Provisions Embedded In NDAA Could Have Implications For PFAS Manufacturers And Users—And They Are Already Effective

On December 20, 2019, the National Defense Authorization Act of Fiscal Year 2020 (S. 1790) became law.¹ The final version of the legislation imposes new annual reporting requirements on the makers, and even the users, of as many as 160 chemical substances within the family of chemicals considered per- and polyfluoroalkyl substances (PFAS). Before being enacted, the massive bill, which was more than 1,100 pages long, was the subject of much partisan debate within the US House and Senate. The legislation went through a myriad of amendments, including additions and deletions of the various PFAS-related provisions. Some of the more controversial PFAS-related provisions ultimately were deleted from the final bill, including provisions requiring PFAS to be designated as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and requirements promulgating PFAS drinking water standards. Nevertheless, a significant