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Hearing Summary
From: Squire Patton Boggs (US) LLP

Date: July 26, 2019

Subject: House Committee on Oversight and Reform, Subcommittee on Environment: “The

Devil They Knew – PFAS Contamination and the Need for Corporate Accountability”
______________________________________________________________________________

On Wednesday, July 24, the House Committee on Oversight and Reform, Subcommittee on
Environment, held a hearing titled “The Devil They Knew – PFAS Contamination and the Need for
Corporate Accountability.” During the hearing, lawmakers examined approaches to eliminate or
reduce environmental and health risks from persistent, bio-accumulative, and toxic per- and
polyfluoroalkyl substances (PFAS). Discussion particularly focused on whether manufacturers using
and discharging the chemicals should be held legally and financially accountable for the remediation
of the contamination.

The following witnesses testified during the hearing:

• Mr. Bucky Bailey, Affected Resident and Activist, Parkersburg, West Virginia
• Dr. Jamie C. DeWitt, Associate Professor, East Carolina University
• Ms. Emily Donovan, Co-Founder, Clean Cape Fear
• Mr. Glenn Evers, President, IS2 Consulting
• Ms. Jane C. Luxton, Partner, Lewis Brisbois Bisgaard & Smith LLP
• Ms. Catherine R. McCabe, Commissioner, New Jersey Department of Environmental
Protection
• Mr. Robert R. Scott, Commissioner, New Hampshire Department of Environmental
Services
• Mr. Steve Sliver, Executive Director, Michigan PFAS Action Response Team, Michigan
Department of Environment, Great Lakes, and Energy
• Ms. Sandy Wynn-Stelt, Affected Resident and Activist, Belmont, Michigan

The following Members participated in the hearing:

• Chairman Harley Rouda (D-CA)
• Rep. Rashida Tlaib (D-MI)
• Rep. Brenda Lawrence (D-MI)* • Ranking Member James Comer (R-
• Rep. Dan Kildee (D-MI)* KY)
• Rep. Debbie Dingell (D-MI)* • Rep. Bob Gibbs (R-OH)
• Rep. John Sarbanes (D-MD)* • Rep. Fred Keller (R-PA)*
• Rep. Andy Levin (D-MI)*
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*Member is not on the Subcommittee

I. Member Opening Statements

Chairman Harley Rouda (D-CA) highlighted the negative health effects caused by PFAS and
criticized large manufacturers for producing and utilizing these chemicals, despite knowing of their
potential danger. He noted that not only have these large manufacturers produced products
containing dangerous PFAS, but they also have knowingly discharged the chemicals into
groundwater. He expressed concern that even though manufacturers are not using perfluorooctane
sulfonate (PFOS) and perfluorooctanoic acid (PFOA) anymore, they are using a substitute
chemical—GenX—which research has shown may also be toxic. He stressed the importance of
addressing PFAS contamination at the federal level.

Ranking Member James Comer (R-KY) offered support for mitigating and preventing PFAS
contamination, but stressed that the almost 5,000 PFAS chemicals should not be grouped into one
category and banned without evidence they are individually harmful. He added that treating all PFAS
chemicals as toxic, without conducting proper studies, would be detrimental to many industries that
use items containing PFAS, such as hospitals and airports.

II. Witness Opening Statements

Mr. Bucky Bailey shared his story about how he has been affected by PFAS contamination. He
said his mother worked at a DuPont facility while pregnant with him, and studies have shown that
PFAS caused his physical deformities. He called for regulating PFAS under the Clean Water Act
(CWA), which would ban manufacturers from discharging the chemicals into groundwater.

Dr. Jamie C. DeWitt expressed concern that PFAS are extremely difficult to clean up after
contamination, and there is currently no affordable way to remove these chemicals from
groundwater on a large scale. She urged Congress to enact legislation that would address PFAS uses
and prevent additional PFAS contamination.

Ms. Emily Donovan discussed the high levels of PFAS, particularly DuPont’s GenX chemical, in
North Carolina water and fresh produce. She said 99 percent of the population in her community
has tested positive for PFAS contamination, and an overwhelming amount of citizens have been
diagnosed with cancer at a young age. She called for Congress to ban manufacturers from
discharging PFAS into groundwater and to classify the chemicals as hazardous substances under
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or
Superfund).

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Mr. Glenn Evers described his experiences while working at DuPont in the 1990s, specifically
mentioning incidents where DuPont was aware of adverse health effects caused by its PFAS
chemicals.

Ms. Jane C. Luxton encouraged more research prior to regulatory or legislative action, stressing the
need to determine whether PFAS chemicals are harmful to human health or the environment. She
added that PFAS chemicals should be examined individually and not grouped together in any future
regulatory and legislative actions.

Ms. Catherine R. McCabe said the New Jersey Department of Environmental Protection first
detected PFAS contamination in ground and surface water near industrial facilities in 2006. She said
New Jersey set its own maximum contaminant level for PFOA and PFOS in drinking water due to
the Environmental Protection Agency’s (EPA) inaction. She encouraged Congress to enact
legislation that would require manufacturers to publicly disclose potential health risks of PFAS
chemicals they use before being able to introduce them into commerce.

Mr. Robert R. Scott described examples of PFAS contamination in New Hampshire and noted the
state recently adopted maximum contaminant levels for PFOA and PFOS in drinking water. He
urged Congress to enact legislation that would set maximum contaminant levels of PFOA and
PFOS in drinking water at the national level.

Mr. Steve Sliver highlighted examples of PFAS contamination in Michigan and discussed actions
the Michigan PFAS Action Response Team is taking to detect and remediate the contamination. He
said the state is beginning to investigate and remediate contamination of PFOA and PFOS due to
EPA’s lack of response. He asked Congress to appropriate funds to assist states in their proactive
engagements to address PFAS contamination.

Ms. Sandy Wynn-Stelt stated her belief that her late husband’s cancer was caused by PFAS
contamination from a nearby factory owned by Wolverine Worldwide, a shoe manufacturing
company. She called on Congress to enact legislation that would hold corporations accountable and
classify PFAS as hazardous substances under CERCLA.

III. Discussion

a. Maximum Contaminant Levels

Ranking Member Comer noted the recent call for EPA to set national maximum contaminant
levels for PFOA and PFOS in drinking water. Ms. Luxton said EPA has already conducted two of
four steps to set maximum contaminant levels for PFOA and PFOS; the agency has recently
indicated its intent to take the third step in this process before the end of the year, and the final step

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to set these standards by the end of 2020. She stressed it takes years of studies and rulemaking to
ensure the limits are legally sound.

Rep. Andy Levin (D-MI) asked panelists whether further regulations should be enacted besides
EPA’s recently announced health advisories for PFOA and PFOS. Ms. McCabe said the response by
EPA concerning the chemicals is inadequate and postpones addressing PFOA and PFOS
contamination in drinking water for at least another year.

Rep. Fred Keller (R-PA) emphasized the importance of studying the potential adverse effects of
the individual PFAS chemicals instead of taking regulatory or legislative action collectively. Ms.
Luxton said the various PFAS chemicals are widely different and should be examined individually.

b. CERCLA

Rep. Debbie Dingell (D-MI) asked how classifying PFAS as a hazardous substance under
CERCLA would expedite cleanup of PFAS-contaminated sites. Ms. Donovan said such a
classification would hold polluters financially responsible for the cleanup of contaminated sites.

c. Funding PFAS Remediation

Ranking Member Comer noted EPA recently announced $3.9 million available for research grants
concerning PFAS contamination, and he asked the panel how they believe the research funds should
be spent. Ms. Donovan said the funds should be spent to identify the link between PFAS
contamination and cancer.

Rep. Brenda Lawrence (D-MI) expressed concern over PFAS contamination, stressing that local
communities and individuals often do not have the funds to access clean water.

d. Miscellaneous

Rep. Dan Kildee (D-MI) asked the panelists to discuss how PFAS contamination has changed
their communities. Panelists described their concerns over potentially consuming PFAS
contaminated water and discussed the time-consuming and costly measures they must undertake to
prevent contamination.

Rep. John Sarbanes (D-MD) asked whether the panelists believe GenX is a safe alternative to
PFOA or PFOS. Ms. Donovan said she believes DuPont was aware of the adverse health effects of
GenX when it manufactured products with the chemical.

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Chairman Rouda asked what level of access Mr. Evers had to information at DuPont that
identified adverse health effects caused by PFAS. Mr. Evers said he had full access to studies that
showed the chemicals had harmful effects on animals. Specifically, he mentioned studies that
showed the chemicals were remaining in the animals’ bodies despite DuPont’s efforts to
demonstrate they would leave the body over time.

*****

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