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


  • Two Bills Introduced


    • 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 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 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


      None at this time

      John Gardella


      PFAS, Environmental, Litigation

      John Gardella and his team were recognized by National Law Review as the only Thought Leader in the nation in 2020 on the subject of PFAS. Attorney Gardella regularly consults with corporate, insurance, and financial world clients to assess risks in a multitude of transaction types. While he has specialized his practice for the past five years on the subject of PFAS, he has fifteen years of litigation and environmental practice that shapes the expertise that he offers to his clients to predict future risks. His opinions are sought out by media, such as Bloomberg, AM Best, and numerous industry-specific publications.

      Amaran Toppa

      Director of Client Relations & Development

      Amaran Toppa joined CMBG3 Law in 2017 after almost three years in the investment management industry. In addition to her time in the financial sector, Mrs. Toppa has over 15 years of experience working with law firms who have litigated and consulted on ESG, Environmental, Insurance, Toxic Tort, Criminal and Civil matters. As a member of the CMBG3’s Government Affairs team, Mrs. Toppa analyzes and provides guidance on important policy and regulatory issues to the firm’s practice groups. She also assists with strategizing policy responses and develops relationships with key federal and state legislators and agency members to lobby on issues important to the firm’s clients.

      Tori Paiva

      Legislative Analyst

      Tori Paiva is a Legislative Analyst at CMBG3 Law specializing in ESG, PFAS, Environmental and Tort issues. Ms. Paiva has extensive knowledge and expertise pertaining to federal regulators bodies including OSHA, EPA, DEP, and the FDA. With her expertise on both federal and local regulations, she has helped with the national defense strategies for her clients and continues to inform our attorneys on pertinent issues developing in the regulatory realm. As a member of the Government Affairs team, she is responsible for monitoring and reporting on legislative priorities, and regularly attends congressional hearings. As a registered lobbyist, Ms. Paiva also meets with Federal and State stakeholders to advance priorities important to firm clients.

      Speak to Your PFAS Legislative Experts