Bill Summary
This legislation, known as the "Clean Water Standards for PFAS Act of 2019", requires the Environmental Protection Agency (EPA) to establish standards for perfluoroalkyl and polyfluoroalkyl substances (PFAS) under the Federal Water Pollution Control Act. These substances are commonly found in chemicals such as perfluorooctanoic acid and can have harmful effects on human health and the environment. The bill requires the EPA to review and regulate sources of PFAS and establish water quality criteria, effluent limitations, and pretreatment standards for these substances. It also sets deadlines for the EPA to publish these standards for both covered and other PFAS substances. The EPA is required to notify relevant congressional committees of its actions under this legislation.
Possible Impacts
1. The Clean Water Standards for PFAS Act of 2019 could affect people living near bodies of water that are contaminated with perfluoroalkyl and polyfluoroalkyl substances. These individuals may experience health problems due to exposure to these chemicals, and may be impacted by the regulations set forth in the bill to reduce discharges from point sources.
2. Companies and industries that use perfluoroalkyl and polyfluoroalkyl substances may be affected by this legislation, as they will be required to comply with effluent limitations and pretreatment standards. This could lead to changes in their manufacturing processes and potentially impact their bottom line.
3. The public could be affected by the delayed publication of water quality criteria for certain perfluoroalkyl and polyfluoroalkyl substances. Delayed or absent criteria may result in continued exposure to these chemicals in drinking water and other sources, potentially leading to health issues.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2980 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2980
To require the promulgation of certain standards for perfluoroalkyl and
polyfluoroalkyl substances under the Federal Water Pollution Control
Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2019
Mrs. Gillibrand (for herself, Mr. Durbin, Mr. Merkley, Mr. Blumenthal,
and Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To require the promulgation of certain standards for perfluoroalkyl and
polyfluoroalkyl substances under the Federal Water Pollution Control
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Standards for PFAS Act
of 2019''.
SEC. 2. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT 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) Covered perfluoroalkyl or polyfluoroalkyl substance or
class.--The term ``covered perfluoroalkyl or polyfluoroalkyl
substance or class'' means a measurable chemical substance, or
class of chemical substances, that is--
(A) perfluorooctanoic acid or perfluorooctane
sulfonic acid, a salt associated with perfluorooctanoic
acid or perfluorooctane sulfonic acid, or a substance
that degrades to perfluorooctanoic acid or
perfluorooctane sulfonic acid;
(B) a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances that is--
(i) identified in section 721.9582 or
721.10536 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act); and
(ii) listed as an active chemical substance
in the February 2019 update to the inventory
published under section 8(b)(1) of the Toxic
Substances Control Act (15 U.S.C. 2607(b)(1));
or
(C) a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances for which the Administrator has established
a draft toxicity value under the Integrated Risk
Information System program of the Environmental
Protection Agency.
(3) Effluent limitation.--The term ``effluent limitation''
means an effluent limitation established under section 301(b)
of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)).
(4) Measurable.--The term ``measurable'', with respect to a
chemical substance or class of chemical substances, means
capable of being measured using--
(A) test procedures established under section
304(h) of the Federal Water Pollution Control Act (33
U.S.C. 1314(h)); or
(B) any other analytical method developed by the
Administrator.
(5) Perfluoroalkyl or polyfluoroalkyl substance.--The term
``perfluoroalkyl or polyfluoroalkyl substance'' means a
perfluoroalkyl substance or a polyfluoroalkyl substance that
is--
(A) manmade; and
(B) has at least 1 fully fluorinated carbon atom.
(6) Pretreatment standard.--The term ``pretreatment
standard'' means a pretreatment standard promulgated under
section 307(b) of the Federal Water Pollution Control Act (33
U.S.C. 1317(b)).
(7) 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).
(8) 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).
(9) Water quality criteria.--The term ``water quality
criteria'' means criteria for water quality published under
section 304(a)(1) of the Federal Water Pollution Control Act
(33 U.S.C. 1314(a)(1)).
(b) Review and Regulation of Substances and Sources.--
(1) Review.--As soon as practicable, but not later than
June 1, 2021, the Administrator shall publish in the Federal
Register a description of the results of a review of the
classes and categories of point sources (other than publicly
owned treatment works) that discharge perfluoroalkyl and
polyfluoroalkyl substances.
(2) Regulation.--Based on the results of the review
conducted under paragraph (1) and in accordance with the
requirements of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Administrator shall--
(A) in accordance with the description published
under paragraph (1), establish effluent limitations and
pretreatment standards for the discharge of measurable
perfluoroalkyl and polyfluoroalkyl substances and
classes of perfluoroalkyl and polyfluoroalkyl
substances from classes and categories of point sources
(other than publicly owned treatment works); and
(B) not later than 1 year after the date on which
the description is published under paragraph (1),
publish water quality criteria for measurable
perfluoroalkyl and polyfluoroalkyl substances and
classes of perfluoroalkyl and polyfluoroalkyl
substances.
(c) Deadlines for Certain Substances.--
(1) Covered perfluoroalkyl and polyfluoroalkyl substances
and classes.--
(A) Water quality criteria.--Not later than 2 years
after the date of enactment of this section, the
Administrator shall publish in the Federal Register
water quality criteria for each covered perfluoroalkyl
and polyfluoroalkyl substance and class.
(B) Effluent limitations and pretreatment 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 and pretreatment standards for
each covered perfluoroalkyl and polyfluoroalkyl
substance and class.
(2) Other perfluoroalkyl and polyfluoroalkyl substances and
classes.--
(A) Water quality criteria.--Not later than 180
days after the date on which a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances (other than a covered
perfluoroalkyl or polyfluoroalkyl substance or class)
meets the criteria described in subparagraph (C), the
Administrator shall publish in the Federal Register--
(i) a determination, in accordance with the
requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), of
whether to publish water quality criteria for
the perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances; and
(ii) as applicable based on the
determination under clause (i), water quality
criteria.
(B) Effluent limitations and pretreatment
standards.--For each perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances (other than a covered perfluoroalkyl or
polyfluoroalkyl substance or class) that meets the
criteria described in subparagraph (C), after the date
on which the Administrator determines that the criteria
are met, the Administrator shall publish in the Federal
Register a schedule for publishing final rules
establishing--
(i) effluent limitations; and
(ii) pretreatment standards.
(C) Criteria described.--The criteria referred to
in subparagraphs (A) and (B), with respect to each
measurable perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances, are that the Administrator has--
(i) made, by rule, a determination under
paragraph (2) of section 5(a) of the Toxic
Substances Control Act (15 U.S.C. 2604(a)) that
a use of a chemical substance is a significant
new use (other than a determination described
in paragraph (3)(B) or (3)(C) of that section);
or
(ii) published a draft toxicity value under
the Integrated Risk Information System program
of the Environmental Protection Agency.
(d) 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.
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