Collapse to view only § 8961. PFAS destruction and disposal guidance

§ 8961. PFAS destruction and disposal guidance
(a) In generalNot later than 1 year after December 20, 2019, the Administrator shall publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances and materials containing perfluoroalkyl and polyfluoroalkyl substances, including—
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles, other than consumer goods, treated with perfluoroalkyl and polyfluoroalkyl substances;
(4) spent filters, membranes, resins, granular carbon, and other waste from water treatment;
(5) landfill leachate containing perfluoroalkyl and polyfluoroalkyl substances; and
(6) solid, liquid, or gas waste streams containing perfluoroalkyl and polyfluoroalkyl substances from facilities manufacturing or using perfluoroalkyl and polyfluoroalkyl substances.
(b) Considerations; inclusionsThe interim guidance under subsection (a) shall—
(1) take into consideration—
(A) the potential for releases of perfluoroalkyl and polyfluoroalkyl substances during destruction or disposal, including through volatilization, air dispersion, or leachate; and
(B) potentially vulnerable populations living near likely destruction or disposal sites; and
(2) provide guidance on testing and monitoring air, effluent, and soil near potential destruction or disposal sites for releases described in paragraph (1)(A).
(c) Revisions
(Pub. L. 116–92, div. F, title LXXIII, § 7361, Dec. 20, 2019, 133 Stat. 2289.)
§ 8962. PFAS research and development
(a) In generalThe Administrator, acting through the Assistant Administrator for the Office of Research and Development, shall—
(1)
(A) further examine the effects of perfluoroalkyl and polyfluoroalkyl substances on human health and the environment; and
(B) make publicly available information relating to the findings under subparagraph (A);
(2) develop a process for prioritizing which perfluoroalkyl and polyfluoroalkyl substances, or classes of perfluoroalkyl and polyfluoroalkyl substances, should be subject to additional research efforts that is based on—
(A) the potential for human exposure to the substances or classes of substances;
(B) the potential toxicity of the substances or classes of substances; and
(C) information available about the substances or classes of substances;
(3) develop new tools to characterize and identify perfluoroalkyl and polyfluoroalkyl substances in the environment, including in drinking water, wastewater, surface water, groundwater, solids, and the air;
(4) evaluate approaches for the remediation of contamination by perfluoroalkyl and polyfluoroalkyl substances in the environment; and
(5) develop and implement new tools and materials to communicate with the public about perfluoroalkyl and polyfluoroalkyl substances.
(b) Funding
(Pub. L. 116–92, div. F, title LXXIII, § 7362, Dec. 20, 2019, 133 Stat. 2290.)
§ 8963. Interagency body on research related to per- and polyfluoroalkyl substances
(a) Establishment
(b) Agency participationThe interagency working group shall include a representative of each of—
(1) the Environmental Protection Agency;
(2) the National Institute of Environmental Health Sciences;
(3) the Agency for Toxic Substances and Disease Registry;
(4) the National Science Foundation;
(5) the Department of Defense;
(6) the National Institutes of Health;
(7) the National Institute of Standards and Technology;
(8) the National Oceanic and Atmospheric Administration;
(9) the Department of the Interior;
(10) the Department of Transportation;
(11) the Department of Homeland Security;
(12) the National Aeronautics and Space Administration;
(13) the National Toxicology Program;
(14) the Department of Agriculture;
(15) the Geological Survey;
(16) the Department of Commerce;
(17) the Department of Energy;
(18) the Office of Information and Regulatory Affairs;
(19) the Office of Management and Budget; and
(20) any such other Federal department or agency as the Director of the Office of Science and Technology Policy considers appropriate.
(c) Co-chairs
(d) Responsibilities of the working groupThe interagency working group established under subsection (a) shall—
(1) provide for interagency coordination of federally funded PFAS research and development; and
(2) not later than 12 months after January 1, 2021, develop and make publicly available a strategic plan for Federal support for PFAS research and development (to be updated not less frequently than once every three years) that—
(A) identifies all current federally funded PFAS research and development, including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;
(B) identifies all federally funded PFAS research and development having taken place in the last three years, excluding the research listed under subparagraph (A), including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;
(C) identifies scientific and technological challenges that must be addressed to understand and to significantly reduce the environmental and human health impacts of PFAS and to identify cost-effective—
(i) alternatives to PFAS that are designed to be safer and more environmentally friendly;
(ii) methods for removal of PFAS from the environment; and
(iii) methods to safely destroy or degrade PFAS;
(D) establishes goals, priorities, and metrics for federally funded PFAS research and development that takes into account the current state of research and development identified in subparagraph (A) and the challenges identified in subparagraph (C); and
(E) an implementation plan for Federal agencies and, for each update to the strategic plan under this paragraph, a description of how Federal agencies have been following the implementation plan.
(e) Consultation
(f) Sunset
(g) DefinitionsIn this section:
(1) PFASThe term “PFAS” means—
(A) man-made chemicals of which all of the carbon atoms are fully fluorinated carbon atoms; and
(B) man-made chemicals containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
(2) PFAS research and development definedThe term “PFAS research and development” includes any research or project that has the goal of accomplishing the following:
(A) The removal of PFAS from the environment.
(B) The safe destruction or degradation of PFAS.
(C) The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS.
(D) The understanding of sources of environmental PFAS contamination and pathways to exposure for the public.
(E) The understanding of the toxicity of PFAS to humans and animals.
(Pub. L. 116–283, div. A, title III, § 332, Jan. 1, 2021, 134 Stat. 3529.)