[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2183. Mrs. GILLIBRAND (for herself, Ms. Warren, Mr. Padilla, Mr.
Durbin, and Mr. Markey) submitted an amendment intended to be proposed
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in division E, insert the
following:
SEC. 50__. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS AND WATER QUALITY CRITERIA FOR
PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than 2 years after
the date of enactment of this section, the Administrator
shall publish in the Federal Register human health water
quality criteria for each measurable perfluoroalkyl
substance, polyfluoroalkyl substance, and class of such
substances.
(2) Effluent limitations guidelines and 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 guidelines and
standards, in accordance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), for the discharge
(including a discharge into a publicly owned treatment works)
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of such substances.
(b) 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.
(c) Implementation Assistance for Publicly Owned Treatment
Works.--
(1) In general.--The Administrator shall award grants to
owners and operators of publicly owned treatment works, to be
used to implement effluent limitations guidelines and
standards developed by the Administrator for a perfluoroalkyl
substance, polyfluoroalkyl substance, or class of such
substances.
(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 2022 through
2026, to remain available until expended.
(d) 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 that 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--
(A) a test procedure promulgated or approved in accordance
with part 136 of title 40, Code of Federal Regulations (or
successor regulations); or
(B) another analytical method for measuring a
perfluoroalkyl substance, polyfluoroalkyl substance, or class
of those substances, if the analytical method is validated by
the Administrator.
(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 one fully
fluorinated carbon atom and at least one carbon atom that is
not a fully fluorinated carbon atom.
(6) 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).
(D) Electroplating, as identified in part 413 of title 40,
Code of Federal Regulations (or successor regulations).
(E) Metal finishing, as identified in part 433 of title 40,
Code of Federal Regulations (or successor regulations).
(F) Leather tanning and finishing, as identified in part
425 of title 40, Code of Federal Regulations (or successor
regulations).
(G) Paint formulating, as identified in part 446 of title
40, Code of Federal Regulations (or successor regulations).
(H) Electrical and electronic components, as identified in
part 469 of title 40, Code of Federal Regulations (or
successor regulations).
(I) Plastics molding and forming, as identified in part 463
of title 40, Code of Federal Regulations (or successor
regulations).
(7) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(8) Water quality criteria.--The term ``water quality
criteria'' means the recommended criteria for water quality
developed by the Administrator under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)).
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