Former EPA Office of Water Head Testifies in Senate
On November 20, the former U.S. Environmental Protection Agency (USEPA) Assistant Administrator for the Office of Water, Radhika Fox, testified before the Senate Committee on Environment and Public Works. Fox testified, along with Buu Nygren, President of the Navajo Nation and Cathy Tucker-Vogel Public Water Supply Section Chief for the Kansas Department of Health and Environment, as part of the committee’s hearing celebrating the 50th anniversary of the Safe Drinking Water Act. In her testimony, Fox highlighted the actions USEPA has taken under the Biden Administration to support ensuring all communities have access to clean and safe water.

During the hearing, the topics of the Agency’s activities to address PFAS contamination in water resources and the possible adverse impacts the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) PFAS designation could have for water utilities were discussed. During her opening remarks, Ranking Member Shelley Moore Capito (R-WV) noted that it is crucial to address emerging contaminants, such as PFAS, but that it must be done using careful regulatory approaches that balance scientific rigor with practical feasibility for water systems.

On the topic of the Agency’s designation of PFOA and PFOS as hazardous substances under CERCLA, Capito noted that the designation would impose financial penalties on water utilities that are tasked with cleaning up the chemicals. Despite these utilities not creating the problem. She added that these costs would ultimately be passed down to ratepayers. Capito emphasized that to avoid this outcome, Congress must exempt passive receivers, which includes water and wastewater utilities, from CERCLA liability while holding manufacturers and primary contributors accountable.

The hearing concluded without clarification of what the committee’s next steps would be on the issue of a passive receiver CERCLA liability exemption. However, it is expected that this issue will remain a topic of concern for the committee going forward.