[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5774-S5775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2432. Mrs. GILLIBRAND (for herself, Mr. Markey, Ms. Warren, Mr.
Blumenthal, Mr. Durbin, Mr. Merkley, Mr. Padilla, Mr. Casey, and Mrs.
Feinstein) submitted an amendment intended to be proposed to
[[Page S5775]]
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 title II of division E, insert
the following:
SEC. 502__. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS AND WATER QUALITY CRITERIA FOR
PFAS.
(a) Definitions.--In this section:
(1) 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).
(2) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class of chemical
substances, 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)).
(3) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(4) 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.
(5) 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).
(6) 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).
(b) Deadlines.--
(1) Water quality criteria.--Not later than 3 years after
the date of enactment of this section, 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)) 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.
(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) 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.
(e) No Increased Bonding Authority.--Amounts awarded to an
owner or operator of a publicly owned treatment works under
this section may not be used as a source of payment of, or
security for (directly or indirectly), in whole or in part,
any obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of 1986.
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