S. 3457

119 S3457 IS: Clean Water Standards for PFAS Act of 2025
 U.S. Senate
 2025-12-11
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3457  IN THE SENATE OF THE UNITED STATES   December 11, 2025   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.
Short title
This Act may be cited as the   Clean Water Standards for PFAS Act of 2025  .
2.
Clean water act effluent limitations guidelines and standards and water quality criteria for pfas
(a)
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 the 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 perfluoroalkyl substance, a polyfluoroalkyl substance, or a class of those substances, means that the substance or class of substances is capable of being measured using any test method promulgated under part 136 of title 40, Code of Federal Regulations (or successor regulations).
(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 1 fully fluorinated carbon atom and at least 1 carbon atom that is not a fully fluorinated carbon atom.
(6)
Treatment works
The term  treatment works  has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ).
(b)
Deadlines
(1)
Water quality criteria
Not later than 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(a)(1) ) to address each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances.
(2)
Effluent limitations guidelines and standards for priority industry categories
Not later than the following dates, the Administrator shall take final action on a rule establishing effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), for each of the following industry categories for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances:
(A)
During calendar year 2026
Not later than September 30, 2026, for the following point source categories:
(i)
Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations).
(ii)
Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations).
(iii)
Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations).
(B)
During calendar year 2027
Not later than September 30, 2027, for the following point source categories:
(i)
Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations).
(ii)
Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations).
(C)
During calendar year 2028
Not later than September 30, 2028, for the following point source categories:
(i)
Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations).
(ii)
Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations).
(iii)
Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations).
(c)
Monitoring
(1)
Monitoring requirements
(A)
In general
Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the point source categories and entities described in subparagraphs (A), (B), and (C) of subsection (b)(2).
(B)
Certain monitoring required
Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the following point source categories and entities:
(i)
Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations).
(ii)
Airports (as defined in section 47102 of title 49, United States Code).
(iii)
Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations).
(2)
Determination
(A)
In general
Not later than December 31, 2026, the Administrator shall make a determination—
(i)
to commence developing effluent limitations guidelines and standards for the point source categories and entities listed in paragraph (1)(B); or
(ii)
to not commence developing effluent limitations guidelines and standards for those point source categories and entities, including an explanation of the reasoning for this determination.
(B)
Requirement
Any effluent limitations guidelines and standards for the point source categories and entities listed in paragraph (1)(B) shall be published in the Federal Register by not later than December 31, 2028.
(d)
Method promulgation
Subject to the requirements of subchapter II of  chapter 5  of title 5, United States Code (commonly referred to as the  Administrative Procedure Act ), not later than January 31, 2026, the Administrator shall promulgate Method 1633A, as described in the document of the Environmental Protection Agency entitled  Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC–MS/MS  and dated December 2024 (or a successor method of equal or greater validity and standard), under part 136 of title 40, Code of Federal Regulations (or successor regulations).
(e)
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.
(f)
Pretreatment program
(1)
In general
Subject to the availability of appropriations, the Administrator shall award grants to owners and operators of publicly owned treatment works—
(A)
to carry out pretreatment program activities conducted in accordance with part 403 of title 40, Code of Federal Regulations (or successor regulations), that address contamination by perfluoroalkyl substances and polyfluoroalkyl substances; and
(B)
to further monitor, assess, or analyze local sources of perfluoroalkyl substances and polyfluoroalkyl substances that enter into the treatment works.
(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 2026 through 2030, to remain available until expended.
(g)
Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section (except subsection (f)) $12,000,000 for each of fiscal years 2026 to 2030, to remain available until expended.