Subcommittees

WASHINGTON, D.C. – Today, Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, led a hearing titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.

“CERLCA was enacted in 1980 to facilitate the cleanup of the most contaminated sites around the country and to establish a scheme to hold liable for cleanup costs the parties responsible for that contamination. Superfund imposes strict, and joint and several liability on parties,” said Chairman Palmer. “In other words, a responsible party could be responsible for the entire cost to cleanup a contaminated site even if its contribution to the pollution was minimal.”

Watch the full hearing here

Below are key excerpts from today’s hearing:

Congressman John Joyce, M.D. (PA-13): “CERCLA was established to hold polluters liable for the cleanup of chemical contamination that they caused. This polluter pays liability framework is helpful in many instances where there is a need for expensive environmental cleanups, so that the party that generated or released the hazardous substance can be held responsible for the associated costs. However, the liability established by CERCLA does not stop with the polluters. Under the statute’s liability framework, any person who has had incurred costs related to the remediation of hazardous substances can file suit against not just polluters, but so-called passive receivers. These passive receivers are not involved in the initial generation or discharge of hazardous chemicals, but might receive water, soil or other materials containing such substances. Given how common the use of PFAS is, the 2024 final rule designating two PFAS chemistries as hazardous substances creates a system where many passive receivers will be drawn into costly legal proceedings for contamination that they bear little or absolutely no responsibility for having created.”

Congresswoman Mariannette Miller-Meeks (IA-01): “As the Representative from Iowa, I take seriously our responsibility to protect public health and the environment while also ensuring that federal policies are fair, clear, and feasible in Iowa. Clean water affects our farmers, our rural communities, our drinking water systems, and our local employers, as well as families. Many of the entities now worried about the circle of liability like water utilities, wastewater facilities, landfills and farmers, who responsibly apply biosolids, did not create PFAS but could still be swept up in a liability scheme that is retroactive, strict, joint, and several. Cost to passive receivers is only one piece of the problem. We should also explore options that support swift remediation and provide the liability certainty necessary for American industry to focus on solutions that allow them to continue to invest in the US, rather than endless courtroom battles. At the same time, we should be encouraging innovation and American ingenuity. Iowa agriculture is already helping lead the way with promising alternatives to PFAS, including soy-based fire suppressants made from soybean meal. These kinds of homegrown solutions can reduce reliance on legacy chemicals, create new markets for farmers, and strengthen our economy without heavy handed mandates from Washington.”

Congressman Buddy Carter (GA-01): “This is certainly an important hearing, and Mr. Chairman, I applaud you and thank you for holding it. […] We've established the fact that PFAS are used in a number of different areas and a number of different things, and consumer products and industrial purposes. And oftentimes they're used in life saving devices, electronics and firefighting foams. I'm going to touch on that in just a second, but while they're essential for everyday life and many life saving devices, its very complex nature makes the cleanup and the disposal difficult. So, I want to talk about the practicality of how we deal with this. I'm not denying we need to deal with it, I just want to talk about the practicality.”

WASHINGTON, D.C. – Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, delivered the following opening statement at today’s hearing titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.

Subcommittee Chairman Palmer’s opening statement as prepared for delivery:

“Welcome to today’s hearing before the Subcommittee on Environment. This year, we’ve revisited some of our country’s most important environmental laws and confronted emerging challenges in protecting our environment and promoted a regulatory climate that encourages innovation and economic growth.

“Among other things, we’ve identified shortcomings with the administration of the Toxic Substances Control Act that delay newer, safer chemistries from reaching consumers; explored opportunities to revitalize brownfields sites for crucial infrastructure projects; evaluated the state of technologies to improve our recycling systems; and passed common-sense Clear Air Act reforms.

“Today, we are examining EPA’s decision last year to designate two PFAS chemistries—PFOA and PFOS—as hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as ‘CERCLA’ or the Superfund law. CERLCA was enacted in 1980 to facilitate the cleanup of the most contaminated sites around the country and to establish a scheme to hold liable for cleanup costs the parties responsible for that contamination. Superfund imposes strict, and joint and several liability on parties.

“In other words, a responsible party could be responsible for the entire cost to cleanup a contaminated site even if its contribution to the pollution was minimal. CERCLA includes exemptions as well as defenses to liability for certain parties such as ‘bona fide prospective purchasers’ and ‘innocent landowners,’ as they are referred to. However, in the context of the hazardous substance designations for PFOA and PFOS, there are concerns that the existing exemptions and defenses may not adequately protect a class of parties commonly known as ‘passive receivers’ who did not manufacture or use PFOA or PFOS, but may have acquired, used, or disposed of material containing these chemicals. Today, we will examine the impacts of potential liability for PFAS contamination on these entities. Congress has clarified and expanded liability protections before, such as by passing the Small Business Liability Relief and Brownfields Revitalization Act in 2002. We will consider how concerns about PFAS liability may deter a range of economic activities and whether changes to CERCLA, or other legislative action, are needed.

“Additionally, at our March hearing on reauthorization of the Environmental Protection Agency’s (EPA) Brownfields Program, we discussed the tremendous potential of the estimated 450,000 brownfields sites in our country for housing important infrastructure such as power generation, semiconductor manufacturing facilities, and data centers.

“We hope to examine whether concerns about liability for PFAS hinder the redevelopment of these sites.

“To this end, we welcome Susan Bodine, who previously served as Assistant Administrator for the Office of Solid Waste and Emergency Response at EPA during the George W. Bush Administration and then as Assistant Administrator for the Office of Enforcement and Compliance Assurance in the first Trump Administration, in addition to senior staff roles in both the House and the Senate.

“We are also joined by Lawrence Falbe, Chair of the International Council of Shopping Centers Environmental and Land Use Policy Committee. Mr. Falbe will share his experience on how potential PFAS contamination impacts real estate transactions for those seeking to reuse those sites.

“Next, Emily Donovan joins us a co-founder of Clean Cape Fear, a grassroots community advocacy organization focused on the presence and impact of certain PFAS in communities. We also welcome Tracy Mehan, who represents the American Water Works Association and served as EPA Assistant Administrator for Water, also during the George W. Bush Administration. I thank all of our Members and witnesses for being here, and I look forward to today’s discussion.”

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Dan Crenshaw (TX-02), issued a statement following House passage of H.R. 498, the Do No Harm in Medicaid Act—legislation that prohibits federal Medicaid dollars from going toward specified gender transition procedures for individuals under the age of 18.

“The Do No Harm in Medicaid Act helps strengthen, sustain, and secure our Medicaid program by ensuring federal Medicaid funding is not used for medically unnecessary care for minors,” said Chairman Guthrie. “I’m thankful to my colleague, Representative Dan Crenshaw, for his diligent work in protecting our nation’s children. It’s our duty as members of Congress to support our fellow Americans—especially our most vulnerable—by prohibiting valuable and finite taxpayer dollars from continuing to fund controversial, life-altering gender transition procedures for individuals under the age of 18.”

“Using Medicaid for unscientific, irreversible procedures on minors is an abominable betrayal of our most vulnerable,” said Rep. Crenshaw. “This is a crucial step in protecting our children from the depraved actors that would do them harm.”

Background on H.R. 498:

• H.R. 498, the Do No Harm in Medicaid Act, prohibits federal Medicaid funding for specified gender transition procedures for individuals under the age of 18.
• The House also passed this bill as a provision within H.R. 1, the budget reconciliation bill, on May 22, 2025.
• The Congressional Budget Office estimates that H.R. 498 would reduce direct spending for Medicaid and CHIP by $445 million over the 2026-2035 period.
• Publicly available polling has consistently indicated that Americans oppose providing children with puberty blockers and irreversible surgeries.
• The U.S. Department of Health and Human Services (HHS) announced today a series of proposed regulatory actions to carry out President Trump’s Executive Order directing HHS to end the practice of sex-rejecting procedures on children that expose young people to irreversible harm, including pharmaceutical or surgical interventions that attempt to align a child’s physical appearance or body with an asserted identity different from their sex.