Prevent Future American Sickness Act of 2020

II 116TH CONGRESS 2D SESSION S. 3227 To require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2020 Mr. SANDERS (for himself, Mr. MERKLEY, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on En- vironment and Public Works A BILL To require the Administrator of the Environmental Protec- tion Agency to designate per- and polyfluoroalkyl sub- stances as hazardous substances under the Comprehen- sive Environmental Response, Compensation, and Liabil- ity Act of 1980, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevent Future Amer- 4 ican Sickness Act of 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3227 IS (1) PFAS have been found in the blood of 99 1 percent of individuals in the United States; 2 (2) PFAS chemicals have so far been confirmed 3 in the groundwater or tap water of more than 1,400 4 communities; 5 (3) based on sampling data, scientists estimate 6 that more than 100,000,000 individuals in the 7 United States may be drinking water contaminated 8 with PFAS; 9 (4) the Environmental Protection Agency was 10 first notified about the health risks posed by PFAS 11 in 1998, but has failed to set a drinking water 12 standard or restrict ongoing releases in the air and 13 water; 14 (5) existing treatment technologies can reduce 15 the quantity of PFAS in tap water to levels below 16 2 parts per trillion; 17 (6) the Environmental Protection Agency has 18 established lifetime health advisory levels for some 19 PFAS chemicals at 70 parts per trillion; 20 (7) a June 2018 study by the Agency for Toxic 21 Substances and Disease Registry of the Department 22 of Health and Human Services found that PFAS 23 chemicals pose a danger to human health at a level 24 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3227 IS far lower than the lifetime health advisory level es- 1 tablished by the Environmental Protection Agency; 2 (8) PFAS chemical contamination sites appear 3 with particularly high frequency in the States of 4 New Jersey, Michigan, and California, with contami- 5 nation levels as high as— 6 (A) 27,800 parts per trillion found in New 7 Jersey; 8 (B) 1,200,000 parts per trillion found in 9 Michigan; and 10 (C) 8,000,000 parts per trillion found in 11 California; 12 (9) the Department of Defense estimates that 13 PFAS cleanup on military bases will surpass the 14 original cost estimate of the Department of Defense 15 of $2,000,000,000; 16 (10) a study published in the International 17 Journal of Hygiene and Environmental Health esti- 18 mated the economic cost of PFAS contamination 19 from increased numbers of low birth weight infants 20 was $13,700,000,000 from 2003 through 2014; 21 (11) States such as Vermont, New Hampshire, 22 New Jersey, and Michigan are leading the way in 23 terms of setting robust drinking water standards for 24 PFAS chemicals; 25 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3227 IS (12) the State of Vermont has implemented the 1 strictest standard for PFAS chemicals in the United 2 States, with a maximum contaminant level of 20 3 parts per trillion for the sum of 5 PFAS chemicals; 4 and 5 (13) the States of Washington and Maine are 6 leading the way in terms of taking action to limit 7 PFAS chemicals in food packaging. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) ADMINISTRATOR.—The term ‘‘Adminis- 11 trator’’ means the Administrator of the Environ- 12 mental Protection Agency. 13 (2) FULLY FLUORINATED CARBON ATOM.—The 14 term ‘‘fully fluorinated carbon atom’’ means a car- 15 bon atom on which all the hydrogen substituents 16 have been replaced by fluorine. 17 (3) PFAS.—The term ‘‘PFAS’’ means 18 perfluoroalkyl and polyfluoroalkyl substances that 19 are man-made chemicals with at least 1 fully 20 fluorinated carbon atom. 21 SEC. 4. DESIGNATION AS HAZARDOUS SUBSTANCES. 22 Not later than 1 year after the date of enactment 23 of this Act, the Administrator shall designate all PFAS 24 as hazardous substances under section 102(a) of the Com- 25 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3227 IS prehensive Environmental Response, Compensation, and 1 Liability Act of 1980 (42 U.S.C. 9602(a)). 2 SEC. 5. WATER INFRASTRUCTURE. 3 (a) DRINKING WATER STATE REVOLVING FUND AU- 4 THORIZED ACTIVITIES.—Section 1452(k)(1) of the Safe 5 Drinking Water Act (42 U.S.C. 300j–12(k)(1)) is amend- 6 ed by adding at the end the following: 7 ‘‘(E) Provide assistance in the form of a 8 grant to an owner of a household water well 9 that has been contaminated by perfluoroalkyl 10 and polyfluoroalkyl substances (commonly re- 11 ferred to as ‘PFAS’) (as defined by the State 12 in which the household well is located) for the 13 purpose of purchasing and installing a house- 14 hold filtration system.’’. 15 (b) PFAS GRANT PROGRAM.—Part E of the Safe 16 Drinking Water Act (42 U.S.C. 300j et seq.) is amended 17 by adding at the end the following: 18 ‘‘SEC. 1459E. PFAS GRANT PROGRAM. 19 ‘‘(a) DEFINITIONS.—In this section: 20 ‘‘(1) FULLY FLUORINATED CARBON ATOM.— 21 The term ‘fully fluorinated carbon atom’ means a 22 carbon atom on which all the hydrogen substituents 23 have been replaced by fluorine. 24 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3227 IS ‘‘(2) PFAS.—The term ‘PFAS’ means 1 perfluoroalkyl and polyfluoroalkyl substances that 2 are man-made chemicals with at least 1 fully 3 fluorinated carbon atom. 4 ‘‘(b) GRANTS.—The Administrator shall carry out a 5 grant program to provide grants to States and Indian 6 tribes to assist the owners and operators of community 7 water systems affected by contamination by PFAS. 8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 9 are authorized to be appropriated to the Administrator 10 such sums as are necessary to carry out this section, to 11 remain available until expended.’’. 12 (c) PRETREATMENT STANDARDS.—Section 307 of 13 the Federal Water Pollution Control Act (33 U.S.C. 1317) 14 is amended by adding at the end the following: 15 ‘‘(f) PFAS PRETREATMENT STANDARDS.— 16 ‘‘(1) DEFINITIONS.—In this subsection: 17 ‘‘(A) FULLY FLUORINATED CARBON 18 ATOM.—The term ‘fully fluorinated carbon 19 atom’ means a carbon atom on which all the 20 hydrogen substituents have been replaced by 21 fluorine. 22 ‘‘(B) PFAS.—The term ‘PFAS’ means 23 perfluoroalkyl and polyfluoroalkyl substances 24 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3227 IS that are man-made chemicals with at least 1 1 fully fluorinated carbon atom. 2 ‘‘(2) STANDARDS REQUIRED.—The Adminis- 3 trator shall establish pretreatment standards under 4 subsection (b) for PFAS. 5 ‘‘(3) GRANTS.— 6 ‘‘(A) ESTABLISHMENT.—The Adminis- 7 trator shall carry out a grant program to pro- 8 vide assistance to publicly owned treatment 9 works in implementing the pretreatment stand- 10 ards required under paragraph (2). 11 ‘‘(B) AUTHORIZATION OF APPROPRIA- 12 TIONS.—There are authorized to be appro- 13 priated such sums as are necessary to carry out 14 this paragraph, to remain available until ex- 15 pended.’’. 16 (d) WATER INFRASTRUCTURE GRANTS.— 17 (1) GRANTS.—The Administrator shall carry 18 out a grant program to assist in the development of 19 water infrastructure. 20 (2) AUTHORIZATION OF APPROPRIATIONS.— 21 There are authorized to be appropriated such sums 22 as are necessary to carry out this subsection, to re- 23 main available until expended. 24 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3227 IS SEC. 6. PROHIBITION AGAINST FOOD CONTACT SUB- 1 STANCES CONTAINING PERFLUOROALKYL 2 AND POLYFLUOROALKYL SUBSTANCES. 3 Paragraph (6) of section 409(h) of the Federal Food, 4 Drug, and Cosmetic Act (21 U.S.C. 348(h)(6)) is amend- 5 ed— 6 (1) by striking ‘‘(6)’’ and inserting ‘‘(6)(A) 7 DEFINITION.—’’; and 8 (2) by adding at the end the following: 9 ‘‘(B) PERFLUORINATED COMPOUNDS.— 10 ‘‘(i) DEEMED UNSAFE.—Beginning on January 11 1, 2022, any PFAS used as a food contact sub- 12 stance is deemed to be unsafe for the purposes of 13 this section and the application of subparagraph 14 (2)(C) of section 402(a). 15 ‘‘(ii) DEFINITIONS.—In this subparagraph: 16 ‘‘(I) The term ‘PFAS’ means a 17 perfluoroalkyl substance or a polyfluoroalkyl 18 substance that is man-made with at least 1 19 fully fluorinated carbon atom. 20 ‘‘(II) The term ‘perfluoroalkyl substance’ 21 means a man-made chemical of which all of the 22 carbon atoms are fully fluorinated carbon 23 atoms. 24 ‘‘(III) The term ‘polyfluoroalkyl substance’ 25 means a man-made chemical containing a mix 26 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3227 IS of fully fluorinated carbon atoms, partially 1 fluorinated carbon atoms, and nonfluorinated 2 carbon atoms.’’. 3 SEC. 7. LISTING OF PERFLUOROALKYL AND 4 POLYFLUOROALKYL SUBSTANCES AS HAZ- 5 ARDOUS AIR POLLUTANTS. 6 (a) LISTING.—Not later than 180 days after the date 7 of enactment of this Act, the Administrator shall issue a 8 final rule adding, as a class, all PFAS to the list of haz- 9 ardous air pollutants under section 112(b) of the Clean 10 Air Act (42 U.S.C. 7412(b)). 11 (b) SOURCES CATEGORIES.—Not later than 1 year 12 after the final rule is issued under subsection (a), the Ad- 13 ministrator shall revise the list under section 112(c)(1) of 14 the Clean Air Act (42 U.S.C. 7412(c)(1)) to include cat- 15 egories and subcategories of major sources and area 16 sources of PFAS listed pursuant to that final rule. 17 SEC. 8. PROHIBITION ON WASTE INCINERATION OF PFAS. 18 Section 3004 of the Solid Waste Disposal Act (42 19 U.S.C. 6924) is amended by adding at the end the fol- 20 lowing: 21 ‘‘(z) PFAS WASTES.— 22 ‘‘(1) DEFINITIONS.—In this subsection: 23 ‘‘(A) FULLY FLUORINATED CARBON 24 ATOM.—The term ‘fully fluorinated carbon 25 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3227 IS atom’ means a carbon atom on which all the 1 hydrogen substituents have been replaced by 2 fluorine. 3 ‘‘(B) PFAS.—The term ‘PFAS’ means 4 perfluoroalkyl and polyfluoroalkyl substances 5 that are man-made chemicals with at least 1 6 fully fluorinated carbon atom. 7 ‘‘(2) FIREFIGHTING FOAM.— 8 ‘‘(A) IN GENERAL.—Not later than 180 9 days after the date of enactment of this sub- 10 section, the Administrator shall promulgate reg- 11 ulations prohibiting the disposal by incineration 12 of firefighting foam containing PFAS. 13 ‘‘(B) EFFECTIVE DATE.—The prohibition 14 described in subparagraph (A) shall take effect 15 not later than 270 days after the date of enact- 16 ment of this subsection. 17 ‘‘(3) OTHER PFAS WASTES.— 18 ‘‘(A) IDENTIFICATION AND PROHIBI- 19 TION.—Not later than 1 year after the date of 20 enactment of this subsection, the Administrator 21 shall promulgate regulations— 22 ‘‘(i) identifying additional wastes con- 23 taining PFAS for which a prohibition on 24 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3227 IS incineration may be necessary to protect 1 human health and the environment; and 2 ‘‘(ii) prohibiting the disposal by incin- 3 eration of wastes identified under clause (i) 4 beginning not later than 540 days after 5 the date of enactment of this subsection. 6 ‘‘(B) REVIEW AND REVISION.—The Ad- 7 ministrator shall review and revise the list of 8 wastes identified under subparagraph (A)(i) as 9 necessary, but not less frequently than once 10 every 4 years. 11 ‘‘(4) PENALTIES.—For purposes of section 12 3008(d), a waste subject to a prohibition under this 13 subsection shall be considered a hazardous waste 14 identified or listed under this subtitle.’’. 15 SEC. 9. REPORT BY DEPARTMENT OF DEFENSE ON 16 FLUORINATED AQUEOUS FILM FORMING 17 FOAM. 18 Not later than one year after the date of the enact- 19 ment of this Act, the Secretary of Defense shall submit 20 to Congress a report on— 21 (1) the location and amount of the stockpiled 22 fluorinated aqueous film forming foam in the posses- 23 sion of the Department of Defense that contains 24 PFAS; and 25 VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3227 IS (2) the amount of such foam that has been de- 1 stroyed during the 10-year period ending of the date 2 of the enactment of this Act and the method and lo- 3 cation of destruction. 4 Æ VerDate Sep 11 2014 22:09 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S3227.IS S3227 kjohnson on DSK79L0C42PROD with BILLS