Pfas Action Act of 2021

Floor Speech

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Mr. PALLONE. Mr. Speaker, pursuant to House Resolution 535, I call up the bill (H.R. 2467) to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and ask for its immediate consideration in the House.

The Clerk read the title of the bill.

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Mr. PALLONE. 2467, the PFAS Action Act of 2021.

Mr. Speaker, H.R. 2467, the PFAS Action Act of 2021, is a comprehensive package of strategies to regulate PFAS chemicals, clean up contamination, and protect public health. I am proud to support this bipartisan bill which will deliver the tools communities across the country need to get PFAS out of our environment and out of the pathways that lead to our bodies.

PFAS are an urgent public health threat. They are toxic, persistent, and being found in the environment across the country.

Just how common are they?

A recent report from the Agency for Toxic Substances and Disease Registry concluded that ``Most people in the United States have been exposed to PFAS and have PFAS in their blood.'' That finding is pretty astounding and incredibly concerning to families across the Nation.

After all, these forever chemicals have long been linked with adverse health effects including cancer, immune system effects, infertility, impaired child development, high cholesterol, and thyroid disease.

Industry has known about these dangers for decades, but we still have no Federal protections from PFAS in drinking water, no limits on PFAS air emissions, no Federal cleanup requirements on PFAS sites, and no limits on dumping PFAS into our waterways. We don't even have labeling of PFAS ingredients to allow consumers to protect themselves.

Right now, the Environmental Protection Agency is playing catch-up after 4 years of little action by the Trump administration, but this bill will help EPA tackle the complex challenge of PFAS by taking direct action on the two most studied PFAS, PFOS and PFOA, right away, while setting a reasonable timeline to study and evaluate other PFAS. This approach puts the focus on following the science by tailoring testing to relevant subgroups of PFAS and focusing regulation on the riskiest chemicals.

Mr. Speaker, over a decade ago, PFOA and PFOS were voluntarily phased out by industry. While no longer in use, they continue to threaten public health because of widespread environmental contamination. This bill will drive environmental cleanups of that contamination and drinking water treatment, addressing the threat of PFOA and PFOS to communities across the country.

Now, all other PFAS will be tested as appropriate. And where that testing reveals risk, this bill will ensure that EPA takes timely action to prevent and mitigate environmental contamination.

In the meantime, this bill will pause the introduction of untested new PFAS while providing guidance and labels to help first responders and consumers limit their risk.

Mr. Speaker, the longer we delay action on PFAS, the worse the problem becomes. It is time for Congress to act and use every tool available to stop the flow of PFAS pollution into our environment and into our bodies.

A version of this bill was passed overwhelmingly last Congress with significant bipartisan support. It is championed--and I can't underestimate how much Representatives Dingell and Upton of Michigan have worked on this bill. I commend them for their continued leadership.

I also thank Environment and Climate Change Subcommittee Chairman Tonko and Ranking Member McKinley for their continued support.

We can't delay any longer. We should pass this bipartisan legislation today.

I urge my colleagues to vote for the PFAS Action Act so that we can finally take action on these dangerous forever chemicals.

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Mr. PALLONE. Pelosi), who has done so much to protect our environment.

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Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. McNerney).

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Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Castor), who chairs the House Select Committee on the Climate Crisis.

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Mr. PALLONE. Madam Speaker, may I inquire how much time remains on each side?

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Mr. PALLONE. I yield 1 minute to the gentlewoman from New York (Miss Rice), a member of our committee.

Miss RICE of New York. Madam Speaker, I can't believe I am about to say this, but I think what I am hearing from the majority of my friends on the other side of the aisle, with the exception of my good friend Mr. Upton, is that they just want a little more toxic chemicals in your water.

That simply cannot be true.

In my district on Long Island, we have long struggled with PFAS water contamination, and many communities have already incurred substantial remediation costs.

That is why I am pleased that the PFAS Action Act includes my provision to reimburse these local communities for their past expenses. Communities that could not wait for Federal action and redirected their resources to address this health threat should not be punished for doing the right thing.

This is a situation that the Federal Government has failed to address for decades. We have the opportunity to do it now.

I want to thank my good friends, Representatives Dingell and Upton, and the chairman of the committee for bringing this commonsense bill to the floor. I urge my colleagues to support it.

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Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentlewoman from Massachusetts (Mrs. Trahan).

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Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr. Green).

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Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from New Hampshire (Mr. Pappas).

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Mr. PALLONE. Madam Speaker, I yield myself such time as I may consume.

This comprehensive bill reflects the hard work of many of my colleagues. I want to thank some of the leaders in the House who have made this bill possible.

Representative Dingell has led this bill for several years now, never losing sight of the communities she represents who have been impacted by PFAS in their environment and in their water.

The bill builds on legislation from Representative Sean Patrick Maloney to require health effects testing on all PFAS chemicals. This critical testing forms the basis of required decisions throughout this package.

The legislation also sets a moratorium on new PFAS until EPA has the science it needs to properly evaluate them and will ensure that all new PFAS are properly reviewed before going forward. This provision was authored and led through the committee process by Representative Kuster and also reflects the hard work of Representative Dean.

Another essential piece of this bill builds on bipartisan legislation from Representatives Boyle and Fitzpatrick to set a national drinking water standard that protects public health, including the health of pregnant women, infants, and children.

The legislation also takes important steps to address air emissions of PFAS. It incorporates legislation from Representative Stevens to address PFAS emissions under the Clean Air Act and legislation from Representatives Khanna and Levin to restrict unsafe incineration of PFAS wastes, including firefighting foam.

Next, the bill includes a provision by Representative Soto to create a voluntarily PFAS-free label for cookware, so consumers can take steps to protect themselves from exposure. I also thank Representative Slotkin for her work to expand that label.

The bill includes a provision by Representative Fletcher requiring EPA to issue guidance for first responders to both minimize the use of PFAS in firefighting foam and turnout gear and also minimize their risks. That provision was improved last year with input from Representative Golden. Risks to first responders are also a very serious concern, and I thank Representative Fletcher for her work on that important issue.

Lastly, the bill incorporates two provisions related to the Clean Water Act from Representatives Delgado and Pappas. Those important provisions will protect our natural resources and stem the flow of contamination into our waterways.

Madam Speaker, I include the following documents in the Record: A letter from the Sierra Club; a letter from the United States Conference of Catholic Bishops; a letter from the Coalition of NGO's; a letter from Defense Communities; a letter from the League of Conservation Voters; and an article from Environmental Health News titled: ``The real story behind PFAS and Congress' effort to clean up contamination.'' That is an op-ed. Sierra Club, July 15, 2021.

Dear Member of Congress, On behalf of our over four million members and supporters, Sierra Club writes to express our support of H.R. 2467 the PFAS Action Act of 2021. We ask that you vote in support of this critical package and strengthening amendments.

Communities around the United States are facing grave threats to their drinking water and health due to Per- and Polyfluoroalkyl Substances (PFAS). This class of chemicals is widely used to make carpets, fabrics for furniture, Teflon coatings for cookware, paper packaging for food and other everyday materials. They're even used in firefighting foam (aqueous film forming foam; AFFF) for both civilian and military purposes.

PFAS chemicals can't be broken down in an environment and effectively poison water sources. Right now, scientists estimate that more than 100 million Americans are drinking PFAS-contaminated water. This contamination is strongly linked to cancer, immune system suppression, thyroid problems, reproductive system damage and harming of children's growth and development.

The PFAS Action Act takes critical steps in ensuring our communities are protected from dangerous chemicals. There are 9 important amendments that extend important protections against PFAS chemicals. However, two stand out as critical in dealing with PFAS contamination. First, Rep. Andy Levin's Amendment #8 to prohibit incineration of PFAS-based firefighting foams. Second, Rep. Sarbanes and Fitzpatrick's Amendment #15 which would require chemical companies to provide the analytical standards that allow chemists to measure new PFAS chemicals in people and the environment.

Everyone, no matter zip code, gender or race, deserves clean drinking water and a healthy environment. We must safeguard frontline communities from the damage of PFAS. We need to stop emitting PFAS into the environment and protect those populations most susceptible to chemical contamination--like women, children and military service members. The PFAS Action Act is an important step in that process.

Sierra Club urges you to support the PFAS Action Act. Sincerely, Michael Brune, Executive Director, Sierra Club. ____ United States Conference of Catholic Bishops, Washington, DC, July 19, 2021. House of Representatives.

Dear Representative: On behalf of the United States Conference of Catholic Bishops (USCCB) Committee on Domestic Justice and Human Development and Committee on Pro-Life Activities, we write in support of the PFAS Action Act of 2021 (H.R. 2467). This bipartisan legislation aims to reduce human and environmental exposure to toxic chemicals.

Per-fluoroalkyl and poly-fluoroalkyl substances (PFAS) are a diverse class of compounds containing thousands of individual chemicals. Useful for non-stick and water- repellent properties, certain PFAS have been integrated into numerous household products. PFAS have also been employed in firefighting foam across the United States.

PFAS are resistant to degradation and bioaccumulate in the environment and the human body. Prolonged exposure to these chemicals can cause cancer, thyroid problems, birth defects, and reproductive, developmental, and immune system disruptions. Of particular concern is a growing body of research that indicates pregnant and nursing mothers, and their children, are especially affected. Such exposure occurs through polluted drinking water, food, soil, dust and the use of consumer products manufactured using PFAS. The widespread utilization of these ``forever chemicals'' has resulted in significant environmental contamination.

The USCCB has consistently promoted integral human development, where technology and human ingenuity are directed towards the common good. Human and environmental health concerns are interconnected, and we must not forget that ``human life is itself a gift which must be defended from various forms of debasement'' (Laudato Si', no. 5). The PFAS Action Act of 2021 both upholds the dignity of human life and preserves ecological health. It regulates PFAS, enacts drinking water standards, and designates contaminated sites as eligible for Superfund cleanup.

Access to safe, potable water is an indispensable human right and government leaders have a moral responsibility to safeguard society from poisonous chemical contaminations. Addressing U.S. Congress in 2015, Pope Francis declared that ``you are called to defend and preserve the dignity of your fellow citizens in the tireless and demanding pursuit of the common good.'' We pray for your efforts to protect the life and health of mothers, the unborn, all of society, and God's creation. Sincerely yours, Most Reverend Paul S. Coakley,

Archbishop of Oklahoma City, Chair, Committee on Domestic Justice, and Human Development, United States Conference of Catholic Bishops. Most Reverend Joseph F. Naumann,

Archbishop of Kansas City, Chair, Committee on Pro-Life Activities, United States Conference of Catholic Bishops. ____ July 19, 2020. Hon. Nancy Pelosi, Speaker of the House, Washington, DC. Hon. Kevin McCarthy, Minority Leader, Washington, DC. Hon. Steny Hoyer, Majority Leader, Washington, DC. Hon. Steve Scalise, Minority Whip, Washington, DC.

Dear Speaker Pelosi, Majority Leader Hoyer, Minority Leader McCarthy, Minority Whip Scalise and members of the House of Representatives: On behalf of our millions of members and supporters, the undersigned non-governmental organizations write today to urge you to vote YES on H.R. 2467, the PFAS Action Act.

Toxic PFAS chemicals have now been confirmed in the water of nearly 2800 communities, including over 300 military installations, and studies have linked PFAS to serious health problems, including cancer. H.R. 2467 will build on the progress made in the National Defense Authorization Act for FY 2020 by restricting industrial releases of PFAS into our air and water, setting a drinking water standard for PFOA and PFOS in tap water, and by kick-starting the process of cleaning up legacy PFAS contamination by designating PFOA and PFOS as hazardous substances under the federal Superfund law.

The science is clear: PFAS have been linked to serious health problems through decades of animal, worker, and human studies. Unfortunately, EPA has failed to take steps to restrict air and water releases, reduce PFAS in our tap water, or clean up the nation's most contaminated sites. H.R. 2467 will set clear deadlines requiring EPA to do just that. Designating PFOA and PFOS as hazardous substances, as proposed by H.R. 2467, will not ban PFAS--but will instead ensure that the most contaminated sites are finally cleaned up.

We urge you to vote YES on H.R. 2467, the PFAS Action Act. Sincerely,

Alaska Community Action on Toxics, Breast Cancer Prevention Partners, Center for Environmental Health, Clean Cape Fear, Clean Water Action, Commonweal Biomonitoring Resource Center, Community Action Works, Consumer Reports, Defend Our Health, Ecology Center, Environment America, Environment North Carolina, Environmental Working Group, Green Science Policy Institute, Green CAPE.

Healthy Babies Bright Futures, League of Conservation Voters, Merrimack Citizens for Clean Water, Michigan League of Conservation Voters, Moms for a Nontoxic New York, Natural Resources Defense Council, NC Child, NC Conservation Network, Safer Chemicals Healthy Families, Sierra Club, Southern Environmental Law Center, Toxic-Free Future, U.S. PIRG, Union of Concerned Scientists, Vermont Conservation Voters, Zero Waste Washington. ____ Protect Our Defense Communities From PFAS Pollution--Designate PFOA and PFOS as Hazardous Substances July 20, 2021.

Dear Representative: Our communities host many of the hundreds of military installations that are now contaminated with the toxic ``forever chemicals'' known as PFAS. While Congress has acted to end the use of firefighting foam made with PFAS, Congress has not yet taken steps to ensure that legacy PFAS pollution is cleaned up.

To protect our defense communities from toxic pollution, we urge you to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Liability, and Compensation Act. Designating PFOA and PFOS as hazardous substances under CERCLA will ensure that the Defense Department treats PFAS pollution at military installations as a priority.

Some members of Congress have argued that designating PFOA and PFOS as ``hazardous substances'' under CERCLA will ban the use of these two chemicals from medical devices, semiconductors, lithium batteries and even surgical masks. This is not correct. First, PFOA and PFOS are no longer used in commerce. Second, designation of a chemical as a hazardous substance does not result in a ban of the chemical. Nearly 80 percent of the chemicals designated as hazardous substances are still used in commerce.

CERCLA regulates the cleanup of chemicals, not the use of chemicals. In particular, designating PFOA and PFOS as hazardous substances under CERCLA will ensure that they are a priority for clean up at military installations.

PFAS has been confirmed in the groundwater at more than 300 military installations where firefighting foams made with PFAS were used, including installations in our communities. We urge you to protect our communities from these toxic forever chemicals by voting to designate PFOA and PFOS as hazardous substances. Sincerely, Andrea Amico,

Testing for Pease, Portsmouth, New Hampshire. Anthony Spaniola,

Need Our Water (NOW), Oscoda, Michigan. Arnie Leriche,

Wurtsmith Restoration Advisory Board, Oscoda, Michigan. Art Schaap,

Tucumcari Cheese, Clovis, New Mexico. Cathy Wusterbarth,

Need Our Water (NOW), Oscoda, Michigan. Cheryl Cail,

SC Idle No More, SCIAC, Myrtle Beach, South Carolina. Deborah Brown,

Newburgh Clean Water Project, Newburgh, New York. Edward Lawson, Jr.,

Co-Chair Stewart Air National Guard, Restoration Advisory Board, Newburgh, New York. Hope Grosse,

Buxmont Coalition for Safe Water, Warminster, Pennsylvania. Jennifer Vaughan,

Brock, Texas. Jerome M Ensminger,

CDC Camp Lejeune Community Assistance, Panel, Elizabethtown, North Carolina. Jim Holmes,

Satellite Beach, Florida. Joanne Stanton,

Buxmont Coalition for Safe Water, Warminster, Pennsylvania. Kevin Ferrara,

AFS021 LLC, Woolrich, Pennsylvania. Kristen Mello,

Westfield Residents Advocating For, Themselves (WRAFT), Westfield, Massachusetts. Laura Olah,

Citizens for Safe Water Around Badger, Merrimac, Wisconsin. Lisa Cellini,

Maple Glen, Pennsylvania. Mark A. Favors, RN,

Fountain Valley Clean Water Coalition, Colorado Springs, Colorado. Mark D Sanchez-Potter,

Food and Water Watch, Newburgh, New York. Pat Elder,

Military Poisons, St. Mary's City, Maryland. Scott Crumbaugh,

Pure Aqua Tech, Alma, Michigan. Stan McCoy,

Cedar Crest, New Mexico. Stel Bailey,

Fight 4 Zero, Brevard County, Florida. Mitch Freitas,

FMT, Clovis, New Mexico. Laurene Allen,

Merrimack Citizens for Clean Water, Merrimack, New Hampshire. Shaina Kasper,

Community Action Works Campaigns, Montpelier, Vermont. Madison McCoy,

Albuquerque, New Mexico. Suzanne Schaap,

Hereford, Texas. Pamela Miller,

Alaska Community Action on Toxics, Anchorage, Alaska. ____ LCV, Washington, DC, July 20, 2021. Re: Support H.R. 2467, a critical step in protecting our health from toxic chemicals. House of Representatives.

Dear Representative, The League of Conservation Voters (LCV) works to turn environmental values into national priorities. Each year, LCV publishes the National Environmental Scorecard, which details the voting records of members of Congress on environmental legislation. The Scorecard is the nationally accepted yardstick used to rate members of Congress on environmental, public health, and energy issues and is distributed to LCV members, concerned voters, and the media.

LCV urges you to vote YES on H.R. 2467, the ``PFAS Action Act of 2021,'' which would take important steps in addressing the growing national PFAS (per- and polyfluoroalkyl substances) crisis threatening the health of millions of people across the country.

PFAS are a class of chemicals used in many everyday consumer products and industrial applications to make water and stain repellant coatings, but communities continue to discover that their drinking water, food, soil, and surroundings have been contaminated with PFAS. Also called ``forever chemicals'' in recognition of their persistence in the environment and our bodies, PFAS have been linked to numerous health problems like certain cancers, thyroid disease, neurological development issues, weakened immune systems, and more. The federal government has been slow to take the actions necessary to protect our communities, especially communities of color who bear a disproportionate impact from this lack of response.

H.R. 2467 will take critical steps forward that are needed to reduce PFAS use, clean them up, and hold polluters accountable for the damage to our health and the environment. The bill would require the Environmental Protection Agency (EPA) to set a drinking water standard for PFOA and PFOS within two years, designate PFOA and PFOS as hazardous air pollutants, limit industrial discharges of PFAS into waterways, and provide funding for water treatment. Additionally, it would provide consumers with knowledge of products containing PFAS by adding PFAS to the EPA's Safer Choice Program. H.R. 2467 also would designate PFOA and PFOS as hazardous substances and make a determination on other PFAS within five years--key to holding polluters accountable and ensuring that our nation's most contaminated sites are finally cleaned up.

Again. we urge you to SUPPORT H.R. 2467, which will take critical steps in tackling the PF AS crisis, as well as all pro-environment amendments. We will strongly consider including votes on this legislation in the 2021 Scorecard. If you need more information, please contact a member of our government relations team. Sincerely, Gene Karpinski, President. ____ Environmental Health Sciences--The Real Story Behind PFAS and Congress' Effort To Clean Up Contamination: Op-ed By Jim Jones

Former EPA official Jim Jones sets the record straight on `the forever chemical' as lawmakers take up the PFAS Action Act Jim Jones

When the U.S. House of Representatives takes up the bipartisan PFAS Action Act this week, some members of Congress may contend that the bill would ban some uses of PFAS.

In particular, some members of Congress may argue that designating PFOA and PFOS as ``hazardous substances'' under the Comprehensive Environmental Response, Liability, and Compensation Act, or CERCLA, will ban the use of these two chemicals from medical devices, semiconductors, lithium batteries and even surgical masks.

This is not correct. PFAS & PFOS no longer used in commerce

First, PFOA and PFOS are no longer used in commerce.

As an Assistant Administrator for the EPA, I was involved in the implementation of a 2006 stewardship agreement with the chemical industry to phase out the use of these two members of this class of fluorinated chemicals. Simply put, as a result of this agreement, PFOA and PFOS are no longer used in these products or take make these products. Hazardous substance

Second, designation of a chemical as a hazardous substance does not result in a ban of the chemical.

A quick review of EPA records reveals that nearly 80 percent of the chemicals designated as hazardous substances by Congress since the law was passed in 1980 are still used in commerce. That's because CERCLA does not force manufacturers to stop using chemicals. Sulfuric acid, one of the most widely used chemicals in commerce, has been designated as a hazardous substance for more than 40 years. Many other chemicals designated as hazardous substances are used in many products, including medical devices.

CERCLA regulates the cleanup of chemicals, not the use of chemicals. A different statute, the Toxic Substances Control Act, or TSCA, governs the use of chemicals. Critical step to clean up PFAS & PFOA

Simply put, no one--not Congress, not the states, not the EPA--is trying to ban PFOA and PFOS by statute.

So, if Congress is not trying to ban PFOA and PFOS, why then does the bipartisan PFAS Action Act designate them as hazardous substances?

Designating PFOA and PFOS as hazardous substances is a critical step in efforts to accelerate the clean-up process at contaminated sites, especially Department of Defense installations. Firefighting foam contamination

PFAS has been confirmed in the groundwater at more than 300 military installations where firefighting foams made with PFAS were used. Congress directed the DOD to end the use of these PFAS-based foams in 2020, but efforts to clean up legacy contamination at these bases has not yet been undertaken.

Designating PFOA and PFOS as hazardous substances will ensure that the DOD treats these contaminants as a priority for cleanup.

That's not only reason Congress should enact the PFAS Action Act. While EPA is now treating PFAS as a priority, that has not always been the case. To guard against delay, the PFAS Action Act sets deadlines for EPA to finalize a national drinking water standard for PFOA and PFOS and to place limits on discharges of PFAS into the air and water. The bill also sets a deadline for EPA to decide whether or not to list other PFAS as hazardous substances. PFAS: Time to take action

A lot is at stake. PFAS has been detected in thousands of drinking water systems and has been linked to serious health problems. No wonder chemical companies and public health groups agree that it is time to take action to address PFAS pollution. Hopefully, members of Congress will agree as well. PFAS: Who to call

Editors note: The PFAS Action Act of 2021, by Rep. Debbie Dingell, D-Mich., is set to be debated by the U.S. House of Representatives sometime this week.

To set the record straight and voice concern that the latest science is not being considered as lawmakers debate effort to clean up our environment, contact Republican Reps. Cathy McMorris Rogers and Buddy Carter.

Jim Jones was the Assistant Administrator for the Office of Chemical Safety and Pollution Prevention for the Environmental Protect Agency from 2011 to 2017.

Views expressed are his own and not necessarily those of Environmental Health Sciences, publisher of EHN.org and DailyClimate.org.

Madam Speaker, let me just say in closing, the PFAS Action Act is a strong and balanced bipartisan bill that will make a real difference for countless communities across the country.

You have heard today that this bill may not be that necessary because the administration is already doing things, but I just point out that the administration has sent a Statement of Administration Policy saying why the President would sign this bill. So obviously, he feels that it is necessary.

And this is a quote from that Statement of Administration Policy that says, ``The administration led by the EPA is working to collaborate on cross-cutting strategies, advanced new design, develop coordinated policies, regulations and communications; and continue engagement with affected States, Tribes, communities stakeholders, and H.R. 2467 would further enhance those efforts.''

Madam Speaker, like the administration, I am proud to support this bill. I urge my colleagues to vote ``yes,'' and I yield back the balance of my time.

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