Federal Legislature

• Six new bills were introduced.
• Two bills are identical and establish a fund to compensate firefighters who have been exposed to PFAS.
• One bill seeks to prohibit the procurement of certain items containing PFOS or PFOA.

Federal Regulations

• 89 FR 20869: The Department of Defense (DoD) has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that prohibits DoD procurement of fluorinated aqueous film-forming foam containing in excess of one part per billion of PFAS, unless an exemption applies. This was implemented as an interim rule (88 FR 67604) on September 29, 2023. The final rule removes the incorrect reference to MIL–PRF–24385F(SH) in favor of stating the statutory standard of PFAS not in excess of one part per billion. The final rule also uses the term ‘‘fire-fighting agent’’ consistently throughout the DFARS text within the meaning of the statutory prohibition implemented under this rule.

State Legislature

• Thirty seven bills were introduced.
• Nine states introduced bills.
• Notable topics the legislature addressed include exemptions from PFAS-related liabilities, phased PFAS bans, and water contamination.

State Regulations

• No notable developments in state regulations