[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1188 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1188

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

   Mr. Nadler (for himself, Mr. Berman, Mr. Waxman, Ms. Norton, Mr. 
    Sanders, Mr. Dellums, Mr. Hinchey, Mr. Evans, and Mr. Pallone) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act to eliminate certain 
  discharges of chlorine compounds into the 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 ``Zero Chlorine Discharge Act''.

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

    (a) Findings.--Congress finds the following:
            (1) Substances that persist or bioaccumulate, or both, 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 or bioaccumulate, or 
        both, 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 or 
        bioaccumulate, or both, in the environment 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 use over time and to replace these substances or 
        the processes that produce them, or both, with safer 
        alternatives.
            (5) Among the persistent and 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 agent 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''.
            (7) In the Sixth Biennial Report on Great Lakes Water 
        Quality, the International Joint Commission on Great Lakes 
        Water Quality concluded as follows: ``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, and 
Metabolites.--Title III of the Federal Water Pollution Control Act (33 
U.S.C. 1311-1330) is amended by adding at the end the following:

``SEC. 321. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, AND 
              METABOLITES.

    ``(a) Zero Discharge.--
            ``(1) Requirement for pulp and paper manufacturing 
        facilities.--Effective 5 years after the date of the enactment 
        of this section, each pulp and paper manufacturing facility 
        shall achieve zero discharge into the navigable waters of 
        organochlorine compounds, byproducts, and metabolites 
        formulated as a result of the use of chlorine or any other 
        chlorinated oxidizing agent in the pulp and paper manufacturing 
        process.
            ``(2) Permits.--
                    ``(A) Compliance with zero discharge requirement.--
                Effective 5 years after the date of the enactment of 
                this section, any permit issued under section 402 by 
                the Administrator or a State (in the case of a State 
                with an approved permit program under section 402(b)) 
                to a pulp and paper manufacturing facility that uses 
chlorine or any other chlorinated oxidizing agent shall require 
compliance with the zero discharge requirement set forth in paragraph 
(1).
                    ``(B) Applicability.--Subparagraph (A) shall apply 
                to any permit issued on, before, or after the date of 
                the enactment of this section.
    ``(b) Safe Alternatives Assistance.--
            ``(1) Evaluation of alternatives; report.--Not later than 1 
        year after the date of the enactment of this section, the 
        Administrator shall--
                    ``(A) evaluate alternatives to the use of 
                organochlorines in the manufacturing of pulp and paper; 
                and
                    ``(B) 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.
            ``(2) Technical information and support.--Not later than 18 
        months after the date of the enactment of this section, the 
        Administrator 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.--
            ``(1) Study and report.--The Administrator shall--
                    ``(A) conduct a study on nonpoint sources and 
                industrial discharges of organochlorine compounds and 
                their byproducts and metabolites into the navigable 
                waters; and
                    ``(B) transmit to Congress a report containing the 
                results of the study not later than 18 months after the 
                date of the enactment of this section
            ``(2) Contents of report.--The report to be transmitted 
        under paragraph (1) shall contain, at a minimum, the following:
                    ``(A) A listing of all types or categories of 
                nonpoint sources and industrial discharges of 
                organochlorine compounds and their byproducts and 
                metabolites into the navigable waters.
                    ``(B) A listing of the annual quantities of each 
                organochlorine compound discharged into the navigable 
                waters nationally and by permitted facility, together 
                with a list of each permitted facility's location and 
                quantities of combined organochlorine compound 
                discharges into the navigable waters.
                    ``(C) Recommendations for achieving a zero 
                discharge policy for important categories of 
                organochlorine pollution sources.
            ``(3) Advisory panel.--
                    ``(A) Establishment.--The Administrator shall 
                convene an advisory panel to assist the Administrator 
                in developing recommendations under paragraph (3)(C).
                    ``(B) Membership.--The panel shall consist of 15 
                members, including--
                            ``(i) at least 1 independent expert in each 
                        of the fields of public health, occupational 
                        health, technology change, toxics use 
                        reduction, and ecology;
                            ``(ii) 2 affected citizens; and
                            ``(iii) technical and policy experts from 
                        industry, labor, and public interest groups and 
                        State environmental agencies.
                    ``(C) Public hearings and comments.--The advisory 
                panel shall conduct public hearings and solicit public 
                and expert comments in assisting the Administrator 
                under this paragraph.
    ``(d) Zero Discharge Defined.--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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