[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4173 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4173

 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

                             April 18, 2024

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 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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