[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2980 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2980

To require the promulgation of certain standards for perfluoroalkyl and 
 polyfluoroalkyl substances under the Federal Water Pollution Control 
                      Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2019

Mrs. Gillibrand (for herself, Mr. Durbin, Mr. Merkley, Mr. Blumenthal, 
and Mr. Markey) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the promulgation of certain standards 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 2019''.

SEC. 2. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT 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) Covered perfluoroalkyl or polyfluoroalkyl substance or 
        class.--The term ``covered perfluoroalkyl or polyfluoroalkyl 
        substance or class'' means a measurable chemical substance, or 
        class of chemical substances, that is--
                    (A) perfluorooctanoic acid or perfluorooctane 
                sulfonic acid, a salt associated with perfluorooctanoic 
                acid or perfluorooctane sulfonic acid, or a substance 
                that degrades to perfluorooctanoic acid or 
                perfluorooctane sulfonic acid;
                    (B) a perfluoroalkyl or polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is--
                            (i) identified in section 721.9582 or 
                        721.10536 of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act); and
                            (ii) listed as an active chemical substance 
                        in the February 2019 update to the inventory 
                        published under section 8(b)(1) of the Toxic 
                        Substances Control Act (15 U.S.C. 2607(b)(1)); 
                        or
                    (C) a perfluoroalkyl or polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances for which the Administrator has established 
                a draft toxicity value under the Integrated Risk 
                Information System program of the Environmental 
                Protection Agency.
            (3) Effluent limitation.--The term ``effluent limitation'' 
        means an effluent limitation established under section 301(b) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)).
            (4) Measurable.--The term ``measurable'', with respect to a 
        chemical substance or class of chemical substances, means 
        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(h)); or
                    (B) any other analytical method developed by the 
                Administrator.
            (5) Perfluoroalkyl or polyfluoroalkyl substance.--The term 
        ``perfluoroalkyl or polyfluoroalkyl substance'' means a 
        perfluoroalkyl substance or a polyfluoroalkyl substance that 
        is--
                    (A) manmade; and
                    (B) has at least 1 fully fluorinated carbon atom.
            (6) Pretreatment standard.--The term ``pretreatment 
        standard'' means a pretreatment standard promulgated under 
        section 307(b) of the Federal Water Pollution Control Act (33 
        U.S.C. 1317(b)).
            (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 (or successor regulations).
                    (B) Pulp, paper, and paperboard, as identified in 
                part 430 of title 40, Code of Federal Regulations (or 
                successor regulations).
                    (C) Textile mills, as identified in part 410 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).
            (8) 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).
            (9) Water quality criteria.--The term ``water quality 
        criteria'' means criteria for water quality published under 
        section 304(a)(1) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1314(a)(1)).
    (b) Review and Regulation of Substances and Sources.--
            (1) Review.--As soon as practicable, but not later than 
        June 1, 2021, the Administrator shall publish in the Federal 
        Register a description of the results of a review of the 
        classes and categories of point sources (other than publicly 
        owned treatment works) that discharge perfluoroalkyl and 
        polyfluoroalkyl substances.
            (2) Regulation.--Based on the results of the review 
        conducted under paragraph (1) and in accordance with the 
        requirements of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the Administrator shall--
                    (A) in accordance with the description published 
                under paragraph (1), establish effluent limitations and 
                pretreatment standards for the discharge of measurable 
                perfluoroalkyl and polyfluoroalkyl substances and 
                classes of perfluoroalkyl and polyfluoroalkyl 
                substances from classes and categories of point sources 
                (other than publicly owned treatment works); and
                    (B) not later than 1 year after the date on which 
                the description is published under paragraph (1), 
                publish water quality criteria for measurable 
                perfluoroalkyl and polyfluoroalkyl substances and 
                classes of perfluoroalkyl and polyfluoroalkyl 
                substances.
    (c) Deadlines for Certain Substances.--
            (1) Covered perfluoroalkyl and polyfluoroalkyl substances 
        and classes.--
                    (A) Water quality criteria.--Not later than 2 years 
                after the date of enactment of this section, the 
                Administrator shall publish in the Federal Register 
                water quality criteria for each covered perfluoroalkyl 
                and polyfluoroalkyl substance and class.
                    (B) 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 
                each covered perfluoroalkyl and polyfluoroalkyl 
                substance and class.
            (2) Other perfluoroalkyl and polyfluoroalkyl substances and 
        classes.--
                    (A) Water quality criteria.--Not later than 180 
                days after the date on which a perfluoroalkyl or 
                polyfluoroalkyl substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances (other than a covered 
                perfluoroalkyl or polyfluoroalkyl substance or class) 
                meets the criteria described in subparagraph (C), the 
                Administrator shall publish in the Federal Register--
                            (i) a determination, in accordance with the 
                        requirements of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.), of 
                        whether to publish water quality criteria for 
                        the perfluoroalkyl or polyfluoroalkyl substance 
                        or class of perfluoroalkyl or polyfluoroalkyl 
                        substances; and
                            (ii) as applicable based on the 
                        determination under clause (i), water quality 
                        criteria.
                    (B) Effluent limitations and pretreatment 
                standards.--For each perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances (other than a covered perfluoroalkyl or 
                polyfluoroalkyl substance or class) that meets the 
                criteria described in subparagraph (C), after the date 
                on which the Administrator determines that the criteria 
                are met, the Administrator shall publish in the Federal 
                Register a schedule for publishing final rules 
                establishing--
                            (i) effluent limitations; and
                            (ii) pretreatment standards.
                    (C) Criteria described.--The criteria referred to 
                in subparagraphs (A) and (B), with respect to each 
                measurable perfluoroalkyl or polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances, are that the Administrator has--
                            (i) made, by rule, a determination under 
                        paragraph (2) of section 5(a) of the Toxic 
                        Substances Control Act (15 U.S.C. 2604(a)) that 
                        a use of a chemical substance is a significant 
                        new use (other than a determination described 
                        in paragraph (3)(B) or (3)(C) of that section); 
                        or
                            (ii) published a draft toxicity value under 
                        the Integrated Risk Information System program 
                        of the Environmental Protection Agency.
    (d) 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.
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