II 

118TH CONGRESS 

2D SESSION S. 4173 

To establish effluent limitations guidelines and standards and water quality 

criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To establish effluent limitations guidelines and standards 

and water quality criteria for perfluoroalkyl and 

polyfluoroalkyl substances under the Federal Water Pollution Control Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Water Standards 

5 for PFAS Act of 2024’’. 


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1 SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDE2 LINES AND STANDARDS AND WATER QUALITY 

3 CRITERIA FOR PFAS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) EFFLUENT LIMITATION.—The term ‘‘efflu9 ent limitation’’ has the meaning given the term in 

10 section 502 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1362). 

12 (3) MEASURABLE.—The term ‘‘measurable’’, 

13 with respect to a perfluoroalkyl substance, a 

14 polyfluoroalkyl substance, or a class of those sub15 stances, means that the substance or class of sub16 stances is capable of being measured using any test 

17 method promulgated under part 136 of title 40, 

18 Code of Federal Regulations (or successor regula19 tions). 

20 (4) PERFLUOROALKYL SUBSTANCE.—The term 

21 ‘‘perfluoroalkyl substance’’ means a chemical of 

22 which all of the carbon atoms are fully fluorinated 

23 carbon atoms. 

24 (5) POLYFLUOROALKYL SUBSTANCE.—The 

25 term ‘‘polyfluoroalkyl substance’’ means a chemical 

26 containing at least 1 fully fluorinated carbon atom 


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1 and at least 1 carbon atom that is not a fully 

2 fluorinated carbon atom. 

3 (6) TREATMENT WORKS.—The term ‘‘treatment 

4 works’’ has the meaning given the term in section 

5 212 of the Federal Water Pollution Control Act (33 

6 U.S.C. 1292). 

7 (b) DEADLINES.— 

8 (1) WATER QUALITY CRITERIA.—Not later than 

9 3 years after the date of enactment of this Act, the 

10 Administrator shall publish in the Federal Register 

11 human health water quality criteria under section 

12 304(a)(1) of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1314(a)(1)) to address each measur14 able perfluoroalkyl substance, polyfluoroalkyl sub15 stance, and class of those substances. 

16 (2) EFFLUENT LIMITATIONS GUIDELINES AND

17 STANDARDS FOR PRIORITY INDUSTRY CAT18 EGORIES.—Not later than the following dates, the 

19 Administrator shall take final action on a rule estab20 lishing effluent limitations guidelines and standards, 

21 in accordance with the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.), for each of the 

23 following industry categories for the discharge (in24 cluding a discharge into a publicly owned treatment 

25 works) of each measurable perfluoroalkyl substance, 


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1 polyfluoroalkyl substance, or class of those sub2 stances: 

3 (A) DURING CALENDAR YEAR 2025.—Not 

4 later than June 30, 2025, for the following 

5 point source categories: 

6 (i) Organic chemicals, plastics, and 

7 synthetic fibers, as identified in part 414 

8 of title 40, Code of Federal Regulations (or 

9 successor regulations). 

10 (ii) Electroplating, as identified in 

11 part 413 of title 40, Code of Federal Regu12 lations (or successor regulations). 

13 (iii) Metal finishing, as identified in 

14 part 433 of title 40, Code of Federal Regu15 lations (or successor regulations). 

16 (B) DURING CALENDAR YEAR 2026.—Not 

17 later than June 30, 2026, for the following 

18 point source categories: 

19 (i) Textile mills, as identified in part 

20 410 of title 40, Code of Federal Regula21 tions (or successor regulations). 

22 (ii) Landfills, as identified in part 445 

23 of title 40, Code of Federal Regulations (or 

24 successor regulations). 


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1 (C) DURING CALENDAR YEAR 2027.—Not 

2 later than June 30, 2027, for the following 

3 point source categories: 

4 (i) Leather tanning and finishing, as 

5 identified in part 425 of title 40, Code of 

6 Federal Regulations (or successor regula7 tions). 

8 (ii) Paint formulating, as identified in 

9 part 446 of title 40, Code of Federal Regu10 lations (or successor regulations). 

11 (iii) Plastics molding and forming, as 

12 identified in part 463 of title 40, Code of 

13 Federal Regulations (or successor regula14 tions). 

15 (c) MONITORING.— 

16 (1) MONITORING REQUIREMENTS.— 

17 (A) IN GENERAL.—Effective beginning on 

18 the date of enactment of this Act, the Adminis19 trator shall require monitoring of the discharges 

20 (including discharges into a publicly owned 

21 treatment works) of each measurable 

22 perfluoroalkyl substance, polyfluoroalkyl sub23 stance, and class of those substances for the 

24 point source categories and entities described in 


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1 subparagraphs (A), (B), and (C) of subsection 

2 (b)(2). 

3 (B) CERTAIN MONITORING REQUIRED.— 

4 Effective beginning on the date of enactment of 

5 this Act, the Administrator shall require moni6 toring of the discharges (including discharges 

7 into a publicly owned treatment works) of each 

8 measurable perfluoroalkyl substance, 

9 polyfluoroalkyl substance, and class of those 

10 substances for the following point source cat11 egories and entities: 

12 (i) Pulp, paper, and paperboard, as 

13 identified in part 430 of title 40, Code of 

14 Federal Regulations (or successor regula15 tions). 

16 (ii) Airports (as defined in section 

17 47102 of title 49, United States Code). 

18 (iii) Electrical and electronic compo19 nents, as identified in part 469 of title 40, 

20 Code of Federal Regulations (or successor 

21 regulations). 

22 (2) DETERMINATION.— 

23 (A) IN GENERAL.—Not later than Decem24 ber 31, 2025, the Administrator shall make a 

25 determination— 


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1 (i) to commence developing effluent 

2 limitations guidelines and standards for 

3 the point source categories and entities 

4 listed in paragraph (1)(B); or 

5 (ii) to not commence developing efflu6 ent limitations guidelines and standards 

7 for those point source categories and enti8 ties, including an explanation of the rea9 soning for this determination. 

10 (B) REQUIREMENT.—Any effluent limita11 tions guidelines and standards for the point 

12 source categories and entities listed in para13 graph (1)(B) shall be published in the Federal 

14 Register by not later than December 31, 2027. 

15 (d) METHOD PROMULGATION.—Subject to the re16 quirements of subchapter II of chapter 5 of title 5, United 

17 States Code (commonly referred to as the ‘‘Administrative 

18 Procedure Act’’), not later than January 31, 2025, the 

19 Administrator shall promulgate Method 1633, as de20 scribed in the document of the Environmental Protection 

21 Agency entitled ‘‘Method 1633 Analysis of Per- and 

22 Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, 

23 Biosolids, and Tissue Samples by LC-MS/MS’’ and dated 

24 January 2024 (or a successor method), under part 136 


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1 of title 40, Code of Federal Regulations (or successor reg2 ulations). 

3 (e) NOTIFICATION.—The Administrator shall notify 

4 the Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on Envi6 ronment and Public Works of the Senate of each publica7 tion made under this section. 

8 (f) PRETREATMENT PROGRAM.— 

9 (1) IN GENERAL.—Subject to the availability of 

10 appropriations, the Administrator shall award grants 

11 to owners and operators of publicly owned treatment 

12 works— 

13 (A) to carry out pretreatment program ac14 tivities conducted in accordance with part 403 

15 of title 40, Code of Federal Regulations (or suc16 cessor regulations), that address contamination 

17 by perfluoroalkyl substances and polyfluoroalkyl 

18 substances; and 

19 (B) to further monitor, assess, or analyze 

20 local sources of perfluoroalkyl substances and 

21 polyfluoroalkyl substances that enter into the 

22 treatment works. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the Ad25 ministrator to carry out this subsection 


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1 $200,000,000 for each of fiscal years 2024 through 

2 2028, to remain available until expended. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Administrator to 

5 carry out this section (except subsection (f)) $12,000,000 

6 for each of fiscal years 2024 to 2028, to remain available 

7 until expended. 

Æ 


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