Should the EPA Designate PFAS as Hazardous Substances & Monitor Their Presence in Water Systems? (H.R. 535)

What is H.R. 535?

(Updated July 19, 2021)

This bill — the PFAS Action Act of 2019 — would require the Environmental Protection Agency (EPA) to designate all perfluoroalkyl and polyfluoroalkyl substances (PFAS) as hazardous substances within one year of this legislation’s enactment. It would require comprehensive testing of hazards posed by PFAS exposure in land, air, and water (including drinking water), as well as in products within six months of enactment. A final rule would be issued within two years of enactment. PFAS have been used in industrial and consumer products since the 1950s in uses such as non-stick cookware, water-repellent clothing, stain resistant fabrics & carpets, cosmetics, firefighting foams, and products that resist grease, water, and oil.

A monitoring program for PFAS contaminants would be established by the EPA for all public water systems serving more than 10,000 persons. Funding would be made available through appropriations for public water systems serving between 3,300 and 10,000 persons to monitor PFAS, which would be required. Additionally, subject to the availability of funds, a representative sample of public water systems serving fewer than 3,300 persons would be required to monitor for PFAS. A revolving grant fund would be available to small and disadvantaged communities, including public water systems with fewer than 25,000 people, while there would be cooperative agreements established for states & water systems dealing with PFAS contamination.

The EPA would be prohibited from imposing financial penalties for the violation of the drinking water regulation in the first five years after the regulation is finalized. Within one year of this bill’s enactment, the EPA would publish an interim guidance on the destruction & disposal of PFAS, while the waste incineration of PFAS would be prohibited.

Additionally, the EPA would establish a labeling standard to identify pots, pans, or cooking utensils that don’t contain PFAS under the Safer Choice Program.

Argument in favor

This bill would address the threat posed by PFAS contamination in the air, soil, and water by establishing standards for their safe disposal. It would also require community water systems to monitor for the presence of PFAS, and establish grants for states & water systems to address the presence of PFAS.

Argument opposed

While the federal government needs to help states that are disproportionately affected by PFAS contamination, more scientific research needs to be done to understand how the more than 5,000 chemicals classified as PFAS work before this bill’s aggressive mandates are imposed. More moderate steps should be taken in the interim.

Impact

Consumers & the public’s health; companies that use PFAS in their products; community water systems & states; and the EPA.

Cost of H.R. 535

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Energy & Commerce Committee Chairman Frank Pallone (D-NJ) offered the following statement after this bill to address PFAS contamination & exposure passed his committee:

“PFAS are persistent, toxic chemicals that last forever and spread through our water, air and soil. Today, the Energy and Commerce Committee took action to address the public health threat and growing problems associated with PFAS. This comprehensive, bipartisan legislation now includes 11 additional bills to protect Americans from PFAS and clean up waste sites. I commend all the Members who worked on this package of bills for their leadership. This legislation is critical to stopping the flow of these harmful chemicals into our environment, drinking water, cooking products, and more. I look forward to the full House voting on this bill soon.”

House Republicans opposed this bill in committee, arguing that its mandates are too aggressive in light of an incomplete scientific understanding of PFAS and that more moderate steps should be taken while research continues:

“We recognize the increased community anxiety that occurs due to the discovery of perfluoroalkyl and polyfluoroalkyl substance (PFAS) contamination, and we understand that some states may face disproportionate burdens without more federal action. Unfortunately, H.R. 535 as amended mandates multiple, aggressive actions based on a woefully incomplete scientific understanding of the health effects of this diverse class of up to 5,000 chemicals. More modest steps are warranted in the interim to address demonstrated health risks and additional review to cover those areas that need more attention.” 

This legislation passed the House Energy & Commerce Committee on a 31-19 vote along mostly party-lines and has the support of 66 cosponsors, including 62 Democrats and four Republicans.

Media:

• House Energy & Commerce Committee Press Release

• House Energy & Commerce Committee Report