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Representatives Debbie Dingell (D-MI) and Brian Fitzpatrick (R-PA) today led a bipartisan group of 44 House members in sending a letter to Environmental Protection Agency (EPA) Administrator Lee Zeldin urging the Agency to uphold the rule designating the two most dangerous PFAS — PFOA and PFOS — as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

“After years of widespread PFAS contamination impacting communities across the country, EPA finalized a CERCLA rule last year that gives the agency stronger tools to investigate and clean up some of the most contaminated sites. Rolling back this progress would pose risks to both public health and the economy,” the lawmakers write. “If the CERCLA rule is rescinded, the financial burden of cleaning up PFAS-contaminated sites would increasingly fall on taxpayers. The Department of Defense (DOD) has already spent more than $2 billion addressing PFAS contamination from legacy uses like firefighting foam — a fraction of what will be required to remediate all impacted military sites. Delaying cleanup only allows contamination to spread further, making future efforts more costly and complex. The CERCLA rule helps ensure that the parties responsible for PFOA and PFOS pollution — including industrial actors who contributed to widespread contamination — bear the financial responsibility. Without this vital rule, communities across the country could be left footing the bill for cleanup, placing a significant burden on states, localities, and communities.”

“Further, PFAS are linked to an array of health harms, including testicular and kidney cancer, impaired fetal development, and infertility. These chemicals are extremely toxic to both the environment and the human body, and due to their strong chemical bonds, they can take years to break down,” the lawmakers continue. “Communities across the country have faced significant PFAS contamination, including in areas like Oscoda, MI, and Horsham, PA, where legacy use of firefighting foam at military sites have contaminated drinking water sources. Also, several communities across the country are living with significant contamination, and it is our duty as Members of Congress to address this crisis and protect our constituents.”

“EPA’s core mission is to protect human health and the environment. In order to fulfill that mission with respect to PFAS contamination — while also avoiding significant economic burdens on taxpayers — it is essential that the CERCLA rule remains in place,” the lawmakers conclude. “For decades, utilities and landfills have managed the treatment of hazardous substances to safeguard public health, and EPA has made clear it will exercise enforcement discretion, focusing on the worst actors responsible for serious PFOA and PFOS contamination. With nearly every American having some level of PFAS in their blood, rescinding this rule would fail to protect our communities and would undermine long-term economic progress. For these reasons, we urge you to uphold the CERCLA designations for PFOA and PFOS.”

Dingell has long led the fight against PFAS as the sponsor of the PFAS Action Act, which includes establishing a strong national drinking water standard. Additionally, Dingell has introduced the No PFAS in Cosmetics Act,  PFAS Alternatives Act, and Keep Food Containers Safe from PFAS Act. The designation of PFOS and PFOA – two of the most widely used and notoriously harmful PFAS substances – as hazardous substances by the EPA under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is a key pillar of Dingell’s bipartisan PFAS Action Act.

View the full text of the letter here.

The letter is also signed by Representatives Jake Auchincloss, Nanette Barragán, Jack Bergman, Brendan Boyle, André Carson, Troy Carter, Steve Cohen, Diana DeGette, Christopher Deluzio, Cleo Fields, Brian Fitzpatrick, Laura Gillen, Josh Gottheimer, Chrissy Houlahan, Robin Kelly, Ro Khanna, Jen Kiggans, Mike Lawler, Seth Magaziner, Jennifer McClellan, Betty McCollum, Jim McGovern, Gwen Moore, Joe Neguse, Alexandria Ocasio-Cortez, Chris Pappas, Brittany Pettersen, Chellie Pingree, Mike Quigley, Delia Ramirez, Deborah Ross, Pat Ryan, Linda Sánchez, Mary Gay Scanlon, Jan Schakowsky, Terri Sewell, Eric Sorensen, Darren Soto, Haley Stevens, Mark Takano, Shri Thanedar, Rashida Tlaib, Jill Tokuda, Juan Vargas, and Bonnie Watson Coleman.