PFAS Accountability Act of 2019
This bill addresses the remediation of water or land that is contaminated from certain perfluoroalkyl or polyfluoroalkyl substances (PFAS) originating from federal facilities or sites, including the Department of Defense's sites or facilities. PFAS are man-made and may have adverse human health effects. A variety of products contain PFAS, such as nonstick cookware or weatherproof clothing.
Upon state request, federal departments or agencies must expedite cooperative agreements with states to address the contamination—or suspected contamination—of drinking water, surface water, groundwater, land surface, or subsurface strata (e.g., rock or soil). The cooperative agreements must meet or exceed the most stringent of the standards enumerated in the bill.
If cooperative agreements are not finalized a year after requests are made by states, then the President must provide to Congress reports that include (1) explanations of why cooperative agreements have not been finalized or amended, and (2) projected timelines for finalizing the agreements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2626 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2626
To encourage Federal agencies to expeditiously enter into or amend
cooperative agreements with States for removal and remedial actions to
address PFAS contamination in drinking, surface, and ground water and
land surface and subsurface strata, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2019
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 Committees on
Transportation and Infrastructure, and Natural Resources, 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 expeditiously enter into or amend
cooperative agreements with States for removal and remedial actions to
address PFAS contamination in drinking, surface, and ground water and
land surface and subsurface strata, 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 Accountability Act of 2019''.
SEC. 2. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND REMEDIAL
ACTIONS TO ADDRESS DRINKING, SURFACE, AND GROUND WATER
AND SOIL CONTAMINATION FROM PFAS.
(a) Definitions.--In this section:
(1) Federal facility.--
(A) In general.--The term ``Federal facility''
means a facility (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)) that is owned
or operated by the Federal Government.
(B) Inclusion.--The term ``Federal facility''
includes--
(i) a facility or site--
(I) owned by, leased to, or
otherwise possessed by the United
States; or
(II) under the jurisdiction of the
Secretary of Defense;
(ii) a facility or site that, at the time
of the actions leading to contamination or
suspected contamination of drinking water,
surface water, or groundwater or land surface
or subsurface strata from a perfluorinated
compound, was--
(I) owned by, leased to, or
otherwise possessed by the United
States; or
(II) under the jurisdiction of the
Secretary of Defense; and
(iii) land owned and operated by a State
when the land is used for training the National
Guard pursuant to chapter 5 of title 32, United
States Code, with funds provided by the
Secretary of Defense or the Secretary of a
military department, even though that land is
not under the jurisdiction of the Secretary of
Defense.
(2) 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.
(3) Perfluorinated compound.--The term ``perfluorinated
compound'' means a perfluoroalkyl substance or a
polyfluoroalkyl substance (or ``PFAS'') that is manmade with at
least 1 fully fluorinated carbon atom.
(4) State.--The term ``State'' has the meaning given the
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 work
expeditiously to finalize a cooperative agreement for, or to
amend an existing cooperative agreement to address, testing,
monitoring, removal, and remedial actions to address
contamination or suspected contamination of drinking water,
surface water, or groundwater or land surface or subsurface
strata from a perfluorinated compound originating from a
Federal facility.
(2) Minimum standards.--A cooperative agreement finalized
or amended under paragraph (1) shall require the area subject
to the cooperative agreement to meet or exceed the most
stringent of the following standards for perfluorinated
compounds in any environmental media:
(A) An enforceable State standard, in effect in
that State, for drinking water, surface water, or
groundwater or land surface or subsurface strata, as
required under section 121(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9621(d)).
(B) A health advisory under 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) Other authority.--In addition to the requirements for a
cooperative agreement under paragraph (1), when otherwise
authorized to expend funds for the purpose of addressing ground
or surface water contaminated by a perfluorinated compound, the
head of a Federal department or agency may, to expend those
funds, enter into a grant agreement, cooperative agreement, or
contract with--
(A) the local water authority with jurisdiction
over the contamination site, including--
(i) a public water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)); and
(ii) a publicly owned treatment works (as
defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)); or
(B) a State, local, or Tribal government.
(c) Notification Requirement.--
(1) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Oversight and Reform of the
House of Representatives.
(2) Report.--
(A) In general.--If a cooperative agreement is not
finalized or amended under subsection (b) by the date
that is 1 year after the date on which a request by the
Governor or chief executive of a State was made, the
President shall submit a report described in
subparagraph (B) to--
(i) the appropriate congressional
committees;
(ii) each Senator from the State affected
by the perfluorinated compound contamination;
and
(iii) each member of Congress that
represents a district affected by the
perfluorinated compound contamination.
(B) Report described.--The report referred to in
subparagraph (A) shall include--
(i) a detailed explanation of why a
cooperative agreement has not been finalized or
amended, as applicable; and
(ii) a projected timeline for finalizing or
amending a cooperative agreement, as
applicable.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Natural Resources, 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 Committees on Transportation and Infrastructure, and Natural Resources, 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 Committees on Transportation and Infrastructure, and Natural Resources, 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 Subcommittee on Environment and Climate Change.
Referred to the Subcommittee on Water Resources and Environment.
Subcommittee Hearings Held.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .