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Toxics

In FY21 Report, House Democrats Renew Concerns With EPA’s Agenda

Democratic appropriators in the House are reiterating and amplifying multiple concerns with EPA’s deregulatory efforts and resistance to Hill oversight, pressing the agency for action or information on numerous topics, including water contamination, toxic chemical risk assessment and agency enforcement.

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Senate approves CFATS reauthorization, House poised to follow

The Senate’s effort reauthorizes the Chemical Facility Anti-Terrorism Standards, due to expire July 13, for another three years without making any policy changes to the program.

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SAB Says Draft EPA Lead Model ‘Major Step Forward’ But Cites Weaknesses

EPA advisors reviewing the agency’s draft model for predicting lead concentrations across all ages are generally praising the agency’s effort as a major technical and public policy step forward, although some are cautioning there are significant weaknesses in the model’s software and structure and are calling for other improvements to the model.

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States, Water Utilities Warn Of Confusion With EPA’s Guidance Proposal

State water regulators and utilities are raising concerns about some aspects of EPA’s proposal to create a central repository for all guidance and to develop a formal process for developing or revising guidance, saying it is unclear which documents would be covered by the rule and that a planned 30-day comment period for guides is inadequate.

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EPA eyes new rule to codify controversial science advisor policy

EPA declined to appeal a ruling vacating the controversial policy but indicated it may seek to codify it in a new ethics regulation.

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Bayer Settles Massive Tort Litigation Over Herbicide, PCBs Claims

Pharmaceutical giant Bayer June 24 announced it is settling massive multi-faceted tort litigation brought against its subsidiary agrochemical company Monsanto, committing to pay as much as $12.12 billion to remedy claims allegedly linking cancer to its herbicide Roundup and claims from states and localities over polychlorinated biphenyl (PCB) water contamination.

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Housing industry backs EPA in defense of lead dust hazard rule

The housing industry is backing EPA’s defense of its lead dust hazard rule against environmentalists’ legal challenge, supporting the agency for not revising its lead-based paint definition.

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Appeals court rejects challenge to EPA’s dicamba cancellation order

The U.S. Court of Appeals for the 9th Circuit is letting stand EPA’s decision to allow farmers to use up “existing stocks” of the herbicide after its registration was overturned.

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Appellate Rulings May Undercut EPA Legal Claims In Cost, Science Rules

Two new federal appeals court rulings could undermine EPA’s attempt to rely on general statutory authority for two high-profile deregulatory proposals that would codify new requirements for cost-benefit analysis of air rules and restrict the use of science studies where data is not publicly available, according to some legal experts.

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States Urge EPA To Address PFAS In Industrial Stormwater General Permit

Several states are asking EPA to add requirements to its proposed industrial stormwater general permit to limit pollution from per- and polyfluoroalkyl substances (PFAS) through pollution prevention actions and monitoring requirements, with Colorado warning it may deny certification of the permit without the changes.

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