Congress Misses Opportunity to Protect All Communities from PFAS

Washington, DC-- Today, President Trump signed the National Defense Authorization Act (NDAA), which included several important provisions to that address per- and polyfluoroalkyl substances (PFAS) pollution. The new bill requires the military to stop using PFAS in firefighting by 2024, funds research into the extent of PFAS water contamination, and will study PFAS exposures among military firefighters, among other provisions. The bill also enacted federal paid family leave for government workers, in exchange for creation of the President’s sought-after Space Force. However, the final NDAA language omits four core safeguards from PFAS, which would have been tangible steps in protecting our communities from dangerous contamination.

1. The NDAA does not require the Environmental Protection Agency (EPA) to regulate PFAS as a hazardous substance under our nation’s Superfund law. 

2. This NDAA will not regulate PFAS discharges under the Clean Water Act. 

3. The legislation does not require a Government Accountability Office (GAO) study of how the Department of Defense handled PFAS contamination-- despite more than 300 military bases being polluted in the country. 

4. The legislation continues to legally allow the incineration of PFAS containing materials at incinerators located in communities experiencing environmental injustice. There is no evidence that commercial incineration destroys these “forever chemicals”.

EPA has full authority to enact these and other important safeguards against PFAS pollution. Yet, the agency has not  taken the necessary steps to stop PFAS emissions to air and water, and prompt cleanup of contaminated sites. Read the full text here. 

In response, Michael Brune, Executive Director of the Sierra Club, released the following statement: 

“This military spending bill begins to address the crisis of PFAS contamination, but it falls short for millions of Americans who are suffering detrimental health effects from exposure to these toxic chemicals.

“When it comes to protecting Americans, clean drinking water and a safe place to live with their families must be a priority. For years, members of the military and veterans have been exposed to toxic PFAS chemicals from firefighting foams used on bases-- unknowingly and at the expense of their health and safety. It is time for Congress to act decisively in compelling the EPA to take action to prevent PFAS pollution and clean up its contamination.”