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PFAS Strictest Standard Act

H.R. 5263 · 118th Congress · Aug 22, 2023 · Lineage

A BILL

To direct the Secretary of Defense to ensure that removal and remedial actions relating to PFAS contamination result in levels meeting or exceeding certain standards, and for other purposes.

Section 1 Short title

This Act may be cited as the “PFAS Strictest Standard Act”.

Sec. 2 Standards for response actions with respect to PFAS contamination

(a)
In general— In conducting a response action to address perfluoroalkyl or polyfluoroalkyl substance contamination from Department of Defense or National Guard activities, the Secretary of Defense shall conduct such actions to achieve a level of such substances in the environmental media that meets or exceeds the most stringent of the following standards for each applicable perfluoroalkyl or polyfluoroalkyl substance in any environmental media:
(1)
A State standard, in effect in the State in which the response action is being conducted, as described in 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)).
(2)
A Federal standard, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(3)
A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).
(b)
Definitions— In this section:
(1)
Perfluoroalkyl or polyfluoroalkyl substance— The term perfluoroalkyl or poly­fluo­ro­al­kyl substance means any man-made chemical with at least one fully fluorinated carbon atom.
(2)
Response action— The term response action means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(c)
Savings clause— Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).