Legislative Update: A Hearing on Microplastics, a Fourth Continuing Resolution, and an End of an Era for Senate Republicans

Senators and Witnesses Agree on the Lack of Consensus on Microplastics; More Research Necessary

Senators and expert witnesses convened at a joint Senate hearing, acknowledging the lack of consensus on the impacts of microplastics in drinking water and wastewater. While advocating for further research to comprehend potential health and environmental ramifications, some Senators cautioned against hasty reactions that could unnecessarily burden municipalities and water treatment industries.

Senator Jeff Merkley (D-OR), Chair of the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight and Alex Padilla (D-CA), Chair of the  (EPW) Subcommittee on Fisheries, Water, and Wildlife, convened the joint hearing on Feb. 27, entitled, “Understanding the Presence of Microplastics in Water.”   The panel’s experts highlighted the proliferation of microplastics in water sources, attributing their origins to various sources such as fast fashion, synthetic fibers in laundry, and plastic detergent pods. Though they recognized that research was in the early stages, concerns were raised about the toxicity of these particles as they degrade into smaller sizes, potentially posing risks to human health and aquatic and terrestrial ecosystems. Calls for increased congressional support for research and a multifaceted strategy to tackle the issue were echoed by all witnesses.

Vice President and Director of Applied Research for the water research facility Arcais emphasized the need for new techniques for analyzing microplastics in a more comprehensive way.  Other recommendations included reducing plastic usage, chemical and polymer simplification leading to the ban of some plastics, passing extended producer responsibility (EPR) legislation, and improving recycling and waste management.   Other solutions include technological innovation in filtering and capturing microplastics and producing textiles and biobased polymers that shed less and focus on biodegradability and non-toxicity.

Full Committee Chairman Tom Carper (D-DE) questioned Dr. Sherry Mason, Director of Sustainability at Penn State Behrend, who emphasized the efficacy of EPR policies in leveraging producers to opt to use more recyclable polymers over polystyrene or PVC,  thereby also bolstering the recycling industry that is currently struggling from the lack of infrastructure to sort plastics. Mason also advocated that EPS’s plastic strategy and the Break Free from Plastic Pollution Act provide good discussion starting points for lawmakers.

Chairman Merkley (D-OR), who authored the Break Free From Plastic Pollution Act (S. 3127), said in his opening statement that the issue should be setting off health “alarm bells for everyone” to find solutions while nodding to his bill for providing more funding for research on microplastics.  Chairman Padilla touted California’s leadership in being the first to require testing and monitoring of microplastics in drinking water.

But Sen. Markwayne Mullin (R-OK) Republicans stressed the importance of understanding the science behind microplastics before implementing regulations to avoid undue burdens on municipalities, citing the need for more research before implementing regulations. Fisheries and Water Subcommittee Ranking Member Cynthia Lummis (R-WY) agreed with Mullin, underscoring the existing safety priorities that water utilities are already undertaking, including PFAS, lead contamination, and infrastructure repairs.

Senator Sheldon Whitehouse (D-RI) sought recommendations for U.S. negotiators who are addressing microplastic pollution in the UN negotiations.  Dr. Mason, a member of the scientist coalition advising delegates to negotiations, said that chemical and polymer simplification and better corporate transparency as the main critical problems and specified that banning “problematic polymers” such as PVC and polystyrene a one of the biggest challenges. Mason also raised concerns about the environmental justice implications of plastic waste management and how the US is perceived to support fossil fuel companies’ shift to producing more single-use plastics.  The latter prompted Sen. Whitehouse to share his criticism of fossil fuel companies’ corporate accountability while praising Unilever’s proposal for removing a pound of plastic for every pound produced to address environmental justice concerns.

Chairman Merkley also shared his new-found concerns about using PVC pipes to replace lead pipes in water infrastructure.  Dr.  Susanne Brander, an associate professor at Oregon State University, replied, noting Beyond Plastics’ white paper on the issue but added, “To be honest, I’m not sure that it’s the first thing that I would tackle with regard to this issue” but adding that it would be preferable to replace them with copper over PVC.  Merkley responded, concluding that a large amount of research is still needed to determine how much each type of plastic sheds.

Congressional Leaders Announce an Appropriations Deal and Attempt to Pass a Fourth Continuing Resolution

House and Senate leaders announced on Feb. 28 that they negotiated a bipartisan deal to avert a partial government shutdown set for Friday.  Negotiators agreed on the text for six appropriations bills and a short-term continuing resolution (CR) extending the current two-tiered deadlines of March 1 and 8 further into March.  Notably, this would be the fourth stop-gap bill used for FY2024 appropriations.  The announcement came following a meeting between the “Big Four”–Senate Majority Leader Chuck Schumer (D-NY), Minority Leader Mitch McConnell (R-KY), House Speaker Mike Johnson (R-LA), and Minority Leader Hakeem Jeffries (D-NY)–with President Joe Biden and Vice President Kamala Harris on Feb. 27.  , described by Schumer as an “intense” session but underscored by a commitment to bipartisan cooperation in averting a shutdown.

The negotiated deal encompasses the final text of six full-year appropriations bills slated to be considered next week and voted and enacted by March 8. This package consists of the four spending bills slated to expire first–Agriculture-FDA,  Energy and Water Development, Military Construction-VA, and Transportation-HUD–along with the Interior and Commerce-Justice and Science bills.  All of the bills will adhere to the Fiscal Responsibility Act discretionary spending limits and the topline spending agreement established in January.   However, the remaining six appropriations bills – Defense, Financial Services and General Government, Homeland Security, Labor-HHS, Legislative Branch, and State and Foreign Operations – are regarded as more contentious, prompting leaders to extend the original March 8 deadline to March 22.

Despite the breakthrough agreement, the leaders face the critical task of shepherding the CR (H.R. 7463) through their respective caucuses by the looming Friday deadline of 11:59 p.m. This requires unanimous consent from all 100 Senators to pass the bill, a process that has encountered roadblocks in the past, notably from Sen. Rand Paul (R-KY).  Speaker Johnson has confirmed that the House is set to vote on the stop-gap measure on Thursday, Feb. 29.

End of an Era

On February 28, 2024, Mitch McConnell (R-KY) announced his decision to resign as Senate Republican leader in November, sparking a behind-the-scenes scramble among potential successors, including prominent figures like South Dakota Senator John Thune, Wyoming Senator John Barrasso, and Texas Senator John Cornyn.

While McConnell’s departure marks the end of an era, some Republicans see it as a chance for new leadership in a party that has evolved significantly over time. McConnell’s decision to serve out his current term until 2027 underscores his commitment to fulfilling his responsibilities, even amid shifting party dynamics. Despite disagreements within the party, McConnell’s steadfast leadership on issues like national security has earned him praise from fellow Republicans who laud his unwavering dedication to American leadership on the world stage.

EPW Examines WRDA Reauthorization

EPW Chairman Senator Tom Carper (D-DE) led a hearing on February 28 to assist with the development of the Water Resources Development Act (WRDA) of 2024, which authorizes projects, programs, and other activities under the U.S. Army Corps of Engineers Civil Works program. This biennial reauthorization includes projects of national, regional, and local significance, contributing to competitiveness, economic growth, transportation, community protection, and job creation.  Chairman Carper and Ranking Member Shelley Moore Capito (R-WV) praised past reauthorizations that have made “historic changes” to the Army Corps’ policies but also shared concerns about delays in the implementation of water resources projects.

Both Carper and Capito noted that they have received a significant number of requests for the pending legislation.  They emphasized that WRDA 2024 needs to focus on individual project solutions, including authorizing new studies or modifying existing projects while addressing technical adjustments to previous provisions to better align with congressional intent. This approach aims to ensure the Corps remains responsive to evolving water resource needs, with Capito emphasizing the importance of improving environmental reviews and permitting processes for all infrastructure projects as a priority.  Ranking Member Capito also noted the importance of improving environmental reviews and permitting processes for all infrastructure projects calling it one of her main priorities.

Lieutenant General Scott Spellmon, the 55th Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers testified about the significant strides made in water resource infrastructure through the WRDA of 2022. The legislation authorized 25 new construction projects, 94 new feasibility studies, and 131 new environmental infrastructure projects, indicating a commitment to addressing evolving national needs. He said that the WRDA 2022 facilitated critical policy transformations, allowing the Corps to adapt projects to respond to a broader range of challenges, including those arising from climate change. Moreover, the legislation aimed to prioritize the needs of small, rural, and disadvantaged communities while bolstering support for Tribal partners through enhanced flexibilities.

Supreme Court Weighs Fate of EPA’s Good Neighbor Rule  

The Supreme Court is poised to deliberate on a request to halt the enforcement of an EPA rule regarding cross-state pollution amid opposition from Republican quarters towards the Biden administration’s air quality regulations. The case, known as Ohio v. EPA, centers on challenges brought forth by Republican-led states and industry groups against regulations under the “good neighbor” provision of the Clean Air Act. This provision mandates states to ensure their emissions do not impede neighboring states’ efforts to meet air quality standards. In response, the EPA unveiled a plan in March to disapprove states’ strategies for meeting this provision while proposing its own approach for upwind states to curtail pollution.

Opponents of the EPA’s plan argue that the compliance costs are prohibitively high, leading to legal challenges and temporary halts by federal courts. Ohio Attorney General Dave Yost and other plaintiffs are seeking emergency relief, citing potential economic harm and grid emergencies stemming from the implementation of the EPA’s plan. As the Supreme Court considers the case, it does so against a backdrop of escalating Republican criticism directed at the Biden administration’s air quality standards, with legislative initiatives underway to reform the EPA’s rulemaking processes.

Proposed legislation seeks to extend the review period for air quality standards and enhance state representation in scientific committees, prompting debates between industry stakeholders and environmental and public health groups. The contention revolves around striking a balance between protecting public health and considering economic feasibility in regulatory decision-making.