II 

117TH CONGRESS 

2D SESSION S. 4161 

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 

MAY 9, 2022 

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 2.0 Act of 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4161 IS

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

3 CRITERIA FOR PFAS. 

4 (a) DEADLINES.— 

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

6 the date that is 3 years after the date of enactment 

7 of this Act, the Administrator shall publish in the 

8 Federal Register human health water quality criteria 

9 under section 304(a)(1) of the Federal Water Pollu10 tion Control Act (33 U.S.C. 1314(a)(1)) to address 

11 each measurable perfluoroalkyl substance, 

12 polyfluoroalkyl substance, and class of those sub13 stances. 

14 (2) EFFLUENT LIMITATIONS GUIDELINES AND

15 STANDARDS FOR PRIORITY INDUSTRY CAT16 EGORIES.—Not later than the following dates, the 

17 Administrator shall publish in the Federal Register 

18 a final rule establishing effluent limitations guide19 lines and standards, in accordance with the Federal 

20 Water Pollution Control Act (33 U.S.C. 1251 et 

21 seq.), for each of the following industry categories 

22 for the discharge (including a discharge into a pub23 licly owned treatment works) of each measurable 

24 perfluoroalkyl substance, polyfluoroalkyl substance, 

25 or class of those substances: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4161 IS

1 (A) DURING CALENDAR YEAR 2024.—Not 

2 later than June 30, 2024, for the following 

3 point source categories: 

4 (i) Organic chemicals, plastics, and 

5 synthetic fibers, as identified in part 414 

6 of title 40, Code of Federal Regulations (or 

7 successor regulations). 

8 (ii) Electroplating, as identified in 

9 part 413 of title 40, Code of Federal Regu10 lations (or successor regulations). 

11 (iii) Metal finishing, as identified in 

12 part 433 of title 40, Code of Federal Regu13 lations (or successor regulations). 

14 (B) DURING CALENDAR YEAR 2025.—Not 

15 later than June 30, 2025, for the following 

16 point source categories: 

17 (i) Textile mills, as identified in part 

18 410 of title 40, Code of Federal Regula19 tions (or successor regulations). 

20 (ii) Electrical and electronic compo21 nents, as identified in part 469 of title 40, 

22 Code of Federal Regulations (or successor 

23 regulations). 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4161 IS

1 (iii) Landfills, as identified in part 

2 445 of title 40, Code of Federal Regula3 tions (or successor regulations). 

4 (C) DURING CALENDAR YEAR 2026.—Not 

5 later than December 31, 2026, for the following 

6 point source categories: 

7 (i) Leather tanning and finishing, as 

8 identified in part 425 of title 40, Code of 

9 Federal Regulations (or successor regula10 tions). 

11 (ii) Paint formulating, as identified in 

12 part 446 of title 40, Code of Federal Regu13 lations (or successor regulations). 

14 (iii) Plastics molding and forming, as 

15 identified in part 463 of title 40, Code of 

16 Federal Regulations (or successor regula17 tions). 

18 (b) ADDITIONAL MONITORING REQUIREMENTS.— 

19 (1) IN GENERAL.—Effective beginning on the 

20 date of enactment of this Act, the Administrator 

21 shall require monitoring of the discharges (including 

22 discharges into a publicly owned treatment works) of 

23 each measurable perfluoroalkyl substance, 

24 polyfluoroalkyl substance, and class of those sub25 stances for the point source categories and entities 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4161 IS

1 described in paragraph (2). The monitoring require2 ments under this paragraph shall be included in any 

3 permits issued under section 402 of the Federal 

4 Water Pollution Control Act (33 U.S.C. 1342) after 

5 the date of enactment of this Act. 

6 (2) CATEGORIES DESCRIBED.—The point 

7 source categories and entities referred to in para8 graphs (1) and (3) are each of the following: 

9 (A) Pulp, paper, and paperboard, as iden10 tified in part 430 of title 40, Code of Federal 

11 Regulations (or successor regulations). 

12 (B) Airports (as defined in section 47102 

13 of title 49, United States Code). 

14 (3) DETERMINATION.— 

15 (A) IN GENERAL.—Not later than Decem16 ber 31, 2023, the Administrator shall make a 

17 determination— 

18 (i) to commence developing effluent 

19 limitations and standards for the point 

20 source categories and entities listed in 

21 paragraph (2); or 

22 (ii) that effluent limitations and 

23 standards are not feasible for those point 

24 source categories and entities, including an 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4161 IS

1 explanation of the reasoning for this deter2 mination. 

3 (B) REQUIREMENT.—Any effluent limita4 tions and standards for the point source cat5 egories and entities listed in paragraph (2) shall 

6 be published in the Federal Register by not 

7 later than December 31, 2027. 

8 (c) NOTIFICATION.—The Administrator shall notify 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate of each publica12 tion made under this section. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Administrator to 

15 carry out this section $12,000,000 for fiscal year 2023, 

16 to remain available until expended. 

17 (e) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

21 (2) EFFLUENT LIMITATION.—The term ‘‘efflu22 ent limitation’’ has the meaning given the term in 

23 section 502 of the Federal Water Pollution Control 

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


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4161 IS

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

2 with respect to a chemical substance or class of 

3 chemical substances, means capable of being meas4 ured using test procedures established under section 

5 304(h) of the Federal Water Pollution Control Act 

6 (33 U.S.C. 1314(h)). 

7 (4) PERFLUOROALKYL SUBSTANCE.—The term 

8 ‘‘perfluoroalkyl substance’’ means a chemical of 

9 which all of the carbon atoms are fully fluorinated 

10 carbon atoms. 

11 (5) POLYFLUOROALKYL SUBSTANCE.—The 

12 term ‘‘polyfluoroalkyl substance’’ means a chemical 

13 containing at least 1 fully fluorinated carbon atom 

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

15 fluorinated carbon atom. 

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

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

18 212 of the Federal Water Pollution Control Act (33 

19 U.S.C. 1292). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS