Toxics

Congress’ long-simmering battle over whether to regulate perfluorinated chemicals under the Superfund law as part of the pending defense bill appears headed for a final showdown as Democrats and Republicans remain at odds over whether to include such legislation in the final measure, which is slated for release this week.

Defense Department (DOD) officials say the military will “adapt” to any policy EPA might issue that adopts stricter groundwater cleanup limits on per- and polyfluoroalkyl substances (PFAS) than what DOD recently set, a concession after DOD was criticized for preempting EPA’s plan to apply more stringent screening levels if the chemicals are not comingled.

EPA is hoping to release a host of major deregulatory measures and other policies this year, including high-profile proposals governing perfluorinated chemicals, power plant air toxics and waste releases, stormwater requirements and more, according to the agency’s latest regulatory agenda, though many of the measures have yet to begin White House review.

Supporters of legislation banning the use and importation of asbestos under EPA’s toxics authority are gearing up to advance the bill in the Senate after the House Energy and Commerce Committee voted overwhelmingly Nov. 19 to approve a bipartisan compromise, which gives the chlor-alkali industry as much as 10 years to phase-in the ban.