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

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.