[Senate Report 116-211]
[From the U.S. Government Publishing Office]
Calendar No. 409
116th Congress } { Report
SENATE
2d Session } { 116-211
_______________________________________________________________________
PROTECTING FIREFIGHTERS FROM ADVERSE
SUBSTANCES ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2353
TO DIRECT THE ADMINISTRATOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY
TO DEVELOP GUIDANCE FOR FIREFIGHTERS AND OTHER EMERGENCY RESPONSE
PERSONNEL ON BEST PRACTICES TO PROTECT THEM FROM EXPOSURE TO PFAS AND
TO LIMIT AND PREVENT THE RELEASE OF PFAS INTO THE ENVIRONMENT, AND FOR
OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 3, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Barrett F. Percival, Professional Staff Member
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Yogin J. Kothari, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 409
116th Congress } { Report
SENATE
2d Session } { 116-211
======================================================================
PROTECTING FIREFIGHTERS FROM ADVERSE SUBSTANCES ACT OF 2019
_______
February 3, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2353]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2353), to direct
the Administrator of the Federal Emergency Management Agency to
develop guidance for firefighters and other emergency response
personnel on best practices to protect them from exposure to
PFAS and to limit and prevent the release of PFAS into the
environment, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6
I. PURPOSE AND SUMMARY
S. 2353, the Protecting Firefighters from Adverse
Substances Act of 2019, or the ``PFAS Act of 2019'', directs
the Federal Emergency Management Agency (FEMA), in consultation
with the United States Fire Administration (USFA),
Environmental Protection Agency (EPA), and the National
Institute for Occupational Safety and Health (NIOSH), to
develop and publish guidance for firefighters and other
emergency response personnel on training, education programs,
and best practices to protect them and their communities from
exposure to per- and polyfluoroalkyl substances, commonly
referred to as PFAS. Specifically, this guidance is to include
information on ways to reduce first responders' exposure to
PFAS from firefighting foam and personal protective equipment,
and limit, prevent, or eliminate the release of PFAS into the
environment.
The bill also requires the development and issuance of
guidance to identify safer alternative foams, personal
protective equipment, and other firefighting tools and gear. In
addition, the bill requires the creation of a regularly-updated
online repository that includes resources for firefighters and
emergency personnel on tools and best practices to help protect
themselves and their communities from the release of and
exposure to PFAS. FEMA is also required to consult with
firefighters, communities affected by PFAS contamination,
scientists, voluntary standards organizations, state fire
training academies, state fire marshals, manufacturers of
firefighter tools and equipment, and other relevant parties.
FEMA, in consultation with the aforementioned Federal agencies,
is required to review the guidance three years from the date of
the bill's enactment and not less frequently than once every
two years thereafter. The requirements set forth in this bill
are exempt from the Federal Advisory Committee Act.
II. BACKGROUND AND THE NEED FOR LEGISLATION
PFAS are a class of more than 4,700 highly-fluorinated man-
made chemicals that are widely used in everyday products, such
as waterproof clothing, stain resistant fabrics and carpets,
non-stick cookware, cosmetics, and firefighting foams.\1\ PFAS
have been in use since the 1950s and are commonly detected at
low levels in the environment, including in people and
wildlife, because of their extensive use.\2\ PFAS contamination
of ground and surface waters, including potential drinking
water, are found at higher concentrations near military bases
that have used firefighting foams, and around industrial sites
that have used the fluorinated chemicals in manufacturing and
in commercial products.\3\ Some studies indicate that high-
level exposure to specific PFAS may lead to adverse health
effects in humans, including increased risks of cancer; damage
to the immune system; decreased fertility; birth defects; liver
disease; and thyroid disease.\4\
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\1\Perfluoroalkyl and Polyfluoroalkyl Substances, Frequently Asked
Questions, Agency for Toxic Substances and Disease Registry, Centers
for Disease Control, https://www.atsdr.cdc.gov/pfas/index.html.
\2\Id.
\3\PFOA, PFOS, and Other PFASs, Basic Information on PFAS, United
States Environmental Protection Agency, https://www.epa.gov/pfas/basic-
information-pfas#exposed.
\4\Supra note 1.
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The associated adverse health effects of human exposure to
PFAS were first discovered as far back as 1950 when 3M, a major
manufacturer of products containing PFAS, demonstrated that
PFAS could pollute people's blood.\5\ In the 1980s, both 3M and
DuPont identified links between PFAS and cancer, including
finding elevated cancer rates among their own workers.\6\ In
2000, 3M announced a phase out of certain PFAS which was later
expanded due to further toxicity concerns. Following this
action and concerns from stakeholders, the EPA, Food and Drug
Administration, the Department of Agriculture, the National
Institute of Health, the Centers for Disease Control and
Prevention, the U.S. Department of Defense (DoD), as well as
local and state governments and national organizations have
worked to advance knowledge on potential exposure from food and
the associated health risks of PFAS.\7\
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\5\What are PFAS Chemicals?, Environmental Working Group, https://
www.ewg.org/pfaschemicals/what-are-forever-chemicals.html.
\6\Id.
\7\Per and Polyfluoroalkyl Substances (PFAS), U.S. Food and Drug
Administration, https://www.fda.gov/food/chemicals/and-polyfluoroalkyl-
substances-pfas.
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In 2009, EPA included PFAS for monitoring under the Safe
Drinking Water Act and issued a provisional health advisory for
two PFAS compounds.\8\ In 2014, EPA published a draft health
assessment aimed in part at identifying safe drinking water
levels, and in 2016, established a non-enforceable Lifetime
Health Advisory of 70 parts per trillion in drinking water.\9\
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\8\Ground Drinking Water, Drinking Water Health Advisories for PFOA
and PFOS, United States Environmental Protection Agency, https://
www.epa.gov/ground-water-and-drinking-water/drinking-water-health-
advisories-pfoa-and-pfos.
\9\Id.
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In 2010, Michigan became aware of PFAS contamination at the
decommissioned Wurtsmith Air Force Base in Oscoda,
Michigan.\10\ Similar contamination has been detected at many
other DoD installations, both active and decommissioned,
including Pease Air Force Base in New Hampshire.\11\ PFAS were
found in firefighting foams known as Aqueous Film Forming Foam
that have been used by the U.S. Air Force since the 1970s.\12\
As a result of the use of Aqueous Film Forming Foam, high-level
contamination of PFAS was discovered at the Pease Air Force
Base in April 2014. This contamination spread to neighboring
civilians and caused the city of Portsmouth, NH to close the
Haven well.\13\
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\10\Former Wurtsmith Air Force Base, Iosco County, Michigan PFAS
Action Response Team, Michigan Dept. of Environment, Great Lakes, and
Energy, available at https://www.michigan.gov/pfasresponse/0,9038,7-
365-86511_82704_83952---,00.html.
\11\Poly- and Per-fluoralkyl Substances, Pease Tradeport Water
System Investigation, New Hampshire Department of Health and Human
Services, https://www.dhhs.nh.gov/dphs/investigation-pease.htm.
\12\Perfluorinated-Compounds, Air Force Response to PFOS and PFOA,
Air Force Civil Engineer Center, https://www.afcec.af.mil/WhatWeDo/
Environment/Perfluorinated-Compounds/.
\13\Andrea Amico et al., The PFAS Contamination at Pease: A
Community Perspective (2017).
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In a November 2018 Subcommittee on Federal Spending
Oversight and Emergency Management hearing titled, The Local,
State, and Federal Response to the PFAS Crisis in Michigan,
Brian Lepore, Director, Defense Capabilities and Management,
U.S. Government Accountability Office, said that there are more
than 401 active or closed military bases with PFAS groundwater
contamination.\14\ To address PFAS contamination issues across
its military bases and installations, Mr. Lepore further stated
that DoD spent $200 million for PFAS cleanup efforts as of
December 2016, but added that it would take several more years
to determine full environmental remediation costs.\15\
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\14\Federal Role in the Toxic PFAS Chemical Crisis: Hearing Before
the S. Homeland Sec. & Governmental Affairs Comm., Subcomm. on Fed.
Spending and Emergency Mgmt. (115th Cong.) (2018).
\15\Id. (testimony of Brian J. Lepore, Director, Defense
Capabilities and Management, and J. Alfredo Gomez, Director, National
Resources and Environment, United States Government Accountability
Office).
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At the same hearing, Lieutenant Timothy Putnam, vice-
president of the Tidewater Federal Fire Fighters, explained
that firefighters and emergency response personnel face
disproportionately high levels of PFAS exposure because the
chemicals are key ingredients in firefighting foam and personal
protective equipment.\16\ Firefighters are routinely exposed to
PFAS during emergency responses and training activities.
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\16\Id. (testimony of Lieutenant Timothy Putnam, Vice-President,
Tidewater Federal Fire Fighters).
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This bill addresses a gap in Federal efforts and measures
to reduce, limit, and prevent the disproportionate level of
PFAS exposure to firefighters and emergency response personnel.
As noted above, most PFAS regulation has been focused on
environmental safety, and mainly related to drinking water.
This bill helps fill a critical information gap that currently
exists in addressing PFAS contamination by providing
firefighters and emergency response personnel with important
information on health impacts and the steps necessary to
protect themselves and their communities from PFAS exposure.
FEMA's partnership with relevant Federal experts to develop
consensus, guidance, and a repository of information on best
practices to reduce, limit, and prevent PFAS exposure and
contamination will help safeguard the health and safety of
firefighters and the communities that they serve. This
information will help firefighters and other emergency
responders reduce their exposures to PFAS and minimize or
eliminate its environmental release.
III. LEGISLATIVE HISTORY
Ranking Member Gary Peters (D-MI) introduced S. 2353, the
Protecting Firefighters from Adverse Substances Act of 2019, on
July 31, 2019, with Senators Gardner (R-CO), Hassan (D-NH) and
Sullivan (R-AK). The bill was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered S. 2353 at a business meeting on
November 6, 2019. The bill was approved by voice vote en bloc
with Senators Johnson, Enzi, Hawley, Paul, Portman, Lankford,
Romney, Scott, Peters, Carper, Hassan, Rosen and Sinema
present.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section establishes the short title of the bill as the
``Protecting Firefighters from Adverse Substances Act of
2019.''
Section 2. Guidance on how to prevent exposure to and release of PFAS
Subsection (a) directs FEMA, in consultation with the USFS,
EPA, NIOSH, and other relevant Federal agencies, to within 180
days of enactment, develop and publish guidance for
firefighters and other emergency response personnel on
training, education programs, and best practices, to reduce
exposure to and limit the release of PFAS into the environment,
as well as alternative tools and equipment that do not contain
PFAS. FEMA is also required to create a regularly updated
online public repository on methods for firefighters and other
emergency response personnel to reduce and prevent the release
of and exposure to PFAS.
Subsection (b) requires the FEMA Administrator to consult
with interested entities when developing the guidance required
under subsection (a), including firefighters and other
emergency response personnel, communities impacted by PFAS
contamination, and scientists who are studying PFAS or PFAS
alternatives.
Subsection (c) requires the FEMA Administrator to review
and issue updates to the guidance required under subsection (a)
no later than three years after the guidance is issued, and no
later than every two years thereafter.
Subsection (d) exempts the guidance development and
consultation provisions outlined in this bill from the
requirements established in the Federal Advisory Committee Act.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 23, 2020.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2353, the PFAS Act
of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
S. 2353 would direct the Federal Emergency Management
Agency (FEMA), to develop and publish guidance for firefighters
and other emergency responders for reducing exposure to
PFAS.\1\ The guidance would include information on best
practices, training, and education that FEMA would develop in
consultation with scientists, firefighters, manufacturers, and
staff at other federal agencies.
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\1\PFAS, perfluoroalkyl and polyfluoroalkyl substances, are
chemical compounds used in certain fire suppressants.
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For this estimate, CBO assumes that bill will be enacted in
fiscal year 2020. Under that assumption, the agency could incur
some costs in 2020, but CBO expects that most of the costs
would be incurred in 2021 and later. Any spending would be
subject to the availability of appropriated funds.
Using information provided by FEMA about the cost of
similar efforts, CBO estimates that the agency would initially
spend about $400,000 to create guidance and training materials
related to PFAS, and about $100,000 each year thereafter to
update those materials. The bill also would require FEMA to
create an online repository with tools and best practices
concerning PFAS, and to update its guidance and the repository
biannually. CBO estimates that the agency would initially need
about $250,000 to create the repository, and about $100,000
each year thereafter to update and maintain the system. To
oversee the implementation of the guidance and repository, CBO
expects that FEMA would need a program manager at an estimated
cost of $180,000 per year. In total, CBO estimates that
implementing the bill would cost about $2 million over the
2020-2024 period.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Because S. 2353 would not repeal or amend any provision of
current law, it would make no changes in existing law within
the meaning of clauses (a) and (b) of paragraph 12 of rule XXVI
of the Standing Rules of the Senate.
[all]