

shall prepare a report describing the results of the sam-12

pling and submit the report to— 13

(1) the Committee on Environment and Public 14

Works and the Committee on Energy and Natural 15

Resources of the Senate; 16

(2) the Committee on Energy and Commerce of 17

the House of Representatives; 18

(3) the Senators of each State in which the Di-19

rector carried out the sampling; and 20

(4) each Member of the House of Representa-21

tives that represents a district in which the Director 22

carried out the sampling. 23



g:\VHLC\070119\070119.173.xml (738922|2)

31

SEC. 1734. DATA USAGE. 1

(a) IN GENERAL.—The Director shall provide the 2

sampling data collected under section 1733 to— 3

(1) the Administrator; and 4

(2) other Federal and State regulatory agencies 5

on request. 6

(b) USAGE.—The sampling data provided under sub-7

section (a) shall be used to inform and enhance assess-8

ments of exposure, likely health and environmental im-9

pacts, and remediation priorities. 10

SEC. 1735. COLLABORATION. 11

In carrying out this subtitle, the Director shall col-12

laborate with— 13

(1) appropriate Federal and State regulators; 14

(2) institutions of higher education; 15

(3) research institutions; and 16

(4) other expert stakeholders. 17

SEC. 1736. AUTHORIZATION OF APPROPRIATIONS. 18

There are authorized to be appropriated to the Direc-19

tor to carry out this subtitle— 20

(1) $5,000,000 for fiscal year 2020; and 21

(2) $10,000,000 for each of fiscal years 2021 22

through 2024. 23



g:\VHLC\070119\070119.173.xml (738922|2)

32

Subtitle D—Safe Drinking Water 1

Assistance 2

SEC. 1741. DEFINITIONS. 3

In this subtitle: 4

(1) CONTAMINANT.—The term ‘‘contaminant’’ 5

means any physical, chemical, biological, or radio-6

logical substance or matter in water. 7

(2) CONTAMINANT OF EMERGING CONCERN; 8

EMERGING CONTAMINANT.—The terms ‘‘contami-9

nant of emerging concern’’ and ‘‘emerging contami-10

nant’’ mean a contaminant— 11

(A) for which the Administrator has not 12

promulgated a national primary drinking water 13

regulation; and 14

(B) that may have an adverse effect on the 15

health of individuals. 16

(3) FEDERAL RESEARCH STRATEGY.—The term 17

‘‘Federal research strategy’’ means the coordinated 18

cross-agency plan for addressing critical research 19

gaps related to detecting, assessing exposure to, and 20

identifying the adverse health effects of emerging 21

contaminants in drinking water developed by the Of-22

fice of Science and Technology Policy in response to 23

the report of the Committee on Appropriations of 24



g:\VHLC\070119\070119.173.xml (738922|2)

33

the Senate accompanying S. 1662 of the 115th Con-1

gress (S. Rept. 115–139). 2

(4) TECHNICAL ASSISTANCE AND SUPPORT.— 3

The term ‘‘technical assistance and support’’ in-4

cludes— 5

(A) assistance with— 6

(i) identifying appropriate analytical 7

methods for the detection of contaminants; 8

(ii) understanding the strengths and 9

limitations of the analytical methods de-10

scribed in clause (i); 11

(iii) troubleshooting the analytical 12

methods described in clause (i); 13

(B) providing advice on laboratory certifi-14

cation program elements; 15

(C) interpreting sample analysis results; 16

(D) providing training with respect to 17

proper analytical techniques; 18

(E) identifying appropriate technology for 19

the treatment of contaminants; and 20

(F) analyzing samples, if— 21

(i) the analysis cannot be otherwise 22

obtained in a practicable manner other-23

wise; and 24



g:\VHLC\070119\070119.173.xml (738922|2)

34

(ii) the capability and capacity to per-1

form the analysis is available at a Federal 2

facility. 3

(5) WORKING GROUP.—The term ‘‘Working 4

Group’’ means the Working Group established under 5

section 1742(b)(1). 6

SEC. 1742. RESEARCH AND COORDINATION PLAN FOR EN-7

HANCED RESPONSE ON EMERGING CONTAMI-8

NANTS. 9

(a) IN GENERAL.—The Administrator shall— 10

(1) review Federal efforts— 11

(A) to identify, monitor, and assist in the 12

development of treatment methods for emerging 13

contaminants; and 14

(B) to assist States in responding to the 15

human health risks posed by contaminants of 16

emerging concern; and 17

(2) in collaboration with owners and operators 18

of public water systems, States, and other interested 19

stakeholders, establish a strategic plan for improving 20

the Federal efforts referred to in paragraph (1). 21

(b) INTERAGENCY WORKING GROUP ON EMERGING 22

CONTAMINANTS.— 23

(1) IN GENERAL.—Not later than 180 days 24

after the date of enactment of this Act, the Adminis-25



g:\VHLC\070119\070119.173.xml (738922|2)

35

trator and the Secretary of Health and Human 1

Services shall jointly establish a Working Group to 2

coordinate the activities of the Federal Government 3

to identify and analyze the public health effects of 4

drinking water contaminants of emerging concern. 5

(2) MEMBERSHIP.—The Working Group shall 6

include representatives of the following: 7

(A) The Environmental Protection Agency, 8

appointed by the Administrator. 9

(B) The following agencies, appointed by 10

the Secretary of Health and Human Services: 11

(i) The National Institutes of Health. 12

(ii) The Centers for Disease Control 13

and Prevention. 14

(iii) The Agency for Toxic Substances 15

and Disease Registry. 16

(C) The United States Geological Survey, 17

appointed by the Secretary of the Interior. 18

(D) Any other Federal agency the assist-19

ance of which the Administrator determines to 20

be necessary to carry out this subsection, ap-21

pointed by the head of the respective agency. 22

(3) EXISTING WORKING GROUP.—The Adminis-23

trator may expand or modify the duties of an exist-24



g:\VHLC\070119\070119.173.xml (738922|2)

36

ing working group to perform the duties of the 1

Working Group under this subsection. 2

(c) NATIONAL EMERGING CONTAMINANT RESEARCH 3

INITIATIVE.— 4

(1) FEDERAL RESEARCH STRATEGY.— 5

(A) IN GENERAL.—Not later than 180 6

days after the date of enactment of this Act, 7

the Director of the Office of Science and Tech-8

nology Policy (referred to in this subsection as 9

the ‘‘Director’’) shall coordinate with the heads 10

of the agencies described in subparagraph (C) 11

to establish a research initiative, to be known as 12

the ‘‘National Emerging Contaminant Research 13

Initiative’’, that shall— 14

(i) use the Federal research strategy 15

to improve the identification, analysis, 16

monitoring, and treatment methods of con-17

taminants of emerging concern; and 18

(ii) develop any necessary program, 19

policy, or budget to support the implemen-20

tation of the Federal research strategy, in-21

cluding mechanisms for joint agency review 22

of research proposals, for interagency co-23

funding of research activities, and for in-24

formation sharing across agencies. 25



g:\VHLC\070119\070119.173.xml (738922|2)

37

(B) RESEARCH ON EMERGING CONTAMI-1

NANTS.—In carrying out subparagraph (A), the 2

Director shall— 3

(i) take into consideration consensus 4

conclusions from peer-reviewed, pertinent 5

research on emerging contaminants; and 6

(ii) in consultation with the Adminis-7

trator, identify priority emerging contami-8

nants for research emphasis. 9

(C) FEDERAL PARTICIPATION.—The agen-10

cies referred to in subparagraph (A) include— 11

(i) the National Science Foundation; 12

(ii) the National Institutes of Health; 13

(iii) the Environmental Protection 14

Agency; 15

(iv) the National Institute of Stand-16

ards and Technology; 17

(v) the United States Geological Sur-18

vey; and 19

(vi) any other Federal agency that 20

contributes to research in water quality, 21

environmental exposures, and public 22

health, as determined by the Director. 23

(D) PARTICIPATION FROM ADDITIONAL 24

ENTITIES.—In carrying out subparagraph (A), 25



g:\VHLC\070119\070119.173.xml (738922|2)

38

the Director shall consult with nongovernmental 1

organizations, State and local governments, and 2

science and research institutions determined by 3

the Director to have scientific or material inter-4

est in the National Emerging Contaminant Re-5

search Initiative. 6

(2) IMPLEMENTATION OF RESEARCH REC-7

OMMENDATIONS.— 8

(A) IN GENERAL.—Not later than 1 year 9

after the date on which the Director and heads 10

of the agencies described in paragraph (1)(C) 11

establish the National Emerging Contaminant 12

Research Initiative under paragraph (1)(A), the 13

head of each agency described in paragraph 14

(1)(C) shall— 15

(i) issue a solicitation for research 16

proposals consistent with the Federal re-17

search strategy; and 18

(ii) make grants to applicants that 19

submit research proposals selected by the 20

National Emerging Contaminant Research 21

Initiative in accordance with subparagraph 22

(B). 23

(B) SELECTION OF RESEARCH PRO-24

POSALS.—The National Emerging Contaminant 25



g:\VHLC\070119\070119.173.xml (738922|2)

39

Research Initiative shall select research pro-1

posals to receive grants under this paragraph 2

on the basis of merit, using criteria identified 3

by the Director, including the likelihood that 4

the proposed research will result in significant 5

progress toward achieving the objectives identi-6

fied in the Federal research strategy. 7

(C) ELIGIBLE ENTITIES.—Any entity or 8

group of 2 or more entities may submit to the 9

head of each agency described in paragraph 10

(1)(C) a research proposal in response to the 11

solicitation for research proposals described in 12

subparagraph (A)(i), including— 13

(i) State and local agencies; 14

(ii) public institutions, including pub-15

lic institutions of higher education; 16

(iii) private corporations; and 17

(iv) nonprofit organizations. 18

(d) FEDERAL TECHNICAL ASSISTANCE AND SUP-19

PORT FOR STATES.— 20

(1) STUDY.— 21

(A) IN GENERAL.—Not later than 1 year 22


ministrator shall conduct a study on actions the 24

Administrator can take to increase technical as-25



g:\VHLC\070119\070119.173.xml (738922|2)

40

sistance and support for States with respect to 1

emerging contaminants in drinking water sam-2

ples. 3

(B) CONTENTS OF STUDY.—In carrying 4

out the study described in subparagraph (A), 5

the Administrator shall identify— 6

(i) methods and effective treatment 7

options to increase technical assistance and 8

support with respect to emerging contami-9

nants to States, including identifying op-10

portunities for States to improve commu-11

nication with various audiences about the 12

risks associated with emerging contami-13

nants; 14

(ii) means to facilitate access to quali-15

fied contract testing laboratory facilities 16

that conduct analyses for emerging con-17

taminants; and 18

(iii) actions to be carried out at exist-19

ing Federal laboratory facilities, including 20

the research facilities of the Administrator, 21

to provide technical assistance and support 22

for States that require testing facilities for 23

emerging contaminants. 24



g:\VHLC\070119\070119.173.xml (738922|2)

41

(C) AVAILABILITY OF ANALYTICAL RE-1

SOURCES.—In carrying out the study described 2

in subparagraph (A), the Administrator shall 3

consider— 4

(i) the availability of— 5

(I) Federal and non-Federal lab-6

oratory capacity; and 7

(II) validated methods to detect 8

and analyze contaminants; and 9

(ii) other factors determined to be ap-10

propriate by the Administrator. 11

(2) REPORT.—Not later than 18 months after 12

the date of enactment of this Act, the Administrator 13

shall submit to Congress a report describing the re-14

sults of the study described in paragraph (1). 15

(3) PROGRAM TO PROVIDE FEDERAL ASSIST-16

ANCE TO STATES.— 17

(A) IN GENERAL.—Not later than 3 years 18

after the date of enactment of this Act, based 19

on the findings in the report described in para-20

graph (2), the Administrator shall develop a 21

program to provide technical assistance and 22

support to eligible States for the testing and 23

analysis of emerging contaminants. 24

(B) APPLICATION.— 25



g:\VHLC\070119\070119.173.xml (738922|2)

42

(i) IN GENERAL.—To be eligible for 1

technical assistance and support under this 2

paragraph, a State shall submit to the Ad-3

ministrator an application at such time, in 4

such manner, and containing such infor-5

mation as the Administrator may require. 6

(ii) CRITERIA.—The Administrator 7

shall evaluate an application for technical 8

assistance and support under this para-9

graph on the basis of merit using criteria 10

identified by the Administrator, includ-11

ing— 12

(I) the laboratory facilities avail-13

able to the State; 14

(II) the availability and applica-15

bility of existing analytical methodolo-16

gies; 17

(III) the potency and severity of 18

the emerging contaminant, if known; 19

and 20

(IV) the prevalence and mag-21

nitude of the emerging contaminant. 22

(iii) PRIORITIZATION.—In selecting 23

States to receive technical assistance and 24



g:\VHLC\070119\070119.173.xml (738922|2)

43

support under this paragraph, the Admin-1

istrator— 2

(I) shall give priority to States 3

with affected areas primarily in finan-4

cially distressed communities; 5

(II) may— 6

(aa) waive the application 7

process in an emergency situa-8

tion; and 9

(bb) require an abbreviated 10

application process for the con-11

tinuation of work specified in a 12

previously approved application 13

that continues to meet the cri-14

teria described in clause (ii); and 15

(III) shall consider the relative 16

expertise and availability of— 17

(aa) Federal and non-Fed-18

eral laboratory capacity available 19

to the State; 20

(bb) analytical resources 21

available to the State; and 22

(cc) other types of technical 23

assistance available to the State. 24



g:\VHLC\070119\070119.173.xml (738922|2)

44

(C) DATABASE OF AVAILABLE RE-1

SOURCES.—The Administrator shall establish 2

and maintain a database of resources available 3

through the program developed under subpara-4

graph (A) to assist States with testing for 5

emerging contaminants that— 6

(i) is— 7

(I) available to States and stake-8

holder groups determined by the Ad-9

ministrator to have scientific or mate-10

rial interest in emerging contami-11

nants, including— 12

(aa) drinking water and 13

wastewater utilities; 14

(bb) laboratories; 15

(cc) Federal and State emer-16

gency responders; 17

(dd) State primacy agencies; 18

(ee) public health agencies; 19

and 20

(ff) water associations; 21

(II) searchable; and 22

(III) accessible through the 23

website of the Administrator; and 24

(ii) includes a description of— 25



g:\VHLC\070119\070119.173.xml (738922|2)

45

(I) qualified contract testing lab-1

oratory facilities that conduct analyses 2

for emerging contaminants; and 3

(II) the resources available in 4

Federal laboratory facilities to test for 5

emerging contaminants. 6

(D) WATER CONTAMINANT INFORMATION 7

TOOL.—The Administrator shall integrate the 8

database established under subparagraph (C) 9

into the Water Contaminant Information Tool 10

of the Environmental Protection Agency. 11

(4) FUNDING.—Of the amounts available to the 12

Administrator, the Administrator may use not more 13

than $15,000,000 in a fiscal year to carry out this 14

subsection. 15

(e) REPORT.—Not less frequently than once every 2 16

years until 2029, the Administrator shall submit to Con-17

gress a report that describes the progress made in car-18

rying out this subtitle. 19

(f) EFFECT.—Nothing in this section modifies any 20

obligation of a State, local government, or Indian Tribe 21

with respect to treatment methods for, or testing or moni-22

toring of, drinking water. 23



g:\VHLC\070119\070119.173.xml (738922|2)

46

Subtitle E—Miscellaneous 1

SEC. 1751. PFAS DATA CALL. 2

Section 8(a) of the Toxic Substances Control Act (15 3

U.S.C. 2607(a)) is amended by adding at the end the fol-4

lowing: 5

‘‘(7) PFAS DATA.—Not later than January 1, 6

2023, the Administrator shall promulgate a rule in 7

accordance with this subsection requiring each per-8

son who has manufactured a chemical substance 9

that is a perfluoroalkyl or polyfluoroalkyl substance 10

in any year since January 1, 2006, to submit to the 11

Administrator a report that includes, for each year 12

since January 1, 2006, the information described in 13

paragraph (2).’’. 14

SEC. 1752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN 15

PFAS. 16

Not later than June 22, 2020, the Administrator 17

shall take final action on the significant new use rule pro-18

posed by the Administrator under the Toxic Substances 19

Control Act (15 U.S.C. 2601 et seq.) in the proposed rule 20

entitled ‘‘Long-Chain Perfluoroalkyl Carboxylate and 21

Perfluoroalkyl Sulfonate Chemical Substances; Significant 22

New Use Rule’’ (80 Fed. Reg. 2885 (January 21, 2015)). 23



g:\VHLC\070119\070119.173.xml (738922|2)

47

SEC. 1753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE. 1

(a) IN GENERAL.—Not later than 1 year after the 2

date of enactment of this Act, the Administrator shall 3

publish interim guidance on the destruction and disposal 4

of perfluoroalkyl and polyfluoroalkyl substances and mate-5

rials containing perfluoroalkyl and polyfluoroalkyl sub-6

stances, including— 7

(1) aqueous film-forming foam; 8

(2) soil and biosolids; 9

(3) textiles treated with perfluoroalkyl and 10

polyfluoroalkyl substances; and 11

(4) spent filters, membranes, and other waste 12

from water treatment. 13

(b) CONSIDERATIONS; INCLUSIONS.—The interim 14

guidance under subsection (a) shall— 15

(1) take into consideration— 16

(A) the potential for releases of 17

perfluoroalkyl and polyfluoroalkyl substances 18

during destruction or disposal, including 19

through volatilization, air dispersion, or leach-20

ate; and 21

(B) potentially vulnerable populations liv-22

ing near likely destruction or disposal sites; and 23

(2) provide guidance on testing and monitoring 24

air, effluent, and soil near potential destruction or 25



g:\VHLC\070119\070119.173.xml (738922|2)

48

disposal sites for releases described in paragraph 1

(1)(A). 2

(c) REVISIONS.—The Administrator shall publish re-3

visions to the interim guidance under subsection (a) as 4

the Administrator determines to be appropriate, but not 5

less frequently than once every 3 years. 6

SEC. 1754. PFAS RESEARCH AND DEVELOPMENT. 7

(a) IN GENERAL.—The Administrator, acting 8

through the Assistant Administrator for the Office of Re-9

search and Development, shall— 10

(1)(A) further examine the effects of 11

perfluoroalkyl and polyfluoroalkyl substances on 12

human health and the environment; and 13

(B) make publicly available information relating 14

to the findings under subparagraph (A); 15

(2) develop a process for prioritizing which 16

perfluoroalkyl and polyfluoroalkyl substances, or 17

classes of perfluoroalkyl and polyfluoroalkyl sub-18

stances, should be subject to additional research or 19

regulatory efforts that is based on— 20

(A) the potential for human exposure to 21

the substances or classes of substances; 22

(B) the potential toxicity of the substances 23

or classes of substances; and 24



g:\VHLC\070119\070119.173.xml (738922|2)

49

(C) information available about the sub-1

stances or classes of substances; 2

(3) develop new tools to characterize and iden-3

tify perfluoroalkyl and polyfluoroalkyl substances in 4

the environment, including in drinking water, waste-5

water, surface water, groundwater, solids, and the 6

air; 7

(4) evaluate approaches for the remediation of 8

contamination by perfluoroalkyl and polyfluoroalkyl 9

substances in the environment; and 10

(5) develop and implement new tools and mate-11

rials to communicate with the public about 12

perfluoroalkyl and polyfluoroalkyl substances. 13

(b) FUNDING.—There is authorized to be appro-14

priated to the Administrator to carry out this section 15

$15,000,000 for each of fiscal years 2020 through 2024. 16

◊



g:\VHLC\070119\070119.173.xml (738922|2)

Documents

AMENDMENT TO RULES COMMITTEE PRINT 116– · AMENDMENT TO RULES COMMITTEE PRINT 116– 19 OFFERED BY MR.FITZPATRICK OF PENNSYLVANIA At the end of the division A, insert the following