Overview

Title

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.

ELI5 AI

The bill wants to help clean up certain bad chemicals called PFAS in water by giving people in charge money to fix the problem and making rules to guide this cleanup. It sets specific dates for starting cleanup actions and checks to make sure things are going well so that water can be safer for everyone.

Summary AI

The bill S. 4173 introduces regulations to address the pollution caused by perfluoroalkyl and polyfluoroalkyl substances (PFAS) under the Federal Water Pollution Control Act. It sets deadlines for the Environmental Protection Agency (EPA) to establish water quality criteria and effluent limitations for various industries by specific dates between 2025 and 2027. The bill mandates monitoring of PFAS discharges into water systems and provides for grants to support treatment facilities in managing these contaminants. It allocates funding to aid in implementing these measures.

Published

2024-04-18
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-04-18
Package ID: BILLS-118s4173is

Bill Statistics

Size

Sections:
2
Words:
1,527
Pages:
9
Sentences:
24

Language

Nouns: 494
Verbs: 90
Adjectives: 64
Adverbs: 19
Numbers: 89
Entities: 105

Complexity

Average Token Length:
4.61
Average Sentence Length:
63.62
Token Entropy:
4.97
Readability (ARI):
35.51

AnalysisAI

The "Clean Water Standards for PFAS Act of 2024" is a legislative proposal aimed at establishing guidelines and standards for managing specific pollutants known as perfluoroalkyl and polyfluoroalkyl substances (PFAS), which fall under the broader jurisdiction of the Clean Water Act in the United States. Introduced by Mrs. Gillibrand, the act asserts a focused effort on regulating PFAS through careful monitoring and the setting of stringent water quality criteria and effluent limitations.

General Summary of the Bill

The bill mandates the Environmental Protection Agency (EPA) to develop and enforce guidelines and standards specifically tailored to control PFAS emissions into water bodies. These efforts include establishing deadlines for creating water quality criteria and implementing monitoring requirements for industries known to discharge PFAS. Additionally, the bill proposes funding to support pretreatment programs designed to mitigate contamination at treatment plants.

Summary of Significant Issues

Several issues emerge within the legislative context of this bill:

  1. Financial Oversight Concerns: The bill proposes substantial funding—$200 million annually—for pretreatment programs through 2028, raising concerns about potential inefficiencies and a lack of oversight in how these funds might be utilized.

  2. Ambiguity in Funding: The clause "subject to the availability of appropriations" introduces uncertainty regarding the guaranteed allocation and stability of funds for these initiatives.

  3. Tight Implementation Deadlines: The bill enumerates strict deadlines for establishing new standards, which may rush the process and compromise the adequacy and effectiveness of implementation.

  4. Complex Regulatory Language: The language surrounding regulatory guidelines is complex and could pose understanding challenges for stakeholders, potentially leading to issues with compliance and enforcement.

  5. Equitable Distribution of Grants: The absence of a clear mechanism for granting funds to publicly owned treatment works may lead to perceptions or realities of favoritism or inequitable resources distribution.

  6. Uncertainties Around Future Regulations: The use of terms like "successor regulations" implies future regulatory clarity that is not assured, posing risks of interpretation challenges.

Impact on the Public

Broadly, the bill seeks to safeguard public health by addressing water contamination issues linked to PFAS, which have been associated with various health risks. By instituting stricter control measures, the bill aims to reduce such risks and improve water quality nationwide. However, the financial burden of these initiatives could indirectly affect the public if costs are passed down through taxes or water usage rates.

Impact on Specific Stakeholders

Industries Releasing PFAS: Industries identified as significant sources of PFAS will face stricter regulations, potentially incurring costs related to compliance and the adoption of cleaner technologies.

Publicly Owned Treatment Works: These entities, which are tasked with handling effluent, may benefit from grants allowing them to upgrade infrastructure and improve treatment processes. However, uncertainties remain regarding equitable funding distribution and compliance obligations.

Regulatory Bodies: Agencies like the EPA will face increased pressure due to tight deadlines, potential resource constraints, and the challenge of clear communication of complex regulatory changes.

In conclusion, while the "Clean Water Standards for PFAS Act of 2024" aims to create robust frameworks for protecting water quality and public health, several inherent challenges require careful navigation to ensure fair, efficient, and effective implementation. Stakeholders, including regulatory bodies and affected industries, need clarity, resources, and support to achieve the intended outcomes of this legislative proposal.

Financial Assessment

The bill S. 4173, titled the “Clean Water Standards for PFAS Act of 2024,” deals with significant environmental concerns by addressing how financial resources are allocated to combat pollution from PFAS substances. The bill outlines financial appropriations and funding directed towards implementing these new regulations under the Federal Water Pollution Control Act.

Financial Summary

The bill authorizes specific appropriations to support the initiatives it introduces:

  1. Appropriation for Pretreatment Programs: The bill authorizes $200,000,000 per fiscal year from 2024 through 2028 for grants aimed at assisting publicly owned treatment works (POTWs). These funds are intended for pretreatment program activities designed to address PFAS contamination and are to be available until expended.

  2. General Authorization for Implementation: To support the overall implementation of the bill (excluding the pretreatment grants), it authorizes another $12,000,000 for each of the fiscal years 2024 to 2028.

Relation to Identified Issues

The financial allocations in the bill are linked to several potential issues:

  • Potential for Wastefulness and Inefficiency: The sizable appropriation of $200,000,000 annually could potentially lead to wastefulness and inefficiencies if these funds are not carefully monitored and evaluated. This reflects a concern about the adequacy of oversight mechanisms to ensure funds are used effectively.

  • Ambiguity in Funding Availability: The use of the phrase "subject to the availability of appropriations" introduces a level of uncertainty regarding the allocation and utilization of these funds. This could lead to interruptions or delays in program implementation, affecting the timely and predictable allocation of the set-aside monies.

  • Equitable Distribution: The bill lacks specificity on how the grants shall be distributed among various applicants, which raises concerns about fairness. Without clear guidelines, there is a risk of favoritism or uneven allocation, potentially creating ethical dilemmas regarding equity and transparency in financial disbursement.

These financial elements highlight the need for careful design and implementation of financial controls and oversight mechanisms to ensure the intended environmental benefits are realized efficiently and equitably.

Issues

  • The appropriation of $200,000,000 per fiscal year from 2024 through 2028 for pretreatment program activities in Section 2(f) seems substantial and might lead to wastefulness and inefficiency if not carefully monitored and evaluated for effectiveness, raising financial and public accountability concerns.

  • The phrase 'subject to the availability of appropriations' used in Section 2(f)(1) introduces potential legal ambiguity that may affect the predictability and reliability of funding and execution of pretreatment programs, causing uncertainty and possible delay in program implementation.

  • The bill mandates tight deadlines in Section 2(b) and 2(c) for establishing and implementing new standards and monitoring requirements which could be challenging to meet, potentially leading to rushed or incomplete policy execution and oversight.

  • The language used to describe the development of effluent limitations guidelines and standards in Section 2 is complex and might be difficult for stakeholders to understand, leading to potential legal and administrative challenges for compliance and enforcement.

  • The bill does not specify how grants for publicly owned treatment works in Section 2(f) should be distributed, leading to potential favoritism or inequitable allocation of funds, raising ethical concerns about fairness and transparency.

  • The use of the term 'successor regulations' throughout Section 2 assumes clarity and continuity that are not guaranteed, potentially leading to regulatory ambiguity and legal challenges as future regulations are developed and interpreted.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section states that the act can be officially called the “Clean Water Standards for PFAS Act of 2024.”

2. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS Read Opens in new tab

Summary AI

This section outlines the establishment of guidelines and standards for controlling pollutants, specifically perfluoroalkyl and polyfluoroalkyl substances (PFAS), under the Clean Water Act. It includes deadlines for the development of water quality criteria, monitoring requirements, methods for testing, and funding for pretreatment programs, along with appropriations for these actions.

Money References

  • (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 2024 through 2028, 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 2024 to 2028, to remain available until expended.