Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 2467, the PFAS Action Act, and I urge my colleagues to join me in voting ``no.'' The decision to oppose H.R. 2467 was not easy, but this…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to H.R. 2467, the PFAS Action Act, and I urge my colleagues to join me in voting ``no.''
The decision to oppose H.R. 2467 was not easy, but this version is not the right approach.
PFAS contamination is a serious problem in many congressional districts. That is true for me, too. My district has PFOA and PFOS contamination at Fairchild Air Force Base in Airway Heights, Washington, and I very much want it cleaned up.
I have problems, though, with H.R. 2467's overwhelming, heavy-handed, and unscientific approach. I am struggling with why this aggressive expansion of Federal power and spending is the best answer that the people's House can provide.
What does this massive proposal mean, and are we ready to go this far?
I cannot stress this enough: what we are addressing today is not about one, two, or just a handful of legacy chemicals. PFAS are, instead, an enormous and diverse class of manmade chemicals. EPA's ``Master List of PFAS Substances'' contains more than 9,000 distinct chemicals, and the definition in this bill would apply to every one of those 9,252 chemicals and their uses.
Since the late fall of 2020, Congress has enacted 31 separate provisions to address PFAS. Congress has compelled cleanup of PFAS at military installations, banned certain uses of PFAS chemicals in products, pushed cooperative agreements for cleanups with States, and authorized $500 million for removing emerging contaminants, especially PFAS, from drinking water.
Similarly, EPA has advanced nine major regulatory efforts for PFOA, PFOS, and some of the other PFAS chemicals.
EPA Administrator Regan also has commissioned a multiyear review process at EPA to consider any necessary modifications and to identify new strategies and priorities related to PFAS.
I want strong scientific backing for anything that we do to address PFAS chemicals. I am concerned that the mandates in the PFAS Action Act will frustrate EPA's existing science-based plans. This bill instead will cement policy choices with long-range implications. It will overwhelm EPA's existing resources to tackle environmental and public health challenges beyond PFAS.
The PFAS Action Act is not a measured approach. It prejudges outcomes, showing little regard for objective science, risk assessment, transparency, and public input.
For example, the bill requires EPA to make regulatory determinations within 5 years on 9,250 PFAS chemicals--and without public participation.
This impossible deadline is a lawsuit waiting to happen. It requires every manufacturer and processor to conduct comprehensive testing on all 9,252 PFAS. This will overwhelm existing domestic laboratory capacity to focus on any other scientific or public health matter.
Like it or not, some PFAS chemicals have specific properties that aren't easily addressed with other chemical types, like stability and water, oil, stain, and heat resistance. This makes them crucial in making semiconductors, lithium ion batteries in electric vehicles, solar panels, wind turbine parts, medical devices and drugs, and protective gear for our military and law enforcement.
This bill would create a hostile environment in the United States of America for their manufacture and use. It will create a de facto ban in the marketplace and a boon for trial lawyers. It prevents new PFAS from coming on to the market for 5 years. This will result in the drying up of investment in safe PFAS chemicals and PFAS product purchases. It also will signal to trial courts that all PFAS are hazardous.
It singles out PFAS manufacturers and uses a complex and expensive regulatory approach. It uses an unattainable standard to ban incineration of PFAS-contaminated material. This will federalize local trash collection and clog our Nation's remaining landfill capacity.
It attaches permanent, open-ended cleanup liability to any person who has ever been associated with PFAS, regardless of whether you were a good actor.
Mr. Speaker, cleanup liability is:
``Strict,'' so your intent is irrelevant;
``Joint and several,'' so you are not just responsible for your fair share, you are responsible for everyone's shares;
And, ``retroactive,'' so it doesn't matter if the liability occurred 5 years, 10 years, 20 years, or 50 years ago or even further back.
Given the compliance costs, the sidelining of investment, the endless liability under CERCLA, tort lawsuits, and the inability to make or finance safer replacement chemicals and products, it is not hard to see how H.R. 2467 creates a de facto ban on 9,252 chemicals. It threatens the viability of every industry that needs these chemicals and products that benefit our society.
Make no mistake, Mr. Speaker, this bill essentially bans the materials that are necessary for America to win the future. That includes protective gear for law enforcement at a time when violent crime is surging in our country.
In drafting this legislation over two Congresses, the majority never called
EPA to testify on the bill. Now we are left with the opinions of the politicians and the White House, not the career scientists and the experts who will have to implement it. So much for trust the science.
In addition, the Congressional Budget Office has had trouble scoring this bill and a nearly identical bill from last Congress. That is because there are so many PFAS chemicals, and the mandates in this bill have no limits on either the Federal Treasury or the private sector. The bill also poses a significant burden on EPA's time and the lack of additional resources EPA will have to tackle other issues critical to their mission.
We all want to have a good solution to address PFAS contamination, but this bill falls short, unfortunately.
Mr. Speaker, I urge Members to join me in opposing this approach. We can do better.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Indiana (Mr. Bucshon), an exceptional leader on the Energy and Commerce Committee and a cardiothoracic surgeon.
Mr. Speaker, I just want to clarify that the previous administration, as well as the current administration, has been taking several actions in connection with PFAS; this large group of chemicals. We are talking about 9,252 chemicals; not just one.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Walberg), a member of the committee and a problem solver.
Mr. Speaker, I yield 1 minute to the gentleman from North Dakota (Mr. Armstrong), another dynamic member of the Committee on Energy and Commerce.
Mr. Speaker, I yield 2 minutes to the gentleman from Alabama (Mr. Palmer), our policy chairman and a member of the Energy and Commerce Committee.
Madam Speaker, I yield 5 minutes to the gentleman from Texas (Mr. Crenshaw), another member of the Energy and Commerce Committee and a decorated Navy SEAL.
Madam Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Joyce), a physician and member of the Energy and Commerce Committee.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Michigan (Mr. Upton).
Madam Speaker, I yield 3 minutes to the gentleman from Arkansas (Mr. Westerman), a leader on the Natural Resources Committee.
Madam Speaker, I yield 2 minutes to the gentleman from Kentucky (Mr. Comer), the lead Republican on the Oversight and Reform Committee.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, may I inquire how much time I have remaining?
Madam Speaker, I yield myself the balance of my time.
Unfortunately, this bill is not just limited to legacy contamination. It creates a hostile environment for the manufacture and use of PFAS, present and future.
The ban in this bill is a de facto ban on 9,252 PFAS, as well as numerous lifesaving and critical products containing PFAS.
A de facto ban is a system where many suppliers of a product are allowed, but the environment is so completely hostile to its existence, that the product might as well not be made.
The aggressive, unscientific regulatory approach in this bill, coupled with its extremely limited exemptions, will create stigma and uncertainty, and that will result in increased litigation in trial courts for products containing PFAS.
If you start stacking up the negative market pressures created through:
One, increased compliance costs;
Two, limited disposal options;
Three, sidelined investments;
Four, unquantifiable and permanent liability under CERCLA;
Five, tort lawsuits aided by legislative stigma;
Six, marketplace challenges;
Seven, the inability to make or finance a safer replacement chemical or product, it is not hard to see how H.R. 2467 creates a de facto ban on 9,252 chemicals and threatens the viability of these industries and the industries that need them and the products containing them that benefit our society.
Unfortunately, this is not a new tactic. It has been done before with the war on coal under the Obama administration, and now we are seeing it with the rest of fossil fuels and any product that some decide they don't like.
The word ``ban'' may not appear, but by creating massive costs through regulatory barriers and mandates, uncertainty, and taxes, a de facto ban is created by the cost of doing business. The cost of doing business becomes too high and we, as Americans, become dependent upon other countries, dangerously dependent upon other countries. It jeopardizes manufacturing in our country, and then we wonder why people are not manufacturing in the United States.
It has been done on coal, it has been done on fossil fuels, and today it is being done on American manufacturers.
We can do better. I urge my colleagues to vote ``no'' on this bill. Let's go back, let's do better. We all want to protect clean drinking water. That is a shared goal. Let's stay focused on that goal. Vote ``no'' on this bill.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, I claim the time in opposition, and I reserve the balance of my time.
Madam Speaker, I continue to reserve the balance of my time.
Madam Speaker, I continue to reserve the balance of my time.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, we all believe that we must have clean water. Unfortunately, this is not a thoughtful or scientific approach.
H.R. 2467 is opposed by a broad diverse, collection of interests that are concerned about its aggressive, over-the-top, unforgiving, and simultaneous mandates, obligations, and expenses.
These include: The United States Conference of Mayors; National League of Cities; National Association of Counties; American Water Works Association; Association of Metropolitan Water Agencies; National Association of Water Companies; National Association of Clean Water Agencies; National Rural Water Association; Association of California Water Agencies; The Water Environment Federation; American Chemistry Council; American Coatings Association; American Forest and Paper Association; American Fuel and Petrochemical Manufacturers; American Petroleum Institute; Flexible Packaging Association; National Association of Chemical Distributors; National Association for Surface Finishing; National Council of Textile Organizations; National Electrical Manufacturers Association; National Association of Surface Finishing; National Association of Printing Ink Manufacturers; Plastics Industry Association; United States Chamber of Commerce.
Madam Speaker, I include these letters in the Record.
July 21, 2021.
Re Opposition to H.R. 2467, the PFAS Action Act of 2021.
Dear Representative: On behalf of organizations
representing the nation's municipal governments and drinking
water and wastewater systems, we write in opposition to H.R.
2467, the PFAS Action Act of 2021. While we support taking
action to reduce the prevalence of PFAS in the environment,
the legislation would run counter to the important ``polluter
pays'' principle that guides Superfund site cleanups under
the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), and would step back from the
transparent, science-based process of regulating drinking
water contaminants under the Safe Drinking Water Act (SDWA)
and clean water operations under the Clean Water Act (CWA).
We urge you to vote against this legislation in its current
form.
H.R. 2467 would require EPA to designate PFOA and PFOS as
hazardous substances under CERCLA within one year, and to
make a determination on designating all remaining PFAS within
five years. These hazardous substance designations are
intended to make sure polluters are held responsible for
paying for the cleanup of contaminated Superfund sites, which
we support. But the bill as currently structured would also
mean that municipal drinking water and wastewater utility
ratepayers could face staggering financial liability to clean
up PFAS that was legally disposed of following the water
treatment process. We believe water and wastewater utilities,
when acting in accordance with all applicable laws, should be
provided an exemption to protect the utilities and water
customers from bearing the costs of cleanup.
In the case of drinking water systems, if PFAS is removed
from source water in order to comply with a drinking water
regulatory standard, the utility then becomes the possessor
of filtration media that contain those PFAS. The utility must
then dispose of these PFAS-laden filters, typically by
sending them to a hazardous waste landfill in accordance with
applicable law. However, should that landfill ever become a
Superfund site, then the water utility could be treated as a
PFAS polluter--and be responsible for a portion of the
cleanup costs--forcing local ratepayers to cover the cleanup
bill after they already paid to remove the contaminants from
their source water.
Wastewater utilities would face similar liability through
no fault of their own because they receive PFAS chemicals
through the raw influent that arrives at the treatment plant.
This heterogenous influent can come from domestic,
industrial, and commercial sources and may contain PFAS
constituents ranging from trace to higher concentrations,
depending on the nature of the dischargers to the sewer
system. In any case, the influent is not generated by the
utility, but the utility is responsible for treating it under
scientific and regulatory authorities provided for under the
CWA. Because wastewater utilities cannot halt treating
continual industrial or domestic wastewater inputs which
likely contain PFAS in some concentration, they should be
protected through a targeted CERCLA liability exemption.
It is particularly disappointing that H.R. 2467 would offer
a CERCLA liability shield to airports that release PFAS into
the environment through their use of firefighting foam. It
defies logic that the legislation fails to extend that same
liability protection to water and wastewater systems that
have no choice but to dispose of PFAS found in water
supplies, and whose ratepayers would be ultimately
responsible for all of the costs associated with a Superfund
site cleanup. As passive receivers of PFAS, water and
wastewater utilities should be afforded the same liability
protections that the legislation would award airports in
order to keep CERCLA liability focused on the corporations
that created the pollution in the first place. Our
organizations have repeatedly asked Congress for CERCLA
liability shields in the legislation similar to those for
airports but have been rebuffed.
Additionally, many of our organizations oppose provisions
in H.R. 2467 that would amend SDWA by requiring EPA to
promulgate a national primary drinking water regulation for
PFOA and PFOS within two years, establishing a unique and
expedited drinking water contaminant regulatory process for
other chemicals in the PFAS family, and eliminating EPA's
discretion on whether to issue drinking water health
advisories related to PFAS. In sum, these changes would
undermine the development of transparent, science-based
drinking water standards, and would place undue cost burdens
on our communities and ratepayers while leading to premature
regulatory decisions that lack public review and scientific
validity.
While we share the goal of addressing PFAS contamination
and holding accountable those entities that are responsible
releasing it into the environment, H.R. 2467
would instead assign environmental cleanup liability to
innocent water systems and their customers. We have no choice
but to oppose the legislation and encourage you to vote
against it in its current form.
Sincerely,
American Council of Engineering Companies, Association of
California Water Agencies, California Association of
Sanitation Agencies, National Association of Counties,
National League of Cities, National Water Resources
Association, Water Environment Federation, American
Water Works Association, Association of Metropolitan
Water Agencies, National Association of Clean Water
Agenices, National Association of Water Companies,
National Rural Water Association, The U.S. Conference
of Mayors.