PFAS - Draft PFAS Model Legislation
Draft PFAS Prevention Model Legislation
The Northeast Waste Management Officials’ Association, Inc. (NEWMOA) invites you to submit comments on the NEWMOA Draft PFAS Prevention Model Legislation, for advancing reduction of the use of per and polyfluoroalkyl substances, commonly known as PFAS.
Over the past several months, NEWMOA and a group of state officials from the northeast has worked together to develop the Draft Model Legislation. The Workgroup included representatives of the Connecticut Department of Energy and Environmental Protection (CT DEEP), New Hampshire Department of Environmental Services (NH DES), Massachusetts Department of Environmental Protection (Mass DEP), New Jersey Department of Environmental Protection (NJ DEP), New York State Department of Environmental Conservation (NYSDEC), Rhode Island Department of Environmental Management and Vermont Department of Environmental Conservation (VT DEC). In drafting the Model, the Workgroup reviewed the latest information on PFAS, including exposure pathways to the environment and PFAS’ impacts on public health and the environment. The Workgroup reviewed both existing laws and current legislative proposals to address PFAS in consumer products. The Workgroup also reviewed states’ successful experiences with toxics in packaging passed starting in the early 1990s, mercury in production legislation passed starting in the early 2000s, and other bills related to high priority chemicals of concern passed throughout the 2000s.
The goals of this draft Model Legislation are to:
- Reduce/eliminate the use of PFAS in consumer products to the extent feasible.
- Identify and implement source reduction programs.
- Ensure that the substitutes for PFAS in products are safer and that there are no regrettable substitutes.
- Coordinate product disclosure, labeling, bans, phase-outs, source reduction, and end-of-life collection on a multi-state basis.
- Help consumers identify products containing PFAS and learn how to properly handle them.
- Provide regulated entities with regulatory certainty.
As a synthesis of numerous complementary approaches, the model provides a comprehensive framework to help jurisdictions develop more consistent approaches to addressing PFAS and PFAS-containing products. By sharing their experiences and expertise the jurisdiction agencies will avoid duplication of efforts and research, thereby saving time and money. Product manufacturers will also benefit from having more consistent requirements throughout the region and nationally.
This document presents a menu of policy options for state policy makers to consider. The draft model includes provisions and concepts that reflect current efforts to reduce PFAS use and minimize PFAS releases. The designers do not view the model as a set of provisions that must all be enacted together or at the same time. The model is designed to present a flexible set of concepts/options from which the jurisdiction policy makers can choose those that meet their jurisdictional priorities. However, it is important that jurisdictions implement their efforts as consistently as possible for each option implemented.
The Draft Model Legislation does not necessarily represent the views of individual Workgroup members or the Agencies they represent, nor is NEWMOA taking an official position regarding the legislation. However, NEWMOA has an overarching goal of the “virtual elimination of the environmental releases of PFAS into the environment.” Therefore, NEWMOA designed this draft model legislation as a comprehensive package of provisions.
NEWMOA welcomes comment on all aspects of the draft model legislation, and especially invites comment on:
- Key definitions, including the definitions for “Intentionally Added PFAS” and “PFAS Added Products”;
- The provisions in “Currently unavoidable uses of PFAS” in Section 6(c) of the draft model legislation;
- The mechanisms for funding the costs of administering the provisions of the draft model legislation, including establishment of the Clearinghouse in Section 4.
The public comment period for the Draft Model Legislation is open until June 29, 2023, midnight Eastern.
Please submit your comments and suggested edits to email@example.com.
NEWMOA held a webinar on May 10th, 2023 at 2pm Eastern to provide an overview of the Draft Model Legislation. Click here to view the webinar and download the slides.