As the Trump administration rolls back environmental and public health safeguards, Congress may exempt some industries from cleaning up toxic “forever chemicals,” or PFAS, pollution.
The House Energy and Commerce Committee's environment panel will hold a December 18 hearing to address what GOP leaders call “concerns” about liability for PFAS contamination. The panel will review the Biden Environmental Protection Agency’s decision to classify PFOA and PFOS – two of the most hazardous PFAS – as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA.
A memo prepared for the hearing by Republican committee staff raises questions about the potentially negative impact of the decision on “critical uses” of PFAS and whether so-called passive industrial receivers of PFAS have suitable exemptions from liability. That’s in line with calls to shield industries from PFAS liability, letting them continue to pollute without accountability.
The EPA in April 2024 finalized its designation for PFOA and PFOS under CERCLA, also known as the Superfund law. The rule remains one of the most consequential actions taken to address widespread PFAS contamination across the country.
The designation gives regulators the authority to identify PFOA and PFOS contamination, and require reporting of chemical releases. It also crucially holds polluters financially responsible for cleanup, rather than leaving taxpayers to foot the bill.
In September, the Trump EPA reaffirmed the rule, despite legal challenges from industry groups. In court filings and a public statement, the EPA defended the CERCLA designation of PFOA and PFOS as scientifically sound and legally justified. The reaffirmation cleared the way for cleanup at hundreds of contaminated sites nationwide, including more than 600 military installations.
Seeking harmful exemptions
Industry lobbyists have long sought exemptions from costly cleanup obligations, and some in Congress appear eager to grant them. Such exemptions would undermine CERCLA’s “polluter pays” principle and open the door to more pollution and associated health harms.
The Superfund law already contains long-standing exemptions and enforcement discretion to protect non-polluters and smaller parties.
Weakening the law’s reach is a slippery slope that could let the real polluting culprits off the hook. Expanding exemptions would leave communities to bear the costs of cleaning up contamination while enabling companies to keep using and releasing toxic PFAS.
PFOA and PFOS are among the most well-studied and hazardous PFAS compounds. Once used extensively in products such as food packaging, nonstick cookware, firefighting foam and stain-resistant fabrics, they are found in the blood of virtually everyone, including newborn babies. Because they do not break down in the environment, they accumulate in water, soil and the human body.
Very low doses of PFAS in drinking water have been linked to suppression of the immune system, including reduced vaccine efficacy, and an increased risk of certain cancers. PFAS exposure is linked with increased cholesterol, reproductive and developmental problems and other health harms.
For decades, chemical giants like DuPont and 3M knew these chemicals were toxic and concealed the risks from regulators and communities. Designating PFOA and PFOS as hazardous substances is not just scientifically necessary, it is morally urgent.
Consequential conversation
The stakes are especially high as the Trump EPA pursues a broader deregulatory agenda. Against that backdrop, Thursday’s hearing represents a key test of whether Congress will defend communities exposed to PFAS or bend to industry pressure.
CERCLA is explicitly designed to prioritize cleanup of contaminated sites that pose the greatest risks to human health and the environment, particularly in vulnerable and overburdened communities.
For families living near contaminated water supplies, the outcome of the upcoming debate is not abstract. It will determine who pays for cleanup, how fast it happens and whether decades of chemical contamination are finally addressed.
For communities polluted by PFAS, the hearing may be one of the most consequential conversations Congress holds this year.
WHAT: House Energy and Commerce Committee Environment Subcommittee hearing to discuss the current statutory and regulatory landscape for PFAS
DATE: Thursday, December 18, 2025
TIME: 10 a.m. ET
LOCATION: 2123 Rayburn House Office Building
