National Defense Authorization Act Approved After Agreement to Exclude Regulation of “Forever Chemical”

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The House of Representatives and Senate impasse over how strongly to regulate per- and polyfluoroalkyl substances (“PFAS”) in drinking water and as hazardous substances under CERCLA has been resolved. The differences arose over negotiations for the reauthorization of the National Defense Authorization Act (“NDAA”).  Democrats in the house were reluctant to compromise with Senate republicans over two provisions which would have set a drinking water standard for PFOA and PFOS, and would have listed any number of thousands of PFASs under CERCLA as hazardous substances.  The resulting compromise to the NDAA directs the defense department to reduce its use of the chemicals, and to begin the investigation and cleanup of legacy PFASs on military bases.

For more information on the National Defense Authorization Act, contact Phillip Hoover.

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