I
105TH CONGRESS
1ST SESSION
H. R. 1188
To amend the Federal Water Pollution Control Act to eliminate certain
discharges of chlorine compounds into the navigable waters, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. NADLER (for himself, Mr. BERMAN, Mr. WAXMAN, Ms. NORTON, Mr.
SANDERS, Mr. DELLUMS, Mr. HINCHEY, Mr. EVANS, and Mr. PALLONE)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to elimi-
nate certain discharges of chlorine compounds into the
navigable waters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Zero Chlorine Dis-
charge Act’’.
SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIO-
ACCUMULATIVE SUBSTANCES.
(a) FINDINGS.—Congress finds the following:
(1) Substances that persist or bioaccumulate, or
both, in the environment build to higher and higher
concentration over time, reaching their greatest lev-
els in the tissues of species high on the food chain,
including humans.
(2) Toxic substances that persist or bioaccumu-
late, or both, in the environment are biologically ac-
tive in infinitesimal quantities, causing reproductive
failure, birth defects, developmental impairment,
hormonal disruption, behavioral disorders, immune
suppression, and cancer at low doses, and mixtures
of these substances may cause these effects at even
lower doses.
(3) Regulatory approaches that permit even
limited production and discharge of toxic substances
that persist or bioaccumulate, or both, in the envi-
ronment result in the accumulation of these sub-
stances in the environment and food chain over time
and subsequent damage to the health of humans and
other species.
(4) The most favored method of preventing the
continued contamination of the environment from
persistent or bioaccumulative toxic substances is to
phaseout their production and use over time and to
replace these substances or the processes that
produce them, or both, with safer alternatives.
(5) Among the persistent and bioaccumulative
toxic 
substances 
of 
greatest 
concern 
are
organochlorines discharged in the production of pulp
and paper as a result of the use of chlorine or any
other chlorinated oxidizing agent in the pulp and
paper manufacturing process.
(6) The Great Lakes Water Quality Agreement
between the United States and Canada concludes
that ‘‘the discharge of toxic substances in toxic
amounts be prohibited and the discharge of any or
all persistent toxic substances be virtually elimi-
nated’’.
(7) In the Sixth Biennial Report on Great
Lakes Water Quality, the International Joint Com-
mission on Great Lakes Water Quality concluded as
follows: ‘‘The concepts of virtual elimination and
zero discharge are consistent and a clear statement
or direction to take to achieve the Agreement’s pur-
pose. The overall strategy or aim regarding persist-
ent toxic substances is virtual elimination, and the
tactic or method to be used to achieve the aim is
through zero input or discharge of those substances
created as a result of human activity.’’.
(b) ZERO DISCHARGE OF ORGANOCHLORINE COM-
POUNDS, BYPRODUCTS, AND METABOLITES.—Title III of
the Federal Water Pollution Control Act (33 U.S.C.
1311–1330) is amended by adding at the end the follow-
ing:
‘‘SEC. 321. DISCHARGE OF ORGANOCHLORINE COMPOUNDS,
BYPRODUCTS, AND METABOLITES.
‘‘(a) ZERO DISCHARGE.—
‘‘(1) REQUIREMENT
FOR
PULP
AND
PAPER
MANUFACTURING
FACILITIES.—Effective 5 years
after the date of the enactment of this section, each
pulp and paper manufacturing facility shall achieve
zero discharge into the navigable waters of
organochlorine 
compounds, 
byproducts, 
and
metabolites formulated as a result of the use of chlo-
rine or any other chlorinated oxidizing agent in the
pulp and paper manufacturing process.
‘‘(2) PERMITS.—
‘‘(A) COMPLIANCE WITH ZERO DISCHARGE
REQUIREMENT.—Effective 5 years after the
date of the enactment of this section, any per-
mit issued under section 402 by the Adminis-
trator or a State (in the case of a State with
an approved permit program under section
402(b)) to a pulp and paper manufacturing fa-
cility that uses chlorine or any other chlorinated
oxidizing agent shall require compliance with
the zero discharge requirement set forth in
paragraph (1).
‘‘(B) APPLICABILITY.—Subparagraph (A)
shall apply to any permit issued on, before, or
after the date of the enactment of this section.
‘‘(b) SAFE ALTERNATIVES ASSISTANCE.—
‘‘(1) EVALUATION
OF
ALTERNATIVES; 
RE-
PORT.—Not later than 1 year after the date of the
enactment of this section, the Administrator shall—
‘‘(A) evaluate alternatives to the use of
organochlorines in the manufacturing of pulp
and paper; and
‘‘(B) publish a report on the transfer of
technology in the pulp and paper industry from
organochlorine to chlorine-free technology as a
model for pollution prevention.
‘‘(2) TECHNICAL
INFORMATION
AND
SUP-
PORT.—Not later than 18 months after the date of
the enactment of this section, the Administrator
shall begin providing technical information and sup-
port to assist permit applicants in the use of alter-
natives to organochlorine compounds in the produc-
tion of pulp and paper.
‘‘(c) REPORT TO CONGRESS ON ORGANOCHLORINE
ZERO DISCHARGE CANDIDATES.—
‘‘(1) STUDY AND REPORT.—The Administrator
shall—
‘‘(A) conduct a study on nonpoint sources
and industrial discharges of organochlorine
compounds 
and 
their 
byproducts 
and
metabolites into the navigable waters; and
‘‘(B) transmit to Congress a report con-
taining the results of the study not later than
18 months after the date of the enactment of
this section
‘‘(2) CONTENTS OF REPORT.—The report to be
transmitted under paragraph (1) shall contain, at a
minimum, the following:
‘‘(A) A listing of all types or categories of
nonpoint sources and industrial discharges of
organochlorine compounds and their byproducts
and metabolites into the navigable waters.
‘‘(B) A listing of the annual quantities of
each organochlorine compound discharged into
the navigable waters nationally and by per-
mitted facility, together with a list of each per-
mitted facility’s location and quantities of com-
bined organochlorine compound discharges into
the navigable waters.
‘‘(C) Recommendations for achieving a
zero discharge policy for important categories of
organochlorine pollution sources.
‘‘(3) ADVISORY PANEL.—
‘‘(A) 
ESTABLISHMENT.—The 
Adminis-
trator shall convene an advisory panel to assist
the Administrator in developing recommenda-
tions under paragraph (3)(C).
‘‘(B) MEMBERSHIP.—The panel shall con-
sist of 15 members, including—
‘‘(i) at least 1 independent expert in
each of the fields of public health, occupa-
tional health, technology change, toxics use
reduction, and ecology;
‘‘(ii) 2 affected citizens; and
‘‘(iii) technical and policy experts
from industry, labor, and public interest
groups and State environmental agencies.
‘‘(C) 
PUBLIC
HEARINGS
AND
COM-
MENTS.—The advisory panel shall conduct pub-
lic hearings and solicit public and expert com-
ments in assisting the Administrator under this
paragraph.
‘‘(d) ZERO DISCHARGE DEFINED.—For the purposes
of this section, the term ‘zero discharge’ means absolutely
no output or release, including nonpoint source output or
release, into water. The term ‘zero discharge’ does not
mean a less than detectable output or release.’’.
Æ