PFAS Testing and Treatment Act of 2020

II 116TH CONGRESS 2D SESSION S. 3480 To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize additional assistance to address pollution from perfluoroalkyl and polyfluoroalklyl substances and other emerging con- taminants, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 12, 2020 Mrs. SHAHEEN (for herself, Mr. SCHUMER, Mr. CARPER, Ms. STABENOW, Ms. HASSAN, Mr. REED, Mr. PETERS, Mr. MARKEY, Mr. WHITEHOUSE, Mr. BOOKER, Ms. WARREN, Mr. MERKLEY, Mr. BLUMENTHAL, Mr. CASEY, Ms. HARRIS, Mr. DURBIN, Mr. COONS, Ms. DUCKWORTH, Mrs. GILLI- BRAND, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize additional as- sistance to address pollution from perfluoroalkyl and polyfluoroalklyl substances and other emerging contami- nants, 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 ‘‘Providing Financial 4 Assistance to States for Testing and Treatment Act of 5 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3480 IS 2020’’ or the ‘‘PFAS Testing and Treatment Act of 1 2020’’. 2 SEC. 2. REMEDIATION OF PERFLUOROALKYL AND POLY- 3 FLUOROALKYL SUBSTANCES AND OTHER 4 EMERGING CONTAMINANTS IN DRINKING 5 WATER. 6 Section 1452 of the Safe Drinking Water Act (42 7 U.S.C. 300j–12) is amended— 8 (1) in subsection (a)(2)(G)— 9 (A) in clause (i), by striking ‘‘clause (ii)’’ 10 and inserting ‘‘clauses (ii) and (iii)’’; 11 (B) by redesignating clause (iii) as clause 12 (iv); and 13 (C) by inserting after clause (ii) the fol- 14 lowing: 15 ‘‘(iii) USE OF FUNDS.—The recipient 16 of a grant using amounts described in 17 clause (i) may use the grant funds for 18 projects and activities that address emerg- 19 ing contaminants, including— 20 ‘‘(I) investments necessary for 21 public water systems and users of un- 22 derground sources of drinking water 23 to comply with the requirements of 24 this title; 25 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3480 IS ‘‘(II) programs to provide house- 1 hold water quality testing, including 2 testing for unregulated contaminants; 3 and 4 ‘‘(III) other investments and pro- 5 grams to address emerging contami- 6 nants.’’; and 7 (2) in subsection (t)— 8 (A) by striking paragraph (1) and insert- 9 ing the following: 10 ‘‘(1) DISTRIBUTION.— 11 ‘‘(A) IN GENERAL.—Amounts made avail- 12 able under this subsection shall be allotted to a 13 State as a capitalization grant— 14 ‘‘(i) in accordance with subparagraph 15 (B); 16 ‘‘(ii) for deposit into the State loan 17 fund of the State; and 18 ‘‘(iii) for the purposes described in 19 subsection (a)(2)(G). 20 ‘‘(B) ALLOTMENT.—The amounts de- 21 scribed in subparagraph (A) shall be allotted to 22 a State— 23 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3480 IS ‘‘(i) for each of fiscal years 2021 and 1 2022, as if allotted under subsection 2 (a)(1)(D); and 3 ‘‘(ii) for each of fiscal years 2023 4 through 2029, in accordance with the reg- 5 ulations promulgated under subparagraph 6 (C). 7 ‘‘(C) RULEMAKING.—Not later than 2 8 years after the date of enactment of this sub- 9 paragraph, the Administrator shall promulgate 10 regulations for the distribution of amounts de- 11 scribed in subparagraph (A) among States in a 12 manner that accounts for the prevalence and re- 13 medial costs of addressing emerging contami- 14 nants, with a focus on perfluoroalkyl and poly- 15 fluoroalkyl substances.’’; and 16 (B) in paragraph (2), by striking ‘‘this 17 subsection’’ and all that follows through the pe- 18 riod at the end and inserting the following: 19 ‘‘this subsection, to remain available until ex- 20 pended— 21 ‘‘(A) for fiscal year 2020— 22 ‘‘(i) $1,000,000,000; and 23 ‘‘(ii) any additional amount as may be 24 designated by Congress as being for an 25 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3480 IS emergency requirement pursuant to section 1 251(b)(2)(A)(i) of the Balanced Budget 2 and Emergency Deficit Control Act of 3 1985 (2 U.S.C. 901(b)(2)(A)(i)); and 4 ‘‘(B) for each of fiscal years 2021 through 5 2029, $1,000,000,000.’’. 6 SEC. 3. REMEDIATION OF CONTAMINATION OF GROUND- 7 WATER BY PERFLUOROALKYL SUBSTANCES. 8 Title V of the Federal Water Pollution Control Act 9 is amended— 10 (1) by redesignating section 520 (33 U.S.C. 11 1251 note) as section 521; and 12 (2) by inserting after section 519 (33 U.S.C. 13 1377a) the following: 14 ‘‘SEC. 520. REMEDIATION OF CONTAMINATION OF GROUND- 15 WATER BY PERFLUOROALKYL SUBSTANCES. 16 ‘‘(a) DEFINITIONS.—In this section: 17 ‘‘(1) CONTAMINATED SITE.—The term ‘con- 18 taminated site’ means a site at which groundwater 19 has been contaminated by a covered perfluoroalkyl 20 substance. 21 ‘‘(2) COVERED PERFLUOROALKYL SUB- 22 STANCE.—The term ‘covered perfluoroalkyl sub- 23 stance’ means— 24 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3480 IS ‘‘(A) perfluorooctanoic acid (commonly re- 1 ferred to as ‘PFOA’) (Chemical Abstracts Serv- 2 ice No. 335–67–1); 3 ‘‘(B) the salts associated with the chemical 4 described in subparagraph (A) (Chemical Ab- 5 stracts Service Nos. 3825–26–1, 335–95–5, and 6 68141–02–6); 7 ‘‘(C) perfluorooctane sulfonic acid or 8 sulfonate (commonly referred to as ‘PFOS’) 9 (Chemical Abstracts Service No. 1763–23–1); 10 and 11 ‘‘(D) the salts associated with the chemical 12 described in subparagraph (C) (Chemical Ab- 13 stracts Service Nos. 2795–39–3, 29457–72–5, 14 56773–42–3, 29081–56–9, and 70225–14–8). 15 ‘‘(b) ESTABLISHMENT.—Subject to subsections (c) 16 and (d), the Administrator shall provide grants to States 17 to address contamination of groundwater by covered per- 18 fluoroalkyl substances at contaminated sites. 19 ‘‘(c) DISTRIBUTION.— 20 ‘‘(1) IN GENERAL.—The Administrator shall 21 ensure that funds made available to carry out this 22 section are distributed to each State— 23 ‘‘(A) for each of fiscal years 2021 and 24 2022, in such a manner that the total grant 25 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3480 IS amount received by a State under this section 1 is equivalent to the ratio that— 2 ‘‘(i) the amount of the capitalization 3 grant under title VI to the State in the 4 last fiscal year in which capitalization 5 grants were made; bears to 6 ‘‘(ii) the amount of capitalization 7 grants under title VI to all States in the 8 last fiscal year in which capitalization 9 grants were made; and 10 ‘‘(B) for each of fiscal years 2023 through 11 2029, in accordance with the regulations pro- 12 mulgated under paragraph (2). 13 ‘‘(2) RULEMAKING.—Not later than 2 years 14 after the date of enactment of this section, the Ad- 15 ministrator shall promulgate regulations for the dis- 16 tribution of amounts made available to carry out 17 this section among States in a manner that accounts 18 for the prevalence and remedial costs of addressing 19 contamination of groundwater by covered perfluoro- 20 alkyl substances. 21 ‘‘(d) CLEANUP STANDARDS.— 22 ‘‘(1) IN GENERAL.—Any detection, treatment, 23 and remediation of groundwater carried out using a 24 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3480 IS grant under this section shall be carried out in ac- 1 cordance with— 2 ‘‘(A) if the Administrator has not des- 3 ignated the applicable covered perfluoroalkyl 4 substance as a hazardous substance under the 5 Comprehensive Environmental Response, Com- 6 pensation, and Liability Act of 1980 (42 U.S.C. 7 9601 et seq.), the Draft Deliberative Document 8 prepared by the Administrator entitled ‘Draft 9 Interim Recommendations to Address Ground- 10 water Contaminated with Perfluorootanoic Acid 11 and Perfluorooctane Sulfonate’ and accepted 12 for interagency review by the Office of Manage- 13 ment and Budget on August 31, 2018; and 14 ‘‘(B) if the Administrator has designated 15 the applicable covered perfluoroalkyl substance 16 as a hazardous substance under the Com- 17 prehensive Environmental Response, Compensa- 18 tion, and Liability Act of 1980 (42 U.S.C. 9601 19 et seq.), the requirements of that Act. 20 ‘‘(2) TOTAL DESTRUCTION TECHNOLOGIES.—In 21 addressing the contamination described in subsection 22 (b) using amounts from a grant under this section, 23 States shall give preference to addressing that con- 24 VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3480 IS tamination using total destruction technologies that 1 create inert byproducts. 2 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 3 are authorized to be appropriated to carry out this sec- 4 tion— 5 ‘‘(1) for fiscal year 2020— 6 ‘‘(A) $1,000,000,000; and 7 ‘‘(B) any additional amount as may be 8 designated by Congress as being for an emer- 9 gency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985 (2 12 U.S.C. 901(b)(2)(A)(i)); and 13 ‘‘(2) for each of fiscal years 2021 through 14 2029, $1,000,000,000. 15 ‘‘(f) TERMINATION OF AUTHORITY.—The authority 16 provided by this section terminates on September 30, 17 2029.’’. 18 Æ VerDate Sep 11 2014 03:02 Mar 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S3480.IS S3480 kjohnson on DSK79L0C42PROD with BILLS