On November 8, 2022, Attorneys General from seventeen states and D.C. wrote to Senate Leaders Schumer and McConnell. The AGs expressed support for the inclusion of PFAS provisions in the 2023 National Defense Authorization Act (NDAA).
Both Military and Industrial States Want PFAS Protections
These AG’s represent the following states and territories:
- Massachusetts
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maine
- Maryland
- Minnesota
- New Mexico
- New York
- North Carolina
- Oregon
- Pennsylvania
- Rhode Island
- Washington
- Wisconsin
- District of Columbia
State AGs Support House Bill PFAS Provisions
These AGs ask the Senate to pass the PFAS protection provisions which are presently contained only in the House Bill. They argue that these provisions are needed to protect military personnel and others living on or adjacent to military facilities. They also note their states continue to face substantial threats to the environment and public health due to PFAS contamination.
The PFAS Provisions State AGs Encourage Senate to Adopt to Protect Families
The state AGs note that their recommendations in each of 2019, 2020, and 2021 have been signed into law. They also praise the Senate for including many meaningful PFAs provisions in the two prior NDAA’s and funding PFAS studies. Finally, the State AGs make their express recommendations of the provisions from the House Bill that should be included.
The provisions they encourage the Senate to adopt include:
- Mandating that all DoD cleanups of PFAS contaminations satisfy the most stringent state and federal environmental standards.
- Requiring a report from the DoD on implementing on-site PFAS destruction technologies that do not require incineration.
- Expanding the list of prohibited products under § 333 of the Fiscal Year 2021 National Defense Authorization Act.
- Prohibiting the procurement of firefighter PPE containing PFAS after October 1, 2025 (subject to an exception for lack of availability).
- Calling on DoD to list of each known use of PFAS they deem essential. Also requiring DoD which of these uses a replacement substance is impossible or impractical.
- Requiring DoD to brief the Armed Services Committees on steps taken to identify items containing PFOA and PFOS. Also requiring DoD to brief its efforts to limit procurement of those products.
- Requiring a report to Congress detailing how to establish a process to alert former and active military about PFAS exposure. This report shall be submitted no later than one year after enactment.
- Requiring a report of progress made in the replacement of fire-fighting agents containing aqueous film forming foam (AFFF). Also requiring a report on known or suspected PFAS contamination around military installations related to substances other than AFFF. These reports shall be submitted no later than one year after enactment.
- Directing HHS to expand its study of the health effects of PFAS contamination. A report on this study should be submitted to Congress no later than one year from enactment.
- Directing DoD to establish a program with the U.S. EPA to test for PFAS in drinking water at schools operated by DoD. Also directing DoD to install filtration systems to meet the stricter of federal or state drinking water standards.
- Amending § 8(a)(7) of the Toxic Substance Control Act to amend PFAS language related to reporting purposes; and
- Directing EPA to publish in the Federal Register effluent limitation guidelines for PFAS. This publication shall occur under § 304(a)(1) of the Clean Water Act not more than three years after enactment.
All states should support PFAS protections since all are affected
Stag Liuzza applauds the Attorneys General who signed on to the correspondence urging common sense PFAS provisions in the NDAA. Stag Liuzza urges all states to formally encourage Senate Leadership to adopt the PFAS protection provisions from the House Bill.
