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Senate Should Retain PFAS Provisions in Defense Bill

Sailors assigned to the aircraft carrier USS Carl Vinson and the destroyer USS Gridley practice firefighting skills and techniques by battling a simulated fire at the Bremerton International Emergency Services Training Center in Bremerton, Wash., May 15, 2019. (U.S. Navy photo by Mass Communication Specialist 2nd Class Wyatt L. Anthony)

Read the full post by Jennifer Sass (NRDC)

“Thanks to many Congressional House members, including Representatives Dan Kildee, Debbie Dingell, Andy Levin and Chairman Adam Smith, for including important health-protective Amendments to the National Defense Authorization Act (NDAA). One provision, the Dingell-Kildee amendment, in the House NDAA, which includes PFAS as ‘hazardous substances’ under the Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act, CERCLA). This important provision would address PFAS as a class of deeply dangerous substances, to help ensure that we can manage the crisis. It would make major polluters accountable for their actions, which will deter further contamination. It also provides resources to help communities clean up contamination inflicted upon them. It passed the House, and now conferees must retain this important provision in the final bill.

Scientists have learned that PFAS tend to share three problematic properties:

These highly toxic chemicals are in everything from nonstick cookware, food packaging, clothing, carpets, furniture, cosmetics, and dental floss.  The military uses firefighting foams that contain PFAS, which has contaminated communities.

Just two members of this class of toxic chemicals, PFOA and PFOS, are present in the tap water of at least 6 million Americans at levels in excess of EPA’s weak and unenforceable ‘health advisory’ for those chemicals, according to a Harvard study.

These chemicals are posing a national public health crisis. Certain PFAS exposures are linked to elevated health risks, according to studies of real-world exposures in people (CDC/ATSDR 2019):

PFAS exposure before birth or in early childhood has been associated with decreased birth weight, kidney toxicity, and immune system dysfunction…

States are waking up to the seriousness of the problem.  For example, Michigan, New Hampshire, New Jersey and several other states are taking action to crack down on PFAS contamination—but the federal government is long overdue to protect the public from these toxic chemicals.(see more from my colleague NRDC expert Anna Reade here and here)

We need to move beyond assessing this group of chemicals one by one.  And here’s why:

And we don’t want a ‘whack-a-mole’ approach, where we regulate one and it is replaced with another dangerous PFAS, rendering that regulation ineffective.

We urge the Senate to support the key PFAS provisions in the House bill and to retain this important measure that would include PFAS under the Superfund law. We also urge the conferees to include other important PFAS protections in the final NDAA (see the letter from a bipartisan group of over 160 House members urging inclusion of these measures), and to include provisions in the Senate bill that would ensure that toxic releases of PFAS are disclosed, and that PFAS are monitored in drinking water. These measures will help bring the PFAS health crisis under control…”

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