[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1400 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1400

    To amend the Clean Water Act to eliminate certain discharges of 
   chlorine compounds into navigable waters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 1995

Mr. Richardson (for himself, Mr. Nadler, Mr. Abercrombie, Mr. Ackerman, 
Mr. Berman, Mr. Bonior, Mr. Brown of California, Ms. Eshoo, Mr. Evans, 
Mr. Faleomavaega, Mr. Farr, Mr. Filner, Mr. Hinchey, Mr. Martinez, Mr. 
 McDermott, Ms. McKinney, Mr. Pallone, Ms. Pelosi, Mr. Romero-Barcelo, 
 Ms. Roybal-Allard, Mr. Sabo, Mrs. Schroeder, Mr. Serrano, Mr. Torres, 
   Mr. Velazquez, Mr. Vento, Mr. Waxman, Ms. Woolsey, and Mr. Yates) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend the Clean Water Act to eliminate certain discharges of 
   chlorine compounds into navigable waters, 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 ``Chlorine Zero Discharge Act of 
1995''.

SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIOACCUMULATIVE 
              SUBSTANCES.

    (a) Findings.--The Congress finds that--
            (1) substances that persist and/or bioaccumulate in the 
        environment, build to higher and higher concentration over 
        time, reaching their greatest levels in the tissues of species 
        high on the food chain, including humans;
            (2) toxic substances that persist and/or bioaccumulate in 
        the environment are biologically active in infinitesimal 
        quantities, causing reproductive failure, birth defects, 
        developmental impairment, hormonal disruption, behavioral 
        disorders, immune suppression, and cancer at low doses, and 
        mixtures of these substances may cause these effects at even 
        lower doses;
            (3) regulatory approaches that permit even limited 
        production and discharge of toxic substances that persist and/
        or bioaccumulate result in the accumulation of these substances 
        in the environment and food chain over time and subsequent 
        damage to the health of humans and other species;
            (4) the most favored method of preventing the continued 
        contamination of the environment from persistent or 
        bioaccumulative toxic substances is to phaseout their 
        production and/or use over time and replace these substances or 
        the processes that produce them, or both, with safer 
        alternatives;
            (5) among the persistent and/or bioaccumulative toxic 
        substances of greatest concern are organochlorines discharged 
        in the production of pulp and paper as a result of the use of 
        chlorine or any other chlorinated oxidizing agents in the pulp 
        and paper manufacturing process;
            (6) the Great Lakes Water Quality Agreement between the 
        United States and Canada concludes that ``the discharge of 
        toxic substances in toxic amounts be prohibited and the 
        discharge of any or all persistent toxic substances be 
        virtually eliminated''; and
            (7) in the Sixth Biennial Report on Great Lakes Water 
        Quality, the International Joint Commission on Great Lakes 
        Water Quality concluded that ``the concepts of virtual 
        elimination and zero discharge are consistent and a clear 
        statement or direction to take to achieve the Agreement's 
        purpose. The overall strategy or aim regarding persistent toxic 
        substances is virtual elimination, and the tactic or method to 
        be used to achieve the aim is through zero input or discharge 
        of those substances created as a result of human activity.
    (b) Zero Discharge of Organochlorine Compounds, Byproducts, or 
Metabolites.--Title III of the Federal Water Pollution Control Act is 
amended by redesignating section 519 as section 520 and by inserting 
the following after section 518:

``SEC. 519. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR 
              METABOLITES.

    ``(a) Zero Discharge.--(1) Effective 5 years after the enactment of 
this section, each pulp and paper manufacturing facility shall achieve 
zero discharge into water of organochlorine compounds, byproducts, or 
metabolites formulated as a result of the use of chlorine or any other 
chlorinated oxidizing agent in the pulp and paper manufacturing 
process.
    ``(2) Effective 5 years after enactment of this section, all 
existing and new permits under this Act for paper and pulp mills which 
use chlorine or any other chlorinated oxidizing agent shall require 
compliance with the zero discharge requirement set forth in paragraph 
(1).
    ``(b) Safe Alternatives Assistance.--Within one year after the 
enactment of this section, the Administrator shall evaluate 
alternatives to the use of organochlorines in the manufacturing of pulp 
and paper, and shall publish a report on the transfer of technology in 
the pulp and paper industry from organochlorine to chlorine-free 
technology as a model for pollution prevention. Within 18 months after 
the enactment of this section, the Agency shall begin providing 
technical information and support to assist permit applicants in the 
use of alternatives to organochlorine compounds in the production of 
pulp and paper.
    ``(c) Report to Congress on Organochlorine Zero Discharge 
Candidates.--Within 18 months after the enactment of this section, the 
Administrator shall complete a report to Congress on nonpoint sources 
and industrial discharges of organochlorine compounds and their 
byproducts and metabolites into water. The report shall include a 
listing of all types or categories of nonpoint sources and industrial 
organochlorine discharges into water and their byproducts and 
metabolites. The report shall also include a listing of the annual 
quantities of each organochlorine compound discharged into water 
nationally and by permitted facility, together with a list of each 
permitted facility's location and quantities of combined organochlorine 
compound discharges into water. The report shall contain 
recommendations for achieving a zero discharge policy for important 
categories of organochlorine pollution sources. In order to develop 
such recommendations, the Administrator shall convene an advisory 
panel. The advisory panel shall conduct public hearings and solicit 
public and expert comment. The panel shall consist of 15 members, 
including at least 1 independent expert in each of the fields of public 
health, occupational health, technology change, toxics use reduction, 
and ecology, 2 affected citizens, and technical and policy experts from 
industry, labor, public interest groups, and State environmental 
agencies.
    ``(d) Definition.--For the purposes of this section, the term `zero 
discharge' means absolutely no output or release, including nonpoint 
source output or release, into water. The term `zero discharge' does 
not mean a less than detectable output or release.''.
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