On March 6, the U.S. House of Representatives Oversight and Reform Subcommittee on Environment held a hearing on examining per- and polyfluoroalkyl substances, referred to as PFAS, and their risks.
Bipartisan momentum is buildig in Congress for legislation that would force the U.S. Environmental Protection Agency to act earlier than planned on in its recently released PFAS action plan.
PFAS are a class of toxic chemicals that are used in products ranging from nonstick surfaces and fire-retardants to waterproof fabrics. These substances and have been found in drinking water communities across the country.
Bipartisan bills have been introduced in both the U.S House and U.S. Senate (H.R. 535 and S. 638) that would direct EPA to place some of these chemicals on a list of hazardous substances. This action makes it easier to recover cleanup costs from the companies that made them.
David Ross, who heads the EPA Office of Water and is the agency’s top water regulator, testified at the hearing and acknowledged growing concern about the chemicals. He said EPA is moving toward placing PFAS on the hazardous substances list as well as enacting drinking water standards. He warned, however, against letting fears of PFAS lead to a rush into new regulations, especially given how much scientific uncertainty exists.
“Despite what’s been reported in the press, views on how to address PFAS are diverse and sometimes at odds,” Ross said. He explained that a nationwide drinking water standard for these chemicals would require every water utility in the country to perfrom quarterly testing regardless of whether they have PFAS contamination or not.
During the hearing, Rep. Harley Rouda (D-CA), chair of the Oversight and Reform Subcommittee on Environment, said he would favor going a step further and passing legislation that forces the EPA to enact legally enforceable drinking water standards.
PFAS have “been linked to numerous health problems and are extremely resistant to biodegrading, which has earned them the nickname “forever chemicals,” Rouda said. He and other lawmakers said the administration’s timelines for regulating PFAS contamination are too unspecific.
EPA has said it will make a final decision about whether or not to set a nationwide drinking water standard by the end of this year.
Earlier this year, Senate Environment and Public Works Committee leadership voiced some of the same concerns.
“The EPA’s plan for tackling a family of ubiquitous chemicals contaminating drinking water across the country lacks teeth,” said John Barrasso (R-WY), chair of the Senate Environment and Public Works Committee. He said EPA needs to take a more “decisive action” to address the contaminants.
Barrasso said his committee will hold hearings on EPA’s plan this spring. The committee’s top Democrat, Sen. Tom Carper (D-DE) also called the EPA plan “insufficiently protective” in a statement.
More recently, four Democratic senators sent letters on March 6 to EPA chief Andrew Wheeler and other cabinet officials seeking more information about the nature of the debate over PFAS within the Trump administration. In the letters, the senators specifically mention a set of guidelines EPA is developing that would detail how to clean up PFAS-contaminated groundwater. (Bloomberg BNA, 3/6/19)
The Commitee for Oversight and Reform archives the written testimony and video of it's hearings online.
