Clean Water Standards for PFAS Act of 2021
Bill: S.1907 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Environmental Protection

Summary:
Clean Water Standards for PFAS Act of 2021
This bill directs the Environmental Protection Agency (EPA) to develop requirements and incentives to limit the discharge of perfluoroalkyl and polyfluoroalkyl substances (PFAS) into certain waters of the United States. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
Within two years, the EPA must publish water quality criteria for each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of PFAS. The water quality criteria must determine how much of these substances can be present in water before it is likely to harm human health.
Within four years, the EPA must publish a final rule that establishes, for each priority industry category specified in the bill, effluent limitations guidelines and standards for the discharge of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of PFAS. Under the Clean Water Act, effluent limitations restrict the quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources (e.g., a discernible source such as a pipe) into navigable waters, the ocean, or other specified waters.
In addition, the EPA must award grants to owners and operators of publicly owned treatment works for implementing the effluent limitations guidelines and standards.

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.

    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 2021''.

SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS 
              AND WATER QUALITY CRITERIA FOR PFAS.

    (a) Deadlines.--
            (1) Water quality criteria.--Not later than 2 years after 
        the date of enactment of this section, the Administrator shall 
        publish in the Federal Register human health water quality 
        criteria for each measurable perfluoroalkyl substance, 
        polyfluoroalkyl substance, and class of such substances.
            (2) Effluent limitations guidelines and 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 guidelines and standards, in accordance 
        with the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), for the discharge (including a discharge into a publicly 
        owned treatment works) of each measurable perfluoroalkyl 
        substance, polyfluoroalkyl substance, and class of such 
        substances.
    (b) 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.
    (c) Implementation Assistance for Publicly Owned Treatment Works.--
            (1) In general.--The Administrator shall award grants to 
        owners and operators of publicly owned treatment works, to be 
        used to implement effluent limitations guidelines and standards 
        developed by the Administrator for a perfluoroalkyl substance, 
        polyfluoroalkyl substance, or class of such substances.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection $200,000,000 for each of fiscal years 2022 through 
        2026, to remain available until expended.
    (d) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Effluent limitation.--The term ``effluent limitation'' 
        has the meaning given that term in section 502 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1362).
            (3) Measurable.--The term ``measurable'', with respect to a 
        chemical substance or class of chemical substances, means 
        capable of being measured using--
                    (A) a test procedure promulgated or approved in 
                accordance with part 136 of title 40, Code of Federal 
                Regulations (or successor regulations); or
                    (B) another analytical method for measuring a 
                perfluoroalkyl substance, polyfluoroalkyl substance, or 
                class of those substances, if the analytical method is 
                validated by the Administrator.
            (4) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
        substance'' means a chemical of which all of the carbon atoms 
        are fully fluorinated carbon atoms.
            (5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
        substance'' means a chemical containing at least one fully 
        fluorinated carbon atom and at least one carbon atom that is 
        not a fully fluorinated carbon atom.
            (6) 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).
                    (D) Electroplating, as identified in part 413 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).
                    (E) Metal finishing, as identified in part 433 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).
                    (F) Leather tanning and finishing, as identified in 
                part 425 of title 40, Code of Federal Regulations (or 
                successor regulations).
                    (G) Paint formulating, as identified in part 446 of 
                title 40, Code of Federal Regulations (or successor 
                regulations).
                    (H) Electrical and electronic components, as 
                identified in part 469 of title 40, Code of Federal 
                Regulations (or successor regulations).
                    (I) Plastics molding and forming, as identified in 
                part 463 of title 40, Code of Federal Regulations (or 
                successor regulations).
            (7) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).
            (8) Water quality criteria.--The term ``water quality 
        criteria'' means the recommended criteria for water quality 
        developed by the Administrator under section 304(a)(1) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)).
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