Inhofe Questions Witness on Clean-Up of PFAS-Contaminated Materials

This week, U.S. Sen. Jim Inhofe (R-Okla.), senior member of the Environment and Public Works (EPW) Committee, questioned Mrs. Brenda Mallory, Chair of the Council on Environmental Quality, on the Biden Administration's delay of the disposal of Per-and Polyfluoroalkyl Substance (PFAS)-contaminated materials by the Department of Defense.

Inhofe:Thank you, Mr. Chairman. And it's good to see you again as I've already mentioned to you.

Chair Mallory, I have two requests and they're not related to each other, they're separate. Let me start with the first one. Just so there's not any misunderstanding, just what I'm asking for, I'm actually going to read it, so I have a record of what I'm saying, alright? DOD is legally responsible for the clean-up of PFAS contamination that they caused. In order to clean up the contamination, they need to dispose of - the best way to do so is incineration. DOD is ready to incinerate PFAS waste, but has been told by someone in the administration not to do it.

The two questions I would have is, first of all, who is telling them that they can't release their incineration guidance? And the second thing is, if they can't incinerate, how do you propose they dispose of PFAS contaminated materials? You're from the right area to respond to those questions, I believe. What would be your response?

Mallory:Ok. Thank you, Senator, for that question. PFAS is obviously a really important issue that the administration is spending a fair amount of time on, and specifically in my office I am chairing a interagency policy council that is focused on trying to coordinate the PFAS activities that are occurring all across the government.

From the campaign, until right when the president issued early executive orders, PFAS and the need to address it has been a high priority for them. One of the things I'm trying to do within the interagency policy form is to make sure the agencies are working together as they are identifying what are the actions and tools that are necessary in order to make sure that we are meeting the challenge of PFAS.

I mean, we are in a place with PFAS where the science is still evolving, the standards still need to be put into place. There are a variety of technical things that need to happen. Meanwhile, there are families and people who are being harmed every day. And so, trying to make sure that we're able to move in a way that allows for the agencies to address the issues and address them in a way that is responsive to the health concerns of the community is important.

Incineration is an issue. I know EPA and the guidance they issued - I believe it was last year - talked about incineration being among the things where it's an approach but it's one that we have to be very careful about because of the air quality impacts that are associated with that. And so, I know we are talking to DOD about the studies that they have underway and getting additional information about the work in incineration and PFAS and that is part of an ongoing discussion.

Inhofe:Now, it's my understanding that New York has already crossed that bridge. They made a statement as to any dangers having to do with this. And so, that study has been going on, I assume, for quite some time. And so, I just want to find out when this is going to be resolved.

Right now, if you leave it the way that you're stating it there, and it's something that you don't like in the first place, and therefore it's going to take you a while - I guess, how long is this going to take so you're going to be able to clean this up?

Mallory:Well, so first of all Senator, I think we are spending real effort in trying to get the agencies to work together around this issue. I think that-

Inhofe:But your agency is an agency that has the responsibility to resolve this problem.

Mallory:And what I'm saying is we're gathering the information that's going to make that possible. The New York study that you made reference to, I think that there are other studies that we are not able to make available at this point, that the DOD has done. And we want to see what those studies look like, which I think will be this summer.

Inhofe:So, if this is the only study that has been done - is this the only study that has been publicized?

Mallory:I don't know the answer to that question, but I'm happy to get back to you on that.

Inhofe:Well, there's not a lot of time to get back, because we have to do something with this right now. Nothing is being done and I came to this meeting because it's apparent the White House that is stopping this, or delaying it. Is it being stopped or delayed? Can you inform me as to the status of this?

Mallory:What I can say about it, Senator, is that we are having conversations with DOD about this guidance. I did not perceive us as stopping or even delaying it, but we are having conversations with them about what is their plan and what's necessary to address this issue.

Inhofe: But aren't you precluding them from doing the clean up?

Mallory:What I asked DOD to do was to pull together the information so that we can have a briefing for everyone about what their plan is. I did not preclude them from doing anything.

Inhofe:Alright then. When would that - give me a time frame of this? This is an inconvenience issue, I understand, for DOD. We have things that we need to be doing, and we need to be using this technology that has been acceptable, and we just want to get to the bottom of where we are today, how much time it's going to take to accomplish the different things you are trying to determine, and where we're going to be with this.

Mallory:Well, thank you Senator, for the question. I will definitely get back to you with what the status is. I will say the DOD actually was arranging for - and I think we were assisting in arranging for - a meeting. I'm not sure if it's scheduled yet.

Inhofe:Alright. I know my time has - I have one other issue I want to talk about, so let me wind this up real quick here. You have nothing here today, you'll be able to share with me, in terms of when we'll be able to clean up this mess.

Mallory:No Senator, I will definitely be getting back to you on this. It might be today but it won't be while I'm sitting here.

Inhofe:Alright, you made that clear. How long do you think it will be? Give me a time frame.

Mallory:Well, I commit to you that we'll get back to you, certainly by the end of the week where we are on the issue.

Inhofe:Ok, that's good. Now, my other issue, I'll bring up on the second round.

Carper:And I would just ask that you keep both majority and minority staffs in the loop in your response to Senator Inhofe and his staff on this issue.

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