Cathy McMorris Rodgers - Chair of the House Energy and Commerce Committee | Official U.S. House headshot
Cathy McMorris Rodgers - Chair of the House Energy and Commerce Committee | Official U.S. House headshot
House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) have formally requested further information from the Environmental Protection Agency (EPA) regarding its initiative to classify additional per- and polyfluoroalkyl substances (PFAS) as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
In a letter addressed to EPA Administrator Michael Regan, the chairs expressed their concerns about the breadth of potential new designations. They emphasized the importance of the EPA's collaboration with scientific experts to ensure accurate cleanup levels for contaminated sites.
"We are particularly concerned with the scope of any new designations made by EPA, including the EPA’s ability to obtain and use the data necessary to understand the technical and economic feasibility of such a designation," they wrote. "The Agency’s purposeful cooperation with scientific experts, who know these substances, is relevant to the cleanup levels for which those sites might be subject and will, ultimately, determine how quickly these sites will be cleaned up under CERCLA’s strict, joint and several, and retroactive liability scheme. For these reasons, it is imperative this Committee follow up with you and seek additional information about the potential scope of additional actions under CERCLA to address PFAS releases."
PFAS encompass a group of 14,000 synthetic chemicals used in various applications. On April 17, 2024, the EPA designated two PFAS substances—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous under CERCLA. During an appearance before the Subcommittee on Environment, Manufacturing, and Critical Materials earlier this year, Administrator Regan confirmed that more PFAS substances would be classified as hazardous.
"We will," Regan stated when asked if additional PFAS would receive similar designations. The agency later indicated that it would initiate a rulemaking process for this purpose.
Given that PFOA and PFOS represent only a small portion of all PFAS chemicals, Rodgers and Carter are seeking transparency from the EPA on its future plans regarding other PFAS substances.
For further details or inquiries:
Main: (202) 225-3641
Press: (202) 226-4972
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