[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3702-S3706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 694. Mrs. CAPITO (for herself, Mr. Carper, Mr. Barrasso, Mr.
Sullivan, Mrs. Shaheen, Mr. Gardner, Mrs. Gillibrand, Mr. Blumenthal,
Mr. Toomey, and Mr. Jones) submitted an amendment intended to be
proposed by her to the bill S. 1790, to authorize appropriations for
fiscal year 2020 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
In section 318(a), add at the end the following:
(3) Other authority.--In addition to the requirements under
paragraph (1), 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--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
At the end of division A, add the following:
TITLE XVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING WATER
ASSISTANCE
SEC. 1701. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Subtitle A--PFAS Release Disclosure
SEC. 1711. 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);
[[Page S3703]]
(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 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.
(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 1711 of the National Defense
Authorization Act for Fiscal Year 2020.''.
Subtitle B--Drinking Water
SEC. 1721. 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
[[Page S3704]]
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. 1722. 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. 1723. 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. 1724. 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.--Notwithstanding any other provision of
law and subject to clause (ii), amounts deposited under
subsection (t) in a State loan fund established under this
section may only 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).
``(iii) No increased bonding authority.--The amounts
deposited in the State loan fund of a State under subsection
(t) may not be used as a source of payment of, or security
for (directly or indirectly), in whole or in part, any
obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of
1986.'';
(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.''.
Subtitle C--PFAS Detection
SEC. 1731. DEFINITIONS.
In this subtitle:
(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. 1732. 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. 1733. 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 1732(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--
[[Page S3705]]
(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. 1734. DATA USAGE.
(a) In General.--The Director shall provide the sampling
data collected under section 1733 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. 1735. COLLABORATION.
In carrying out this subtitle, 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. 1736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to
carry out this subtitle--
(1) $5,000,000 for fiscal year 2020; and
(2) $10,000,000 for each of fiscal years 2021 through 2024.
Subtitle D--Safe Drinking Water Assistance
SEC. 1741. DEFINITIONS.
In this subtitle:
(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 1742(b)(1).
SEC. 1742. 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.
[[Page S3706]]
(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
subtitle.
(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.
Subtitle E--Miscellaneous
SEC. 1751. 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. 1752. 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. 1753. 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. 1754. 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.
______