[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5539 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5539
To require the Administrator of the Environmental Protection Agency to
review and develop effluent standards, pretreatment standards, and
water quality criteria for PFAS under the Federal Water Pollution
Control Act, to provide Federal grants to publicly owned treatment
works to implement standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2020
Mr. Pappas (for himself, Mr. Delgado, Mr. Rouda, Mr. DeFazio, Mrs.
Napolitano, Mr. Fitzpatrick, Mr. Kildee, Mr. Lowenthal, Mr. Lynch, Mr.
Neal, Mr. Brendan F. Boyle of Pennsylvania, Ms. Slotkin, Mrs. Lawrence,
and Ms. Kuster of New Hampshire) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
review and develop effluent standards, pretreatment standards, and
water quality criteria for PFAS under the Federal Water Pollution
Control Act, to provide Federal grants to publicly owned treatment
works to implement standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Standards for PFAS Act
of 2020''.
SEC. 2. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT STANDARDS, AND
WATER QUALITY CRITERIA FOR PFAS.
(a) Review and Regulation of Substances and Sources.--
(1) Review.--
(A) In general.--As soon as practicable, but not
later than September 30, 2021, 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).
(B) Inclusions.--The Administrator shall include in
each plan published pursuant to subparagraph (A)--
(i) information on potential introduction
or discharges of perfluoroalkyl and
polyfluoroalkyl substances;
(ii) any information gaps on such
introduction or discharges and the process by
which the Administrator will address such gaps;
(iii) 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
(iv) 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.
(2) Regulation.--Based on the results of each review
conducted under paragraph (1) and in accordance with the
requirements of the Federal Water Pollution Control Act, the
Administrator shall--
(A) in accordance with the plan published under
paragraph (1), as soon as practicable--
(i) 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
(ii) 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
(B) not later than 1 year 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.
(b) Deadlines for Covered Perfluoroalkyl Substances.--
(1) 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.
(2) 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.
(c) 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.
(d) Implementation Assistance for Publicly Owned Treatment Works.--
(1) 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.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $100,000,000 for each of fiscal years 2021 through
2025, to remain available until expended.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered perfluoroalkyl substance.--The term ``covered
perfluoroalkyl substance'' means perfluorooctanoic acid,
perfluorooctane sulfonic acid, or a salt associated with
perfluorooctanoic acid or perfluorooctane sulfonic acid.
(3) Effluent limitation.--The term ``effluent limitation''
means an effluent limitation under section 301(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1311).
(4) Introduction.--The term ``introduction'' means the
introduction of pollutants into treatment works, as described
in section 307(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1317).
(5) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class or category of
chemical substances, capable of being measured using--
(A) test procedures established under section
304(h) of the Federal Water Pollution Control Act (33
U.S.C. 1314); or
(B) any other analytical method developed by the
Administrator.
(6) 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).
(7) Priority industry category.--The term ``priority
industry category'' means the following point source
categories:
(A) Organic chemicals, plastics, and synthetic
fibers, as identified in part 414 of title 40, Code of
Federal Regulations.
(B) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations.
(C) Textile mills, as identified in part 410 of
title 40, Code of Federal Regulations.
(8) 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).
(9) 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).
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