House Approves NDAA with Significant PFAS Measures

King & Spalding

The FY22 National Defense Authorization Act (“NDAA”) passed the House on September 23, 2021, on a 316-113 vote. The Act included a number of per- and polyfluoroalkyl substances (“PFAS”)-focused measures that have been part of the bill since its introduction and a slate of more-stringent requirements added through an "en bloc" amendment that the chamber approved by a slimmer margin of 236-186. The amended bill would give EPA two years to issue drinking water standards for at least two key PFAS, and potentially the entire class. This is the same requirement that lawmakers used as a centerpiece of their "PFAS Action Act" that cleared the House this summer. It would also expand several reporting mandates for PFAS chemicals under the Toxic Substances Control Act (“TSCA”) and other laws: one provision broadens the definition of "PFAS" subject to a pending TSCA reporting rule; another eliminates an exception to Toxics Release Inventory (“TRI”) reporting for mixtures containing less than one percent of any individual PFAS; and another requires facilities that manufactured PFAS in the last ten years to submit detection methods that regulators could use to test for contamination by those substances. The PFAS-related portions of the bill have drawn criticism in recent days from Republicans and Democrats alike, each arguing that some aspects of the bill are unworkable due to practical or scientific hurdles. The NDAA’s passage sets the stage for negotiations in the 50-50 Senate that could preserve or kill those provisions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding

King & Spalding on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.