[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8076 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8076
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 HOUSE OF REPRESENTATIVES
April 18, 2024
Mr. Pappas (for himself, Mr. Fitzpatrick, Mr. Kildee, and Mr. Posey)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
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 Act
of 2024''.
SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS
AND WATER QUALITY CRITERIA FOR PFAS.
(a) 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
perfluoroalkyl substance, a polyfluoroalkyl substance, or a
class of those substances, means that the substance or class of
substances is capable of being measured using any test method
promulgated under part 136 of title 40, Code of Federal
Regulations (or successor regulations).
(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).
(b) Deadlines.--
(1) Water quality criteria.--Not later than 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 take final action on a 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 2025.--Not later than June
30, 2025, 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 2026.--Not later than June
30, 2026, 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) Landfills, as identified in part 445
of title 40, Code of Federal Regulations (or
successor regulations).
(C) During calendar year 2027.--Not later than June
30, 2027, 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).
(c) Monitoring.--
(1) Monitoring requirements.--
(A) 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 subparagraphs (A),
(B), and (C) of subsection (b)(2).
(B) Certain monitoring required.--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 following point source
categories and entities:
(i) Pulp, paper, and paperboard, as
identified in part 430 of title 40, Code of
Federal Regulations (or successor regulations).
(ii) Airports (as defined in section 47102
of title 49, United States Code).
(iii) Electrical and electronic components,
as identified in part 469 of title 40, Code of
Federal Regulations (or successor regulations).
(2) Determination.--
(A) In general.--Not later than December 31, 2025,
the Administrator shall make a determination--
(i) to commence developing effluent
limitations guidelines and standards for the
point source categories and entities listed in
paragraph (1)(B); or
(ii) to not commence developing effluent
limitations guidelines and standards for those
point source categories and entities, including
an explanation of the reasoning for this
determination.
(B) Requirement.--Any effluent limitations
guidelines and standards for the point source
categories and entities listed in paragraph (1)(B)
shall be published in the Federal Register by not later
than December 31, 2027.
(d) Method Promulgation.--Subject to the requirements of subchapter
II of chapter 5 of title 5, United States Code (commonly referred to as
the ``Administrative Procedure Act''), not later than January 31, 2025,
the Administrator shall promulgate Method 1633, as described in the
document of the Environmental Protection Agency entitled ``Method 1633
Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous,
Solid, Biosolids, and Tissue Samples by LC-MS/MS'' and dated January
2024 (or a successor method), under part 136 of title 40, Code of
Federal Regulations (or successor regulations).
(e) 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.
(f) Pretreatment Program.--
(1) In general.--Subject to the availability of
appropriations, the Administrator shall award grants to owners
and operators of publicly owned treatment works--
(A) to carry out pretreatment program activities
conducted in accordance with part 403 of title 40, Code
of Federal Regulations (or successor regulations), that
address contamination by perfluoroalkyl substances and
polyfluoroalkyl substances; and
(B) to further monitor, assess, or analyze local
sources of perfluoroalkyl substances and
polyfluoroalkyl substances that enter into the
treatment works.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $200,000,000 for each of fiscal years 2024 through
2028, to remain available until expended.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section (except
subsection (f)) $12,000,000 for each of fiscal years 2024 to 2028, to
remain available until expended.
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