[Congressional Record Volume 167, Number 72 (Tuesday, April 27, 2021)]
[Senate]
[Page S2243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1462. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 914, to amend the Safe Drinking Water Act and the
Federal Water Pollution Control Act to reauthorize programs under those
Acts, and for other purposes; which was ordered to lie on the table; as
follows:
After title II, insert the following:
TITLE III--PROVIDING FINANCIAL ASSISTANCE TO STATES FOR TESTING AND
TREATMENT
SEC. 301. REMEDIATION OF PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES AND OTHER EMERGING CONTAMINANTS IN
DRINKING WATER.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended--
(1) in subsection (a)(2)(G)--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)'';
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
``(iii) Use of funds.--The recipient of a grant using
amounts described in clause (i) may use the grant funds for
projects and activities that address emerging contaminants,
including--
``(I) investments necessary for public water systems and
users of underground sources of drinking water to comply with
the requirements of this title;
``(II) programs to provide household water quality testing,
including testing for unregulated contaminants; and
``(III) other investments and programs to address emerging
contaminants.''; and
(2) in subsection (t)--
(A) by striking paragraph (1) and inserting the following:
``(1) Distribution.--
``(A) In general.--Amounts made available under this
subsection shall be allotted to a State as a capitalization
grant--
``(i) in accordance with subparagraph (B);
``(ii) for deposit into the State loan fund of the State;
and
``(iii) for the purposes described in subsection (a)(2)(G).
``(B) Allotment.--The amounts described in subparagraph (A)
shall be allotted to a State--
``(i) for each of fiscal years 2022 and 2023, as if
allotted under subsection (a)(1)(D); and
``(ii) for each of fiscal years 2024 through 2030, in
accordance with the regulations promulgated under
subparagraph (C).
``(C) Rulemaking.--Not later than 2 years after the date of
enactment of this subparagraph, the Administrator shall
promulgate regulations for the distribution of amounts
described in subparagraph (A) among States in a manner that
accounts for the prevalence and remedial costs of addressing
emerging contaminants, with a focus on perfluoroalkyl and
polyfluoroalkyl substances.''; and
(B) in paragraph (2), by striking ``this subsection'' and
all that follows through the period at the end and inserting
the following: ``this subsection, to remain available until
expended--
``(A) for fiscal year 2022--
``(i) $1,000,000,000; and
``(ii) any additional amount as may be designated by
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and
``(B) for each of fiscal years 2023 through 2030,
$1,000,000,000.''.
SEC. 302. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY
PERFLUOROALKYL SUBSTANCES.
Title V of the Federal Water Pollution Control Act is
amended--
(1) by redesignating section 520 (33 U.S.C. 1251 note) as
section 521; and
(2) by inserting after section 519 (33 U.S.C. 1377a) the
following:
``SEC. 520. REMEDIATION OF CONTAMINATION OF GROUNDWATER BY
PERFLUOROALKYL SUBSTANCES.
``(a) Definitions.--In this section:
``(1) Contaminated site.--The term `contaminated site'
means a site at which groundwater has been contaminated by a
covered perfluoroalkyl substance.
``(2) Covered perfluoroalkyl substance.--The term `covered
perfluoroalkyl substance' means--
``(A) perfluorooctanoic acid (commonly referred to as
`PFOA') (Chemical Abstracts Service No. 335-67-1);
``(B) the salts associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service Nos. 3825-26-1,
335-95-5, and 68141-02-6);
``(C) perfluorooctane sulfonic acid or sulfonate (commonly
referred to as `PFOS') (Chemical Abstracts Service No. 1763-
23-1); and
``(D) the salts associated with the chemical described in
subparagraph (C) (Chemical Abstracts Service Nos. 2795-39-3,
29457-72-5, 56773-42-3, 29081-56-9, and 70225-14-8).
``(b) Establishment.--Subject to subsections (c) and (d),
the Administrator shall provide grants to States to address
contamination of groundwater by covered perfluoroalkyl
substances at contaminated sites.
``(c) Distribution.--
``(1) In general.--The Administrator shall ensure that
funds made available to carry out this section are
distributed to each State--
``(A) for each of fiscal years 2022 and 2023, in such a
manner that the total grant amount received by a State under
this section is equivalent to the ratio that--
``(i) the amount of the capitalization grant under title VI
to the State in the last fiscal year in which capitalization
grants were made; bears to
``(ii) the amount of capitalization grants under title VI
to all States in the last fiscal year in which capitalization
grants were made; and
``(B) for each of fiscal years 2024 through 2030, in
accordance with the regulations promulgated under paragraph
(2).
``(2) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Administrator shall promulgate
regulations for the distribution of amounts made available to
carry out this section among States in a manner that accounts
for the prevalence and remedial costs of addressing
contamination of groundwater by covered perfluoroalkyl
substances.
``(d) Cleanup Standards.--
``(1) In general.--Any detection, treatment, and
remediation of groundwater carried out using a grant under
this section shall be carried out in accordance with--
``(A) if the Administrator has not designated the
applicable covered perfluoroalkyl substance as a hazardous
substance under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), the Draft Deliberative Document prepared by the
Administrator entitled `Draft Interim Recommendations to
Address Groundwater Contaminated with Perfluorootanoic Acid
and Perfluorooctane Sulfonate' and accepted for interagency
review by the Office of Management and Budget on August 31,
2018; and
``(B) if the Administrator has designated the applicable
covered perfluoroalkyl substance as a hazardous substance
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the
requirements of that Act.
``(2) Total destruction technologies.--In addressing the
contamination described in subsection (b) using amounts from
a grant under this section, States shall give preference to
addressing that contamination using total destruction
technologies that create inert byproducts.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) for fiscal year 2022--
``(A) $1,000,000,000; and
``(B) any additional amount as may be designated by
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and
``(2) for each of fiscal years 2023 through 2030,
$1,000,000,000.
``(f) Termination of Authority.--The authority provided by
this section terminates on September 30, 2030.''.
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