PFAS Federal Facility Accountability Act of 2018
This bill requires the federal government, on the request of a state, to cooperate with the state to address drinking water, surface water, ground water, sediment, or soil contaminated from a perfluorinated compound released from a federal facility or a former federal facility. A perfluorinated compound means a perfluoroalkyl substance, or a polyfluoroalkyl substance, that is man made and contains at least one fully fluorinated carbon atom.
Within a year, the Environmental Protection Agency must determine whether to designate perfluorinated compounds as hazardous substances.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6835 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6835
To encourage Federal agencies to enter into or amend cooperative
agreements with States for removal and remedial actions to address PFAS
contamination in drinking water, surface water, ground water, sediment,
and soil, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2018
Mr. Upton (for himself, Mrs. Dingell, Mr. Walberg, and Mr. Kildee)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage Federal agencies to enter into or amend cooperative
agreements with States for removal and remedial actions to address PFAS
contamination in drinking water, surface water, ground water, sediment,
and soil, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PFAS Federal Facility Accountability
Act of 2018''.
SEC. 2. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND REMEDIAL
ACTIONS TO ADDRESS CONTAMINATION FROM PFAS.
(a) Definitions.--In this Act:
(1) Facility.--The term ``facility'' has the meaning given
such term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(2) Federal facility.--The term ``Federal facility'' means
a facility that is owned or operated by the Federal Government.
(3) Former federal facility.--The term ``former Federal
facility'' means a facility that has been, but is no longer,
owned or operated by the Federal Government.
(4) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all the
hydrogen substituents have been replaced by fluorine.
(5) Perfluorinated compound.--The term ``perfluorinated
compound'' means a perfluoroalkyl substance, or a
polyfluoroalkyl substance, that--
(A) is manmade; and
(B) contains at least 1 fully fluorinated carbon
atom.
(6) State.--The term ``State'' has the meaning given such
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(b) Cooperative Agreement.--
(1) In general.--On request by the Governor or chief
executive of a State, a Federal department or agency shall
enter into a cooperative agreement, or amend an existing
cooperative agreement, with such State pursuant to which the
Federal department or agency will conduct testing, monitoring,
removal, and remedial actions to address contamination or
suspected contamination of drinking water, surface water,
ground water, sediment, or soil from a perfluorinated compound
released at--
(A) a Federal facility; or
(B) a former Federal facility during the period in
which the former Federal facility was owned or operated
by the Federal Government.
(2) Minimum standards.--A cooperative agreement entered
into or amended under paragraph (1) shall require that the
drinking water, surface water, ground water, sediment, or soil
with respect to which the cooperative agreement applies meet or
exceed each of the following with respect to perfluorinated
compounds, if applicable and appropriate:
(A) A State standard, requirement, criteria, or
limitation, in effect in the State, for drinking water,
surface water, ground water, sediment, or soil,
identified pursuant to section 121(d)(2)(A)(ii) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
(B) A health advisory level published pursuant to
section 1412(b)(1)(F) of the Safe Drinking Water Act
(42 U.S.C. 300g-1(b)(1)(F)).
(C) Any Federal standard, requirement, criterion,
or limit, including a standard, requirement, criterion,
or limit issued under--
(i) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(iv) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(v) the Marine Protection, Research, and
Sanctuaries Act of 1972 (commonly known as the
``Ocean Dumping Act'') (33 U.S.C. 1401 et
seq.); or
(vi) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(3) Reimbursement.--
(A) In general.--In carrying out a cooperative
agreement entered into or amended under paragraph (1),
the Federal department or agency may enter into an
agreement that provides for reimbursement to the State
for services of the State to assist the Federal
department or agency in carrying out the cooperative
agreement.
(B) Limitation.--An agreement with a State under
subparagraph (A) may not provide for reimbursement to
the State for enforcement activities.
(c) Report Requirement.--
(1) In general.--If a Federal department or agency fails to
enter into, or amend, a cooperative agreement pursuant to a
request by a Governor or chief executive of a State under
subsection (b) by the date is 1 year after the date of such
request, the President shall submit a report described in
paragraph (2) to--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) each Senator from a State affected by the
perfluorinated compound contamination at issue; and
(D) each member of the House of Representatives
that represents a district affected by the
perfluorinated compound contamination at issue.
(2) Report described.--The report referred to in paragraph
(1) shall include--
(A) a detailed explanation of why a cooperative
agreement has not been entered into or amended, as
applicable; and
(B) a projected timeline for entering into or
amending a cooperative agreement, as applicable.
SEC. 3. DETERMINATION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall make a
determination whether to designate perfluorinated compounds, for which
the risks are well characterized, as hazardous substances under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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