Charleston Leader

U.S. Senator Shelley Moore Capito, the Ranking Member of the Senate Environment and Public Works Committee, engaged in a hearing to mark the 50th anniversary of the Safe Drinking Water Act. The focus was on potential impacts of EPA's regulatory decisions on water systems and processes for setting Maximum Contaminant Levels (MCL) for PFAS.

Senator Capito addressed Cathy Tucker-Vogel from the Kansas Department of Health and Environment regarding the Environmental Protection Agency’s proposed PFAS designation under CERCLA. She questioned the potential liabilities this could impose on local water systems that are not responsible for these contaminants. Tucker-Vogel highlighted concerns about non-community water systems, such as schools, which might face enforcement issues despite EPA’s discretion on community water systems. "Water systems under the new PFAS rule will have to comply," she stated, indicating funding challenges for compliance.

The senator also queried Radhika Fox, former EPA Assistant Administrator for Water, about critiques from the Science Advisory Board concerning the process used by the Biden administration to set MCLs for PFAS. These critiques included issues like inconsistent use of studies and lack of transparency. Fox acknowledged room for improvement in regulatory processes but defended EPA's decision based on expert recommendations and recent studies showing PFAS causes cancer.

Fox mentioned there had been "robust discussion" between staff managing regulation development and the Science Advisory Board, though did not directly address all board concerns.