November 27, 2022

Volume XII, Number 331

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September 2022 PFAS Legislative Developments

Current Trends in Legislation – September 2022

Military Installments and PFAs Monitoring

  • Federal Level

  • Key point addressed: Assist with identify reporting on PFAs contamination in communities near military establishments and reporting to the government on the same.

PFAs Contamination Reporting and Remediation Efforts

  • Federal Level

  • Key point addressed: Creating committees that will be designated to directing the administration on the importance of the PFAS contamination issues throughout the country .

Surface Water Disclosure

  • States Involved: NY

  • Key point addressed: Requires publicly owned treatment works and people who discharge industrial waste to such treatment works to disclose the measurement PFAs

New Bills This Period

Federal

Three Federal bills introduced in September mentioning PFAS

    • H.R. 8900

    • H.R. 8901

    • S. 4829

State

  • One State bill and one amendment introduced in September mentioning PFAS

    • NY – 1

    • PA – Amendment

Signed Into Law

State & Federal

There were no bills related to PFAS passed in the month of September.

Highlighted Bills – PFAS Legislation

Federal

Federal Legislature Bill: HR 8900

  • Bill NameTo amend the National Defense Authorization Act for Fiscal Year 2021, to authorize certain prizes for the development of non-PFAS-containing turnout gear, and for other purposes. 

  • SponsorsRep. Elissa Slotkin (D) (MI-08)/li>

  • Introduced: 9/19/2022

  • Status: (9/19/2022) Introduced and Referred to the House Committee on Armed Services.

  • Summary: An act to amend National Defense Authorization Act for Fiscal Year 2021 to include the language “Covered personal protective firefighting equipment that does not contain an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.”

Federal Legislature Bill: HR 8901

  • Bill NameTo direct the Secretary of Defense to submit a report regarding the provision of water alternatives to communities affected by PFAS contamination, and for other purposes. 

  • SponsorsRep. Elissa Slotkin (D) (MI-08)/li>

  • Introduced: 9/19/2022

  • Status: (9/19/2022) Introduced and Referred to the House Committee on Armed Services.

  • Summary:Report required not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an outline of the plan of the Department of Defense to provide (or continue providing, as the case may be) alternative water sources to affected communities surrounding military installations with levels of perfluoroalkyl substances that have been determined to be above the lifetime health advisory for contamination for such substances as issued by the Environmental Protection Agency and printed in the Federal Register on June 21, 2022.

Federal Legislature Bill: S. 4829

  • Bill NamePFAS Intergovernmental Coordination Act 

  • SponsorsSen. Gary Peters (D) (MI)/li>

  • Introduced: 9/13/2022

  • Status: (9/13/2022) Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  • Summary:No later than 90 days after the date of enactment of this Act, the Director shall establish a working group to facilitate more effective cooperation, coordination, and mutual accountability among every level of the Federal Government and State, local, and Tribal governments on a holistic response to PFAS contamination in communities across the United States. It will help to hold improve the administration and coordination of responses to PFAs contamination.

State

State Bill: A 10689 (NY)

  • Bill NameEnacts the “PFAS surface water discharge disclosure act” 

  • SponsorsCarrie Woerner

  • Introduced: 9/9/2022

  • Status: (9/16/2022) Enacting clause stricken

  • Summary: Enacts the “PFAS surface water discharge disclosure act”; requires publicly owned treatment works and people who discharge industrial waste to such treatment works to disclose the measurement of per- and polyfluoroalkyl chemicals found in any discharge into the state waterways.

  • Notes: State Senate filed the same bill in August 2022.

State Bill Amend.: House A04773 to PN 905 to SB302 (PA)

  • Bill NameAn Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, providing for firefighting foam management. 

  • SponsorsRep. Gillen

  • Introduced: 9/20/2022

  • Status: N/A

  • Summary: Amend bill to reflect the following language – “Beginning January 1, 2023, no person, firefighting entity, the Commonwealth nor a municipality may discharge or otherwise use a class B firefighting foam that contains an intentionally added PFAS chemical.”

Updates on Previously Highlighted Bills

Federal

Federal Bill: S. 3662

  • Bill: Preventing PFAS Runoff at Airport Act.

  • Sponsors:Sen, Gary Peters (D) – MI

  • Introduced: 2/16/2022

  • Status: (9/29/22) Motion to reconsider laid on the table and agreed with no objection.

  • Summary No later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct an outreach for Airport Improvement Program funding under the authority previously established in US Code 47109 (g) of Title 49.

It also outlined that no later than 18months after the date of enactment, the Administrator of the Federal Aviation Administration shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that reviews (1) potential options for Congress to reimburse airports… (2) information relevant to estimating the potential costs of providing such reimbursement (3) the status of the Federal Aviation Administration outreach efforts.. (4) Any additional information the Administrator of the Federal Aviation Administration considers appropriate.

State

State Bill: HB 1602 (NH)

  • Bill: Prohibiting the sale of products containing intentionally-added PFAS.

  • Sponsors:Chuck Grassie

  • Introduced: 12/21/2021

  • Status: (9/29/22) Executive Session: 10/19/2022 10:00 am LOB 305-307

  • Summary New section to be added to amend RSA 485 by inserting the following section after section 17-a:

Per and Polyfluoroalkyl Substance Levels in Drinking Water in Schools and Licensed Child Care Facilities.

I. Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities that have not sampled in the prior 2 years shall test for the presence of per and polyfluoroalkyl substances (PFAS) in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department. (more details on remediation and notification provided in bill)

II. Any time the applicable state standard for PFAS in drinking water is changed, public and private schools and licensed child care facilities shall, within 30 days, compare the results of their most recent testing with such new standard and, in the event any such results exceed the new standard, proceed with the requirements of paragraph I relative to notice, remediation, and interim measures.

State Bill: HB 1440 (NH)

  • Bill: Relative to surface water quality standard for perfluorinated chemicals.

  • Sponsors:Robert Renny Cushing

  • Introduced: 12/1/2021

  • Status: (9/29/22) Executive Session: 10/19/2022 10:00 am LOB 305-307

  • Summary Amend RSA 485-A:8 by inserting after paragraph II-a the following new paragraphs:

II-b. The department shall, no later than January 1, 2023, initiate rulemaking under RSA 541-A to adopt surface water quality standards for the following: Perfluorooctanoic acid (PFOA), 12 parts per trillion; Perfluoroctanesulfonic acid (PFOS), 15 parts per trillion; Perfluorohexanesulfonic acid (PFHxS), 18 parts per trillion; Perfluorononanoic acid (PFNA), 11 parts per trillion. Surface water standards shall be no less stringent than the maximum contaminant levels established for such chemicals for drinking water.

II-c. The department shall, no later than September 1, 2022, initiate rulemaking under RSA 541-A to adopt surface water quality standards for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), and perfluorononanoic acid (PFNA) to ensure water concentrations will support the safety of fish and shellfish for human consumption as well as water that is safe for human consumption.

The bill also proposed that by November 2022, there will be an annual report from the commissioner of the department of environmental services to the speaker of the house of representatives, president of the senate, along with other government officials, with a recommendation regarding the adjustment of the surface water standards.

©2022 CMBG3 Law, LLC. All rights reserved.National Law Review, Volume XII, Number 277
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About this Author

Amaran Toppa Director of Client Relations & Development CMBG3
Director of Client Relations & Development

Amaran Toppa joined CMBG3 in 2017 after almost three years in the investment management industry. In addition to her time in the financial sector, Amaran has over 15 years of experience working with law firms who have handled Real Estate, Municipal law, Insurance, Toxic Tort, Criminal and Civil matters. As the Director of Client Relations and Development at CMBG3, Amaran’s focus is to provide superior support and service to the firm’s clientele. She also works closely with CMBG3’s Government Affairs team and is a registered lobbyist.

Amaran...

617-279-8232
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