[Senate Report 117-21]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 55
117th Congress                                                   Report
                                 SENATE
 1st Session                                                     117-21
_______________________________________________________________________

 
          PROTECTING FIREFIGHTERS FROM ADVERSE SUBSTANCES ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 231

               TO DIRECT THE ADMINISTRATOR OF THE FEDERAL
            EMERGENCY MANAGEMENT AGENCY TO DEVELOP GUIDANCE
             FOR FIREFIGHTERS AND OTHER EMERGENCY RESPONSE
            PERSONNEL ON BEST PRACTICES TO PROTECT THEM FROM
         EXPOSURE TO PFAS AND TO LIMIT AND PREVENT THE RELEASE
          OF PFAS INTO THE ENVIRONMENT, AND FOR OTHER PURPOSES

		
		
		
		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  
                  May 10, 2021.--Ordered to be printed

			      ________


		   U.S. GOVERNMENT PUBLISHING OFFICE

 			   WASHINGTON : 2021        
        
        
        
        
        
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Yogin J. Kothari, Professional Staff Member
              Chelsea A. Davis, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
  Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
     Clyde E. Hicks Jr., Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk





                                                        Calendar No. 55
117th Congress                                                   Report
                                 SENATE
 1st Session                                                     117-21

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




          PROTECTING FIREFIGHTERS FROM ADVERSE SUBSTANCES ACT

                                _______
                                

                  May 10, 2021.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 231]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 231) to direct the 
Administrator of the Federal Emergency Management Agency to 
develop guidance for firefighters and other emergency response 
personnel on best practices to protect them from exposure to 
PFAS and to limit and prevent the release of PFAS into the 
environment, 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.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
 IV. Section-by-Section Analysis......................................5
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. PURPOSE AND SUMMARY

    S. 231, the Protecting Firefighters from Adverse Substances 
Act, or the ``PFAS Act,'' directs the Federal Emergency 
Management Agency (FEMA), in consultation with the United 
States Fire Administration (USFA), Environmental Protection 
Agency (EPA), and the National Institute for Occupational 
Safety and Health (NIOSH), to develop and publish guidance for 
firefighters, first responders, and other emergency response 
personnel on training, education programs, and best practices 
to protect them and their communities from exposure to per- and 
polyfluoroalkyl substances, commonly referred to as PFAS.\1\
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    \1\On February 3, 2020, the Committee approved S. 2353, the 
Protecting Firefighters from Adverse Substances Act of 2019, which is 
substantially similar to S. 231.
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    Specifically, this guidance is to include information on 
ways to reduce and eliminate exposure to PFAS from firefighting 
foam and personal protective equipment, and prevent and 
eliminate the release of PFAS into the environment. The bill 
also requires the development and issuance of guidance to 
identify safer foam and non-foam alternatives, personal 
protective equipment, and other firefighting gear and tools 
that do not contain PFAS. In addition, the bill requires the 
creation of a regularly-updated online repository that includes 
resources for firefighters, first responders, and emergency 
response personnel on tools and best practices to help protect 
themselves and their communities from the release of, and 
exposure to, PFAS. When developing these resources, FEMA is 
also required to consult with firefighters, communities 
affected by PFAS contamination, scientists, voluntary standards 
organizations, state fire training academies, state fire 
marshals, manufacturers of firefighter tools and equipment, and 
other relevant parties. FEMA, in consultation with the 
aforementioned Federal agencies, is required to review the 
guidance three years from the date of the bill's enactment and 
not less frequently than once every two years thereafter. The 
requirements set forth in this bill are exempt from the Federal 
Advisory Committee Act.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    PFAS are a large class of man-made chemicals that are 
widely used in everyday products, such as waterproof clothing, 
stain resistant fabrics and carpets, non-stick cookware, 
cosmetics, and firefighting foams.\2\ PFAS have been in use 
since the 1950s and are commonly detected at low levels in the 
environment, including in people and wildlife, because of their 
extensive use.\3\ Contamination of ground and surface waters, 
including drinking water, is found at higher concentrations 
near locations where PFAS firefighting foams have been used, 
and around industrial sites that have used the fluorinated 
chemicals in manufacturing and in commercial products.\4\ 
Studies indicate that high-level exposure to specific PFAS may 
lead to adverse health effects in humans, including increased 
risks of cancer, increased risk of high blood pressure or pre-
eclampsia in pregnant women, small decreases in infant birth 
weights, decreased vaccine response in children, changes in 
liver enzymes, and increased cholesterol levels.\5\
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    \2\Centers for Disease Control, Agency for Toxic Substances and 
Disease Registry, Per- and Polyfluoroalkyl Substances (PFAS) and Your 
Health, PFAS FAQs (https://www.atsdr.cdc.gov/pfas/resources/pfas-
faqs.html) (accessed Apr. 19, 2021).
    \3\Id.
    \4\U.S. Environmental Protection Agency, PFOA, PFOS, and Other 
PFAS, Basic Information on PFAS, How are people exposed to PFAS? 
(https://www.epa.gov/pfas/basic-information-pfas#exposed) (accessed 
Apr. 19, 2021).
    \5\Per- and Polyfluoroalkyl Substances (PFAS) and Your Health, PFAS 
FAQs, supra note 2.
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    The adverse health effects of human exposure to PFAS were 
first discovered as far back as 1950 when 3M, a major 
manufacturer of products containing PFAS, demonstrated that 
PFAS could pollute people's blood.\6\ In the 1980s, both 3M and 
DuPont identified links between PFAS and cancer, including 
finding elevated cancer rates among their own workers.\7\ In 
2000, 3M announced a phase-out of certain PFAS,\8\ but other 
countries may still manufacture and use them. Moreover, because 
most PFAS do not break down, they remain persistent in the 
environment after being released.\9\ Research on the health 
risks of PFAS is ongoing, led by government entities such as 
the EPA, Food and Drug Administration, Department of 
Agriculture, National Institutes of Health, Centers for Disease 
Control and Prevention, Department of Defense (DoD), as well as 
local and state governments and national organizations.\10\
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    \6\Environmental Working Group, What are PFAS Chemicals? (https://
www.ewg.org/pfaschemicals/what-are-forever-chemicals.html) (accessed 
Apr. 19, 2021).
    \7\Id.
    \8\3M Knew About the Dangers of PFOA And PFOS Decades Ago, Internal 
Documents Show, The Intercept (July 31, 2018) (https://
theintercept.com/2018/07/31/3m-pfas-minnesota-pfoa-pfos/) (accessed 
Apr. 19, 2021).
    \9\Centers for Disease Control, Agency for Toxic Substances and 
Disease Registry, Per- and Polyfluoroalkyl Substances (PFAS) and Your 
Health, What are PFAS? (https://www.atsdr.cdc.gov/pfas/health-effects/
overview.html) (accessed Apr. 19, 2021).
    \10\U.S. Food and Drug Administration, Per and Polyfluoroalkyl 
Substances (PFAS). (https://www.fda.gov/food/chemicals/and-
polyfluoroalkyl-substances-pfas) (accessed Apr. 19, 2021).
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    In 2009, EPA included PFAS for monitoring under the Safe 
Drinking Water Act and issued a provisional health advisory for 
two PFAS compounds, perfluorooctanoic acid (PFOA) and 
perfluorooctanesulfonic acid (PFOS).\11\ In 2014, EPA published 
draft health assessments aimed in part at identifying safe 
drinking water levels for these compounds,\12\ and in 2016, it 
established a non-enforceable Lifetime Health Advisory of 70 
parts per trillion in drinking water.\13\ In 2021, EPA reissued 
a final regulatory determination to regulate these two types of 
PFAS in drinking water.\14\
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    \11\U.S. Environmental Protection Agency, Provisional Health 
Advisories for Perfluorooctanoic Acid (PFOA) and Perfluorooctane 
Sulfonate (PFOS) (Jan. 8, 2009) (https://www.epa.gov/sites/production/
files/2015-09/documents/pfoa-pfos-provisional.pdf) (accessed Apr. 19, 
2021).
    \12\U.S. Environmental Protection Agency, Health Effects Document 
for Perfluorooctanoic Acid (PFOA) and Health Effects Document for 
Perfluorooctane Sulfonate (PFOS) (Feb. 28, 2014) (https://
www.regulations.gov/document/EPA-HQ-OW-2014-0138-0002 and https://
www.regulations.gov/document/EPA-HQ-OW-2014-0138-0003) (accessed Apr. 
19, 2021).
    \13\U.S. Environmental Protection Agency, Supporting Documents for 
Drinking Water Health Advisories for PFOA and PFOS (https://
www.epa.gov/ground-water-and-drinking-water/supporting-documents-
drinking-water-health-advisories-pfoa-and-pfos) (accessed Apr. 19, 
2021).
    \14\U.S. Environmental Protection Agency, Announcement of Final 
Regulatory Determinations for Contaminants on the Fourth Drinking Water 
Contaminant Candidate List (Mar. 3, 2021). (https://
www.federalregister.gov/documents/2021/03/03/2021-04184/announcement-
of-final-regulatory-determinations-for-contaminants-on-the-fourth-
drinking-water) (accessed Apr. 19, 2021).
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    In 2010, The Michigan Department of Environment, Great 
Lakes, and Energy (EGLE) became aware of PFAS contamination at 
a former fire training area at the decommissioned Wurtsmith Air 
Force Base in Oscoda, Michigan.\15\ Similar contamination has 
been detected at many other DoD installations, both active and 
decommissioned, including at Pease Air Force Base in New 
Hampshire.\16\ This contamination spread to neighboring 
civilians and caused the city of Portsmouth, New Hampshire to 
close the Haven well in 2014.\17\ Pease Air Force Base water 
became contaminated with PFAS through the use of Aqueous Film 
Forming Foam (AFFF),\18\ which had been used by the U.S. Air 
Force since the 1970s.\19\
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    \15\Former Wurtsmith Air Force Base, Iosco County, Michigan PFAS 
Action Response Team, Michigan Dept. of Environment, Great Lakes, and 
Energy (https://www.michigan.gov/pfasresponse/0,9038,7-365-
86511_82704_83952---,00.html) (accessed Apr. 19, 2021).
    \16\New Hampshire Department of Health and Human Services, Poly- 
and Per-fluoralkyl Substances, Pease Tradeport Water System 
Investigation (https://www.dhhs.nh.gov/dphs/investigation-pease.htm) 
(accessed Apr. 19, 2021).
    \17\Id.
    \18\Testing for Pease, The PFAS Contamination at Pease: A Community 
Perspective (Nov. 8, 2017) (https://www.healthandenvironment.org/docs/
CHE-Alaska-Andrea-Amico-presentation-11-08-2017.pdf) (accessed Apr. 19, 
2021).
    \19\Air Force Civil Engineer Center, Air Force Response to PFOS and 
PFOA (https://www.afcec.af.mil/WhatWeDo/Environment/Perfluorinated-
Compounds/) (accessed Apr. 19, 2021).
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    In a November 2018 hearing held by the Subcommittee on 
Federal Spending Oversight and Emergency Management entitled, 
The Federal Role in the Toxic PFAS Chemical Crisis, Brian 
Lepore, Director, Defense Capabilities and Management, 
Government Accountability Office, testified that there are 401 
active or closed military bases with known or suspected PFAS 
groundwater contamination.\20\ To address PFAS contamination 
issues across its military bases and installations, Mr. Lepore 
stated that DoD spent $200 million for PFAS cleanup efforts as 
of December 2016, but added that it would take several more 
years to determine full environmental remediation costs.\21\ A 
2020 DoD report found that the number of military installations 
potentially affected by PFAS has risen to 651.\22\ At the same 
hearing, Lieutenant Timothy Putnam, Vice President of the 
Tidewater Federal Firefighters, explained that firefighters and 
emergency response personnel face disproportionately high 
levels of PFAS exposure because the chemicals are key 
ingredients in AFFF and personal protective equipment.\23\ 
Firefighters are routinely exposed to PFAS during emergency 
responses and training activities.
---------------------------------------------------------------------------
    \20\Senate Committee on Homeland Security and Governmental Affairs, 
Subcommittee on Federal Spending and Emergency Management, Testimony 
Submitted for the Record of Brian J. Lepore, Director, Defense 
Capabilities and Management, U.S. Government Accountability Office, The 
Federal Role in the Toxic PFAS Chemical Crisis, 115th Cong. (Sep. 26, 
2018) (https://www.hsgac.senate.gov/imo/media/doc/
Lepore%20Testimony.pdf) (accessed Apr. 19, 2021).
    \21\Id.
    \22\U.S. Department of Defense, Per- and Polyfluoroalkyl Substances 
(PFAS) Task Force, Progress Report (March 2020) (https://
media.defense.gov/2020/Mar/13/2002264440/-1/-1/1/
PFAS_Task_Force_Progress_Report_March_2020.pdf) (accessed Apr. 19, 
2021).
    \23\The Federal Role in the Toxic PFAS Chemical Crisis, supra note 
20, Testimony Submitted for the Record of Lieutenant Timothy Putnam, 
Vice President, Tidewater Federal Firefighters (https://
www.hsgac.senate.gov/imo/media/doc/Putnam%20Testimony.pdf) (accessed 
Apr. 19, 2021).
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    This bill addresses a gap in Federal efforts and measures 
to reduce, prevent, and eliminate the disproportionate level of 
PFAS exposure to firefighters, first responders, and other 
emergency response personnel. As noted above, most PFAS 
regulation has been focused on environmental safety, and mainly 
related to drinking water. This bill helps fill a critical 
information gap that currently exists in addressing PFAS 
contamination by providing firefighters, first responders, and 
other emergency response personnel with important information 
on health impacts and the steps necessary to protect themselves 
and their communities from PFAS exposure. FEMA's partnership 
with relevant Federal experts to develop consensus, guidance, 
and a repository of information on best practices to reduce, 
prevent, and eliminate PFAS exposure and contamination will 
help safeguard the health and safety of firefighters, first 
responders, emergency response personnel, and the communities 
they serve. This information will help firefighters, first 
responders, and other emergency response personnel reduce their 
exposures to PFAS and minimize or eliminate its environmental 
release.

                        III. LEGISLATIVE HISTORY

    Chairman Gary Peters (D-MI) introduced S. 231, the 
Protecting Firefighters from Adverse Substances Act, on 
February 4, 2021, with Senators Sullivan (R-AK), Hassan (D-NH), 
Tillis (R-NC), Carper (D-DE), Murkowski (R-AK), and Collins (R-
ME). Senator Sinema (D-AZ) joined as a cosponsor on March 17, 
2021. The bill was referred to the Committee on Homeland 
Security and Governmental Affairs.
    The Committee considered S. 231 at a business meeting on 
March 17, 2021. During the business meeting, a substitute 
amendment was offered by Chairman Peters and adopted en bloc by 
voice vote. The bill, as amended, was ordered reported 
favorably en bloc by voice vote with Senators Peters, Rosen, 
Padilla, Portman, Johnson, Lankford, Romney, Scott, and Hawley 
present. Consistent with Committee Rule 11, the Committee 
reports the bill with a technical amendment by mutual agreement 
of the Chairman and Ranking Member.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short Title.

    This section establishes the short title of the bill as the 
``Protecting Firefighters from Adverse Substances Act.''

Section 2. Guidance on How to Prevent Exposure to and Release of PFAS.

    Subsection (a) directs FEMA, in consultation with the USFA, 
EPA, NIOSH, and other relevant Federal agencies to, within 180 
days of enactment, develop and publish guidance for 
firefighters, first responders, and other emergency response 
personnel on training, best practices, and education programs 
to reduce and eliminate exposure to and prevent the release of 
PFAS into the environment, as well as alternative tools and 
equipment that do not contain PFAS. FEMA is also required to 
create a regularly updated online public repository on methods 
for firefighters, first responders, and other emergency 
response personnel to reduce and prevent the release of, and 
exposure to, PFAS.
    Subsection (b) requires the FEMA Administrator to consult 
with interested entities when developing the guidance required 
under subsection (a), including firefighters and other 
emergency response personnel, communities impacted by PFAS 
contamination, and scientists who are studying PFAS or PFAS 
alternatives.
    Subsection (c) requires the FEMA Administrator to review 
and issue updates to the guidance required under subsection (a) 
no later than three years after the guidance is issued, and no 
later than every two years thereafter.
    Subsection (d) exempts the guidance development and 
consultation provisions outlined in this bill from the 
requirements established in the Federal Advisory Committee Act.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 1, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 231, the PFAS Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                 Phillip L. Swagel.
    Enclosure.

          [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 231 would direct the Federal Emergency Management Agency 
(FEMA) to develop and publish guidance for firefighters and 
other emergency responders to reduce exposure to PFAS.\1\ The 
guidance would include information on best practices, training, 
and education developed in consultation with scientists, 
firefighters, manufacturers, and staff at other federal 
agencies. The bill also would require FEMA to create and 
maintain an online repository for tools and best practices 
concerning PFAS.
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    \1\PFAS, perfluoroalkyl and polyfluoroalkyl substances, are 
chemical compounds used in certain fire suppressants.
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    For this estimate, CBO assumes that the bill will be 
enacted in fiscal year 2021. CBO expects that FEMA could incur 
some costs in 2021 but that most of the costs would be incurred 
in 2022 and later. Any spending would be subject to the 
availability of appropriated funds.
    Using information from FEMA about similar efforts, CBO 
estimates that creating the guidance and training materials 
related to PFAS and developing the online repository would cost 
about $600,000 initially and about $100,000 each year 
thereafter to update those materials and maintain the 
repository system. To oversee implementation, CBO expects that 
FEMA would need one staff member at an estimated annual cost of 
$180,000. In total, CBO estimates, implementing the bill would 
cost about $2 million over the 2021-2026 period.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because S. 231 would not repeal or amend any provision of 
current law, it would make no changes in existing law within 
the meaning of clauses (a) and (b) of paragraph 12 of rule XXVI 
of the Standing Rules of the Senate.

                                  [all]