National Defense Authorization Act (NDAA) PFAS Provisions

The House and Senate have passed the 2020 National Defense Authorization Act (NDAA), which contains important PFAS provisions. Both the House and Senate NDAA had differing PFAS provisions, with the House version making PFOAs subject to CERCLA (Superfund) liability. The House-Senate agreement did not include the CERCLA provisions.

The final NDAA bill will require DOD to test firefighter blood levels for PFAS as part of their physicals; require DOD to use a new, non-fluorinated firefighting foam by January, 2023; prohibit DOD use of AFFF containing PFAS by October, 2024; and authorizes $10 million to study PFAS health impacts at NIOSH, among other provisions.

For the PFAS provisions click here

For the full NDAA Conference Report click here

It is clear that the NDAA provisions are just the beginning of Congress looking further into PFAS regulatory legislation. Please note, FAMA and FEMSA recommend member companies consult their legal departments to assess the potential impact of PFAS legislative and regulatory efforts.

If you have any questions, please contact GAC Co-chairs:

John Granby jgranby@lionprotects.com
Lee Morris lmorris@oshkoshcorp.com
David Durstine dduristine@idexcorp.com or
GAC Sr. Advisor Dave Gatton dgatton@dinitiatives.com.