Dear Chairman Tonko and Ranking Member McKinley:
We, the undersigned organizations, strongly oppose H.R. 2467, the “PFAS Action Act.” Our organizations are committed to ensuring the safety of our employees and the communities where we live and operate. Product safety provides the foundation of consumer trust, and our members devote significant resources to achieve this effort. Every member of the value chain has an important part to play to ensure the products consumers use are safe and sustainable.
With these goals in mind, earlier this spring we sent a letter to EPA Administrator Michael Regan expressing our concerns regarding possible designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As stated then, CERCLA is not an effective policy tool to fulfill the goal of accelerating cleanup in communities and may delay cleanups already in process.
EPA has existing authority to meet the intent of this legislation and should be provided the time, resources, and flexibility to make its determination whether and how to address PFAS. This approach should be made under the new PFAS Council, consistent with sound science, and to protect human health and the environment.
Finally, a bill of H.R. 2467’s magnitude and importance deserves a hearing before going to markup. The subcommittee has not held a hearing on PFAS for approximately two years. Since that time, EPA, the Department of Defense, other federal agencies, and the states have all taken significant actions to address PFAS challenges. The subcommittee should hear from those government agencies, the business community, and other key stakeholders before members decide on the proper scope and substance of any legislation. Moreover, the committee has gained many new members who deserve an opportunity to hear from such stakeholders before making policy decisions.
We oppose the PFAS Action Act and ask the members of your subcommittee to do so as well. We stand ready to assist you throughout the legislative process.
Agricultural Retailers Association
Airlines for America
American Chemistry Council
American Coatings Association
American Forest and Paper Association
American Fuel and Petrochemical Manufacturers
American Petroleum Institute
Flexible Packaging Association
National Cattlemen’s Beef Association
National Association of Chemical Distributors
National Association of Manufacturers
National Association for Surface Finishing
National Council of Textile Organizations
National Electrical Manufacturers Association
National Oilseed Processors Association
National Mining Association
Plastics Industry Association
U.S. Chamber of Commerce
cc: Members of the House Committee on Energy and Commerce