H.R. 2467 — what changed
PFAS Action Act of 2021
From Reported in House to Engrossed in House. 8 sections amended and 2 added between Reported in House and Engrossed in House.
Sec. 3 Testing of perfluoroalkyl and polyfluoroalkyl substances
Testing requirements— Section 4(a) of the Toxic Substances Control Act (15 U.S.C. 2603(a)) is amended by adding at the end the following:
“(5) Perfluoroalkyl and polyfluoroalkyl substances rule
“(A) Rule—Notwithstanding paragraphs (1) through (3), the Administrator shall, by rule, require that comprehensive toxicity testing be conducted on all chemical substances that are perfluoroalkyl or polyfluoroalkyl substances.
“(B) Requirements—In issuing a rule under subparagraph (A), the Administrator—
“(i) may establish categories of perfluoroalkyl and polyfluoroalkyl substances based on hazard characteristics or chemical properties;
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“(ii) shall require the development of information relating to perfluoroalkyl and polyfluoroalkyl substances that the Administrator determines is likely to be useful in evaluating the hazard and risk posed by such substances in land, air, and water (including drinking water), water and water used for agricultural purposes), as well as in products; and
“(iii) may allow for varied or tiered testing requirements based on hazard characteristics or chemical properties of perfluoroalkyl and polyfluoroalkyl substances or categories of perfluoroalkyl and polyfluoroalkyl substances.
“(C) Deadlines—The Administrator shall issue—
“(i) a proposed rule under subparagraph (A) not later than 6 months after the date of enactment of this paragraph; and
“(ii) a final rule under subparagraph (A) not later than 2 years after the date of enactment of this paragraph.”
Persons subject to rule— Section 4(b)(3) of the Toxic Substances Control Act (15 U.S.C. 2603(b)(3)) is amended—
in subparagraph (A), by striking “subparagraph (B) or (C)” and inserting “subparagraph (B), (C), or (D)”; and
by adding at the end the following:
“(D) A rule under subsection (a)(5) shall require the development of information by any person who manufactures or processes, or intends to manufacture or process, a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance.”
Perfluoroalkyl and polyfluoroalkyl substances— Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended by adding at the end the following:
“(i) Perfluoroalkyl and polyfluoroalkyl substances
“(1) Testing requirement rule
“(A) Protocols and methodologies—In determining the protocols and methodologies to be included pursuant to subsection (b)(1) in a rule under subsection (a)(5), the Administrator shall allow for protocols and methodologies that test chemical substances that are perfluoroalkyl and polyfluoroalkyl substances as a class.
“(B) Period—In determining the period to be included pursuant to subsection (b)(1) in a rule under subsection (a)(5), the Administrator shall ensure that the period is as short as possible while allowing for completion of the required testing.
“(2) Exemptions—In carrying out subsection (c) with respect to a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance, the Administrator—
“(A) may only determine under subsection (c)(2) that information would be duplicative if the chemical substance with respect to which the application for exemption is submitted is in the same category, as established under subsection (a)(5)(B)(i), as a chemical substance for which information has been submitted to the Administrator in accordance with a rule, order, or consent agreement under subsection (a) or for which information is being developed pursuant to such a rule, order, or consent agreement; and
“(B) shall publish a list of all such chemical substances for which an exemption under subsection (c) is granted.”
Sec. 4 Manufacturing and processing notices for perfluoroalkyl and polyfluoroalkyl substances
Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended—
in subsection (h), by adding at the end the following:
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“(7) This subsection does not apply to any chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance.”PFAS
added “(A) In general—Except as provided in subparagraph (B), this subsection does not apply to any chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance.
added “(B) Drugs and devices—Paragraph (3) applies to a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance which is manufactured or processed, or proposed to be manufactured or processed, solely for purposes of—
added “(i) scientific experimentation or analysis with respect to a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act) or personal protective equipment (as such term is defined in section 20005 of the CARES Act); or
added “(ii) chemical research on, or analysis of, such a chemical substance for the development of a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act) or personal protective equipment (as such term is defined in section 20005 of the CARES Act).”
by adding at the end the following:
“(j) Perfluoroalkyl and polyfluoroalkyl substances
“(1) Determination—For a period of 5 years beginning on the date of enactment of this subsection, any chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance for which a notice is submitted under subsection (a) shall be deemed to have been determined by the Administrator to present an unreasonable risk of injury to health or the environment under paragraph (3)(A) of such subsection.
“(2) Order—Notwithstanding subsection (a)(3)(A), for a chemical substance described in paragraph (1) of this subsection, the Administrator shall issue an order under subsection (f)(3) to prohibit the manufacture, processing, and distribution in commerce of such chemical substance.”
Sec. 7 Establishment of PFAS infrastructure grant program
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section:
“1459E. Assistance for community water systems affected by PFAS
“(a) Establishment—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies.
“(b) Applications
“(1) Guidance—Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section.
“(2) Required information—The Administrator shall require a community water system applying for a grant under this section to submit—
“(A) information showing the presence of PFAS in water of the community water system; and
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“(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove meet all detectable amounts of PFAS.applicable standards, and all applicable health advisories published pursuant to section 1412(b)(1)(F), for perfluoroalkyl and polyfluoroalkyl substances.
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“(c) List of eligible treatment technologies—Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator, after providing an opportunity for public comment, Administrator determines are the most effective at removing all detectable amounts of PFAS perfluoroalkyl and polyfluoroalkyl substances from drinking water.
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“(d) Priority for funding—In awarding grants under this section, the Administrator shall prioritize an affected community water systems system that—
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“(1) serve serves a disadvantaged community or a disproportionately exposed community;
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“(2) will provide at least a 10-percent cost share for the cost of implementing an eligible treatment technology; ortechnology;
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“(3) demonstrate demonstrates the capacity to maintain the eligible treatment technology to be implemented using the grant.grant; or
added “(4) is located within an area with respect to which the Administrator has published a determination under the first sentence of section 1424(e) relating to an aquifer that is the sole or principal drinking water source for the area.
“(e) No increased bonding authority—Amounts awarded to affected community water systems under this section may not be used as a source of payment of, or security for (directly or indirectly), in whole or in part, any obligation the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986.
“(f) Authorization of appropriations
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“(1) In general—There is authorized to be appropriated to carry out this section not more than—
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“(A) $125,000,000 “(1) In general—There is authorized to be appropriated to carry out this section not more than $500,000,000 for each of fiscal years 2022 and 2023; andthrough 2026.
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“(B) $100,000,000 for each of fiscal years 2024 through 2026.
“(2) Special rule—Of the amounts authorized to be appropriated by paragraph (1), $25,000,000 are authorized to be appropriated for each of fiscal years 2022 and 2023 for grants under subsection (a) to pay for capital costs associated with the implementation of eligible treatment technologies during the period beginning on October 1, 2014, and ending on the date of enactment of this section.
“(g) Definitions—In this section:
“(1) Affected community water system—The term affected community water system means a community water system that is affected by the presence of PFAS in the water in the community water system.
“(2) Disadvantaged community—The term disadvantaged community has the meaning given that term in section 1452.
“(3) Disproportionately exposed community—The term disproportionately exposed community means a community in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth.
“(4) Eligible treatment technology—The term eligible treatment technology means a treatment technology included on the list published under subsection (c).
“(5) PFAS—The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.”
Sec. 10 Label for PFAS-free products
Label for PFAS-Free products— Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall—
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revise the Safer Choice Standard of the Safer Choice Program to identify the requirements for a pot, pan, cooking utensil, carpet, or rug, clothing, or upholstered furniture, or a stain resistant, water resistant, or grease resistant coating not subject to requirements under section 409 of the Federal Food, Drug, and Cosmetic Act covered product to meet in order to be labeled with a Safer Choice label, including a requirement that any such pot, pan, cooking utensil, carpet, rug, clothing, or upholstered furniture, or stain resistant, water resistant, or grease resistant coating covered product does not contain any PFAS; or
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establish a voluntary label that is available to be used by any manufacturer of any pot, pan, cooking utensil, carpet, rug, clothing, or upholstered furniture, or stain resistant, water resistant, or grease resistant coating not subject to requirements under section 409 of the Federal Food, Drug, and Cosmetic Act covered product that the Administrator has reviewed and found does not contain any PFAS.
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Definition—Definitions— In this section, the term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.section:
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Covered product— The term “covered product” means—
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a pot,
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a pan;
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a cooking utensil;
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carpet;
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a rug;
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clothing;
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upholstered furniture;
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a stain resistant, water resistant, or grease resistant coating not subject to requirements under section 409 of the Federal Food, Drug, and Cosmetic Act;
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food packaging material;
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an umbrella;
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luggage; or
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a cleaning product.
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PFAS— The term “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
Sec. 14 Household well water testing website
In general— Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish a website containing information relating to the testing of household well water.
Contents— The Administrator shall include on the website established under subsection (a) the following:
Information on how to get groundwater that is the source for a household water well tested by a well inspector who is certified by a qualified third party.
A list of laboratories that analyze water samples and are certified by a State or the Administrator.
State-specific information, developed in coordination with each State, on naturally occurring and human-induced contaminants.
Information that, using accepted risk communication techniques, clearly communicates whether a test result value exceeds a level determined by the Administrator or the State to pose a health risk.
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Information on treatment options, including information relating to water treatment systems certified by to the relevant NSF/ANSI American National Science Foundation or Standard for drinking water treatment units by a third-party certification body accredited by the American ANSI National Standards Institute, and people who are qualified to install such systems.Accreditation Board.
A directory of whom to contact to report a test result value that exceeds a level determined by the Administrator or the State to pose a health risk.
Information on financial assistance that is available for homeowners to support water treatment, including grants under section 306E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926e) and State resources.
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Information about the health risks associated with consuming water contaminated with PFAS as well as recommendations for individuals who believe they may have consumed such PFAS-contaminated water.
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was (3)(10)
Any other information the Administrator considers appropriate.
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Access— The Administrator shall ensure information on the website established under subsection (a) is presented in a manner that provides meaningful access to such information for individuals with limited English proficiency.
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was (4)
Coordination— The Administrator shall coordinate with the Secretary of Health and Human Services, the Secretary of Agriculture, and appropriate State agencies in carrying out this section.
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was (5)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2022.
Sec. 15 Risk-communication strategy
The Administrator of the Environmental Protection Agency shall develop a risk-communication strategy to inform the public about the hazards or potential hazards of perfluoroalkyl and polyfluoroalkyl substances, or categories of perfluoroalkyl and polyfluoroalkyl substances, by—
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disseminating information about the risks or potential risks posed by such substances or categories in land, air, water (including drinking water), water and water used for agricultural purposes), 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.
Sec. 16 Assistance to Territories for addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances
Section 1452(t) of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended—
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph:
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“(2) Assistance to Territories—Of Territories—To the extent that sufficient applications are received, the Administrator shall use not less than 2 percent of the amounts made available under this subsection, the Administrator may use funds subsection to provide grants to the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam for the purpose of addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances.”
Sec. 17 Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS
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Review and regulation of substances and sources—Deadlines—
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Water quality criteria— Not later than 3 years after the date of enactment of this section, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314) for each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances.
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Review—
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In general— As soon as practicable, but not later than September 30, 2022, and biennially thereafter, the Administrator shall publish in the Federal Register a plan under subsection (m) of section 304 of the Federal Water Pollution Control Act (33 U.S.C. 1314) that contains the results of a review, conducted in accordance with such section, of the introduction or discharge of perfluoroalkyl and polyfluoroalkyl substances from classes and categories of point sources (other than publicly owned treatment works).
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Inclusions— The Administrator shall include in each plan published pursuant to subparagraph (A)—
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information on potential introduction or discharges of perfluoroalkyl and polyfluoroalkyl substances;
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any information gaps on such introduction or discharges and the process by which the Administrator will address such gaps;
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for each measurable perfluoroalkyl and polyfluoroalkyl substance that is not on the list of toxic pollutants described in section 307(a) of the Federal Water Pollution Control Act, a determination, in accordance with the requirements of such section, whether or not to add the substance to such list; and
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a determination, in accordance with the requirements of the Federal Water Pollution Control Act, whether or not to establish effluent limitations and pretreatment standards for the introduction or discharge of each substance described in clause (iii) that the Administrator determines under such clause not to add to such list and for which the Administrator has not developed such limitations or standards.
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Regulation—Effluent limitations guidelines and standards for priority industry categories— Based on As soon as practicable, but not later than 4 years after the results date of enactment of this section, the Administrator shall publish in the Federal Register a final rule establishing, for each review conducted under paragraph (1) priority industry category, effluent limitations guidelines and standards, in accordance with the requirements of the Federal Water Pollution Control Act, for the Administrator shall—discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances.
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in accordance with the plan published under paragraph (1), as soon as practicable—
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for each measurable perfluoroalkyl and polyfluoroalkyl substance that the Administrator determines under paragraph (1)(B)(iii) to add to the list of toxic pollutants described in section 307(a) of such Act, initiate the process for adding the substance to such list; and
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for each measurable perfluoroalkyl and polyfluoroalkyl substance that the Administrator determines under paragraph (1)(B)(iv) to establish effluent limitations and pretreatment standards, establish such effluent limitations and pretreatment standards (which limitations and standards may be established by substance or by class or category of substances); and
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not later than 2 years after the date on which each plan is published under paragraph (1), publish human health water quality criteria for measurable perfluoroalkyl and polyfluoroalkyl substances and classes and categories of perfluoroalkyl and polyfluoroalkyl substances for which the Administrator has not published such criteria.
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Deadlines for covered perfluoroalkyl substances—
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Water quality criteria— Not later than 2 years after the date of enactment of this section, the Administrator shall publish in the Federal Register human health water quality criteria for each covered perfluoroalkyl substance.
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Effluent limitations and pretreatment standards for priority industry categories— As soon as practicable, but not later than 4 years after the date of enactment of this section, the Administrator shall publish in the Federal Register a final rule establishing, for each priority industry category, effluent limitations and pretreatment standards for the introduction or discharge of each covered perfluoroalkyl substance.
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was (4)
Notification— The Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each publication made under this section.
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Implementation assistance for publicly owned treatment works—
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In general— The Administrator shall award grants to owners and operators of publicly owned treatment works, to be used to implement effluent limitations guidelines and standards developed by the Administrator for a perfluoroalkyl substance, polyfluoroalkyl substance, or class of such substances.
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Implementation assistance for publicly owned treatment works—
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In general— The Administrator shall award grants, in amounts not to exceed $100,000, to owners and operators of publicly owned treatment works, to be used for the implementation of a pretreatment standard developed by the Administrator for a perfluoroalkyl or polyfluoroalkyl substance.
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was (5)(3)
Authorization of appropriations— There is authorized to be appropriated to the Administrator to carry out this subsection $200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
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No increased bonding authority— Amounts awarded to an owner or operator of a publicly owned treatment works under this section may not be used as a source of payment of, or security for (directly or indirectly), in whole or in part, any obligation the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
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Covered perfluoroalkyl substance—Effluent limitation— The term covered perfluoroalkyl substance means perfluorooctanoic acid, perfluorooctane sulfonic acid, or a salt associated with perfluorooctanoic acid or perfluorooctane sulfonic acid.effluent limitation has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
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Effluent limitation—Measurable— The term effluent limitation means an effluent limitation measurable means, with respect to a chemical substance or class of chemical substances, capable of being measured using test procedures established under section 301(b) 304(h) of the Federal Water Pollution Control Act (33 U.S.C. 1311).1314).
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Introduction—Perfluoroalkyl substance— The term introduction perfluoroalkyl substance means the introduction a chemical of pollutants into treatment works, as described in section 307(b) which all of the Federal Water Pollution Control Act (33 U.S.C. 1317).carbon atoms are fully fluorinated carbon atoms.
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Measurable—Polyfluoroalkyl substance— The term measurable means, with respect to a chemical polyfluoroalkyl substance or class or category of means a chemical substances, capable of being measured using—containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.
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test procedures established under section 304(h) of the Federal Water Pollution Control Act (33 U.S.C. 1314);
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applicable protocols and methodologies required pursuant to section 4(a) of the Toxic Substances Control Act (15 U.S.C. 2603); or
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any other analytical method developed by the Administrator for detecting pollutants, as such term is defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
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Pretreatment standard— The term pretreatment standard means a pretreatment standard under section 307(b) of the Federal Water Pollution Control Act (33 U.S.C. 1317).
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was (6)(9)
Priority industry category— The term priority industry category means the following point source categories:
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Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations).
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Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations).
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Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations).
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Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations).
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Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations).
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Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations).
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Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations).
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Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations).
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Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations).
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Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations.
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Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations.
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Textile mills, as identified in part 410 of title 40, Code of Federal Regulations.
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was (6)(10)
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
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Water quality criteria— The term water quality criteria means criteria for water quality under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314).
Sec. 18 School drinking water testing and filtration grant program
addedadded Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et seq.) is amended by adding at the end the following:
added “1466. School PFAS testing and filtration grant program
added “(a) In general—Not later than 1 year after the date of enactment of this section, the Administrator shall establish a program to make grants to eligible entities for—
added “(1) testing for perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools that is conducted by an entity approved by the Administrator or the applicable State to conduct the testing;
added “(2) installation, maintenance, and repair of water filtration systems effective for reducing perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools that contains a level of any perfluoroalkyl or polyfluoroalkyl substance that exceeds—
added “(A) an applicable maximum contaminant level established by the Administrator under section 1412; or
added “(B) an applicable standard established by the applicable State that is more stringent than the level described in subparagraph (A); or
added “(3) safe disposal of spent water filtration equipment used to reduce perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools.
added “(b) Guidance; public availability—As a condition of receiving a grant under this section, an eligible entity shall—
added “(1) expend grant funds in accordance with any applicable State regulation or guidance regarding the reduction of perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools that is not less stringent than any applicable guidance issued by the Administrator;
added “(2) make publicly available, including, to the maximum extent practicable, on the website of the eligible entity, a copy of the results of any testing carried out with grant funds received under this section; and
added “(3) notify parent, teacher, and employee organizations of the availability of the results described in paragraph (2).
added “(c) Limitation—An eligible entity receiving a grant under this section may use not more than 5 percent of grant funds to pay the administrative costs of carrying out the activities for which the grant was made.
added “(d) Definition of eligible entity—In this section, the term “eligible entity” means—
added “(1) a local educational agency; or
added “(2) a State agency that administers a statewide program to test for, remediate, or filter perfluoroalkyl and polyfluoroalkyl substances in drinking water.
added “(e) Authorization of appropriation—There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.”
Sec. 19 Analytical reference standards for PFAS
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In general— Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall require each covered entity to submit to the Administrator an analytical reference standard for each perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom manufactured by the covered entity after the date that is 10 years prior to the date of enactment of this Act.
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Uses— The Administrator may—
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use an analytical reference standard submitted under this section only for—
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the development of information, protocols, and methodologies, which may be carried out by an entity determined appropriate by the Administrator; and
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activities relating to the implementation or enforcement of Federal requirements; and
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provide an analytical reference standard submitted under this section to a State, to be used only for—
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the development of information, protocols, and methodologies, which may be carried out by an entity determined appropriate by the State; and
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activities relating to the implementation or enforcement of State requirements.
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Prohibition— No person receiving an analytical reference standard submitted under this section may use or transfer the analytical reference standard for a commercial purpose.
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Definitions— In this section:
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Covered entity— The term “covered entity” means a manufacturer of a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
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Manufacture; State— The terms “manufacture” and “State” have the meanings given those terms in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602).