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HR 535 - PFAS Action Act - National Key Vote

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Title: PFAS Action Act

Vote Smart's Synopsis:

Vote to pass a bill that requires the Administrator of the Environmental Protection Agency (EPA) to designate per-and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

Highlights:

 

  • Requires the EPA Administrator to designate perfluorooctanoic acid, perfluorooctanesulfonic acid, and their respective salts as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, no later than 1 year after this bill’s date of enactment (Sec. 2). 

  • Requires the EPA Administrator to promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances, no later than 2 years after this bill’s date of enactment, and must at a minimum include standards for (Sec. 5):

    • Perfluorooctanoic acid (commonly referred to as “PFOA”); and 

    • Perfluorooctane sulfonic acid (commonly referred to as “PFOS”).

  • Requires the EPA Administrator to publish a health advisory for perfluoroalkyl and polyfluoroalkyl substances that are not subject to a national primary drinking water regulation (Sec. 5).

  • Requires the EPA Administrator to determine whether to designate all perfluoroalkyl and polyfluoroalkyl substances as hazardous substances individually or in groups, no later than 5 years after this bill’s date of enactment (Sec. 2). 

  • Requires the EPA Administrator to submit a report containing a review of actions taken by the EPA to clean up contamination of these hazardous substances to the appropriate congressional committees (Sec. 2).

  • Requires the above-mentioned reports to contain an assessment of the cleanup process and effectiveness, including the following (Sec. 2):

    • The number of sites where the EPA has acted to remediate contamination; 

    • Which types of chemicals were present at each site and the extent that each site was contaminated; and 

    • An analysis of discrepancies in cleanup between federal and non-federal contamination sites.

  • Requires the EPA Administrator to investigate methods and means to prevent the GenX contamination of surface waters, including source waters for drinking water purposes (Sec. 12). 

  • Requires the EPA Administrator to, by rule, require that comprehensive toxicity testing be conducted on all chemical substances that are perfluoroalkyl or polyfluoroalkyl substances (Sec. 3).

  • Specifies that in issuing a rule under the above requirement, the EPA Administrator (Sec. 3):

    • May establish categories of perfluoroalkyl and polyfluoroalkyl substances based on hazard characteristics or chemical properties;

    • Shall require the development of information relating to perfluoroalkyl and polyfluoroalkyl substances that the EPA Administrator determines is likely to be useful in evaluating the hazard and risk posed by such substances in the land, air, and water, as well as in products; and

    • May allow for varied or tiered testing requirements based on hazard characteristics or chemical properties of perfluoroalkyl and polyfluoroalkyl substances.

  • Requires the EPA Administrator to develop a risk-communication strategy to inform the public about the hazards or potential hazards of perfluoroalkyl and polyfluoroalkyl substances by (Sec. 15):

    • Disseminating information about the risks or potential risks posed by such substances or categories in the land, water, and products; 

    • Notifying the public about exposure pathways and mitigation measures through outreach and educational resources; and 

    • Consulting with states that have demonstrated effective risk-communication strategies for best practices in developing a national risk-communication strategy.

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