[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3227 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3227

To require the Administrator of the Environmental Protection Agency to 
 designate per- and polyfluoroalkyl substances as hazardous substances 
   under the Comprehensive Environmental Response, Compensation, and 
             Liability Act of 1980, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2020

 Mr. Sanders (for himself, Mr. Merkley, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
 designate per- and polyfluoroalkyl substances as hazardous substances 
   under the Comprehensive Environmental Response, Compensation, and 
             Liability Act of 1980, 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 ``Prevent Future American Sickness Act 
of 2020''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) PFAS have been found in the blood of 99 percent of 
        individuals in the United States;
            (2) PFAS chemicals have so far been confirmed in the 
        groundwater or tap water of more than 1,400 communities;
            (3) based on sampling data, scientists estimate that more 
        than 100,000,000 individuals in the United States may be 
        drinking water contaminated with PFAS;
            (4) the Environmental Protection Agency was first notified 
        about the health risks posed by PFAS in 1998, but has failed to 
        set a drinking water standard or restrict ongoing releases in 
        the air and water;
            (5) existing treatment technologies can reduce the quantity 
        of PFAS in tap water to levels below 2 parts per trillion;
            (6) the Environmental Protection Agency has established 
        lifetime health advisory levels for some PFAS chemicals at 70 
        parts per trillion;
            (7) a June 2018 study by the Agency for Toxic Substances 
        and Disease Registry of the Department of Health and Human 
        Services found that PFAS chemicals pose a danger to human 
        health at a level far lower than the lifetime health advisory 
        level established by the Environmental Protection Agency;
            (8) PFAS chemical contamination sites appear with 
        particularly high frequency in the States of New Jersey, 
        Michigan, and California, with contamination levels as high 
        as--
                    (A) 27,800 parts per trillion found in New Jersey;
                    (B) 1,200,000 parts per trillion found in Michigan; 
                and
                    (C) 8,000,000 parts per trillion found in 
                California;
            (9) the Department of Defense estimates that PFAS cleanup 
        on military bases will surpass the original cost estimate of 
        the Department of Defense of $2,000,000,000;
            (10) a study published in the International Journal of 
        Hygiene and Environmental Health estimated the economic cost of 
        PFAS contamination from increased numbers of low birth weight 
        infants was $13,700,000,000 from 2003 through 2014;
            (11) States such as Vermont, New Hampshire, New Jersey, and 
        Michigan are leading the way in terms of setting robust 
        drinking water standards for PFAS chemicals;
            (12) the State of Vermont has implemented the strictest 
        standard for PFAS chemicals in the United States, with a 
        maximum contaminant level of 20 parts per trillion for the sum 
        of 5 PFAS chemicals; and
            (13) the States of Washington and Maine are leading the way 
        in terms of taking action to limit PFAS chemicals in food 
        packaging.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (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) PFAS.--The term ``PFAS'' means perfluoroalkyl and 
        polyfluoroalkyl substances that are man-made chemicals with at 
        least 1 fully fluorinated carbon atom.

SEC. 4. DESIGNATION AS HAZARDOUS SUBSTANCES.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall designate all PFAS as hazardous substances under 
section 102(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).

SEC. 5. WATER INFRASTRUCTURE.

    (a) Drinking Water State Revolving Fund Authorized Activities.--
Section 1452(k)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)(1)) is amended by adding at the end the following:
                    ``(E) Provide assistance in the form of a grant to 
                an owner of a household water well that has been 
                contaminated by perfluoroalkyl and polyfluoroalkyl 
                substances (commonly referred to as `PFAS') (as defined 
                by the State in which the household well is located) 
                for the purpose of purchasing and installing a 
                household filtration system.''.
    (b) PFAS Grant Program.--Part E of the Safe Drinking Water Act (42 
U.S.C. 300j et seq.) is amended by adding at the end the following:

``SEC. 1459E. PFAS GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) 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.
            ``(2) PFAS.--The term `PFAS' means perfluoroalkyl and 
        polyfluoroalkyl substances that are man-made chemicals with at 
        least 1 fully fluorinated carbon atom.
    ``(b) Grants.--The Administrator shall carry out a grant program to 
provide grants to States and Indian tribes to assist the owners and 
operators of community water systems affected by contamination by PFAS.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as are necessary to carry 
out this section, to remain available until expended.''.
    (c) Pretreatment Standards.--Section 307 of the Federal Water 
Pollution Control Act (33 U.S.C. 1317) is amended by adding at the end 
the following:
    ``(f) PFAS Pretreatment Standards.--
            ``(1) Definitions.--In this subsection:
                    ``(A) 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.
                    ``(B) PFAS.--The term `PFAS' means perfluoroalkyl 
                and polyfluoroalkyl substances that are man-made 
                chemicals with at least 1 fully fluorinated carbon 
                atom.
            ``(2) Standards required.--The Administrator shall 
        establish pretreatment standards under subsection (b) for PFAS.
            ``(3) Grants.--
                    ``(A) Establishment.--The Administrator shall carry 
                out a grant program to provide assistance to publicly 
                owned treatment works in implementing the pretreatment 
                standards required under paragraph (2).
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this paragraph, to remain 
                available until expended.''.
    (d) Water Infrastructure Grants.--
            (1) Grants.--The Administrator shall carry out a grant 
        program to assist in the development of water infrastructure.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection, to remain available until expended.

SEC. 6. PROHIBITION AGAINST FOOD CONTACT SUBSTANCES CONTAINING 
              PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

    Paragraph (6) of section 409(h) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 348(h)(6)) is amended--
            (1) by striking ``(6)'' and inserting ``(6)(A) 
        Definition.--''; and
            (2) by adding at the end the following:
    ``(B) Perfluorinated Compounds.--
            ``(i) Deemed unsafe.--Beginning on January 1, 2022, any 
        PFAS used as a food contact substance is deemed to be unsafe 
        for the purposes of this section and the application of 
        subparagraph (2)(C) of section 402(a).
            ``(ii) Definitions.--In this subparagraph:
                    ``(I) The term `PFAS' means a perfluoroalkyl 
                substance or a polyfluoroalkyl substance that is man-
                made with at least 1 fully fluorinated carbon atom.
                    ``(II) The term `perfluoroalkyl substance' means a 
                man-made chemical of which all of the carbon atoms are 
                fully fluorinated carbon atoms.
                    ``(III) The term `polyfluoroalkyl substance' means 
                a man-made chemical containing a mix of fully 
                fluorinated carbon atoms, partially fluorinated carbon 
                atoms, and nonfluorinated carbon atoms.''.

SEC. 7. LISTING OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS 
              HAZARDOUS AIR POLLUTANTS.

    (a) Listing.--Not later than 180 days after the date of enactment 
of this Act, the Administrator shall issue a final rule adding, as a 
class, all PFAS to the list of hazardous air pollutants under section 
112(b) of the Clean Air Act (42 U.S.C. 7412(b)).
    (b) Sources Categories.--Not later than 1 year after the final rule 
is issued under subsection (a), the Administrator shall revise the list 
under section 112(c)(1) of the Clean Air Act (42 U.S.C. 7412(c)(1)) to 
include categories and subcategories of major sources and area sources 
of PFAS listed pursuant to that final rule.

SEC. 8. PROHIBITION ON WASTE INCINERATION OF PFAS.

    Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is 
amended by adding at the end the following:
    ``(z) PFAS Wastes.--
            ``(1) Definitions.--In this subsection:
                    ``(A) 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.
                    ``(B) PFAS.--The term `PFAS' means perfluoroalkyl 
                and polyfluoroalkyl substances that are man-made 
                chemicals with at least 1 fully fluorinated carbon 
                atom.
            ``(2) Firefighting foam.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the 
                Administrator shall promulgate regulations prohibiting 
                the disposal by incineration of firefighting foam 
                containing PFAS.
                    ``(B) Effective date.--The prohibition described in 
                subparagraph (A) shall take effect not later than 270 
                days after the date of enactment of this subsection.
            ``(3) Other pfas wastes.--
                    ``(A) Identification and prohibition.--Not later 
                than 1 year after the date of enactment of this 
                subsection, the Administrator shall promulgate 
                regulations--
                            ``(i) identifying additional wastes 
                        containing PFAS for which a prohibition on 
                        incineration may be necessary to protect human 
                        health and the environment; and
                            ``(ii) prohibiting the disposal by 
                        incineration of wastes identified under clause 
                        (i) beginning not later than 540 days after the 
                        date of enactment of this subsection.
                    ``(B) Review and revision.--The Administrator shall 
                review and revise the list of wastes identified under 
                subparagraph (A)(i) as necessary, but not less 
                frequently than once every 4 years.
            ``(4) Penalties.--For purposes of section 3008(d), a waste 
        subject to a prohibition under this subsection shall be 
        considered a hazardous waste identified or listed under this 
        subtitle.''.

SEC. 9. REPORT BY DEPARTMENT OF DEFENSE ON FLUORINATED AQUEOUS FILM 
              FORMING FOAM.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report on--
            (1) the location and amount of the stockpiled fluorinated 
        aqueous film forming foam in the possession of the Department 
        of Defense that contains PFAS; and
            (2) the amount of such foam that has been destroyed during 
        the 10-year period ending of the date of the enactment of this 
        Act and the method and location of destruction.
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