October 2023 PFAS Legislative Developments
October Legislation Tracking (October 1 – October 31)
Current Trends in Legislation – October 2023
Federal Legislature
- Two Federal bills introduced in September.
- One bill requires the Secretary of Defense to request modifications relating to certain permits issued under the Federal Water Pollution Control Act.
- One bill amends the Federal Food, Drug, and Cosmetic Act to deem certain substances, including PFAS, to be unsafe for use as food contact substances.
Federal Regulations
- 88 FR 209 has been finalized and will become effective 11/30/2023. The EPA is adding PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern. These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern, thus eliminating the use of the de minimis exemption and the option to use Form A. Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. EPA is removing the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any TRI reporting obligations.
State Legislature
- One bill was introduced in Michigan’s legislature. The bill amends an existing bill that governs renewable energy systems by incorporating requirements to mitigate PFAS contamination in potable water.
State Regulations
- On 10/9/23 Virginia (VA) published a new regulation, 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. The amendments now amendments define PFAS and require pretreatment standards for any industrial user of a publicly owned treatment works that receives and cleans, repairs, refurbishes, or processes any equipment, parts, or media used to treat any water or wastewater from any off-site manufacturing process that the industrial user knows or reasonably should know uses PFAS chemicals to test its waste stream for PFAS chemicals prior to and after cleaning, repairing, refurbishing, or processing such items.
New Bills This Period
PFAS Legislation
Federal
- Two Bills Introduced
State
- One bill introduced in Michigan (MI).
Signed into Law
There were no State or Federal bills passed into law related to PFAS in October 2023
Highlighted Bills – PFAS Legislation
Federal
Federal Bill: HR 6095
- Bill Name: Department of Defense PFAS Discharge Prevention Act
- Sponsors: Rep. Jenn McClellan
- Introduced: 10/26/2023
- Status: Referred to the Subcommittee on Water Resources and Environment
- Summary: The intent is to require the Secretary of Defense to request modifications relating to certain permits issued under the Federal Water Pollution Control Act. Within one year after the date of enactment of this Act, the Secretary of Defense shall request from the State that issued the permit, or the Administrator of the Environmental Protection Agency, as applicable, approval of a modification to such permit, or a revision to an applicable stormwater management plan to monitor PFAS discharges.
Federal Bill: HR 6105
- Bill Name: No Toxics in Food Packaging Act of 2023
- Sponsors: Rep. Jan Schakowsky
- Introduced: 10/26/2023
- Status: Referred to the committee on Energy and Commerce
- Summary: The intent is to amend the Federal Food, Drug, and Cosmetic Act to deem certain substances, including PFAS, to be unsafe for use as food contact substances.
State
State Bill: HB 5118 (MI)
- Bill Name: Property Assessed Clean Energy Act
- Sponsors: Rachel Hood
- Introduced: 10/10/2023
- Status: (9/6/2023) Referred to Committee on Energy, Communications, and Technology.
- Summary:This amends the original bill, 2010 PA 270. The original bill was designed to promote renewable energy systems. The amendment addresses the need to mitigate PFAS contamination in potable water systems.
Updates on Previously Highlighted Bills
Federal
State
None at this time
