[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1372

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2019

  Ms. Stabenow (for herself, Mr. Rubio, Mr. Carper, Mr. Tillis, Mrs. 
 Shaheen, Mr. Burr, Mr. Peters, Ms. Hassan, Ms. Baldwin, Ms. Cantwell, 
 and Mr. Manchin) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PFAS Accountability Act of 2019''.

SEC. 2. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND REMEDIAL 
              ACTIONS TO ADDRESS DRINKING, SURFACE, AND GROUND WATER 
              AND SOIL CONTAMINATION FROM PFAS.

    (a) Definitions.--In this section:
            (1) Federal facility.--
                    (A) In general.--The term ``Federal facility'' 
                means a facility (as defined in section 101 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601)) that is owned 
                or operated by the Federal Government.
                    (B) Inclusion.--The term ``Federal facility'' 
                includes--
                            (i) a facility or site--
                                    (I) owned by, leased to, or 
                                otherwise possessed by the United 
                                States; or
                                    (II) under the jurisdiction of the 
                                Secretary of Defense;
                            (ii) a facility or site that, at the time 
                        of the actions leading to contamination or 
                        suspected contamination of drinking water, 
                        surface water, or groundwater or land surface 
                        or subsurface strata from a perfluorinated 
                        compound, was--
                                    (I) owned by, leased to, or 
                                otherwise possessed by the United 
                                States; or
                                    (II) under the jurisdiction of the 
                                Secretary of Defense; and
                            (iii) land owned and operated by a State 
                        when the land is used for training the National 
                        Guard pursuant to chapter 5 of title 32, United 
                        States Code, with funds provided by the 
                        Secretary of Defense or the Secretary of a 
                        military department, even though that land is 
                        not under the jurisdiction of the Secretary of 
                        Defense.
            (2) Fully fluorinated carbon atom.--The term ``fully 
        fluorinated carbon atom'' means a carbon atom on which all the 
        hydrogen substituents have been replaced by fluorine.
            (3) Perfluorinated compound.--The term ``perfluorinated 
        compound'' means a perfluoroalkyl substance or a 
        polyfluoroalkyl substance (or ``PFAS'') that is manmade with at 
        least 1 fully fluorinated carbon atom.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
    (b) Cooperative Agreement.--
            (1) In general.--On request by the Governor or chief 
        executive of a State, a Federal department or agency shall work 
        expeditiously to finalize a cooperative agreement for, or to 
        amend an existing cooperative agreement to address, testing, 
        monitoring, removal, and remedial actions to address 
        contamination or suspected contamination of drinking water, 
        surface water, or groundwater or land surface or subsurface 
        strata from a perfluorinated compound originating from a 
        Federal facility.
            (2) Minimum standards.--A cooperative agreement finalized 
        or amended under paragraph (1) shall require the area subject 
        to the cooperative agreement to meet or exceed the most 
        stringent of the following standards for perfluorinated 
        compounds in any environmental media:
                    (A) An enforceable State standard, in effect in 
                that State, for drinking water, surface water, or 
                groundwater or land surface or subsurface strata, as 
                required under section 121(d) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9621(d)).
                    (B) A health advisory under section 1412(b)(1)(F) 
                of the Safe Drinking Water Act (42 U.S.C. 300g-
                1(b)(1)(F)).
                    (C) Any Federal standard, requirement, criterion, 
                or limit, including a standard, requirement, criterion, 
                or limit issued under--
                            (i) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (iv) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (v) the Marine Protection, Research, and 
                        Sanctuaries Act of 1972 (commonly known as the 
                        ``Ocean Dumping Act'') (33 U.S.C. 1401 et 
                        seq.); or
                            (vi) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.).
            (3) Other authority.--In addition to the requirements for a 
        cooperative agreement under paragraph (1), when otherwise 
        authorized to expend funds for the purpose of addressing ground 
        or surface water contaminated by a perfluorinated compound, the 
        head of a Federal department or agency may, to expend those 
        funds, enter into a grant agreement, cooperative agreement, or 
        contract with--
                    (A) the local water authority with jurisdiction 
                over the contamination site, including--
                            (i) a public water system (as defined in 
                        section 1401 of the Safe Drinking Water Act (42 
                        U.S.C. 300f)); and
                            (ii) a publicly owned treatment works (as 
                        defined in section 212 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1292)); or
                    (B) a State, local, or Tribal government.
    (c) Notification Requirement.--
            (1) Definition of appropriate congressional committees.--In 
        this subsection, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Oversight and Reform of the 
                House of Representatives.
            (2) Report.--
                    (A) In general.--If a cooperative agreement is not 
                finalized or amended under subsection (b) by the date 
                that is 1 year after the date on which a request by the 
                Governor or chief executive of a State was made, the 
                President shall submit a report described in 
                subparagraph (B) to--
                            (i) the appropriate congressional 
                        committees;
                            (ii) each Senator from the State affected 
                        by the perfluorinated compound contamination; 
                        and
                            (iii) each member of Congress that 
                        represents a district affected by the 
                        perfluorinated compound contamination.
                    (B) Report described.--The report referred to in 
                subparagraph (A) shall include--
                            (i) a detailed explanation of why a 
                        cooperative agreement has not been finalized or 
                        amended, as applicable; and
                            (ii) a projected timeline for finalizing or 
                        amending a cooperative agreement, as 
                        applicable.
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