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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 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. – This week, the House Committee on Energy and Commerce is holding three Subcommittee Hearings. Read more below.

SUBCOMMITTEE HEARING: The Energy and Commerce Subcommittee on Communications and Technology is holding a hearing to discuss public safety communications in the United States.

• DATE: Tuesday, December 16, 2025
• TIME: 10:15 AM ET
• LOCATION: 2123 Rayburn House Office Building

SUBCOMMITTEE HEARING: The Energy and Commerce Subcommittee on Oversight and Investigations is holding a hearing to examine how AI and biotechnology advancements affect biosecurity and efforts to mitigate risks.

• DATE: Wednesday, December 17, 2025
• TIME: 10:15 AM ET
• LOCATION: 2123 Rayburn House Office Building

SUBCOMMITTEE HEARING: The Energy and Commerce Subcommittee on Environment is holding a hearing to discuss the current statutory and regulatory landscape for PFAS.

• DATE: Thursday, December 18, 2025
• TIME: 10:00 AM ET
• LOCATION: 2123 Rayburn House Office Building

WASHINGTON, D.C. – Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, announced a hearing titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.

“We’ve heard from many stakeholders who do not produce or use PFAS, but encounter these substances passively through their essential work managing residential waste, growing food, or bringing clean water to our homes,” said Chairmen Guthrie and Palmer. “Federal actions have caused concerns about potential liability in the wake of EPA’s designation of two PFAS chemicals as hazardous substances under the Superfund law. This hearing is an opportunity to assess the current statutory and regulatory landscape for PFAS and consider what steps Congress may need to take to respond to these concerns.”

Subcommittee on Environment hearing titled Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.

WHAT: Subcommittee on Environment hearing to discuss the current statutory and regulatory landscape for PFAS.

DATE: Thursday, December 18, 2025

TIME: 10:00 AM ET

LOCATION: 2123 Rayburn House Office Building

This notice is at the direction of the Chairman. The hearing will be open to the public and press and will be live streamed online at energycommerce.house.gov. If you have any questions concerning the hearing, please contact Jackson Rudden with the Committee staff at Jackson.Rudden@mail.house.gov. If you have any press-related questions, please contact Ben Mullany at Ben.Mullany@mail.house.gov.

WASHINGTON, D.C . – Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, delivered the following opening statement at today’s markup of seven bills. Subcommittee Chairman Palmer’s opening statement as prepared for delivery: “Welcome to today’s Environment subcommittee markup of seven (7) bills to improve the process for establishing and implementing the National Ambient Air Quality Standards and to streamline environmental reviews and the New Source Review pre-construction permitting program under the Clean Air Act. “No one questions that the Clean Air Act has been important in helping to improve air quality since the law was first enacted more than half a century ago. However, the law has not been significantly amended since 1990 and has not kept pace to meet the economic and security risks facing this country. “The commonsense permitting reforms contained in these seven bills are needed to improve the Clean Air Act so the United States can continue to be the world leader in economic prosperity, technological innovation, and environmental quality. “At subcommittee hearings in June and September, we heard testimony from several witnesses that the air quality standards for fine particulate matter and ozone that were issued by the Biden-Harris administration will stifle economic growth and be nearly impossible for states and regulated industries to meet because they are so close to background levels and that decisions on whether a state is meeting the standards should not be impacted by pollution caused by wildfires and from international sources outside of the state’s control. “We also heard testimony from top state environmental regulators that several of the deadlines in the Clean Air Act are impossible for EPA and states to implement. For example, several witnesses said it would make sense to extend the timeframe for reviewing air quality standards from every five years, as it is in current law, to every 10 years.  “We also heard testimony from multiple witnesses that the current pre-construction permitting and environmental review provisions of the Clean Air Act can slow down or even block construction of high-tech manufacturing and energy projects that we need more of in this country to win the race for critical minerals and advanced semiconductors against China. “The seven bills that we will be marking up are: “H.R. 6409, Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) (Rep. Pfluger). This bill would clarify that foreign air pollution is not to be considered when deciding if a State or air district is meeting an air standard. “H.R. 4218, Clean Air and Economic Advancement Reform (CLEAR) Act (Rep. Carter) This bill makes several improvements to the process for establishing and implementing the air quality standards program under the Clean Air Act. "H.R. 4214, Clean Air and Building Infrastructure Improvement Act (Rep. Allen) This bill clarifies when a new air standard has to be factored into preconstruction permits under the Clean Air Act. “H.R. 161, New Source Review Permitting Improvement Act (Rep. Griffith) This bill clarifies what kind of construction or modifications of existing facilities would trigger permitting under the Clean Air Act. “H.R. 6373, Air Permitting Improvements to Protect National Security Act (Rep. Palmer) This bill would allow the President to waive the requirement that facilities that are critical to our national security – including critical mineral processing facilities -- offset emissions as part of the permitting process. “ H.R. 6398, Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act (Rep. Joyce) This bill would streamline the environmental review and permitting process. “The passage of these bills will go a long way toward improving our infrastructure and making permitting more predictable and cost-effective. Some of these bills include ideas that we have considered in previous years, but some of them offer creative solutions based on feedback we have received. “I urge all of my colleagues to support these pieces of legislation, and I yield back.” ###

WASHINGTON, D.C. – Today, Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, led a markup of several bills to reform permitting under the Clean Air Act. “No one questions that the Clean Air Act has been important in helping to improve air quality since the law was first enacted more than half a century ago. However, the law has not been significantly amended since 1990 and has not kept pace to meet the economic and security risks facing this country,” said Chairman Palmer. “The commonsense permitting reforms contained in these seven bills are needed to improve the Clean Air Act so the United States can continue to be the world leader in economic prosperity, technological innovation, and environmental quality.” Legislative Vote Summary: H.R. 6409 , the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act, was reported to the full committee, by a roll call vote of 14 Yeas to 11 Nays. H.R. 4218 , the Clean Air and Economic Advancement Reform (CLEAR) Act, was reported to the full committee, by a roll call vote of 14 Yeas to 10 Nays. H.R. 6387 , the Fire Improvement and Reforming Exceptional Events (FIRE) Act, was reported to the full committee, by a roll call vote of 13 Yeas to 10 Nays. H.R. 4214 , the Clean Air and Building Infrastructure Improvement Act, was reported to the full committee, by a roll call vote of 12 Yeas to 10 Nays. H.R. 161 , the New Source Review Permitting Improvement Act, was reported to the full committee, by a roll call vote of 12 Yeas to 11 Nays. H.R. 6373 , the Air Permitting Improvements to Protect National Security Act, was reported to the full committee, by a roll call vote of 12 Yeas to 10 Nays. H.R. 6398 , the Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act, was reported to the full committee, by a roll call vote of 12 Yeas to 10 Nays. Watch the full markup here . Below are key excerpts from today’s markup: Congressman Buddy Carter (GA-01) on H.R. 4218, the Clean Air and Economic Advancement Reform (CLEAR) Act: “This is not about choosing between the environment and development. This is about common sense. We should not penalize states that are impacted by events out of their control, and they should not be penalized for taking action to prevent exceptional events. Georgia is a top state for business in America. It has been for 12 years. Even with our growth, Georgia's air has never been cleaner since monitoring began years ago. As our witnesses stated in legislative hearing we had on this bill, if we give our state officials the time they truly need to implement regulations, while also ensuring that they are not punished for background levels from natural sources, we can have lasting, meaningful policy and economic growth.” Congressman August Pfluger (TX-11) on H.R. 6409, the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act: “Back home in my district in the Permian Basin, we saw this play out recently when the Biden EPA floated a possible non-attainment designation that created real uncertainty. Even the hint of non-attainment sends a signal that permits could slow down, costs could rise, and long-term planning becomes harder for producers and communities alike at no fault of their own. That experience made it clear that these designations are too consequential to get wrong. Local communities should not be burdened by regulatory consequences tied to emissions that come from foreign sources or unavoidable natural events. The FENCES Act levels the playing field, sets the table for fairness, and it's about giving states regulatory certainty. It's about keeping American industries competitive while still upholding environmental standards.” Congressman John Joyce, M.D. (PA-13) on H.R.6398, the RED Tape Act: “This bill eliminates the requirement for the EPA to conduct a duplicative review and publicly comment on other agencies Environmental Impact Statements. This legislation keeps in place the initial environmental review required for federal projects and regulations under NEPA. It simply eliminates a bureaucratic and redundant secondary review that only serves to further delay the permitting and construction of critical projects. In order for America to remain competitive in the global economy, we must take steps to ensure timely and predictable outcomes for any new projects or regulations.” ###

WASHINGTON, D.C.  – This week, the House Committee on Energy and Commerce is holding one Full Committee Hearing and two Subcommittee Markups. Read more below. SUBCOMMITTEE MARKUP: The Energy and Commerce Subcommittee on Environment will hold a markup of seven bills to reform permitting under the Clean Air Act.  DATE: Wednesday, December 10, 2025   TIME: 10:15 AM ET  LOCATION: 2123 Rayburn House Office Building SUBCOMMITTEE MARKUP: The Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade will hold a markup of 18 bills to protect children and teens online.  DATE: Thursday, December 11, 2025  TIME: 10:15 AM ET  LOCATION: 2123 Rayburn House Office Building FULL COMMITTEE HEARING: The Committee on Energy and Commerce is holding a Member Day Hearing to allow all Members of the House of Representatives an opportunity to testify before the Committee. DATE: Friday, December 12, 2025 TIME: 9:00 AM ET LOCATION: 2123 Rayburn House Office Building ###

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, announced a subcommittee markup of seven bills. WHAT : Subcommittee on Environment markup of seven bills. DATE: Wednesday, December 10, 2025 TIME: 10:15 AM ET LOCATION: 2123 Rayburn House Office Building Items to be considered: H.R. 6409 , Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) (Rep. Pfluger) H.R. 4218 , Clean Air and Economic Advancement Reform (CLEAR) Act (Rep. Carter) H.R. 6387 , Fire Improvement and Reforming Exceptional Events (FIRE) Act (Rep. Evans) H.R. 4214 , Clean Air and Building Infrastructure Improvement Act (Rep. Allen) H.R. 161 , New Source Review Permitting Improvement Act (Rep. Griffith) H.R. 6373 , Air Permitting Improvements to Protect National Security Act (Rep. Palmer) H.R. 6398 , Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act (Rep. Joyce) This notice is at the direction of the Chairman. The hearing will be open to the public and press and will be live streamed online at  energycommerce.house.gov . If you have any questions concerning the hearing, please contact Jackson Rudden with the Committee staff at  Jackson.Rudden@mail.house.gov . If you have any press-related questions, please contact Ben Mullany at  Ben.Mullany@mail.house.gov .

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, applauded the introduction of four bills that provide commonsense reforms to rein in outdated and overburdensome Clean Air Act (CAA) regulations that have stifled American manufacturing and growth without delivering promised environmental protections. The Air Permitting Improvements to Protect National Security Act, led by Chairman Gary Palmer (AL-06), the Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act, led by Congressman John Joyce, M.D. (PA-13), the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act, led by Congressman August Pfluger (TX-11), and the Fire Improvement and Reforming Exceptional Events (FIRE) Act, led by Congressman Gabe Evans (CO-08), address excessive regulatory red tape under the CAA that creates bottlenecks, delays investment, and slows our nation’s ability to compete with China. “Meaningful permitting reform cannot be accomplished without modernizing the Clean Air Act. Our Committee is working to end the suffocating regulatory state that the Biden-Harris Administration sought to entrench, ultimately halting manufacturing and driving investments overseas,” said Chairman Guthrie. “These bills will cut through the red tape that has hurt American businesses and workers, while still ensuring strong air quality protections. If we want to win the AI race against China, deepen our global leadership in advanced manufacturing, and continue onshoring more investment, we will need to be able to build the needed infrastructure, facilities, and power generation—these bills will help us to achieve these goals. Thank you to Chairman Palmer, Chairman Joyce, Congressman Pfluger, and Congressman Evans for leading the introduction of these important bills.” “Manufacturing and critical mineral facilities that are essential to our economic stability and national security are currently being delayed due to permitting gridlock caused by burdensome regulations,” said Chairman Palmer. “This amendment to the Clean Air Act is long overdue. It’s time we remove unnecessary roadblocks so that we can adequately support domestic production while also ensuring we are protecting future generations’ environment and quality of life.” “Simply stated, more efficient project approvals will create new Pennsylvania jobs,” said Congressman Joyce, M.D. “ I’m proud to introduce the RED Tape Act and offer a commonsense solution to eliminate redundant federal approvals that delay economic growth and job creation.” “American companies are being unfairly penalized for pollution originating outside the United States. We’ve seen how even the mention of a nonattainment designation, like when the Biden EPA threatened to redesignate the Permian Basin, can create significant uncertainty for businesses and communities,” said Congressman Pfluger. “These designations delay permits and hurt economic growth, while failing to address the very problem they are trying to solve. My bill restores commonsense by preventing the EPA from punishing states for pollution they didn’t cause – including foreign emissions, cross-state transport, wildfire smoke, and mobile-source emissions outside their control. I’m proud to lead this bill as another major step in modernizing and strengthening America’s broken permitting system.” “A leading reason for the affordability crisis facing Coloradans is red tape around air quality permitting. When the economy is strangled under the weight of costly, poorly designed ozone attainment standards, jobs are lost, prices spike, and financial stress increases negative health outcomes,” said Congressman Evans. “Clean air is important to everyone, but Colorado jobs should not be penalized for emissions outside of their control — whether it's Canadian wildfires or Chinese pollution. My bill, the FIRE Act, is a common-sense solution that will drive down costs for working families in Colorado by clarifying that Clean Air Act benchmarks should not be used to punish jobs and hamstring the economy for things like prescribed burns or out-of-state wildfire smoke.” Background: Air Permitting Improvements to Protect National Security Act The Clean Air Act requires pre-construction permits for major sources of emissions and pollution, but Section 173 of the Clean Air Act currently includes a provision allowing offset requirements to be waived for rocket engines or motors, which are essential for national security.   This bill expands that authority to include advanced manufacturing facilities and critical minerals facilities, which are vital to strengthening America’s supply chains and national defense.   Under the bill, the President may determine that an advanced manufacturing facility or a critical minerals facility is exempt from offset emissions credit requirements. An advanced manufacturing or critical mineral facility may also receive an exemption to the offset requirements if it can show offsets are not readily available and that the facility is working to maximize emissions reductions.   Importantly, these facilities would still be required to meet all other Clean Air Act permitting requirements, ensuring continued environmental protections. Reducing and Eliminating Duplicative Environmental Regulations (RED Tape) Act   Under current law, the EPA conducts a second review and publicly comments on the environmental impacts of other federal agencies’ projects and regulations, even where the EPA has participated in the initial environmental review. This has created redundancy and adds a costly, duplicative, and unnecessary layer of bureaucracy.  Agencies that prepare environmental impact statements already have the expertise to evaluate their own projects. Adding a full and secondary review creates duplication and delays in the system.    The RED Tape Act would eliminate the EPA’s burdensome requirement to provide duplicative feedback on other agencies’ environmental impact statements under NEPA. Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act   States across the country are being unfairly penalized for pollution that originates beyond U.S. borders, including from natural events like the Canadian wildfires. Under current law, states can adjust their air quality plans if foreign emissions affect their ability to meet federal air standards.   However, recent EPA guidance has limited permissible adjustments only to human-caused emissions, creating unnecessary hurdles for states and industries already working to comply with the Clean Air Act.  The FENCES Act clarifies that all foreign emissions, whether natural or human-caused, are excluded when determining whether a state meets national air quality standards or when reviewing new facility permits. The bill also allows states to account for foreign emissions earlier in the process, rather than waiting until all other requirements are complete. Fire Improvement and Reforming Exceptional Events (FIRE) Act   The FIRE Act ensures that states are not punished for smoke and emissions they cannot control, while still maintaining strong environmental protections. It provides clarity and predictability for air quality planning, reduces unnecessary regulatory burdens on manufacturers and communities, and rewards proactive wildfire mitigation that protects public health and improves future air quality.   The legislation updates Section 319(b) of the Clean Air Act to clarify how emissions from wildfires, prescribed burns, and other exceptional events are treated in federal air quality reviews. It strengthens states’ coordination with the EPA to ensure timely, transparent exceptional-event determinations. ###