[Senate Report 116-252]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 493
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-252
_______________________________________________________________________

                                     


       GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2525
















[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]













                August 12, 2020.--Ordered to be printed
                
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                  U.S. GOVERNMENT PUBLISHING OFFICE
                  
99-010                 WASHINGTON : 2020                 
                
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director


















                                                      Calendar No. 493
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-252

======================================================================



 
       GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2019

                                _______
                                

                August 12, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2525]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2525) to require the Director 
of the National Institute of Standards and Technology to 
conduct a study of personal protective equipment worn by 
firefighters to determine the prevalence and concentration of 
per- and polyfluoroalkyl substances, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          PURPOSE OF THE BILL

    S. 2525 requires the Director of the National Institute of 
Standards and Technology (NIST), in consultation with the 
Director of the National Institute for Occupational Safety and 
Health, to conduct a study on the adverse effects of per- and 
polyfluoroalkyl substances (PFAS), contained in personal 
protective equipment, on firefighters.

                          BACKGROUND AND NEEDS

    PFAS are a group of more than 5,000 synthetic chemicals 
that have been in use since the early 1940s.\1\ The two most 
extensively studied and produced chemicals that make up PFAS 
are perfluorooctanoic acid (PFOA) and perfluorooctane sulfate 
(PFOS).\2\
---------------------------------------------------------------------------
    \1\U.S. Food and Drug Administration, ``Per and Polyfluoroalkyl 
Substances (PFAS),'' Dec. 20, 2019 (https://www.fda.gov/food/chemicals/
and-polyfluoroalkyl-substances-pfas) (accessed May 11, 2020).
    \2\U.S. Environmental Protection Agency, ``PFOA, PFOS and Other 
PFASs'' (https://www.epa.gov/pfas/basic-information-pfas) (accessed May 
11, 2020).
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    In 1967, a deadly fire destroyed a U.S. Navy aircraft 
carrier, the USS Forrestal, killing more than 130 people.\3\ 
Following the incident, the military developed an aqueous film-
forming foam (AFFF) containing PFAS to extinguish liquid 
fires.\4\ PFAS allows AFFF to quickly extinguish fires by 
rapidly spreading across surfaces to form a foam barrier, 
suffocating the fire and preventing vapors from combusting. 
AFFF is highly effective against petroleum fires.\5\
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    \3\David Vergun, ``Naval Research Lab Chemists Search for PFAS-Free 
Firefighting Foam, Nov. 15, 2019, U.S. Department of Defense (https://
www.defense.gov/explore/story/Article/2017249/naval-research-lab-
chemists-search-for-pfas-free-firefighting-foam/) (accessed May 11, 
2020).
    \4\Luis Martinez, ``Navy Researchers Hopeful New Firefighting Foams 
Will Reduce Health Risks,'' ABC News, Nov. 16, 2019 (https://
abcnews.go.com/US/navy-researchers-working-pfas-free-firefighting-
foams-pose/story?id=67052773) (accessed May 11, 2020).
    \5\David Vergun, ``Naval Research Lab Chemists Search for PFAS-Free 
Firefighting Foam, U.S. Department of Defense, Nov. 15, 2019 (https://
www.defense.gov/explore/story/Article/2017249/naval-research-lab-
chemists-search-for-pfas-free-firefighting-foam/) (accessed May 11, 
2020).
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    There are two types of firefighting foams, class A and 
class B. Class A foams are used to extinguish fires fueled by 
solid materials such as wood and paper. Class A firefighting 
foams are free of PFAS. Class B foams, which contain PFAS, are 
used for fires fueled by liquids, such as gasoline, oil, or jet 
fuel.\6\ The properties of class B foams make them ideal for 
quickly extinguishing fires on ships and airplanes, and these 
foams are used in both military and civilian settings. The 
Department of Defense requires class B firefighting foams used 
on military platforms to contain fluorine (i.e., PFAS).\7\
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    \6\Michigan Department of Environment, Great Lakes, and Energy, 
``Firefighting Foam and PFAS'' (https://www.michigan.gov/pfasresponse/
0,9038,7-365-86514-496805--,00.html) (accessed May 11, 2020).
    \7\Military Specification MIL-F-24385F.
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    In the early 2000s, Ted Schafer developed the first PFAS-
free class B foam. Class B PFAS-free foams have been proven to 
show similar performance levels of class B foams that contain 
PFAS but do not contain fluorine, which is specifically 
required by the military specification (mil-spec). Until 
recently, all U.S. Federal Aviation Administration (FAA) 
certified airports were also mandated to use mil-spec approved 
firefighting foams which contain PFAS.\8\
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    \8\IPEN/POPRC-14, ``Fluorine-free Firefighting Foams (3F) Viable 
Alternatives to Fluorinated Aqueous Film-Forming Foams (AFFF),'' Sep. 
2018 (https://ipen.org/sites/default/files/documents/
IPEN_F3_Position_Paper_POPRC-14_12September2018d.pdf) (accessed May 11, 
2020).
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    PFAS do not degrade, so when released into the environment 
the chemicals are persistent and can contaminate soil, air, and 
water supplies.\9\ According to the U.S. Environmental 
Protection Agency (EPA), PFAS has been proven to cause adverse 
side effects such as reproductive, developmental, liver, 
kidney, and immunological issues.\10\ PFAS has been detected in 
the blood of 97 percent of the U.S. population and has been 
associated with tumors and increased cholesterol levels.\11\
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    \9\National Institute of Environmental Health Sciences, 
``Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)'' (https://
www.niehs.nih.gov/health/topics/agents/pfc/index.cfm) (accessed May 11, 
2020).
    \10\U.S. Environmental Protection Agency, ``PFOA, PFOS and Other 
PFASs'' (https://www.epa.gov/pfas/basic-information-pfas) (accessed May 
11, 2020).
    \11\National Institute of Environmental Health Sciences, 
``Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)'' (https://
www.niehs.nih.gov/health/topics/agents/pfc/index.cfm) (accessed May 11, 
2020).
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    Despite these known health effects and the higher incidence 
of cancer among firefighters when compared to the general 
population,\12\ there is currently no published, peer-reviewed 
research on the prevalence and effects of PFAS in firefighter 
turnout gear.\13\ This situation is starting to change. 
Researchers at the University of Notre Dame are studying the 
prevalence of PFAS in firefighter turnout gear.\14\ Their 
initial tests found PFAS on the vast majority of fabric 
swatches of unused turnout gear.\15\ Additionally, the Federal 
Emergency Management Agency (FEMA) is funding a study at the 
University of Arizona analyzing firefighters' PFAS exposure and 
toxicity.\16\
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    \12\International Association of Fire Fighters, ``Taking Action 
Against Occupational Cancer,'' Mar. 27, 2019 (https://www.iaff.org/
news/taking-action-against-occupational-cancer/) (accessed May 11, 
2020).
    \13\Patrick J. Morrison, ``Managing Chemical Risks: EPA's Failure 
to Protect Workers,'' prepared statement submitted to the Subcommittee 
on Environment and Climate Change of the U.S. House of Representatives, 
Mar. 13, 2019 (https://docs.house.gov/meetings/IF/IF18/20190313/109117/
HHRG-116-IF18-Wstate-MorrisonP-20190313.pdf) (accessed May 11, 2020).
    \14\Jessica Sieff, ``Researchers Study Presence of Fluorinated 
Chemicals in Firefighter Clothing,'' Notre Dame News, Sep. 24, 2018 
(https://news.nd.edu/news/researchers-study-presence-of-fluorinated-
chemicals-in-firefighter-clothing/) (accessed May 11, 2020).
    \15\Id.
    \16\Federal Emergency Management Agency, ``Fire Prevention and 
Safety (FP&S) Research and Development (R&D), Grant Projects and 
Abstract Summaries,'' Nov. 2019 (https://www.fema.gov/media-library-
data/1579094878195-f2fc564c35a9eff52a6fcdbebd86b1f9/RD_Abstracts.pdf) 
(accessed May 11, 2020).
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PFOA Stewardship Program

    In January 2006, the EPA launched the PFOA Stewardship 
Program due to concerns about the impact PFOA has had on human 
health and the environment.\17\ The main goals of the PFOA 
Stewardship Program were to achieve a 95 percent reduction of 
PFOA emissions no later than 2010 and to eliminate the use of 
PFOA by 2015.\18\ A total of eight chemical companies, 
including Arkema, Asahi, BASF, Clariant, Daikin, DuPont, 
Dyneon/3M, and Solvay Solexis, participated in the program.\19\ 
Every company reached the 2015 goal.\20\
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    \17\U.S. Environmental Protection Agency, ``Fact Sheet: 2010/2015 
PFOA Stewardship Program'' (https://www.epa.gov/assessing-and-managing-
chemicals-under-tsca/fact-sheet-20102015 -pfoa-stewardship-program) 
(accessed May 11, 2020).
    \18\Id.
    \19\Id.
    \20\Id.
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Department of Defense Programs

    The Department of Defense (DOD) has implemented two 
programs that address PFAS, the Strategic Environmental 
Research and Development Program (SERDP) and the Environmental 
Security Technology Certification Program (ESTCP).\21\ SERDP is 
a partnership between the DOD, EPA, and Department of Energy 
that develops technologies to remediate PFAS contamination and 
avoid future contamination.\22\ ESTCP deploys these 
technologies to military installations.\23\ Since 2011, the DOD 
has put $10 million into the SERDP/ESTCP programs.\24\ 
Additionally, since fiscal year 2017, the DOD has committed $11 
million toward alternative firefighting technology research and 
development.\25\
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    \21\David Vergun, ``DOD Funds Firefighting Foam Research for a 
PFAS-Free Alternative,'' U.S. Department of Defense, Nov. 15, 2019 
(https://www.defense.gov/explore/story/Article/2018096/dod-funds-
firefighting-foam-research-for-a-pfas-free-alternative/) (accessed May 
11, 2020).
    \22\Id.
    \23\Id.
    \24\Id.
    \25\Miranda Paley, ``5 Things to Know About DOD's Research on 
`Fluorine-Free' Firefighting Foam,'' U.S. Department of Defense, Sep. 
6, 2019 (https://www.defense.gov/explore/story/Article/1953510/5-
things-to-know-about-dods-research-on-fluorine-free-firefighting-foam/) 
(accessed May 11, 2020).
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    The National Defense Authorization Act for Fiscal Year 2018 
authorized the DOD to fund a nationwide health study on the 
implications of PFAS in drinking water, which will be conducted 
by the Agency for Toxic Substances and Disease Registry 
(ATSDR).\26\ ATSDR has announced that this study will not 
include firefighters.\27\
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    \26\National Defense Authorization Act for Fiscal Year 2018; Pub. 
L. 115-91.
    \27\Jeff McMenemy, ``Senators Want PFAS Studies to Include 
Firefighters,'' Seacoast Online, Dec. 13, 2018 (https://
www.fosters.com/news/20181213/senators-want-pfas-studies-to-include-
firefighters) (accessed May 11, 2020).
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National Institutes of Health Programs

    The National Institute of Environmental Health Sciences 
(NIEHS), part of the National Institutes of Health (NIH), 
supports an active research program on PFAS' impact on human 
health.\28\ NIEHS facilitates this research through National 
Toxicology Program studies, millions of dollars in grants 
annually to institutions studying PFAS, and hosting and/or 
supporting meetings on the subject.\29\
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    \28\National Institute of Environmental Health Sciences, ``PFAS 
Research'' (https://www.niehs.nih.gov/research/programs/pfas/index.cfm) 
(accessed May 11, 2020).
    \29\Id.
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National Institute of Standards and Technology Programs

    The National Institute of Standards and Technology (NIST) 
is currently working to develop reference materials and data 
resources for PFAS researchers.\30\ PFAS can be difficult to 
measure, which has created issues for researchers.\31\ NIST is 
working on establishing quality control materials for 
laboratories to use when studying PFAS in AFFF specifically, 
and have postdoctoral research opportunities for recent 
graduates interested in this work.\32\
---------------------------------------------------------------------------
    \30\NIST, ``Measurement Science of Per- and Polyfluoroalkyl 
Substances (PFAS)'' (https://www.nist.gov/programs-projects/
measurement-science-and-polyfluoroalkyl-substances-pfas) (accessed May 
11, 2020).
    \31\Id.
    \32\Id.
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    Additionally, in the fiscal year 2020 appropriations bill, 
Congress directed NIST to conduct a study of new and unused 
personal protective equipment worn by firefighters to determine 
the prevalence and concentration of PFAS in the equipment, as 
well as the rate at which PFAS may be released from the gear 
during normal wear and in what conditions. That bill 
appropriated $2 million for the study.\33\
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    \33\Consolidated Appropriations Act, 2020; Pub. L. 116-93.
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National Institute for Occupational Safety and Health Programs

    The National Institute of Occupational Safety and Health 
(NIOSH) is participating in a multi-city, multi-agency research 
effort focused on firefighter exposure to carcinogenic 
substances, including PFAS, called the Fire Fighter Cancer 
Cohort Study.\34\ NIOSH's mission is to study worker exposure 
to harmful substances and recommend prevention strategies.\35\
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    \34\Fire Fighter Cancer Cohort Study, ``About the FFCCS'' (https://
www.ffccs.org/about) (accessed May 11, 2020).
    \35\National Institute for Occupational Safety and Health, ``Public 
Safety Program,'' Sep. 2019 (https://www.cdc.gov/niosh/docs/2019-169/
pdfs/2019-169.pdf) (accessed May 11, 2020).
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                         SUMMARY OF PROVISIONS

    S. 2525, the Guaranteeing Equipment Safety for Firefighters 
Act of 2019, would do the following:
   Require NIST, in partnership with NIOSH, to conduct 
        a study on the prevalence and effects of the various 
        per- and polyfluoroalkyl substances found in the 
        personal protective equipment worn by firefighters.
   Require NIST to report to Congress on findings of 
        the research and recommendations for additional 
        research or technical improvements needed to avoid 
        unnecessary PFAS exposure for firefighters.
   Establish a NIST grant program to carry out the 
        research identified in the congressional report.

                          LEGISLATIVE HISTORY

    S. 2525, the Guaranteeing Equipment Safety for Firefighters 
Act of 2019, was introduced on September 19, 2019, by Senator 
Shaheen (for herself and Senator Gardner) and was referred to 
the Committee on Commerce, Science, and Transportation of the 
Senate. On November 13, 2019, the Committee met in open 
Executive Session and, by voice vote, ordered S. 2525 reported 
favorably with an amendment (in the nature of a substitute).
    There have been several other bills relating to PFAS 
introduced in the 116th Congress, including S. 2353, the 
Protecting Firefighters from Adverse Substances Act of 2019, 
which was introduced on July 31, 2019, by Senator Peters (for 
himself and Senators Gardner, Hassan, and Sullivan) and was 
referred to the Committee on Homeland Security and Governmental 
Affairs of the Senate. On February 3, 2020, that Committee 
reported S. 2353 favorably without amendment.

                            ESTIMATED COSTS

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 2525 would require the National Institute of Standards 
and Technology (NIST) and the National Institute for 
Occupational Safety and Health (NIOSH) to study the prevalence 
and concentrations of per- and polyfluoroalkyl substances 
(PFAS) in personal protective equipment worn by firefighters, 
releases of those substances into the environment, and 
firefighters' risk of PFAS exposure. The study would need to be 
completed within three years of enactment. The bill also would 
require NIST to award grants for research on safe alternatives 
to the use of PFAS in personal protective equipment.
    For this estimate, CBO assumes that the bill will be 
enacted in fiscal year 2020. The bill would authorize the 
appropriation of whatever amounts are necessary.
    Using information from NIST and NIOSH, CBO estimates that 
it would cost the two agencies $7 million over the 2020-2023 
period for the required study. Over the 2024-2025 period, CBO 
estimates that it would cost NIST $7 million for the required 
grants and related administrative costs. Thus, the total cost 
would be $14 million over the 2020-2025 period, assuming 
appropriation of the necessary amounts.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

Number of persons covered

    S. 2525, as reported, does not create any new programs or 
impose any new regulatory requirements, and therefore will not 
subject any individuals or businesses to new regulations.

Economic impact

    S. 2525 is not expected to have a negative impact on the 
Nation's economy.

Privacy

    S. 2525 would have no impact on the personal privacy of 
individuals.

Paperwork

    S. 2525 would require the Director of the National 
Institute of Standards and Technology to complete a report, to 
be submitted to Congress, relating to the findings of the 
conducted study and recommendations for additional research or 
technical improvements for firefighter's personal protective 
equipment.

                   CONGRESSIONALLY DIRECTED SPENDING

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section would provide that the bill may be cited as 
the ``Guaranteeing Equipment Safety for Firefighters Act of 
2019''.

Section 2. National Institute of Standards and Technology study on per- 
        and polyfluoroalkyl substances in personal protective equipment 
        worn by firefighters

    This section would require the Director of the NIST, in 
partnership with the Director of NIOSH, to study the identity, 
prevalence, and concentration of PFAS in the personal 
protective equipment worn by firefighters; the conditions and 
extent to which PFAS are released over time as personal 
protective equipment degrades through normal use; and the PFAS 
exposure risk faced by firefighters. This study would be 
required to be completed within 3 years of enactment of this 
Act.
    NIST would be required to submit to Congress annual 
progress reports on the study. A final report detailing the 
study's findings along with recommendations on additional 
research needed or technical improvements to personal 
protective equipment to avoid unnecessary occupational exposure 
to PFAS for firefighters would be required to be submitted to 
Congress no later than 90 days after the study is completed.

Section 3. Research on per- and polyfluoroalkyl substances in personal 
        protective equipment worn by firefighters

    Not later than 180 days after the date of submission of the 
report described in section 2, NIST would be required to issue 
a solicitation for research proposals and to award grants on 
the basis of merit to applicants whose research proposals would 
carry out the research recommendations outlined in the study 
described in section 2.
    Any entity or group of two or more entities would be 
eligible to apply for these grants, including State and local 
agencies, public institutions, private corporations, and 
nonprofit organizations. This section would authorize such sums 
as may be necessary to carry out the study for NIST. These 
funds shall supplement and not supplant funds made available to 
NIST for other purposes.

Section 4. Authority for the Director of the National Institute of 
        Standards and Technology to consult with experts on matters 
        relating to per- and polyfluoroalkyl substances

    This section would authorize NIST to consult with Federal 
agencies, nongovernmental organizations, State and local 
governments, and science and research institutions that have 
scientific or material interest in the occupational exposure of 
PFAS chemicals to firefighters as it carries out this Act.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]