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Code · BILL · 119th Congress · S. 4153 (Introduced in Senate) — To phase out production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances, to prohibit releases of... · Sec. 201

Sec. 201. Centers of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions

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The purpose of this section is to dedicate resources to advancing, and expanding access to, perfluoroalkyl or polyfluoroalkyl substance detection and remediation science, research, and technologies through Centers of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions. In this section: The term appropriate committees of Congress means— the congressional defense committees (as defined in section 101(a) of title 10, United States Code); the Committee on Environment and Public Works, the Committee on Energy and Natural Resources, and the Committee on Veterans’ Affairs of the Senate; and the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Veterans’ Affairs of the House of Representatives.
The term Center means the Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions established under subsection (c)(1)(A). The term Centers means— the Center; and the Rural Center. The term eligible research university means an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) that— has annual research expenditures of not less than $750,000,000; and is located near a population center of not fewer than 5,000,000 individuals.
The term eligible rural university means an institution of higher education that— is located in a State described in section 1703(d)(1)(C)(iii)(I) of title 38, United States Code; and is a member of the National Security Innovation Network in the Rocky Mountain Region. The term EPA Method 533 means the method described in the document of the Environmental Protection Agency entitled Method 533: Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (or a successor document).
The term EPA Method 537.1 means the method described in the document of the Environmental Protection Agency entitled Determination of Selected Per- and Polyfluorinated Alkyl Substances in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS) (or a successor document). The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). The term Rural Center means the Rural Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions established under subsection (c)(1)(B).
The Administrator shall— select from among the applications submitted under paragraph (2)(A) an eligible research university and a National Laboratory applying jointly for the establishment of a center, to be known as the Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions , which shall be a bi-institutional collaboration between the eligible research university and National Laboratory co-applicants; and guide and assist the eligible research university and National Laboratory in the establishment of that center; and select from among the applications submitted under paragraph (2)(B) an eligible rural university for the establishment of an additional center, to be known as the Rural Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions ; and guide and assist the eligible rural university in the establishment of that center.
An eligible research university and National Laboratory desiring to establish the Center shall jointly submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. In evaluating applications submitted under clause (i), the Administrator shall only consider applications that— include evidence of an existing partnership between the co-applicants that is dedicated to supporting and expanding shared scientific goals with a clear pathway to collaborating on furthering science and research relating to perfluoroalkyl or polyfluoroalkyl substances; demonstrate a history of collaboration between the co-applicants on the advancement of shared research capabilities, including instrumentation and research infrastructure relating to perfluoroalkyl or polyfluoroalkyl substances; indicate that the co-applicants have the capacity to expand education and research opportunities for undergraduate and graduate students to prepare a generation of experts in sciences relating to perfluoroalkyl or polyfluoroalkyl substances; demonstrate that the National Laboratory co-applicant is equipped to scale up newly discovered materials and methods for perfluoroalkyl or polyfluoroalkyl substance detection and perfluoroalkyl or polyfluoroalkyl substance removal processes for low-risk, cost-effective, and validated commercialization; and identify 1 or more staff members of the eligible research university co-applicant and 1 or more staff members of the National Laboratory co-applicant who— have expertise in sciences relevant to perfluoroalkyl or polyfluoroalkyl substance detection and remediation; and have been jointly selected, and will be jointly appointed, by the co-applicants to lead, and carry out the purposes of, the Center.
An eligible rural university desiring to establish the Rural Center shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. Subject to subparagraph (B), the Centers shall be established not later than 1 year after the date of enactment of this Act. If the Administrator determines that a delay in the establishment of 1 or both of the Centers is necessary, the Administrator— not later than the date described in subparagraph (A), shall submit a notification to the appropriate committees of Congress explaining the necessity of the delay; and shall ensure that the 1 or more Centers for which a delay is necessary are established not later than 3 years after the date of enactment of this Act.
The Administrator shall carry out subparagraphs
(A)and
(B)of paragraph (1)— in coordination with the Secretary of Energy, as the Administrator determines to be appropriate; and in consultation with the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program of the Department of Defense. The Centers shall develop and maintain— capabilities for measuring, using methods certified by the Environmental Protection Agency, perfluoroalkyl or polyfluoroalkyl substance contamination in drinking water, ground water, and any other relevant environmental, municipal, industrial, or residential water samples or other environmental media; and capabilities for— evaluating emerging perfluoroalkyl or polyfluoroalkyl substance removal and destruction technologies and methods; and benchmarking those technologies and methods relative to existing technologies and methods. In carrying out paragraph (1), the Centers shall, at a minimum— develop instruments and personnel capable of analyzing perfluoroalkyl or polyfluoroalkyl substance contamination in water using EPA method 533, EPA method 537.1, any future method or updated method, or any other relevant method for detecting perfluoroalkyl or polyfluoroalkyl substances in water; develop and maintain capabilities for evaluating the removal of perfluoroalkyl or polyfluoroalkyl substances from water or other environmental media; develop and maintain capabilities to evaluate the degradation of perfluoroalkyl or polyfluoroalkyl substances in water or other environmental media; make the capabilities and instruments developed under clauses
(i)through
(iii)available to researchers throughout the regions in which the Centers are located; and make reliable perfluoroalkyl or polyfluoroalkyl substance measurement capabilities and instruments available to municipalities and individuals in the region in which the Centers are located at reasonable cost. The Centers shall provide open access to the research findings of the Centers. The Administrator may, as the Administrator determines to be necessary, use staff and other resources from other Federal agencies in carrying out this section. With respect to each of the Center and the Rural Center, not later than 1 year after the date on which the center is established under subsection (c), the Administrator, in coordination with that center, shall submit to the appropriate committees of Congress a report describing— the establishment of that center; and the activities of that center since the date on which that center was established. With respect to each of the Center and the Rural Center, not later than 1 year after the date on which the report under paragraph
(1)for that center is submitted, and annually thereafter until the date on which that center is terminated under subsection (g), the Administrator, in coordination with that center, shall submit to the appropriate committees of Congress a report describing— the activities of that center during the year covered by the report; and any policy, research, or funding recommendations relating to the purposes or activities of that center. Subject to paragraph (2), the Centers shall terminate on October 1, 2034. If the Administrator, in consultation with the Centers, determines that the continued operation of 1 or both of the Centers beyond the date described in paragraph
(1)is necessary to advance science and technologies to address perfluoroalkyl or polyfluoroalkyl substance contamination— the Administrator shall submit to the appropriate committees of Congress— a notification of that determination; and a description of the funding necessary for the applicable 1 or more Centers to continue in operation and fulfill their purpose; and subject to the availability of funds, may extend the duration of the applicable 1 or more Centers for such time as the Administrator determines to be appropriate. Of the amounts authorized to be appropriated to the Department of Defense for fiscal year 2027 for the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program of the Department of Defense, $25,000,000 shall be made available to the Administrator to carry out this section, to remain available until September 30, 2036. Not more than 4 percent of the amounts made available to the Administrator under paragraph
(1)shall be used by the Administrator for the administrative costs of carrying out this section.
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Sec. 201
Centers of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions
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