What the HR 2467 Bill Regulating PFAS Means for You

Background

On July 21, 2021 the U.S. House of Representatives passed a H.R. 2467 The PFAS Action Act, that requires the USEPA to regulate PFOA and PFOS, the most common perfluoroalkyl and polyfluoroalkyl substances by:

• Designating these two compounds as “hazardous substances” under the Superfund law within a year;
• Creating a national primary drinking water standard for PFOA & PFOS chemicals, at a minimum within two years;
• Adding PFOA and PFOS to the Clean Air Act’s hazardous pollutants list within 180 days;
• Reviewing its cleanup efforts;
• Sorting PFAS into tiered categories with testing criteria;
• Enacting a five-year moratorium on manufacturing of new PFAS chemicals;
• Mandating “comprehensive toxicity testing” on all PFAS within 2-years;
• Limiting industrial discharges of PFAS;
• Restricting incineration of PFAS wastes;
• Requiring revisions to the Safer Choice program to ensure that labels are PFAS-free for relevant products and create a voluntary PFAS-free label that can be used certifying that the product is PFAS-free;
• Creating a public website to establish public health risks for household well water testing

This bill will allocate $1 billion in grants over five years to owners and operators of publicly owned wastewater treatment facilities to implement a PFAS pretreatment standard. It also authorizes a $550 million grant program over five years to support the installation of new and existing treatment technologies.

What this means for you:

It is unlikely that the U.S. Senate will pass this bill unchanged.  No matter the outcome of this bill, PFAS laws are coming.  Companies should prepare themselves for future PFAS regulations.  Compliance may be challenging.  We can help.  Montrose has extensive experience working on various aspects PFAS projects, including: investigations, remedial design, and treatment; compliance, laboratory testing; and litigation support.  Please contact us to discuss your PFAS challenges so we can provide you with a solution to best meet your goals.