Title: Clean Water Standards for PFAS Act of 2020
Policy area: Environmental Protection

Summary:
Clean Water Standards for PFAS Act of 2020
This bill directs the Environmental Protection Agency (EPA) to review certain point sources that discharge perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. Based on this review, the EPA must establish effluent limitations and pretreatment standards, as well as publish water quality criteria, for certain PFAS. 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.
The bill also directs the EPA to award grants to owners and operators of publicly owned treatment works to implement PFAS pretreatment standards.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5539 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5539

To require the Administrator of the Environmental Protection Agency to 
  review and develop effluent standards, pretreatment 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 standards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2020

  Mr. Pappas (for himself, Mr. Delgado, Mr. Rouda, Mr. DeFazio, Mrs. 
Napolitano, Mr. Fitzpatrick, Mr. Kildee, Mr. Lowenthal, Mr. Lynch, Mr. 
Neal, Mr. Brendan F. Boyle of Pennsylvania, Ms. Slotkin, Mrs. Lawrence, 
 and Ms. Kuster of New Hampshire) introduced the following bill; which 
   was referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
  review and develop effluent standards, pretreatment 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 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 2020''.

SEC. 2. CLEAN WATER ACT EFFLUENT STANDARDS, PRETREATMENT STANDARDS, AND 
              WATER QUALITY CRITERIA FOR PFAS.

    (a) Review and Regulation of Substances and Sources.--
            (1) Review.--
                    (A) In general.--As soon as practicable, but not 
                later than September 30, 2021, and biennially 
                thereafter, the Administrator shall publish in the 
                Federal Register a plan under subsection (m) of section 
                304 of the Federal Water Pollution Control Act (33 
                U.S.C. 1314) that contains the results of a review, 
                conducted in accordance with such section, of the 
                introduction or discharge of perfluoroalkyl and 
                polyfluoroalkyl substances from classes and categories 
                of point sources (other than publicly owned treatment 
                works).
                    (B) Inclusions.--The Administrator shall include in 
                each plan published pursuant to subparagraph (A)--
                            (i) information on potential introduction 
                        or discharges of perfluoroalkyl and 
                        polyfluoroalkyl substances;
                            (ii) any information gaps on such 
                        introduction or discharges and the process by 
                        which the Administrator will address such gaps;
                            (iii) for each measurable perfluoroalkyl 
                        and polyfluoroalkyl substance that is not on 
                        the list of toxic pollutants described in 
                        section 307(a) of the Federal Water Pollution 
                        Control Act, a determination, in accordance 
                        with the requirements of such section, whether 
                        or not to add the substance to such list; and
                            (iv) a determination, in accordance with 
                        the requirements of the Federal Water Pollution 
                        Control Act, whether or not to establish 
                        effluent limitations and pretreatment standards 
                        for the introduction or discharge of each 
                        substance described in clause (iii) that the 
                        Administrator determines under such clause not 
                        to add to such list and for which the 
                        Administrator has not developed such 
                        limitations or standards.
            (2) Regulation.--Based on the results of each review 
        conducted under paragraph (1) and in accordance with the 
        requirements of the Federal Water Pollution Control Act, the 
        Administrator shall--
                    (A) in accordance with the plan published under 
                paragraph (1), as soon as practicable--
                            (i) for each measurable perfluoroalkyl and 
                        polyfluoroalkyl substance that the 
                        Administrator determines under paragraph 
                        (1)(B)(iii) to add to the list of toxic 
                        pollutants described in section 307(a) of such 
                        Act, initiate the process for adding the 
                        substance to such list; and
                            (ii) for each measurable perfluoroalkyl and 
                        polyfluoroalkyl substance that the 
                        Administrator determines under paragraph 
                        (1)(B)(iv) to establish effluent limitations 
                        and pretreatment standards, establish such 
                        effluent limitations and pretreatment standards 
                        (which limitations and standards may be 
                        established by substance or by class or 
                        category of substances); and
                    (B) not later than 1 year after the date on which 
                each plan is published under paragraph (1), publish 
                human health water quality criteria for measurable 
                perfluoroalkyl and polyfluoroalkyl substances and 
                classes and categories of perfluoroalkyl and 
                polyfluoroalkyl substances for which the Administrator 
                has not published such criteria.
    (b) Deadlines for Covered Perfluoroalkyl Substances.--
            (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 covered perfluoroalkyl substance.
            (2) 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 the 
        introduction or discharge of each covered perfluoroalkyl 
        substance.
    (c) 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.
    (d) Implementation Assistance for Publicly Owned Treatment Works.--
            (1) In general.--The Administrator shall award grants, in 
        amounts not to exceed $100,000, to owners and operators of 
        publicly owned treatment works, to be used for the 
        implementation of a pretreatment standard developed by the 
        Administrator for a perfluoroalkyl or polyfluoroalkyl 
        substance.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection $100,000,000 for each of fiscal years 2021 through 
        2025, to remain available until expended.
    (e) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered perfluoroalkyl substance.--The term ``covered 
        perfluoroalkyl substance'' means perfluorooctanoic acid, 
        perfluorooctane sulfonic acid, or a salt associated with 
        perfluorooctanoic acid or perfluorooctane sulfonic acid.
            (3) Effluent limitation.--The term ``effluent limitation'' 
        means an effluent limitation under section 301(b) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1311).
            (4) Introduction.--The term ``introduction'' means the 
        introduction of pollutants into treatment works, as described 
        in section 307(b) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1317).
            (5) Measurable.--The term ``measurable'' means, with 
        respect to a chemical substance or class or category of 
        chemical substances, 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); or
                    (B) any other analytical method developed by the 
                Administrator.
            (6) Pretreatment standard.--The term ``pretreatment 
        standard'' means a pretreatment standard under section 307(b) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1317).
            (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.
                    (B) Pulp, paper, and paperboard, as identified in 
                part 430 of title 40, Code of Federal Regulations.
                    (C) Textile mills, as identified in part 410 of 
                title 40, Code of Federal Regulations.
            (8) 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).
            (9) Water quality criteria.--The term ``water quality 
        criteria'' means criteria for water quality under section 
        304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 
        1314).
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