Clean Water Standards for PFAS Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1907 To require the Administrator of the Environmental Protection Agency to develop effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act, to provide Federal grants to publicly owned treatment works to implement such guidelines and standards, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mrs. GILLIBRAND (for herself, Mr. SCHUMER, Ms. WARREN, Mr. MERKLEY, Mr. BLUMENTHAL, Mr. CASEY, Mr. MARKEY, Mr. DURBIN, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and re- ferred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protec- tion Agency to develop effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act, to provide Fed- eral grants to publicly owned treatment works to imple- ment such guidelines and standards, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1907 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Clean Water Standards 2 for PFAS Act of 2021’’. 3 SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDE- 4 LINES AND STANDARDS AND WATER QUALITY 5 CRITERIA FOR PFAS. 6 (a) DEADLINES.— 7 (1) WATER QUALITY CRITERIA.—Not later than 8 2 years after the date of enactment of this section, 9 the Administrator shall publish in the Federal Reg- 10 ister human health water quality criteria for each 11 measurable perfluoroalkyl substance, polyfluoroalkyl 12 substance, and class of such substances. 13 (2) EFFLUENT LIMITATIONS GUIDELINES AND 14 STANDARDS FOR PRIORITY INDUSTRY CAT- 15 EGORIES.—As soon as practicable, but not later 16 than 4 years after the date of enactment of this sec- 17 tion, the Administrator shall publish in the Federal 18 Register a final rule establishing, for each priority 19 industry category, effluent limitations guidelines and 20 standards, in accordance with the Federal Water 21 Pollution Control Act (33 U.S.C. 1251 et seq.), for 22 the discharge (including a discharge into a publicly 23 owned treatment works) of each measurable 24 perfluoroalkyl substance, polyfluoroalkyl substance, 25 and class of such substances. 26 VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1907 IS (b) NOTIFICATION.—The Administrator shall notify 1 the Committee on Transportation and Infrastructure of 2 the House of Representatives and the Committee on Envi- 3 ronment and Public Works of the Senate of each publica- 4 tion made under this section. 5 (c) IMPLEMENTATION ASSISTANCE FOR PUBLICLY 6 OWNED TREATMENT WORKS.— 7 (1) IN GENERAL.—The Administrator shall 8 award grants to owners and operators of publicly 9 owned treatment works, to be used to implement ef- 10 fluent limitations guidelines and standards developed 11 by the Administrator for a perfluoroalkyl substance, 12 polyfluoroalkyl substance, or class of such sub- 13 stances. 14 (2) AUTHORIZATION OF APPROPRIATIONS.— 15 There is authorized to be appropriated to the Ad- 16 ministrator to carry out this subsection 17 $200,000,000 for each of fiscal years 2022 through 18 2026, to remain available until expended. 19 (d) DEFINITIONS.—In this section: 20 (1) ADMINISTRATOR.—The term ‘‘Adminis- 21 trator’’ means the Administrator of the Environ- 22 mental Protection Agency. 23 (2) EFFLUENT LIMITATION.—The term ‘‘efflu- 24 ent limitation’’ has the meaning given that term in 25 VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1907 IS section 502 of the Federal Water Pollution Control 1 Act (33 U.S.C. 1362). 2 (3) MEASURABLE.—The term ‘‘measurable’’, 3 with respect to a chemical substance or class of 4 chemical substances, means capable of being meas- 5 ured using— 6 (A) a test procedure promulgated or ap- 7 proved in accordance with part 136 of title 40, 8 Code of Federal Regulations (or successor regu- 9 lations); or 10 (B) another analytical method for meas- 11 uring a perfluoroalkyl substance, polyfluoroalkyl 12 substance, or class of those substances, if the 13 analytical method is validated by the Adminis- 14 trator. 15 (4) PERFLUOROALKYL SUBSTANCE.—The term 16 ‘‘perfluoroalkyl substance’’ means a chemical of 17 which all of the carbon atoms are fully fluorinated 18 carbon atoms. 19 (5) POLYFLUOROALKYL SUBSTANCE.—The 20 term ‘‘polyfluoroalkyl substance’’ means a chemical 21 containing at least one fully fluorinated carbon atom 22 and at least one carbon atom that is not a fully 23 fluorinated carbon atom. 24 VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1907 IS (6) PRIORITY INDUSTRY CATEGORY.—The term 1 ‘‘priority industry category’’ means the following 2 point source categories: 3 (A) Organic chemicals, plastics, and syn- 4 thetic fibers, as identified in part 414 of title 5 40, Code of Federal Regulations (or successor 6 regulations). 7 (B) Pulp, paper, and paperboard, as iden- 8 tified in part 430 of title 40, Code of Federal 9 Regulations (or successor regulations). 10 (C) Textile mills, as identified in part 410 11 of title 40, Code of Federal Regulations (or suc- 12 cessor regulations). 13 (D) Electroplating, as identified in part 14 413 of title 40, Code of Federal Regulations (or 15 successor regulations). 16 (E) Metal finishing, as identified in part 17 433 of title 40, Code of Federal Regulations (or 18 successor regulations). 19 (F) Leather tanning and finishing, as iden- 20 tified in part 425 of title 40, Code of Federal 21 Regulations (or successor regulations). 22 (G) Paint formulating, as identified in part 23 446 of title 40, Code of Federal Regulations (or 24 successor regulations). 25 VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1907 IS (H) Electrical and electronic components, 1 as identified in part 469 of title 40, Code of 2 Federal Regulations (or successor regulations). 3 (I) Plastics molding and forming, as iden- 4 tified in part 463 of title 40, Code of Federal 5 Regulations (or successor regulations). 6 (7) TREATMENT WORKS.—The term ‘‘treatment 7 works’’ has the meaning given that term in section 8 212 of the Federal Water Pollution Control Act (33 9 U.S.C. 1292). 10 (8) WATER QUALITY CRITERIA.—The term 11 ‘‘water quality criteria’’ means the recommended cri- 12 teria for water quality developed by the Adminis- 13 trator under section 304(a)(1) of the Federal Water 14 Pollution Control Act (33 U.S.C. 1314(a)(1)). 15 Æ VerDate Sep 11 2014 22:13 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1907.IS S1907 pamtmann on DSKBC07HB2PROD with BILLS