Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) sent Environmental Protection Agency (EPA) Administrator Michael Regan a letter demanding additional details regarding the agency’s efforts to designate additional per- and polyfluoroalkyl (PFAS) substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

KEY LETTER EXCERPT:

“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.

“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.” 

BACKGROUND:

• PFAS are not a single chemical, but rather an entire group of 14,000 synthetic chemicals used in a wide variety of common applications.  
• On April 17, 2024, the EPA designated two PFAS substances, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under CERCLA.  
• During Administrator Regan’s appearance before the Committee on Energy and Commerce’s Subcommittee on Environment, Manufacturing, and Critical Materials, he was asked if the EPA would designate PFAS substances beyond PFOA and PFOS as “hazardous substances.” In response, he stated, “We will.” Later, the EPA stated the agency “will go through a rulemaking process” for the designation of additional PFAS chemicals as CERCLA hazardous substances. 
• Given that PFOA and PFOS are just a fraction of the entire PFAS class, the Chairs are demanding details regarding the EPA’s efforts to designate additional PFAS chemicals as hazardous substances under CERCLA, and whether they will be transparent with the public regarding those efforts.

CLICK HERE to read the full letter.