[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
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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.
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\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.
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