The PFAS Action Act of 2023 establishes various measures to address the issue of perfluoroalkyl and polyfluoroalkyl substances (PFAS), including their designation as hazardous substances, setting testing standards, and implementing water regulations and grant programs. The Act also focuses on prohibiting unsafe practices and labeling products to help identify PFAS-free options.

The section mandates the Administrator of the Environmental Protection Agency (EPA) to label certain harmful chemicals as hazardous substances within 60 days of the act's passage and to assess whether more chemicals should be designated as hazardous within five years. Additionally, it requires the EPA to report to Congress on cleanup efforts, including site details and discrepancies between different types of contamination sites.

The section mandates new rules for testing perfluoroalkyl and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. It requires the Environmental Protection Agency (EPA) to create clear protocols and deadlines for testing these chemicals, ensuring that manufacturers provide necessary information about their hazards and risks, and allows exemptions only when information is duplicate.

The section amends the Toxic Substances Control Act to require manufacturers and processors of certain chemical substances known as PFAS to submit samples or standards for these chemicals to the government. The government may use these samples for developing safety protocols and for enforcement, prioritizing substances that are highly toxic or have high production volumes.

The amendment to Section 5 of the Toxic Substances Control Act states that most perfluoroalkyl and polyfluoroalkyl substances (PFAS) are excluded from certain requirements unless used for specific scientific or medical purposes. It also mandates that for the next five years, these substances are presumed to pose an unreasonable risk to health or the environment, leading to a prohibition on their manufacture, processing, and distribution.

The section amends the Safe Drinking Water Act to require the Environmental Protection Agency (EPA) to create regulations for specific chemicals called perfluoroalkyl and polyfluoroalkyl substances (PFAS), which can be found in drinking water. It outlines the procedures for establishing these regulations, including timelines for public input and enforcement, and includes exceptions for when penalties can be imposed for non-compliance.

Congress has amended the Safe Drinking Water Act to ensure that at least 2% of the funds available for addressing emerging contaminants are reserved for the U.S. territories, such as the Virgin Islands, Northern Mariana Islands, American Samoa, and Guam, with a special focus on tackling substances like perfluoroalkyl and polyfluoroalkyl.

The text establishes a program to provide grants for community water systems affected by PFAS (perfluoroalkyl or polyfluoroalkyl substances) to help with the costs of implementing effective treatment technologies. The program prioritizes systems that serve disadvantaged communities, contribute cost-sharing, and demonstrate maintenance capacity, with funding authorized from 2024 through 2028.

The section establishes a program to help community water systems dealing with PFAS contamination by providing grants to cover treatment technology costs, prioritizing systems serving disadvantaged communities or those offering cost-sharing. It also defines key terms and sets a budget of $500 million annually from 2024 to 2028 for this purpose.

The section establishes a program for giving grants to states, Indian tribes, and nonprofit organizations to help schools and child care centers test for and reduce harmful chemicals called perfluoroalkyl and polyfluoroalkyl substances (PFAS) in their drinking water. It also outlines rules for applying for these grants, how the funds can be used, and requirements for making test results publicly available.

The School PFAS Testing and Filtration Grant Program requires the Administrator to establish a grant program within a year of enactment to help States, Indian Tribes, schools, and nonprofits test for harmful chemicals in drinking water and install effective filtration systems where needed. Grants are available to eligible applicants to cover the costs of testing, installing, and maintaining filtration systems, as well as safely disposing of old equipment, with specific requirements for public transparency and a limitation on using grant funds for administrative costs.

The section mandates the Environmental Protection Agency Administrator to explore ways to prevent GenX from polluting ground and surface waters, especially those used for drinking.

The section outlines the establishment of a website by the Environmental Protection Agency within one year, which will provide information on testing household well water, including details on inspectors, certified laboratories, specific contaminants, treatment options, financial assistance, and health risks. The website will be accessible to those with limited English proficiency, and the agency will collaborate with other federal and state entities, with $1,000,000 authorized for funding in fiscal year 2024.

The legislation mandates that the Environmental Protection Agency (EPA) must add specific chemicals, perfluorooctanoic acid and perfluoroactanesulfonic acid, along with their salts, to the list of hazardous air pollutants within 180 days of the act's enactment. Additionally, the EPA is required to consider adding more perfluoroalkyl and polyfluoroalkyl substances to this list within five years and must update its list of pollution sources to include these substances within 365 days of any final rule.

The new amendment to the Solid Waste Disposal Act requires that materials containing harmful chemicals known as PFAS must be incinerated in a way that ensures these chemicals are completely eliminated while minimizing air pollution. Additionally, these materials must be safely stored before disposal, and penalties will apply if these rules are violated.

The section mandates that within one year of the law's enactment, the Administrator of the Environmental Protection Agency must update the Safer Choice Program to ensure products labeled "Safer Choice" do not contain PFAS, or create a voluntary label for products without PFAS. It also defines “covered product” as various household items, and “PFAS” as a certain type of chemical substance.

The section makes it illegal for the owner or operator of an industrial facility to release any perfluoroalkyl or polyfluoroalkyl substances (PFAS) into a treatment facility without first informing the facility’s owner or operator about the type and amount of the substance and whether it can be treated safely. Violating this rule is treated the same as breaking certain pollution control regulations.

The Administrator of the Environmental Protection Agency is required to create a plan to inform the public about the dangers of certain chemical substances, known as perfluoroalkyl and polyfluoroalkyl substances. This plan should include sharing information about risks in areas like land and water, educating people on how they might be exposed, and learning from states with successful communication strategies.

The section requires the Environmental Protection Agency (EPA) Administrator to establish water quality criteria and effluent limitations for chemicals known as PFAS within certain timeframes and to provide grants for treatment facilities to comply with these standards. It also defines key terms and limits how funds can be used to prevent them from being linked to tax-exempt obligations.