[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4161 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4161
To establish effluent limitations guidelines and standards and water
quality criteria for perfluoroalkyl and polyfluoroalkyl substances
under the Federal Water Pollution Control Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2022
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish effluent limitations guidelines and standards and water
quality criteria for perfluoroalkyl and polyfluoroalkyl substances
under the Federal Water Pollution Control Act, 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 2.0
Act of 2022''.
SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS
AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than the date that
is 3 years after the date of enactment of this Act, the
Administrator shall publish in the Federal Register human
health water quality criteria under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to
address each measurable perfluoroalkyl substance,
polyfluoroalkyl substance, and class of those substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--Not later than the following
dates, the Administrator shall publish in the Federal Register
a final rule establishing effluent limitations guidelines and
standards, in accordance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), for each of the following
industry categories for the discharge (including a discharge
into a publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, or class
of those substances:
(A) During calendar year 2024.--Not later than June
30, 2024, for the following point source categories:
(i) Organic chemicals, plastics, and
synthetic fibers, as identified in part 414 of
title 40, Code of Federal Regulations (or
successor regulations).
(ii) Electroplating, as identified in part
413 of title 40, Code of Federal Regulations
(or successor regulations).
(iii) Metal finishing, as identified in
part 433 of title 40, Code of Federal
Regulations (or successor regulations).
(B) During calendar year 2025.--Not later than June
30, 2025, for the following point source categories:
(i) Textile mills, as identified in part
410 of title 40, Code of Federal Regulations
(or successor regulations).
(ii) Electrical and electronic components,
as identified in part 469 of title 40, Code of
Federal Regulations (or successor regulations).
(iii) Landfills, as identified in part 445
of title 40, Code of Federal Regulations (or
successor regulations).
(C) During calendar year 2026.--Not later than
December 31, 2026, for the following point source
categories:
(i) Leather tanning and finishing, as
identified in part 425 of title 40, Code of
Federal Regulations (or successor regulations).
(ii) Paint formulating, as identified in
part 446 of title 40, Code of Federal
Regulations (or successor regulations).
(iii) Plastics molding and forming, as
identified in part 463 of title 40, Code of
Federal Regulations (or successor regulations).
(b) Additional Monitoring Requirements.--
(1) In general.--Effective beginning on the date of
enactment of this Act, the Administrator shall require
monitoring of the discharges (including discharges into a
publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and class
of those substances for the point source categories and
entities described in paragraph (2). The monitoring
requirements under this paragraph shall be included in any
permits issued under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) after the date of enactment of
this Act.
(2) Categories described.--The point source categories and
entities referred to in paragraphs (1) and (3) are each of the
following:
(A) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations (or
successor regulations).
(B) Airports (as defined in section 47102 of title
49, United States Code).
(3) Determination.--
(A) In general.--Not later than December 31, 2023,
the Administrator shall make a determination--
(i) to commence developing effluent
limitations and standards for the point source
categories and entities listed in paragraph
(2); or
(ii) that effluent limitations and
standards are not feasible for those point
source categories and entities, including an
explanation of the reasoning for this
determination.
(B) Requirement.--Any effluent limitations and
standards for the point source categories and entities
listed in paragraph (2) shall be published in the
Federal Register by not later than December 31, 2027.
(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) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $12,000,000
for fiscal year 2023, to remain available until expended.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Effluent limitation.--The term ``effluent limitation''
has the meaning given the term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(3) Measurable.--The term ``measurable'', with respect to a
chemical substance or class of chemical substances, means
capable of being measured using test procedures established
under section 304(h) of the Federal Water Pollution Control Act
(33 U.S.C. 1314(h)).
(4) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a chemical containing at least 1 fully
fluorinated carbon atom and at least 1 carbon atom that is not
a fully fluorinated carbon atom.
(6) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
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