[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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