Clean Water Standards for PFAS Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3622 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 HOUSE OF REPRESENTATIVES MAY 28, 2021 Mr. PAPPAS (for himself, Mr. DELGADO, Mr. FITZPATRICK, Mr. KILDEE, Mr. POSEY, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. DEFAZIO, Mrs. NAPOLITANO, Mrs. LAWRENCE, Mr. LOWENTHAL, Mr. LYNCH, Mr. NEAL, Ms. KUSTER, Ms. LEE of California, Ms. BROWNLEY, Mr. NAD- LER, Ms. TLAIB, Ms. DEAN, Mr. WELCH, Ms. NORTON, Mr. JOHNSON of Georgia, Ms. DEGETTE, Ms. ROSS, Mrs. DINGELL, Mr. POCAN, Ms. WILLIAMS of Georgia, Ms. SHERRILL, Ms. SEWELL, Mr. SCOTT of Vir- ginia, Ms. SLOTKIN, and Mr. COHEN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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. VerDate Sep 11 2014 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3622 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clean Water Standards 4 for PFAS Act of 2021’’. 5 SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDE- 6 LINES AND STANDARDS AND WATER QUALITY 7 CRITERIA FOR PFAS. 8 (a) DEADLINES.— 9 (1) WATER QUALITY CRITERIA.—Not later than 10 2 years after the date of enactment of this section, 11 the Administrator shall publish in the Federal Reg- 12 ister human health water quality criteria under sec- 13 tion 304(a)(1) of the Federal Water Pollution Con- 14 trol Act (33 U.S.C. 1314) for each measurable 15 perfluoroalkyl substance, polyfluoroalkyl substance, 16 and class of such substances. 17 (2) EFFLUENT LIMITATIONS GUIDELINES AND 18 STANDARDS FOR PRIORITY INDUSTRY CAT- 19 EGORIES.—As soon as practicable, but not later 20 than 4 years after the date of enactment of this sec- 21 tion, the Administrator shall publish in the Federal 22 Register a final rule establishing, for each priority 23 industry category, effluent limitations guidelines and 24 standards, in accordance with the Federal Water 25 VerDate Sep 11 2014 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3622 IH Pollution Control Act, for the discharge (including a 1 discharge into a publicly owned treatment works) of 2 each measurable perfluoroalkyl substance, 3 polyfluoroalkyl substance, and class of such sub- 4 stances. 5 (b) NOTIFICATION.—The Administrator shall notify 6 the Committee on Transportation and Infrastructure of 7 the House of Representatives and the Committee on Envi- 8 ronment and Public Works of the Senate of each publica- 9 tion made under this section. 10 (c) IMPLEMENTATION ASSISTANCE FOR PUBLICLY 11 OWNED TREATMENT WORKS.— 12 (1) IN GENERAL.—The Administrator shall 13 award grants to owners and operators of publicly 14 owned treatment works, to be used to implement ef- 15 fluent limitations guidelines and standards developed 16 by the Administrator for a perfluoroalkyl substance, 17 polyfluoroalkyl substance, or class of such sub- 18 stances. 19 (2) AUTHORIZATION OF APPROPRIATIONS.— 20 There is authorized to be appropriated to the Ad- 21 ministrator to carry out this subsection 22 $200,000,000 for each of fiscal years 2022 through 23 2026, to remain available until expended. 24 (d) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3622 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Environ- 2 mental Protection Agency. 3 (2) EFFLUENT LIMITATION.—The term ‘‘efflu- 4 ent limitation’’ has the meaning given that term in 5 section 502 of the Federal Water Pollution Control 6 Act (33 U.S.C. 1362). 7 (3) MEASURABLE.—The term ‘‘measurable’’ 8 means, with respect to a chemical substance or class 9 of chemical substances, capable of being measured 10 using— 11 (A) test procedures established under sec- 12 tion 304(h) of the Federal Water Pollution 13 Control Act (33 U.S.C. 1314); or 14 (B) any other analytical method developed 15 by the Administrator. 16 (4) PERFLUOROALKYL SUBSTANCE.—The term 17 ‘‘perfluoroalkyl substance’’ means a chemical of 18 which all of the carbon atoms are fully fluorinated 19 carbon atoms. 20 (5) POLYFLUOROALKYL SUBSTANCE.—The 21 term ‘‘polyfluoroalkyl substance’’ means a chemical 22 containing at least one fully fluorinated carbon atom 23 and at least one carbon atom that is not a fully 24 fluorinated carbon atom. 25 VerDate Sep 11 2014 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3622 IH (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 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3622 IH (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 Æ VerDate Sep 11 2014 05:40 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3622.IH H3622 kjohnson on DSK79L0C42PROD with BILLS