Senator Kelly Questions EPA Nominee on PFAS Contamination and Water Regulations

PFAS Contamination in Arizona

• 💧 PFAS contamination is significantly impacting groundwater aquifers in Arizona, particularly in Phoenix and Tucson, threatening the state's water resilience.
• 🔑 The contamination makes it difficult to access backup groundwater reserves that have been banked for decades.

Success of Water Cleanup Programs

• 📊 Miss Kramer acknowledges that defining success for PFAS programs is challenging due to evolving understanding of impacts.
• ✅ She states that incremental progress is being made, and programs have successfully removed some PFAS from drinking water.
• ⏳ However, she emphasizes that significant work remains to be done after current programs expire in 2026.

Future EPA Actions on PFAS

• 🛠️ If confirmed, Mr. Donahue commits to ensuring the EPA receives the best legal advice to comply with laws like CERCLA regarding PFAS.
• ⚖️ He notes that the EPA will evaluate all its tools to address PFAS and will engage with congressional staff to inform future actions.

Polluter Pays Principle and Hazardous Substances

• 🤝 Mr. Donahue supports the polluter pays model embedded in the Superfund law for cleanup and accountability.
• ⚠️ He declines to comment directly on the designation of PFOA and PFOS as hazardous substances under CERCLA, citing it as a policy matter with potential economic liability concerns.
• 🚫 He states that the CERCLA statute does not currently allow for carveouts or exemptions for specific industries or chemicals.

Definition of "Waters of the U.S." (WOTUS)

• 🗺️ Senator Kelly expresses frustration with the changing definitions of WOTUS, which create uncertainty and impact water protections in Arizona.
• ⚖️ Miss Kramer states that future WOTUS rulemaking will follow the Supreme Court's decision in Sackett, aiming to refine ambiguous terms for durability and certainty.
• 🗣️ The EPA plans robust listening sessions and public comment periods to incorporate unique state perspectives, especially for states like Arizona with distinct water challenges.