PFAS Action Act of 2023

This bill requires the Environmental Protection Agency (EPA) to designate certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances under federal law, and sets deadlines for testing, regulation, and cleanup of PFAS in drinking water, air, and waste. It also creates grant programs for water systems and schools, requires labeling for PFAS-free products, and mandates disclosure of PFAS discharges to treatment works.

Sec. 2, Designation as hazardous substances: Within 60 days, the EPA must designate PFOA and PFOS as hazardous substances under the Superfund law. Within 5 years, the EPA must decide whether to designate all other PFAS as hazardous substances, and submit a report on cleanup progress.

Sec. 3, Testing of PFAS: The EPA must issue a rule requiring comprehensive toxicity testing on all PFAS chemicals, with a proposed rule due in 6 months and a final rule in 2 years.

Sec. 4, Analytical reference standards for PFAS: Manufacturers and processors of PFAS must submit analytical reference standards or samples to the EPA within 1 year, and periodically resubmit them.

Sec. 5, Manufacturing and processing notices for PFAS: For 5 years, any new PFAS chemical submitted for EPA review will be automatically considered an unreasonable risk, and exemptions from notice requirements do not apply to PFAS except for certain drug, device, or personal protective equipment research.

Sec. 6, National primary drinking water regulations for PFAS: Within 60 days, the EPA must set drinking water standards for PFOA, PFOS, PFNA, GenX, PFHxS, and PFBS, and may add alternative testing procedures later.

Sec. 7, Assistance to Territories for addressing emerging contaminants: The EPA must reserve at least 2% of certain funds for grants to U.S. territories (Virgin Islands, Northern Mariana Islands, American Samoa, Guam) to address emerging contaminants, focusing on PFAS.

Sec. 8, Establishment of PFAS infrastructure grant program: The EPA must create a grant program for community water systems to pay for treatment technologies that remove PFAS, prioritizing systems serving disadvantaged communities.

Sec. 9, School drinking water testing and filtration grant program: The EPA must establish a grant program for states and tribes to help schools and child care programs test for PFAS, install filtration systems, and safely dispose of spent filters.

Sec. 10, Investigation of prevention of contamination by GenX: The EPA must investigate methods to prevent GenX contamination of ground and surface waters, including drinking water sources.

Sec. 11, Household well water testing website: Within 1 year, the EPA must create a website with information on testing household well water, including certified inspectors, labs, state-specific contaminants, health risk levels, treatment options, and financial assistance.

Sec. 12, Listing of PFAS as hazardous air pollutants: Within 180 days, the EPA must add PFOA and PFOS to the list of hazardous air pollutants. Within 5 years, it must decide whether to add other PFAS, and then list source categories.

Sec. 13, Prohibition on unsafe waste incineration of PFAS: The EPA must regulate disposal of PFAS-containing materials, requiring incineration that eliminates PFAS while minimizing air emissions, and storage in compliance with hazardous waste rules.

Sec. 14, Label for PFAS-free products: Within 1 year, the EPA must either revise the Safer Choice label to require no PFAS in covered products (like cookware, carpets, clothing, food packaging) or create a new voluntary label for PFAS-free products.

Sec. 15, Disclosure of introductions of PFAS: Industrial sources must notify treatment works before introducing PFAS, disclosing the identity, quantity, treatability, and potential interference.

Sec. 16, Risk-communication strategy: The EPA must develop a strategy to inform the public about PFAS hazards, including risks in land, air, water, and products, exposure pathways, and mitigation measures, consulting with states.

Sec. 17, Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS: Within 3 years, the EPA must publish human health water quality criteria for PFAS. Within 4 years, it must set effluent limits for priority industry categories. It must also award grants to publicly owned treatment works to implement these standards.