Legislative Update: Bipartisan Efforts Propel WRDA 2024 Forward in House

Bipartisan Efforts Propel WRDA 2024 Forward in House 

The House Transportation and Infrastructure Committee successfully advanced the 2024 Water Resources Development Act (WRDA, H.R. 8812) with a notable bipartisan vote of 61-2. Committee Chair Sam Graves (R-MO) emphasized the bill’s significance in maintaining the integrity of water infrastructure, which is crucial for the economy and public safety. The committee approved a manager’s amendment introducing several technical adjustments to the bill.

Additionally, the bill introduces practical reforms to the Corps that enhance the authority of non-federal project sponsors, boost project transparency, and expedite project delivery. The bill mandates that the Corps monitor National Environmental Policy Act (NEPA) documents for water resource projects via their online permitting dashboard. Furthermore, the legislation initiates a new program to aid non-federal entities in accessing Corps resources to facilitate the study and construction of new projects.

During the markup process, committee leaders managed to prevent the adoption of numerous potentially contentious amendments, ensuring the bill remained non-controversial. The Senate Environment and Public Works Committee has already approved its version of the WRDA bill (S. 4367). The House and Senate leadership aim to move their respective measures through their chambers in the coming weeks. This effort is driven by a desire to protect the widely supported biennial water resources bill from becoming entangled in election-year politics.

Industry Supports National Recycling Reform Bill With a Caveat on California’s Standards

Senator Jeff Merkley (D-OR), Chairman of the Senate Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee, is collaborating with industry and environmental groups to draft a federal bill regulating recycling labels on food service products, beverage containers, and consumer packaging. This second draft of the Senator’s Truth in Labeling Act of 2024 aims to create uniform national standards for labeling products as compostable, recyclable, or reusable, potentially preempting California’s 2021 law (S.B. 343) that imposes strict criteria for using the “chasing arrows” symbol.

Members of the American Institute for Packaging and the Environment (AMERIPEN) support national standards but insist on preempting state laws like California’s so as to avoid a patchwork of state regulations.  In their June 14 letter providing feedback to Merkley, the organization argues that the lack of preemption would let states enforce the federal law, and multiple state regulations cause compliance difficulties and consumer confusion. AMERIPEN is also concerned with how much administrative and rulemaking authority might be granted to the EPA in the bill.

Starting next year, products in California must meet minimum recycling thresholds to use the recycling symbol. State Senator Ben Allen, the law’s author, opposes preemption efforts and encourages federal adoption of similar standards.  Other states, including New Jersey, Massachusetts, Virginia, and New York, are considering similar measures.

While the Senator’s office has not committed to preemption, the bill has garnered support and opposition from various stakeholders, highlighting the debate over state versus federal control in recycling regulation. Still in the early stages, the legislation faces uncertainty in an election year.

Debate Heats Up in Congress Over Government Funding Timeline Amid Election Year

The Senate has already left Capitol Hill for its Independence Day recess, while House lawmakers spent this week blitzing through some work before the holiday.  Unfinished business includes a full Senate vote on the annual defense authorization bill (NDAA) and annual Appropriations bills.  Senate Appropriations Chair Patty Murray (D-WA) announced that the Senate plans to mark up its FY2025 spending bills when they return from recess the week of July 8, despite not reaching a bipartisan deal on topline allocations.  The allocations Murray chooses to announce will likely be subject to change but will allow subcommittee staff to begin writing the bills.

Murray has struggled to reach a deal as Democrats decry the Fiscal Responsibility Act (FRA) caps, claiming they undermine the bipartisan deal that previously boosted nondefense allocations. Republicans want to go over a defense spending cap included in last year’s debt limit law, while Democrats press for increased nondefense programs.

As Congress approaches the Sept. 30 deadline for its funding bills for fiscal year 2025, discussions about a potential stopgap measure to prevent a government shutdown have surfaced.  Some conservatives, optimistic about former President Trump’s chances of winning the upcoming election, propose extending the stopgap beyond January to allow Trump, if elected, to influence government funding decisions. This approach avoids a lame duck session where outgoing officials might push through an extensive omnibus spending package. However, others within the Republican Party, including Appropriations Chairman Tom Cole (R-OK), caution against this strategy, citing past experiences where similar efforts did not significantly increase leverage. The debate continues as the House and Senate work through their appropriations processes, with some Democrats firmly opposing any delay into 2025.

EPA Faces Budget Reductions While Maintaining Staffing Levels

The Environmental Protection Agency (EPA) is grappling with a challenging fiscal environment due to significant budget cuts proposed by the Republican-led House. Despite a nearly $1 billion reduction in its fiscal 2024 budget, the EPA aims to maintain staffing levels, targeting over 15,000 employees. This effort comes amid the Biden administration’s push to expand the agency to manage increased workloads from major climate and infrastructure laws. The budget reduction primarily impacts the Superfund program, though reinstated “polluter pays” taxes are expected to mitigate some effects. Other crucial programs, including Environmental Programs and Management and Science and Technology, also face cuts, compelling the agency to make difficult choices in resource allocation.

To address these financial constraints, the EPA has requested to reprogram $5 million to support chemical reviews, legal work, international commitments, and sustainable community research. The agency’s operating plan emphasizes balancing payroll needs with program support, a task made more complex by high federal employee pay raises under the Biden administration. Despite the budget cuts, the EPA has not proposed layoffs, relying instead on strategic adjustments and additional funding from recent legislative acts. The agency’s largest union supports maintaining staffing levels, highlighting the necessity of an “all hands on deck” response to climate change. However, future funding remains uncertain, with potential further reductions in fiscal 2025.

EPA Announces TSCA Reforms to Streamline New Chemical Reviews

On June 26, EPA chemicals chief Michal Freedhoff announced enhancements to the agency’s process for prioritizing and evaluating existing chemicals under the Toxic Substances Control Act (TSCA) and reforms to its new chemical reviews to improve transparency and tighten worker protection requirements. Speaking at an annual conference on TSCA implementation, Freedhoff detailed plans to publish more information on chemicals considered for prioritization, enabling earlier feedback and utilizing improved tools for scientific study selection. The EPA will continue using a “rolling approach,” releasing a list of 25-30 “candidate” chemicals annually, from which five will be selected for prioritization each year, starting with more detailed data availability this summer. These changes aim to address longstanding calls for a formal pre-prioritization step in the TSCA process, enhancing the agency’s ability to manage chemical risks effectively.

Later in her speech, Freedhoff outlined reforms in the TSCA new-chemicals office aimed at improving stakeholder tracking of pending reviews, swiftly identifying data gaps, and enhancing worker protections in consent orders. The updated consent orders will now require manufacturers to provide these documents and OSHA hazard communication materials to workers, contractors, and their labor representatives.

New requirements include written hazard communication programs, labeling, safety data sheets, and training for employees and contractors. The EPA also posted the updated boilerplate document on its website, restoring and strengthening previous requirements. The agency will offer more detailed decision-making information in new chemical reviews by posting public statistics on “rework” cases and launching a “New Chemicals Division Reference Library.” An internal engineering checklist will be used to identify gaps early in the review process, expediting issue resolution.