NDAA STATEMENT: Weak Protections Against PFAS Leave Communities Behind

Washington, DC-- Today, Congress released conference text for the National Defense Authorization Act (NDAA), which included several important provisions to that address per- and polyfluoroalkyl substances (PFAS) pollution in American communities, drinking water and military bases. The final language omits four core safeguards from PFAS. 

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”.

Important provisions that were omitted are under the jurisdiction of the EPA, and do not require Congressional action to implement. Read the full text here. 

In response, members of community organizations released the following statement

“Community members and organizations fought for stronger provisions in the NDAA that would have safeguarded Americans from toxic PFAS chemicals and required that polluters cleanup the toxic legacy they have left behind. We are encouraged to see these first steps, like the ban on PFAS in military firefighting, but this legislation dropped important measures to stop the poisoning of American communities,” said Sonya Lunder, Senior Toxics Advisor at the Sierra Club. “The EPA’s job is to protect our health, and they have pushed this problem under the rug for decades. Now, Congress must demand it limit emissions to our air and water, and clean up PFAS contamination.”

“It is critical for Congress work to hold the military accountable-- a key provision that was left out of this NDAA. We need an investigation into the role of the military polluting my community, hiding the evidence, and dragging its feet on clean up. People have died, and civilians, veterans, children, and many more have survived horrific health effects from these chemicals,” said Liz Rosenbaum of the Fountain Valley Clean Water Coalition. “Our government and elected officials must stop the delay. This contamination is poisoning our communities. We will keep fighting for our families, and Congress must do the same.”

“My community of Port Arthur, Texas is already one of the most vulnerable communities in the nation-- hosting refineries, chemical manufacturing facilities and chemical disposal sites. Our cancer rates are the tenth highest in the country. Congress is putting a target on our back by allowing PFAS contaminated wastes to be shipped to Port Arthur from all over the country for incineration,” said Hilton Kelley, founder and director of the Community In Power and Development Association. “These shipments will further exacerbate our existing critical pollution problems that disproportionately impact our community members. When will Port Arthur get a break?” 

“PFAS contamination continues to harm my community of Oscoda.  The Air Force has contaminated our water and our wildlife, and after years of delay, there is still no plan to clean it up.  The same crisis in my community is happening countrywide, and we cannot delay action any longer. The NDAA takes some important steps on PFAS, but it fails to give communities the critical protections they need. For our families, for our children and for future generations, Congress and the President must urgently establish health protective safeguards to ensure expedited cleanup action,” said Anthony Spaniola, an attorney and founder of the Need Our Water (NOW) community group.