We regularly list technical and legislative updates on our PFAS Resources page. Some proposed legislation have catchy titles such as the “Filthy Fifty Act.” Others are straight forward like the “PFAS Action Act of 2021.”
There are no shortages of proposed federal legislation surrounding per- and polyfluoroalkyl substances (PFAS), however progress at the federal level in addressing PFAS has been painfully slow.
As stated in a recent article in the National Law Review, “More than thirty such legislative measures are currently pending in Congress covering a number of subjects related to PFAS including, but not limited to, those involving military uses, funding assistance, detection and research, product stewardship, site remediation, and regulatory mandates.”
Comprehensive Act
The National Law Review article goes on to say that the most comprehensive proposal is the PFAS Action Act of 2021. It is now pending in the Senate’s Committee on Environment and Public Works where it faces an uncertain future. This legislation may be incorporated in other measures such as infrastructure.
The PFAS Action Act of 2021 is similar to the PFAS Action Act of 2019 that was not enacted. As pointed out in the National Law Review, “However, during the past legislative session, Congress approved a number of PFAS legislative measures in the National Defense Authorization Act (NDAA) for Fiscal Year 2020…”
What will congress do with the PFAS Action Act of 2021 (Image by 1778011 from Pixabay)?
CERCLA, SDWA, CAA, TSCA, and CWA
The proposed PFAS Action Act of 2021 is comprehensive, covering nearly every existing environmental act. Gleaning from both the legislative summary and the National Law Review article, here is how the proposed Act would affect existing environmental laws.
- Designation by EPA of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substance, under the Section 102(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). EPA would be required to complete this designation within one year and consider similar designations of all other PFAS within five years.
- Promulgation by EPA of national primary drinking water regulation under Section 1412(b) of the Safe Drinking Water Act (SDWA) for PFAS within two years, to include standards for PFOA and PFOS.
- Listing of PFOA and PFOS by EPA as “hazardous air pollutants” under Section 112(b) of the Clean Air Act (CAA) within 180 days.
- Adoption of a rule by EPA imposing toxicity testing of PFAS under Section 4(a) of the Toxic Substances Control Act (TSCA) within two years.
- Establishment by EPA of water quality criteria for PFAS under Section 304(a)(1) of the Clean Water Act (CWA) and effluent limitations guidelines under Section 502 of the CWA for PFAS discharges for priority industry categories.
- Promulgation of regulations by EPA requiring that when materials containing PFAS or aqueous film forming foam are incinerated, PFAS emitted into the air are minimized to the extent feasible.
- Establishment by EPA of labeling program for products to indicate whether they are PFAS free.
Concluding Thoughts on PFAS Action Act of 2021
There is a lot of support for legislation that would establish federal maximum contaminant levels (MCLs) for PFAS. As it currently stands, many states have established their own MCLs, but they vary greatly. We need to establish science-based limits at the federal level that will be protective of human health and the environment along with reasonable regulations that provide consistency to the regulated community.
This proposed Act is a big bite at the PFAS apple and it is worth following. Let’s hope we can get some constructive action in the coming months at the federal level.
If you have a question about PFAS or need assistance with a PFAS-related issue, contact Jeffrey Bolin or Matthew Schroeder at 248-932-0228.
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