[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 119
116th CONGRESS
  1st Session
                                S. 1507

To include certain perfluoroalkyl and polyfluoroalkyl substances in the 
           toxics release inventory, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2019

 Mrs. Capito (for herself, Mrs. Gillibrand, and Mr. Carper) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

                             June 19, 2019

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To include certain perfluoroalkyl and polyfluoroalkyl substances in the 
           toxics release inventory, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``PFAS Release Disclosure 
Act''.</DELETED>

<DELETED>SEC. 2. ADDITIONS TO TOXICS RELEASE INVENTORY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (2) Toxics release inventory.--The term ``toxics 
        release inventory'' means the toxics release inventory under 
        section 313(c) of the Emergency Planning and Community Right-
        To-Know Act of 1986 (42 U.S.C. 11023(c)).</DELETED>
<DELETED>    (b) Immediate Inclusion.--</DELETED>
        <DELETED>    (1) In general.--Subject to subsection (e), 
        beginning January 1 of the calendar year following the date of 
        enactment of this Act, the following chemicals shall be deemed 
        to be included in the toxics release inventory:</DELETED>
                <DELETED>    (A) Perfluorooctanoic acid (commonly 
                referred to as ``PFOA'') (Chemical Abstracts Service 
                No. 335-67-1).</DELETED>
                <DELETED>    (B) The salt associated with the chemical 
                described in subparagraph (A) (Chemical Abstracts 
                Service No. 3825-26-1).</DELETED>
                <DELETED>    (C) Perfluorooctane sulfonic acid 
                (commonly referred to as ``PFOS'') (Chemical Abstracts 
                Service No. 1763-23-1).</DELETED>
                <DELETED>    (D) The salts associated with the chemical 
                described in subparagraph (C) (Chemical Abstract 
                Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081-
                56-9, 4021-47-0, 111873-33-7, and 91036-71-
                4).</DELETED>
                <DELETED>    (E) A perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is--</DELETED>
                        <DELETED>    (i) listed as an active chemical 
                        substance in the February 2019 update to the 
                        inventory under section 8(b)(1) of the Toxic 
                        Substances Control Act (15 U.S.C. 2607(b)(1)); 
                        and</DELETED>
                        <DELETED>    (ii) on the date of enactment of 
                        this Act, subject to the provisions of--
                        </DELETED>
                                <DELETED>    (I) section 721.9582 of 
                                title 40, Code of Federal Regulations; 
                                or</DELETED>
                                <DELETED>    (II) section 721.10536 of 
                                title 40, Code of Federal 
                                Regulations.</DELETED>
        <DELETED>    (2) Threshold for reporting.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the threshold for reporting the chemicals 
                described in paragraph (1) under section 313(f)(1) of 
                the Emergency Planning and Community Right-To-Know Act 
                of 1986 (42 U.S.C. 11023(f)(1)) is 100 
                pounds.</DELETED>
                <DELETED>    (B) Revisions.--Not later than 5 years 
                after the date of enactment of this Act, the 
                Administrator shall--</DELETED>
                        <DELETED>    (i) determine whether revision of 
                        the threshold under subparagraph (A) is 
                        warranted; and</DELETED>
                        <DELETED>    (ii) if the Administrator 
                        determines a revision to be warranted under 
                        clause (i), initiate a revision under section 
                        313(f)(2) of the Emergency Planning and 
                        Community Right-To-Know Act of 1986 (42 U.S.C. 
                        11023(f)(2)).</DELETED>
<DELETED>    (c) Inclusion Following Assessment.--</DELETED>
        <DELETED>    (1) In general.--Subject to subsection (e), a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances shall be 
        automatically included in the toxics release inventory 
        beginning January 1 of the calendar year after any of the 
        following dates:</DELETED>
                <DELETED>    (A) Establishment of toxicity value.--The 
                date on which the Administrator establishes a toxicity 
                value for the perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances.</DELETED>
                <DELETED>    (B) Significant new use rule.--The date on 
                which the Administrator finalizes a significant new use 
                rule under subsection (a)(2) or (f) of section 5 of the 
                Toxic Substances Control Act (15 U.S.C. 2604) for the 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances.</DELETED>
                <DELETED>    (C) Addition to existing significant new 
                use rule.--The date on which the perfluoroalkyl or 
                polyfluoroalkyl substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances is added to a list of 
                substances covered by a significant new use rule under 
                subsection (a)(2) or (f) of section 5 of the Toxic 
                Substances Control Act (15 U.S.C. 2604).</DELETED>
                <DELETED>    (D) Addition as active chemical 
                substance.--The date on which the perfluoroalkyl or 
                polyfluoroalkyl substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances that is on a list of 
                substances covered by a significant new use rule under 
                subsection (a)(2) or (f) of section 5 of the Toxic 
                Substances Control Act (15 U.S.C. 2604) is added as an 
                active chemical substance on the inventory under 
                section 8(b)(1) of the Toxic Substances Control Act (15 
                U.S.C. 2607(b)(1)).</DELETED>
        <DELETED>    (2) Threshold for reporting.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the threshold for reporting under section 
                313(f)(1) of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11203(f)(1)) the 
                substances and classes of substances included in the 
                toxics release inventory under paragraph (1) is 100 
                pounds.</DELETED>
                <DELETED>    (B) Revisions.--Not later than 5 years 
                after the date of enactment of this Act, the 
                Administrator shall--</DELETED>
                        <DELETED>    (i) determine whether revision of 
                        the thresholds under subparagraph (A) is 
                        warranted; and</DELETED>
                        <DELETED>    (ii) if the Administrator 
                        determines a revision to be warranted under 
                        clause (i), initiate a revision under section 
                        313(f)(2) of the Emergency Planning and 
                        Community Right-To-Know Act of 1986 (42 U.S.C. 
                        11023(f)(2)).</DELETED>
<DELETED>    (d) Inclusion Following Determination.--</DELETED>
        <DELETED>    (1) In general.--To the extent not already subject 
        to subsection (b), not later than 2 years after the date of 
        enactment of this Act, the Administrator shall determine 
        whether the substances and classes of substances described in 
        paragraph (2) meet the criteria described in section 313(d)(2) 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics 
        release inventory.</DELETED>
        <DELETED>    (2) Substances described.--The substances and 
        classes of substances referred to in paragraph (1) are 
        perfluoroalkyl and polyfluoroalkyl substances and classes of 
        perfluoroalkyl and polyfluoroalkyl substances, including--
        </DELETED>
                <DELETED>    (A) hexafluoropropylene oxide dimer acid 
                (Chemical Abstracts Service No. 13252-13-6);</DELETED>
                <DELETED>    (B) the compounds associated with the 
                chemical described in subparagraph (A) (Chemical 
                Abstracts Service Nos. 62037-80-3 and 2062-98-
                8);</DELETED>
                <DELETED>    (C) perfluoro[(2-pentafluoroethoxy-
                ethoxy)acetic acid] ammonium salt (Chemical Abstracts 
                Service No. 908020-52-0);</DELETED>
                <DELETED>    (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-
                hexafluoro)-2-(trifluoromethoxy) propanoyl fluoride 
                (Chemical Abstracts Service No. 2479-75-6);</DELETED>
                <DELETED>    (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-
                hexafluoro)-2-(trifluoromethoxy) propionic acid 
                (Chemical Abstracts Service No. 2479-73-4);</DELETED>
                <DELETED>    (F) 3H-perfluoro-3-[(3-methoxy-propoxy) 
                propanoic acid] (Chemical Abstracts Service No. 919005-
                14-4);</DELETED>
                <DELETED>    (G) the salts associated with the chemical 
                described in subparagraph (F) (Chemical Abstracts 
                Service Nos. 958445-44-8, 1087271-46-2, and 
                NOCAS_892452);</DELETED>
                <DELETED>    (H) 1-octanesulfonic acid 
                3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt 
                (Chemical Abstracts Service No. 59587-38-1);</DELETED>
                <DELETED>    (I) perfluorobutanesulfonic acid (Chemical 
                Abstracts Service No. 375-73-5);</DELETED>
                <DELETED>    (J) 1-Butanesulfonic acid, 
                1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical 
                Abstracts Service No. 29420-49-3);</DELETED>
                <DELETED>    (K) the component associated with the 
                chemical described in subparagraph (J) (Chemical 
                Abstracts Service No. 45187-15-3);</DELETED>
                <DELETED>    (L) heptafluorobutyric acid (Chemical 
                Abstracts Service No. 375-22-4);</DELETED>
                <DELETED>    (M) perfluorohexanoic acid (Chemical 
                Abstracts Service No. 307-24-4); and</DELETED>
                <DELETED>    (N) a perfluoroalkyl and polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances other than those chemicals described in 
                subparagraphs (A) through (M) that is used to 
                manufacture fluoropolymers, as determined by the 
                Administrator.</DELETED>
        <DELETED>    (3) Addition to toxics release inventory.--Subject 
        to subsection (e), if the Administrator determines under 
        paragraph (1) that a substance or a class of substances 
        described in paragraph (2) meets the criteria described in 
        section 313(d)(2) of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the 
        Administrator shall revise the toxics release inventory to 
        include that substance or class of substances not later than 2 
        years after the date on which the Administrator makes the 
        determination.</DELETED>
<DELETED>    (e) Confidential Business Information.--</DELETED>
        <DELETED>    (1) In general.--Prior to including on the toxics 
        release inventory pursuant to subsection (b)(1), (c)(1), or 
        (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class 
        of perfluoroalkyl or polyfluoroalkyl substances the chemical 
        identity of which is subject to a claim of a person of 
        protection from disclosure under subsection (a) of section 552 
        of title 5, United States Code, pursuant to subsection (b)(4) 
        of that section, the Administrator shall--</DELETED>
                <DELETED>    (A) review that claim of protection from 
                disclosure; and</DELETED>
                <DELETED>    (B) require that person to reassert and 
                substantiate or resubstantiate that claim in accordance 
                with section 14(f) of the Toxic Substances Control Act 
                (15 U.S.C. 2613(f)).</DELETED>
        <DELETED>    (2) Nondisclosure of protection information.--If 
        the Administrator determines that the chemical identity of a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances qualifies for 
        protection from disclosure under paragraph (1), the 
        Administrator shall include the substance or class of 
        substances, as applicable, on the toxics release inventory in a 
        manner that does not disclose the protected 
        information.</DELETED>
<DELETED>    (f) Emergency Planning and Community Right-To-Know Act of 
1986.--Section 313(c) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(c)) is amended--</DELETED>
        <DELETED>    (1) by striking the period at the end and 
        inserting ``; and'';</DELETED>
        <DELETED>    (2) by striking ``are those chemicals'' and 
        inserting the following: ``are--</DELETED>
        <DELETED>    ``(1) the chemicals''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) the chemicals included under subsections 
        (b)(1), (c)(1), and (d)(3) of section 2 of the PFAS Release 
        Disclosure Act.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``PFAS Release 
Disclosure and Protection Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.

                    TITLE I--PFAS RELEASE DISCLOSURE

Sec. 101. Additions to toxics release inventory.

                        TITLE II--DRINKING WATER

Sec. 201. National primary drinking water regulations for PFAS.
Sec. 202. Monitoring and detection.
Sec. 203. Enforcement.
Sec. 204. Drinking water state revolving funds.

                       TITLE III--PFAS DETECTION

Sec. 301. Definitions.
Sec. 302. Performance standard for the detection of perfluorinated 
                            compounds.
Sec. 303. Nationwide sampling.
Sec. 304. Data usage.
Sec. 305. Collaboration.
Sec. 306. Authorization of appropriations.

                TITLE IV--SAFE DRINKING WATER ASSISTANCE

Sec. 401. Definitions.
Sec. 402. Research and coordination plan for enhanced response on 
                            emerging contaminants.

                         TITLE V--MISCELLANEOUS

Sec. 501. Department of Defense authorities.
Sec. 502. PFAS data call.
Sec. 503. Significant new use rule for long-chain PFAS.
Sec. 504. PFAS destruction and disposal guidance.
Sec. 505. PFAS research and development.

SEC. 2. DEFINITION OF ADMINISTRATOR.

    In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

                    TITLE I--PFAS RELEASE DISCLOSURE

SEC. 101. ADDITIONS TO TOXICS RELEASE INVENTORY.

    (a) Definition of Toxics Release Inventory.--In this section, the 
term ``toxics release inventory'' means the toxics release inventory 
under section 313(c) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(c)).
    (b) Immediate Inclusion.--
            (1) In general.--Subject to subsection (e), beginning 
        January 1 of the calendar year following the date of enactment 
        of this Act, the following chemicals shall be deemed to be 
        included in the toxics release inventory:
                    (A) Perfluorooctanoic acid (commonly referred to as 
                ``PFOA'') (Chemical Abstracts Service No. 335-67-1).
                    (B) The salt associated with the chemical described 
                in subparagraph (A) (Chemical Abstracts Service No. 
                3825-26-1).
                    (C) Perfluorooctane sulfonic acid (commonly 
                referred to as ``PFOS'') (Chemical Abstracts Service 
                No. 1763-23-1).
                    (D) The salts associated with the chemical 
                described in subparagraph (C) (Chemical Abstract 
                Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081-
                56-9, 4021-47-0, 111873-33-7, and 91036-71-4).
                    (E) A perfluoroalkyl or polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is--
                            (i) listed as an active chemical substance 
                        in the February 2019 update to the inventory 
                        under section 8(b)(1) of the Toxic Substances 
                        Control Act (15 U.S.C. 2607(b)(1)); and
                            (ii) on the date of enactment of this Act, 
                        subject to the provisions of--
                                    (I) section 721.9582 of title 40, 
                                Code of Federal Regulations; or
                                    (II) section 721.10536 of title 40, 
                                Code of Federal Regulations.
            (2) Threshold for reporting.--
                    (A) In general.--Subject to subparagraph (B), the 
                threshold for reporting the chemicals described in 
                paragraph (1) under section 313(f)(1) of the Emergency 
                Planning and Community Right-To-Know Act of 1986 (42 
                U.S.C. 11023(f)(1)) is 100 pounds.
                    (B) Revisions.--Not later than 5 years after the 
                date of enactment of this Act, the Administrator 
                shall--
                            (i) determine whether revision of the 
                        threshold under subparagraph (A) is warranted; 
                        and
                            (ii) if the Administrator determines a 
                        revision to be warranted under clause (i), 
                        initiate a revision under section 313(f)(2) of 
                        the Emergency Planning and Community Right-To-
                        Know Act of 1986 (42 U.S.C. 11023(f)(2)).
    (c) Inclusion Following Assessment.--
            (1) In general.--Subject to subsection (e), a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances shall be 
        automatically included in the toxics release inventory 
        beginning January 1 of the calendar year after any of the 
        following dates:
                    (A) Establishment of toxicity value.--The date on 
                which the Administrator establishes a toxicity value 
                for the perfluoroalkyl or polyfluoroalkyl substance or 
                class of perfluoroalkyl or polyfluoroalkyl substances.
                    (B) Significant new use rule.--The date on which 
                the Administrator finalizes a significant new use rule 
                under subsection (a)(2) of section 5 of the Toxic 
                Substances Control Act (15 U.S.C. 2604), except a 
                significant new use rule promulgated in connection with 
                an order issued under subsection (e) of that section, 
                for the perfluoroalkyl or polyfluoroalkyl substance or 
                class of perfluoroalkyl or polyfluoroalkyl substances.
                    (C) Addition to existing significant new use 
                rule.--The date on which the perfluoroalkyl or 
                polyfluoroalkyl substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances is added to a list of 
                substances covered by a significant new use rule 
                previously promulgated under subsection (a)(2) of 
                section 5 of the Toxic Substances Control Act (15 
                U.S.C. 2604), except a significant new use rule 
                promulgated in connection with an order issued under 
                subsection (e) of that section.
                    (D) Addition as active chemical substance.--The 
                date on which the perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is on a list of substances covered by a 
                significant new use rule under subsection (a)(2) of 
                section 5 of the Toxic Substances Control Act (15 
                U.S.C. 2604), except a significant new use rule 
                promulgated in connection with an order issued under 
                subsection (e) of that section, is--
                            (i) added to the inventory under subsection 
                        (b)(1) of section 8 of the Toxic Substances 
                        Control Act (15 U.S.C. 2607) and designated as 
                        an active chemical substance under subsection 
                        (b)(5)(A) of that section; or
                            (ii) designated as an active chemical 
                        substance on the inventory in accordance with 
                        subsection (b)(5)(B) of that section.
            (2) Threshold for reporting.--
                    (A) In general.--Subject to subparagraph (B), the 
                threshold for reporting under section 313(f)(1) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11203(f)(1)) the substances and classes 
                of substances included in the toxics release inventory 
                under paragraph (1) is 100 pounds.
                    (B) Revisions.--Not later than 5 years after the 
                date of enactment of this Act, the Administrator 
                shall--
                            (i) determine whether revision of the 
                        thresholds under subparagraph (A) is warranted; 
                        and
                            (ii) if the Administrator determines a 
                        revision to be warranted under clause (i), 
                        initiate a revision under section 313(f)(2) of 
                        the Emergency Planning and Community Right-To-
                        Know Act of 1986 (42 U.S.C. 11023(f)(2)).
    (d) Inclusion Following Determination.--
            (1) In general.--To the extent not already subject to 
        subsection (b), not later than 2 years after the date of 
        enactment of this Act, the Administrator shall determine 
        whether the substances and classes of substances described in 
        paragraph (2) meet the criteria described in section 313(d)(2) 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics 
        release inventory.
            (2) Substances described.--The substances and classes of 
        substances referred to in paragraph (1) are perfluoroalkyl and 
        polyfluoroalkyl substances and classes of perfluoroalkyl and 
        polyfluoroalkyl substances, including--
                    (A) hexafluoropropylene oxide dimer acid (Chemical 
                Abstracts Service No. 13252-13-6);
                    (B) the compounds associated with the chemical 
                described in subparagraph (A) (Chemical Abstracts 
                Service Nos. 62037-80-3 and 2062-98-8);
                    (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic 
                acid] ammonium salt (Chemical Abstracts Service No. 
                908020-52-0);
                    (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
                2-(trifluoromethoxy) propanoyl fluoride (Chemical 
                Abstracts Service No. 2479-75-6);
                    (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
                2-(trifluoromethoxy) propionic acid (Chemical Abstracts 
                Service No. 2479-73-4);
                    (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic 
                acid] (Chemical Abstracts Service No. 919005-14-4);
                    (G) the salts associated with the chemical 
                described in subparagraph (F) (Chemical Abstracts 
                Service Nos. 958445-44-8, 1087271-46-2, and 
                NOCAS_892452);
                    (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
                tridecafluoro-potassium salt (Chemical Abstracts 
                Service No. 59587-38-1);
                    (I) perfluorobutanesulfonic acid (Chemical 
                Abstracts Service No. 375-73-5);
                    (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-
                nonafluoro-potassium salt (Chemical Abstracts Service 
                No. 29420-49-3);
                    (K) the component associated with the chemical 
                described in subparagraph (J) (Chemical Abstracts 
                Service No. 45187-15-3);
                    (L) heptafluorobutyric acid (Chemical Abstracts 
                Service No. 375-22-4);
                    (M) perfluorohexanoic acid (Chemical Abstracts 
                Service No. 307-24-4);
                    (N) each perfluoroalkyl or polyfluoroalkly 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances for which a method to measure levels in 
                drinking water has been validated by the Administrator; 
                and
                    (O) a perfluoroalkyl and polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances other than the chemicals described in 
                subparagraphs (A) through (N) that is used to 
                manufacture fluoropolymers, as determined by the 
                Administrator.
            (3) Addition to toxics release inventory.--Subject to 
        subsection (e), if the Administrator determines under paragraph 
        (1) that a substance or a class of substances described in 
        paragraph (2) meets the criteria described in section 313(d)(2) 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise 
        the toxics release inventory to include that substance or class 
        of substances not later than 2 years after the date on which 
        the Administrator makes the determination.
    (e) Confidential Business Information.--
            (1) In general.--Prior to including on the toxics release 
        inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances the chemical 
        identity of which is subject to a claim of a person of 
        protection from disclosure under subsection (a) of section 552 
        of title 5, United States Code, pursuant to subsection (b)(4) 
        of that section, the Administrator shall--
                    (A) review that claim of protection from 
                disclosure; and
                    (B) require that person to reassert and 
                substantiate or resubstantiate that claim in accordance 
                with section 14(f) of the Toxic Substances Control Act 
                (15 U.S.C. 2613(f)).
            (2) Nondisclosure of protected information.--If the 
        Administrator determines that the chemical identity of a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances qualifies for 
        protection from disclosure under paragraph (1), the 
        Administrator shall include the substance or class of 
        substances, as applicable, on the toxics release inventory in a 
        manner that does not disclose the protected information.
    (f) Emergency Planning and Community Right-To-Know Act of 1986.--
Section 313(c) of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11023(c)) is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``are those chemicals'' and inserting the 
        following: ``are--
            ``(1) the chemicals''; and
            (3) by adding at the end the following:
            ``(2) the chemicals included under subsections (b)(1), 
        (c)(1), and (d)(3) of section 101 of the PFAS Release 
        Disclosure and Protection Act of 2019.''.

                        TITLE II--DRINKING WATER

SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.

    Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(2)) is amended by adding at the end the following:
                    ``(D) Perfluoroalkyl and polyfluoroalkyl 
                substances.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall 
                        promulgate a national primary drinking water 
                        regulation for perfluoroalkyl and 
                        polyfluoroalkyl substances, which shall, at a 
                        minimum, include standards for--
                                    ``(I) perfluorooctanoic acid 
                                (commonly referred to as `PFOA'); and
                                    ``(II) perfluorooctane sulfonic 
                                acid (commonly referred to as `PFOS').
                            ``(ii) Alternative procedures.--
                                    ``(I) In general.--Not later than 1 
                                year after the validation by the 
                                Administrator of an equally effective 
                                quality control and testing procedure 
                                to ensure compliance with that national 
                                primary drinking water regulation to 
                                measure the levels described in 
                                subclause (II) or other methods to 
                                detect and monitor perfluoroalkyl and 
                                polyfluoroalkyl substances in drinking 
                                water, the Administrator shall add the 
                                procedure or method as an alternative 
                                to the quality control and testing 
                                procedure described in that national 
                                primary drinking water regulation by 
                                publishing the procedure or method in 
                                the Federal Register.
                                    ``(II) Levels described.--The 
                                levels referred to in subclause (I) 
                                are--
                                            ``(aa) the level of a 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance;
                                            ``(bb) the total levels of 
                                        perfluoroalkyl and 
                                        polyfluoroalkyl substances; and
                                            ``(cc) the total levels of 
                                        organic fluorine.
                            ``(iii) Inclusions.--The Administrator may 
                        include a perfluoroalkyl or polyfluoroalkyl 
                        substance or class of perfluoroalkyl or 
                        polyfluoroalkyl substances on--
                                    ``(I) the list of contaminants for 
                                consideration of regulation under 
                                paragraph (1)(B)(i); and
                                    ``(II) the list of unregulated 
                                contaminants to be monitored under 
                                section 1445(a)(2)(B)(i).
                            ``(iv) Monitoring.--When establishing 
                        monitoring requirements for public water 
                        systems as part of a national primary drinking 
                        water regulation under clause (i) or clause 
                        (vi)(II), the Administrator shall tailor the 
                        monitoring requirements for public water 
                        systems that do not detect or are reliably and 
                        consistently below the maximum contaminant 
                        level (as defined in section 1418(b)(2)(B)) for 
                        the perfluoroalkyl or polyfluoroalkyl substance 
                        or class of perfluoroalkyl or polyfluoroalkyl 
                        substances subject to the national primary 
                        drinking water regulation.
                            ``(v) Health risk reduction and cost 
                        analysis.--In meeting the requirements of 
                        paragraph (3)(C), the Administrator may rely on 
                        information available to the Administrator with 
                        respect to 1 or more specific perfluoroalkyl or 
                        polyfluoroalkyl substances to extrapolate 
                        reasoned conclusions regarding the health risks 
                        and effects of a class of perfluoroalkyl or 
                        polyfluoroalkyl substances of which the 
                        specific perfluoroalkyl or polyfluoroalkyl 
                        substances are a part.
                            ``(vi) Regulation of additional 
                        substances.--
                                    ``(I) Determination.--The 
                                Administrator shall make a 
                                determination under paragraph (1)(A), 
                                using the criteria described in clauses 
                                (i) through (iii) of that paragraph, 
                                whether to include a perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances in the national primary 
                                drinking water regulation under clause 
                                (i) not later than 18 months after the 
                                later of--
                                            ``(aa) the date on which 
                                        the perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances is 
                                        listed on the list of 
                                        contaminants for consideration 
                                        of regulation under paragraph 
                                        (1)(B)(i); and
                                            ``(bb) the date on which--

                                                    ``(AA) the 
                                                Administrator has 
                                                received the results of 
                                                monitoring under 
                                                section 1445(a)(2)(B) 
                                                for the perfluoroalkyl 
                                                or polyfluoroalkyl 
                                                substance or class of 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substance; or

                                                    ``(BB) the 
                                                Administrator has 
                                                received finished water 
                                                data or finished water 
                                                monitoring surveys for 
                                                the perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substance or class of 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substances from a 
                                                Federal or State agency 
                                                that the Administrator 
                                                determines to be 
                                                sufficient to make a 
                                                determination under 
                                                paragraph (1)(A).

                                    ``(II) Primary drinking water 
                                regulations.--
                                            ``(aa) In general.--For 
                                        each perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances that 
                                        the Administrator determines to 
                                        regulate under subclause (I), 
                                        the Administrator--

                                                    ``(AA) not later 
                                                than 18 months after 
                                                the date on which the 
                                                Administrator makes the 
                                                determination, shall 
                                                propose a national 
                                                primary drinking water 
                                                regulation for the 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substance or class of 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substances; and

                                                    ``(BB) may publish 
                                                the proposed national 
                                                primary drinking water 
                                                regulation described in 
                                                subitem (AA) 
                                                concurrently with the 
                                                publication of the 
                                                determination to 
                                                regulate the 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substance or class of 
                                                perfluoroalkyl or 
                                                polyfluoroalkyl 
                                                substances.

                                            ``(bb) Deadline.--

                                                    ``(AA) In 
                                                general.--Not later 
                                                than 1 year after the 
                                                date on which the 
                                                Administrator publishes 
                                                a proposed national 
                                                primary drinking water 
                                                regulation under item 
                                                (aa)(AA) and subject to 
                                                subitem (BB), the 
                                                Administrator shall 
                                                take final action on 
                                                the proposed national 
                                                primary drinking water 
                                                regulation.

                                                    ``(BB) Extension.--
                                                The Administrator, on 
                                                publication of notice 
                                                in the Federal 
                                                Register, may extend 
                                                the deadline under 
                                                subitem (AA) by not 
                                                more than 6 months.

                            ``(vii) Lifetime drinking water health 
                        advisory.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator shall 
                                publish a health advisory under 
                                paragraph (1)(F) for a perfluoroalkyl 
                                or polyfluoroalkyl substance or class 
                                of perfluoroalkyl or polyfluoroalkyl 
                                substances not later than 1 year after 
                                the later of--
                                            ``(aa) the date on which 
                                        the Administrator finalizes a 
                                        toxicity value for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substances; and
                                            ``(bb) the date on which 
                                        the Administrator validates an 
                                        effective quality control and 
                                        testing procedure for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl substance or 
                                        class of perfluoroalkyl or 
                                        polyfluoroalkyl substance, if 
                                        such a procedure did not exist 
                                        on the date on which the 
                                        toxicity value described in 
                                        item (aa) was finalized.
                                    ``(II) Waiver.--The Administrator 
                                may waive the requirements of subclause 
                                (I) with respect to a perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances if the Administrator 
                                determines that there is a substantial 
                                likelihood that the perfluoroalkyl or 
                                polyfluoroalkyl substance or class of 
                                perfluoroalkyl or polyfluoroalkyl 
                                substances will not occur in drinking 
                                water.''.

SEC. 202. MONITORING AND DETECTION.

    (a) Monitoring Program for Unregulated Contaminants.--
            (1) In general.--The Administrator shall include each 
        substance described in paragraph (2) in the fifth publication 
        of the list of unregulated contaminants to be monitored under 
        section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 
        U.S.C. 300j-4(a)(2)(B)(i)).
            (2) Substances described.--The substances referred to in 
        paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances 
        and classes of perfluoroalkyl and polyfluoroalkyl substances--
                    (A) for which a method to measure the level in 
                drinking water has been validated by the Administrator; 
                and
                    (B) that are not subject to a national primary 
                drinking water regulation under clause (i) or (vi)(II) 
                of subparagraph (D) of section 1412(b)(2) of the Safe 
                Drinking Water Act (42 U.S.C. 300g-1(b)(2)).
            (3) Exception.--The perfluoroalkyl and polyfluoroalkyl 
        substances and classes of perfluoroalkyl and polyfluoroalkyl 
        substances included in the list of unregulated contaminants to 
        be monitored under section 1445(a)(2)(B)(i) of the Safe 
        Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under 
        paragraph (1) shall not count towards the limit of 30 
        unregulated contaminants to be monitored by public water 
        systems under that section.
    (b) Applicability.--
            (1) In general.--The Administrator shall--
                    (A) require public water systems serving more than 
                10,000 persons to monitor for the substances described 
                in subsection (a)(2);
                    (B) subject to paragraph (2) and the availability 
                of appropriations, require public water systems serving 
                not fewer than 3,300 and not more than 10,000 persons 
                to monitor for the substances described in subsection 
                (a)(2); and
                    (C) subject to paragraph (2) and the availability 
                of appropriations, ensure that only a representative 
                sample of public water systems serving fewer than 3,300 
                persons are required to monitor for the substances 
                described in subsection (a)(2).
            (2) Requirement.--If the Administrator determines that 
        there is not sufficient laboratory capacity to carry out the 
        monitoring required under subparagraphs (B) and (C) of 
        paragraph (1), the Administrator may waive the monitoring 
        requirements in those subparagraphs.
            (3) Funds.--The Administrator shall pay the reasonable cost 
        of such testing and laboratory analysis as is necessary to 
        carry out the monitoring required under paragraph (1) from--
                    (A) funds made available under subsection (a)(2)(H) 
                or (j)(5) of section 1445 of the Safe Drinking Water 
                Act (42 U.S.C. 300j-4); or
                    (B) any other funds made available for that 
                purpose.

SEC. 203. ENFORCEMENT.

    Notwithstanding any other provision of law, the Administrator may 
not impose financial penalties for the violation of a national primary 
drinking water regulation (as defined in section 1401 of the Safe 
Drinking Water Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl 
or polyfluoroalkyl substance or class of perfluoroalkyl or 
polyfluoroalkyl substances for which a national primary drinking water 
regulation has been promulgated under clause (i) or (vi) of 
subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act 
(42 U.S.C. 300g-1(b)(2)) earlier than the date that is 5 years after 
the date on which the Administrator promulgates the national primary 
drinking water regulation.

SEC. 204. DRINKING WATER STATE REVOLVING FUNDS.

    Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is 
amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(G) Emerging contaminants.--
                            ``(i) In general.--Subject to clause (ii), 
                        amounts deposited under subsection (t) in a 
                        State loan fund established under this section 
                        may be used to provide grants for the purpose 
                        of addressing emerging contaminants, with a 
                        focus on perfluoroalkyl and polyfluoroalkyl 
                        substances.
                            ``(ii) Requirements.--
                                    ``(I) Small and disadvantaged 
                                communities.--Not less than 25 percent 
                                of the amounts described in clause (i) 
                                shall be used to provide grants to--
                                            ``(aa) disadvantaged 
                                        communities (as defined in 
                                        subsection (d)(3)); or
                                            ``(bb) public water systems 
                                        serving fewer than 25,000 
                                        persons.
                                    ``(II) Priorities.--In selecting 
                                the recipient of a grant using amounts 
                                described in clause (i), a State shall 
                                use the priorities described in 
                                subsection (b)(3)(A).'';
            (2) in subsection (m)(1), in the matter preceding 
        subparagraph (A), by striking ``this section'' and inserting 
        ``this section, except for subsections (a)(2)(G) and (t)''; and
            (3) by adding at the end the following:
    ``(t) Emerging Contaminants.--
            ``(1) In general.--Amounts made available under this 
        subsection shall be allotted to a State as if allotted under 
        subsection (a)(1)(D) as a capitalization grant, for deposit 
        into the State loan fund of the State, for the purposes 
        described in subsection (a)(2)(G).
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $100,000,000 
        for each of fiscal years 2020 through 2024, to remain available 
        until expended.''.

                       TITLE III--PFAS DETECTION

SEC. 301. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (2) Perfluorinated compound.--
                    (A) In general.--The term ``perfluorinated 
                compound'' means a perfluoroalkyl substance or a 
                polyfluoroalkyl substance that is manmade with at least 
                1 fully fluorinated carbon atom.
                    (B) Definitions.--In this definition:
                            (i) 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.
                            (ii) Nonfluorinated carbon atom.--The term 
                        ``nonfluorinated carbon atom'' means a carbon 
                        atom on which no hydrogen substituents have 
                        been replaced by fluorine.
                            (iii) Partially fluorinated carbon atom.--
                        The term ``partially fluorinated carbon atom'' 
                        means a carbon atom on which some, but not all, 
                        of the hydrogen substituents have been replaced 
                        by fluorine.
                            (iv) Perfluoroalkyl substance.--The term 
                        ``perfluoroalkyl substance'' means a manmade 
                        chemical of which all of the carbon atoms are 
                        fully fluorinated carbon atoms.
                            (v) Polyfluoroalkyl substance.--The term 
                        ``polyfluoroalkyl substance'' means a manmade 
                        chemical containing a mix of fully fluorinated 
                        carbon atoms, partially fluorinated carbon 
                        atoms, and nonfluorinated carbon atoms.

SEC. 302. PERFORMANCE STANDARD FOR THE DETECTION OF PERFLUORINATED 
              COMPOUNDS.

    (a) In General.--The Director shall establish a performance 
standard for the detection of perfluorinated compounds.
    (b) Emphasis.--
            (1) In general.--In developing the performance standard 
        under subsection (a), the Director shall emphasize the ability 
        to detect as many perfluorinated compounds present in the 
        environment as possible using analytical methods that--
                    (A) achieve limits of quantitation (as defined in 
                the document of the United States Geological Survey 
                entitled ``Analytical Methods for Chemical Analysis of 
                Geologic and Other Materials, U.S. Geological Survey'' 
                and dated 2002); and
                    (B) are as sensitive as is feasible and 
                practicable.
            (2) Requirement.--In developing the performance standard 
        under subsection (a), the Director may--
                    (A) develop quality assurance and quality control 
                measures to ensure accurate sampling and testing;
                    (B) develop a training program with respect to the 
                appropriate method of sample collection and analysis of 
                perfluorinated compounds; and
                    (C) coordinate with the Administrator, including, 
                if appropriate, coordinating to develop media-specific, 
                validated analytical methods to detect individual and 
                different perfluorinated compounds simultaneously.

SEC. 303. NATIONWIDE SAMPLING.

    (a) In General.--The Director shall carry out a nationwide sampling 
to determine the concentration of perfluorinated compounds in 
estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, 
and soil using the performance standard developed under section 302(a).
    (b) Requirements.--In carrying out the sampling under subsection 
(a), the Director shall--
            (1) first carry out the sampling at sources of drinking 
        water near locations with known or suspected releases of 
        perfluorinated compounds;
            (2) when carrying out sampling of sources of drinking water 
        under paragraph (1), carry out the sampling prior to any 
        treatment of the water;
            (3) survey for ecological exposure to perfluorinated 
        compounds, with a priority in determining direct human exposure 
        through drinking water; and
            (4) consult with--
                    (A) States to determine areas that are a priority 
                for sampling; and
                    (B) the Administrator--
                            (i) to enhance coverage of the sampling; 
                        and
                            (ii) to avoid unnecessary duplication.
    (c) Report.--Not later than 90 days after the completion of the 
sampling under subsection (a), the Director shall prepare a report 
describing the results of the sampling and submit the report to--
            (1) the Committee on Environment and Public Works and the 
        Committee on Energy and Natural Resources of the Senate;
            (2) the Committee on Energy and Commerce of the House of 
        Representatives;
            (3) the Senators of each State in which the Director 
        carried out the sampling; and
            (4) each Member of the House of Representatives that 
        represents a district in which the Director carried out the 
        sampling.

SEC. 304. DATA USAGE.

    (a) In General.--The Director shall provide the sampling data 
collected under section 303 to--
            (1) the Administrator; and
            (2) other Federal and State regulatory agencies on request.
    (b) Usage.--The sampling data provided under subsection (a) shall 
be used to inform and enhance assessments of exposure, likely health 
and environmental impacts, and remediation priorities.

SEC. 305. COLLABORATION.

    In carrying out this title, the Director shall collaborate with--
            (1) appropriate Federal and State regulators;
            (2) institutions of higher education;
            (3) research institutions; and
            (4) other expert stakeholders.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director to carry 
out this title--
            (1) $5,000,000 for fiscal year 2020; and
            (2) $10,000,000 for each of fiscal years 2021 through 2024.

                TITLE IV--SAFE DRINKING WATER ASSISTANCE

SEC. 401. DEFINITIONS.

    In this title:
            (1) Contaminant.--The term ``contaminant'' means any 
        physical, chemical, biological, or radiological substance or 
        matter in water.
            (2) Contaminant of emerging concern; emerging 
        contaminant.--The terms ``contaminant of emerging concern'' and 
        ``emerging contaminant'' mean a contaminant--
                    (A) for which the Administrator has not promulgated 
                a national primary drinking water regulation; and
                    (B) that may have an adverse effect on the health 
                of individuals.
            (3) Federal research strategy.--The term ``Federal research 
        strategy'' means the coordinated cross-agency plan for 
        addressing critical research gaps related to detecting, 
        assessing exposure to, and identifying the adverse health 
        effects of emerging contaminants in drinking water developed by 
        the Office of Science and Technology Policy in response to the 
        report of the Committee on Appropriations of the Senate 
        accompanying S. 1662 of the 115th Congress (S. Rept. 115-139).
            (4) Technical assistance and support.--The term ``technical 
        assistance and support'' includes--
                    (A) assistance with--
                            (i) identifying appropriate analytical 
                        methods for the detection of contaminants;
                            (ii) understanding the strengths and 
                        limitations of the analytical methods described 
                        in clause (i);
                            (iii) troubleshooting the analytical 
                        methods described in clause (i);
                    (B) providing advice on laboratory certification 
                program elements;
                    (C) interpreting sample analysis results;
                    (D) providing training with respect to proper 
                analytical techniques;
                    (E) identifying appropriate technology for the 
                treatment of contaminants; and
                    (F) analyzing samples, if--
                            (i) the analysis cannot be otherwise 
                        obtained in a practicable manner otherwise; and
                            (ii) the capability and capacity to perform 
                        the analysis is available at a Federal 
                        facility.
            (5) Working group.--The term ``Working Group'' means the 
        Working Group established under section 402(b)(1).

SEC. 402. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON 
              EMERGING CONTAMINANTS.

    (a) In General.--The Administrator shall--
            (1) review Federal efforts--
                    (A) to identify, monitor, and assist in the 
                development of treatment methods for emerging 
                contaminants; and
                    (B) to assist States in responding to the human 
                health risks posed by contaminants of emerging concern; 
                and
            (2) in collaboration with owners and operators of public 
        water systems, States, and other interested stakeholders, 
        establish a strategic plan for improving the Federal efforts 
        referred to in paragraph (1).
    (b) Interagency Working Group on Emerging Contaminants.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator and the Secretary of 
        Health and Human Services shall jointly establish a Working 
        Group to coordinate the activities of the Federal Government to 
        identify and analyze the public health effects of drinking 
        water contaminants of emerging concern.
            (2) Membership.--The Working Group shall include 
        representatives of the following:
                    (A) The Environmental Protection Agency, appointed 
                by the Administrator.
                    (B) The following agencies, appointed by the 
                Secretary of Health and Human Services:
                            (i) The National Institutes of Health.
                            (ii) The Centers for Disease Control and 
                        Prevention.
                            (iii) The Agency for Toxic Substances and 
                        Disease Registry.
                    (C) The United States Geological Survey, appointed 
                by the Secretary of the Interior.
                    (D) Any other Federal agency the assistance of 
                which the Administrator determines to be necessary to 
                carry out this subsection, appointed by the head of the 
                respective agency.
            (3) Existing working group.--The Administrator may expand 
        or modify the duties of an existing working group to perform 
        the duties of the Working Group under this subsection.
    (c) National Emerging Contaminant Research Initiative.--
            (1) Federal research strategy.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Director of the 
                Office of Science and Technology Policy (referred to in 
                this subsection as the ``Director'') shall coordinate 
                with the heads of the agencies described in 
                subparagraph (C) to establish a research initiative, to 
                be known as the ``National Emerging Contaminant 
                Research Initiative'', that shall--
                            (i) use the Federal research strategy to 
                        improve the identification, analysis, 
                        monitoring, and treatment methods of 
                        contaminants of emerging concern; and
                            (ii) develop any necessary program, policy, 
                        or budget to support the implementation of the 
                        Federal research strategy, including mechanisms 
                        for joint agency review of research proposals, 
                        for interagency cofunding of research 
                        activities, and for information sharing across 
                        agencies.
                    (B) Research on emerging contaminants.--In carrying 
                out subparagraph (A), the Director shall--
                            (i) take into consideration consensus 
                        conclusions from peer-reviewed, pertinent 
                        research on emerging contaminants; and
                            (ii) in consultation with the 
                        Administrator, identify priority emerging 
                        contaminants for research emphasis.
                    (C) Federal participation.--The agencies referred 
                to in subparagraph (A) include--
                            (i) the National Science Foundation;
                            (ii) the National Institutes of Health;
                            (iii) the Environmental Protection Agency;
                            (iv) the National Institute of Standards 
                        and Technology;
                            (v) the United States Geological Survey; 
                        and
                            (vi) any other Federal agency that 
                        contributes to research in water quality, 
                        environmental exposures, and public health, as 
                        determined by the Director.
                    (D) Participation from additional entities.--In 
                carrying out subparagraph (A), the Director shall 
                consult with nongovernmental organizations, State and 
                local governments, and science and research 
                institutions determined by the Director to have 
                scientific or material interest in the National 
                Emerging Contaminant Research Initiative.
            (2) Implementation of research recommendations.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Director and heads of the agencies 
                described in paragraph (1)(C) establish the National 
                Emerging Contaminant Research Initiative under 
                paragraph (1)(A), the head of each agency described in 
                paragraph (1)(C) shall--
                            (i) issue a solicitation for research 
                        proposals consistent with the Federal research 
                        strategy; and
                            (ii) make grants to applicants that submit 
                        research proposals selected by the National 
                        Emerging Contaminant Research Initiative in 
                        accordance with subparagraph (B).
                    (B) Selection of research proposals.--The National 
                Emerging Contaminant Research Initiative shall select 
                research proposals to receive grants under this 
                paragraph on the basis of merit, using criteria 
                identified by the Director, including the likelihood 
                that the proposed research will result in significant 
                progress toward achieving the objectives identified in 
                the Federal research strategy.
                    (C) Eligible entities.--Any entity or group of 2 or 
                more entities may submit to the head of each agency 
                described in paragraph (1)(C) a research proposal in 
                response to the solicitation for research proposals 
                described in subparagraph (A)(i), including--
                            (i) State and local agencies;
                            (ii) public institutions, including public 
                        institutions of higher education;
                            (iii) private corporations; and
                            (iv) nonprofit organizations.
    (d) Federal Technical Assistance and Support for States.--
            (1) Study.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                conduct a study on actions the Administrator can take 
                to increase technical assistance and support for States 
                with respect to emerging contaminants in drinking water 
                samples.
                    (B) Contents of study.--In carrying out the study 
                described in subparagraph (A), the Administrator shall 
                identify--
                            (i) methods and effective treatment options 
                        to increase technical assistance and support 
                        with respect to emerging contaminants to 
                        States, including identifying opportunities for 
                        States to improve communication with various 
                        audiences about the risks associated with 
                        emerging contaminants;
                            (ii) means to facilitate access to 
                        qualified contract testing laboratory 
                        facilities that conduct analyses for emerging 
                        contaminants; and
                            (iii) actions to be carried out at existing 
                        Federal laboratory facilities, including the 
                        research facilities of the Administrator, to 
                        provide technical assistance and support for 
                        States that require testing facilities for 
                        emerging contaminants.
                    (C) Availability of analytical resources.--In 
                carrying out the study described in subparagraph (A), 
                the Administrator shall consider--
                            (i) the availability of--
                                    (I) Federal and non-Federal 
                                laboratory capacity; and
                                    (II) validated methods to detect 
                                and analyze contaminants; and
                            (ii) other factors determined to be 
                        appropriate by the Administrator.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report describing the results of the study described 
        in paragraph (1).
            (3) Program to provide federal assistance to states.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, based on the findings in 
                the report described in paragraph (2), the 
                Administrator shall develop a program to provide 
                technical assistance and support to eligible States for 
                the testing and analysis of emerging contaminants.
                    (B) Application.--
                            (i) In general.--To be eligible for 
                        technical assistance and support under this 
                        paragraph, a State shall submit to the 
                        Administrator an application at such time, in 
                        such manner, and containing such information as 
                        the Administrator may require.
                            (ii) Criteria.--The Administrator shall 
                        evaluate an application for technical 
                        assistance and support under this paragraph on 
                        the basis of merit using criteria identified by 
                        the Administrator, including--
                                    (I) the laboratory facilities 
                                available to the State;
                                    (II) the availability and 
                                applicability of existing analytical 
                                methodologies;
                                    (III) the potency and severity of 
                                the emerging contaminant, if known; and
                                    (IV) the prevalence and magnitude 
                                of the emerging contaminant.
                            (iii) Prioritization.--In selecting States 
                        to receive technical assistance and support 
                        under this paragraph, the Administrator--
                                    (I) shall give priority to States 
                                with affected areas primarily in 
                                financially distressed communities;
                                    (II) may--
                                            (aa) waive the application 
                                        process in an emergency 
                                        situation; and
                                            (bb) require an abbreviated 
                                        application process for the 
                                        continuation of work specified 
                                        in a previously approved 
                                        application that continues to 
                                        meet the criteria described in 
                                        clause (ii); and
                                    (III) shall consider the relative 
                                expertise and availability of--
                                            (aa) Federal and non-
                                        Federal laboratory capacity 
                                        available to the State;
                                            (bb) analytical resources 
                                        available to the State; and
                                            (cc) other types of 
                                        technical assistance available 
                                        to the State.
                    (C) Database of available resources.--The 
                Administrator shall establish and maintain a database 
                of resources available through the program developed 
                under subparagraph (A) to assist States with testing 
                for emerging contaminants that--
                            (i) is--
                                    (I) available to States and 
                                stakeholder groups determined by the 
                                Administrator to have scientific or 
                                material interest in emerging 
                                contaminants, including--
                                            (aa) drinking water and 
                                        wastewater utilities;
                                            (bb) laboratories;
                                            (cc) Federal and State 
                                        emergency responders;
                                            (dd) State primacy 
                                        agencies;
                                            (ee) public health 
                                        agencies; and
                                            (ff) water associations;
                                    (II) searchable; and
                                    (III) accessible through the 
                                website of the Administrator; and
                            (ii) includes a description of--
                                    (I) qualified contract testing 
                                laboratory facilities that conduct 
                                analyses for emerging contaminants; and
                                    (II) the resources available in 
                                Federal laboratory facilities to test 
                                for emerging contaminants.
                    (D) Water contaminant information tool.--The 
                Administrator shall integrate the database established 
                under subparagraph (C) into the Water Contaminant 
                Information Tool of the Environmental Protection 
                Agency.
            (4) Funding.--Of the amounts available to the 
        Administrator, the Administrator may use not more than 
        $15,000,000 in a fiscal year to carry out this subsection.
    (e) Report.--Not less frequently than once every 2 years until 
2029, the Administrator shall submit to Congress a report that 
describes the progress made in carrying out this title.
    (f) Effect.--Nothing in this section modifies any obligation of a 
State, local government, or Indian Tribe with respect to treatment 
methods for, or testing or monitoring of, drinking water.

                         TITLE V--MISCELLANEOUS

SEC. 501. DEPARTMENT OF DEFENSE AUTHORITIES.

    In addition to any other requirements, when otherwise authorized to 
expend funds for the purpose of addressing ground or surface water 
contaminated by a perfluorinated compound, the Secretary of Defense 
may, to expend those funds, enter into a grant agreement, cooperative 
agreement, or contract with--
            (1) the local water authority with jurisdiction over the 
        contamination site, including--
                    (A) a public water system (as defined in section 
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); 
                and
                    (B) a publicly owned treatment works (as defined in 
                section 212 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1292)); or
            (2) a State, local, or Tribal government.

SEC. 502. PFAS DATA CALL.

    Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 
2607(a)) is amended by adding at the end the following:
            ``(7) PFAS data.--Not later than January 1, 2023, the 
        Administrator shall promulgate a rule in accordance with this 
        subsection requiring each person who has manufactured a 
        chemical substance that is a perfluoroalkyl or polyfluoroalkyl 
        substance in any year since January 1, 2006, to submit to the 
        Administrator a report that includes, for each year since 
        January 1, 2006, the information described in paragraph (2).''.

SEC. 503. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.

    Not later than June 22, 2020, the Administrator shall take final 
action on the significant new use rule proposed by the Administrator 
under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in the 
proposed rule entitled ``Long-Chain Perfluoroalkyl Carboxylate and 
Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use 
Rule'' (80 Fed. Reg. 2885 (January 21, 2015)).

SEC. 504. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall publish interim guidance on the 
destruction and disposal of perfluoroalkyl and polyfluoroalkyl 
substances and materials containing perfluoroalkyl and polyfluoroalkyl 
substances, including--
            (1) aqueous film-forming foam;
            (2) soil and biosolids;
            (3) textiles treated with perfluoroalkyl and 
        polyfluoroalkyl substances; and
            (4) spent filters, membranes, and other waste from water 
        treatment.
    (b) Considerations; Inclusions.--The interim guidance under 
subsection (a) shall--
            (1) take into consideration--
                    (A) the potential for releases of perfluoroalkyl 
                and polyfluoroalkyl substances during destruction or 
                disposal, including through volatilization, air 
                dispersion, or leachate; and
                    (B) potentially vulnerable populations living near 
                likely destruction or disposal sites; and
            (2) provide guidance on testing and monitoring air, 
        effluent, and soil near potential destruction or disposal sites 
        for releases described in paragraph (1)(A).
    (c) Revisions.--The Administrator shall publish revisions to the 
interim guidance under subsection (a) as the Administrator determines 
to be appropriate, but not less frequently than once every 3 years.

SEC. 505. PFAS RESEARCH AND DEVELOPMENT.

    (a) In General.--The Administrator, acting through the Assistant 
Administrator for the Office of Research and Development, shall--
            (1)(A) further examine the effects of perfluoroalkyl and 
        polyfluoroalkyl substances on human health and the environment; 
        and
            (B) make publicly available information relating to the 
        findings under subparagraph (A);
            (2) develop a process for prioritizing which perfluoroalkyl 
        and polyfluoroalkyl substances, or classes of perfluoroalkyl 
        and polyfluoroalkyl substances, should be subject to additional 
        research or regulatory efforts that is based on--
                    (A) the potential for human exposure to the 
                substances or classes of substances;
                    (B) the potential toxicity of the substances or 
                classes of substances; and
                    (C) information available about the substances or 
                classes of substances;
            (3) develop new tools to characterize and identify 
        perfluoroalkyl and polyfluoroalkyl substances in the 
        environment, including in drinking water, wastewater, surface 
        water, groundwater, solids, and the air;
            (4) evaluate approaches for the remediation of 
        contamination by perfluoroalkyl and polyfluoroalkyl substances 
        in the environment; and
            (5) develop and implement new tools and materials to 
        communicate with the public about perfluoroalkyl and 
        polyfluoroalkyl substances.
    (b) Funding.--There is authorized to be appropriated to the 
Administrator to carry out this section $15,000,000 for each of fiscal 
years 2020 through 2024.
                                                       Calendar No. 119

116th CONGRESS

  1st Session

                                S. 1507

_______________________________________________________________________

                                 A BILL

To include certain perfluoroalkyl and polyfluoroalkyl substances in the 
           toxics release inventory, and for other purposes.

_______________________________________________________________________

                             June 19, 2019

                       Reported with an amendment