This Act mandates that the Department of Defense must seek updated stormwater discharge permits requiring quarterly testing and reduction practices for PFAS chemicals at its facilities.
Kirsten Gillibrand
Senator
NY
The Department of Defense PFAS Discharge Prevention Act mandates that the Department of Defense (DOD) seek modifications to its stormwater discharge permits to include quarterly testing for PFAS chemicals. Facilities must also implement management practices to reduce these discharges unless current permits already require both actions. Furthermore, at least one percent of the DOD's annual PFAS cleanup funding must be dedicated to these monitoring and reduction efforts.
The “Department of Defense PFAS Discharge Prevention Act” is a piece of legislation focused on cleaning up pollution from military bases, specifically targeting PFAS chemicals—those notorious “forever chemicals” that have contaminated water sources near many Department of Defense (DOD) facilities. This bill mandates that within one year, the Secretary of Defense must actively seek to modify the stormwater discharge permits for every DOD facility. These changes must include two non-negotiable requirements: quarterly testing for PFAS in the facility’s stormwater runoff and the implementation of management practices or control technologies to reduce those discharges. The DOD only gets a pass if their current permit already meets both these criteria. To ensure this work gets done, the bill requires that at least one percent (1%) of the DOD’s annual budget for PFAS cleanup and remediation must be spent directly on these new monitoring and reduction activities.
For folks living near military bases, this is a big deal. Stormwater runoff often carries pollutants straight into local rivers, lakes, and drinking water sources. This bill is essentially forcing the DOD to stop the contamination at the source, rather than just cleaning up the mess later. Think of it like this: instead of just patching a leaky roof (remediation), the DOD now has to install a new gutter system and check it four times a year (monitoring and reduction). This proactive approach is a win for communities that depend on local water. For example, a town downstream from an Air Force base might see cleaner water faster because the base is now legally required to install new filtration systems and prove they work every three months. This moves the needle from general cleanup to specific, measurable prevention.
One of the most practical aspects of this bill is the funding mechanism. By earmarking a minimum of 1% of the existing PFAS cleanup budget for these new monitoring and reduction efforts, the bill ensures the work doesn’t get sidelined due to lack of funds. This dedicated funding stream means the DOD can’t claim they don’t have the money to buy the testing equipment or install the necessary filters. However, this also means that money is being reallocated from the broader cleanup budget. While 1% might seem small, it’s a guaranteed investment in prevention, but it does slightly reduce the pool of money available for existing, large-scale remediation projects, which is a trade-off taxpayers should note.
While the mandate is clear—test quarterly and reduce discharges—the bill is a little vague on the specifics of the “control technologies.” It requires the DOD to implement “the right management practices or control technologies,” which is a subjective phrase. This means the effectiveness of the bill will largely depend on the state or EPA permitting authority reviewing the DOD’s requests. If the regulators push for best-in-class filtration, great. If they settle for the cheapest option, the reduction in PFAS might be minimal. This vagueness could lead to inconsistent application across different facilities, depending on which state or regional EPA office holds the permit. Overall, though, this legislation represents a strong, necessary push toward accountability and prevention, forcing the DOD to get serious about stopping PFAS pollution before it leaves the base.