[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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