NEMWI Publishes PFAS Issue Brief

The Northeast-Midwest Institute has published a two-page issue brief on per- and poly- fluoroalkyl substances, or PFAS. PFAS have been in use since the 1940s in a wide variety of industrial applications, including nonstick coatings on clothing and cookware, but have been shown to have adverse health effects in humans. The issue brief covers historical background and health and environmental effects of PFAS, as well as recent federal efforts to address them.

NEMWI’s issue brief program is designed to give Congressional staff valuable background information on Great Lakes issues. Together with NEMWI’s Great Lakes Primer and Orientation Program, these briefs fulfill NEMWI’s goal of providing high-quality policy education. This issue brief was written by NEMWI Intern Evan Kaye, from Dartmouth College.

Read the PFAS issue brief here.

Reported by NEMWI Intern Evan Kaye, Dartmouth College

Senate Appropriations Committee Advances More Appropriations Bills

On Thursday, the Senate Committee on Appropriations passed four more appropriations bills, bringing their total to 11 with only the Homeland Security bill left to pass. That bill had originally been scheduled for markup on Thursday as well, but was pushed back due to increased attention on the Secret Service budget. While all bills have advanced out of committee in overwhelmingly bipartisan votes, they have not yet received floor time in the Senate.

The Energy and Water Development bill would maintain FY24 enacted levels of funding for the Chicago Sanitary and Ship Canal ($17.98 million), Great Lakes Coastal Resiliency Study ($3 million), and Great Lakes Authority ($5 million), totals that are also reflected in the House bill. By contrast, the bill would provide substantially more funding for the new Soo Locks at Sault Ste. Marie, Michigan at $450.3 million compared to $257.4 million enacted in FY24 and $326.83 million in the House bill.

See NEMWI’s appropriations hub here, including appropriations reports and historical funding tables for Great Lakes programs. NEMWI will continue to follow the appropriations process.

U.S. Senate Committee on Energy & Natural Resources Marks Up Manchin-Barrasso Permitting Bill

The Senate Committee on Energy and Natural Resources advanced the nomination of Shannon Estenoz to be the Deputy Secretary of the Interior, and passed S. 4753, a permitting reform bill introduced by Senators Joe Manchin (D-WV) and John Barrasso (R-WY). The bill is a compromise measure that would speed up permitting for both green and fossil fuel energy projects.

Chair Manchin opened the meeting by establishing priorities and thanking his colleagues for their contributions to the bill, which has been two years in the making. Manchin continued to establish the relevance of this legislation by noting that permitting reform has come up in almost every previous hearing of the Committee. He acknowledged that the bill is not perfect, but said the committee did the best it could to find the balance between the wants of members and the jurisdiction of the bill. He also supported Ms. Estenoz’s nomination.

Ranking Member Barrasso then advocated for the bill. He highlighted the importance of fossil fuel permitting, stating that the bill will “guarantee future access to oil and natural gas resources on federal lands and waters.” Sen. Barrasso mentioned that this bill will mandate at least one oil and gas lease sale in the Gulf of Mexico for each year from 2025 through 2029. The bill would also permanently end the Biden Administration’s pause on new American LNG exports, which was blocked by a federal judge last month. He ended his opening statement by praising Senator Manchin for his work on the bill and the good-faith negotiations that forged it.

Other members also made statements on the bill. First was Sen. Ron Wyden (D-OR), who acknowledged the progress the committee has made on the bill. He noted the rise in investment in clean energy manufacturing, which he said not only means cleaner energy but also job creation. He praised the work done in the bill, especially with regard to transmission line permitting, but said he believes that some provisions would favor fossil fuels over renewable energy, and opposed the bill in its current form. Sen. Lisa Murkowski spoke in favor of the bill. While she said that it is not the bill she would write, especially when it comes to the hydropower title, she stated that the bill makes necessary incremental progress towards permitting reform. 

Sen. Steve Daines' (R-MT) amendment, which “ensures that foresting projects under the Healthy Forest Restoration Act are included in this bill’s section on accelerating claims,” passed 12-7 despite pushback from Sen. Manchin and others. The bill was reported in a roll call vote of 15-4.

The Committee also favorably reported Ms. Estanoz’s nomination by a vote of 16-3. Sen. Murkowski voted against Ms. Estenoz’s nomination. Her vote was not reflective of Ms. Estenoz as a person, she explained. Rather, she said, she believed that Ms. Estanoz’s nomination would not result in policy improvement from the Department of Interior regarding the needs of Alaska.

To learn more about transmission line permitting, read NEMWI’s report here.

Reported by NEMWI Intern Riley Crume, Lynn University

Senate Committee Holds Hearing on 6PPD

The Senate Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on July 31 to examine the environmental impacts of the chemical 6PPD, which is found in automobile tires.

Chair Jeff Merkley (D–OR)’s opening statement summarized what was currently known about 6PPD. The chemical is used as an additive in tires to increase durability and reduce the risk of dry rot, improving the tire’s lifespan. When tire material is worn into dust on roadways, 6PPD in the dust may react with ozone and form 6PPD-quinone (6PPD-Q), a chemical that is highly toxic to marine life. 6PPD-Q dust is easily washed into rivers and streams, posing a unique threat to aquatic species, particularly Coho salmon, which die hours after exposure. Merkely called this pollution “a disaster for our environment, our economy, and our tribes,” and stated that it was important to learn more about this issue and develop an alternative chemical for tire manufacturing.

Ranking Member Markwayne Mullin (R-OK)’s opening statement acknowledged the environmental risks but also highlighted benefits of 6PPD: Since 6PPD protects tires from cracking and blowouts, it has kept cars safer and reduced automotive crashes. Senator Mullin admitted that there were no current alternatives for 6PPD and criticized the EPA for its consistent failure to meet the deadlines set by the Toxic Substances Control Act (TSCA). For a viable alternative to be approved in a timely manner, Senator Mullin said, the EPA must streamline the chemical testing and approval process. He also argued that it was important to understand both “the science, and the cost to consumers.”

There was a panel of three witnesses: Katrina Lassiter, Program Manager at the Hazardous Waste and Toxics Reduction Program of the Washington State department of Ecology, Tracy Norberg, Executive Vice President and General Counsel of the U.S. Tire Manufacturers Association, and David Fischer, Counsel at Keller and Heckman LLP, who frequently works with clients on issues relating to TSCA.

Ms. Lassiter began by explaining that researchers first discovered 6PPD-Q in 2020 after years of searching for the cause of Coho salmon die-offs in the Pacific Northwest. 6PPD-Q, Ms. Lassiter said, was “one of the most toxic chemicals to aquatic life that has ever been identified.” When asked by Senator Merkley to explain the specifics of how 6PPD-Q kills fish, Lassiter said that researchers were not yet certain of the specific mechanism but that it tends to kill Coho salmon returning from the ocean before they spawn. Based on her department’s research, the chemical can cause near-instant mortality to Coho salmon but also impacts other species including rainbow trout. Ms. Lassiter had two main suggestions for Congress: Requiring nationwide transport projects to include stormwater control infrastructure to reduce 6PPD-Q in the environment, and an aggressive effort to search for new, safer chemical alternatives.

Ms. Norberg emphasized the ubiquity of 6PPD in the United States, pointing out that the chemical is found in every tire in the U.S. and, without it, tires would last about one-third as long as they do today. She said, “our industry has embraced the challenge of finding potential alternatives,” and explained the current progress of USTMA-led research to identify replacements: out of over 60 candidates, seven chemicals have passed the first level of review. Ms. Norberg recommended that Congress consider bioretention strategies for stormwater, rubberized pavements to reduce tire wear, street sweeping in urban areas, and increased enforcement of tire pressure requirements.

Mr. Fischer elaborated on the EPA’s timespan for evaluating new chemicals under the TSCA, saying that the average time for review and determination was 1 ½ years, as opposed to 90-180 days as dictated by the statute. When asked by Senator Mullin how he would improve the EPA’s timeline, Mr. Fischer suggested that the EPA take a “more reasonable approach” regarding insufficient data. “If they don’t have data, the defaults should be reasonable…right now, it is the worst-case scenario, which is unrealistic,” he said. He also recommended a more collaborative exchange between the submitter and EPA staff, as opposed to the current system which he called a “black box” that frustrates the submitter and prolongs the review process.

Reported by NEMWI Intern Evan Kaye, Dartmouth College

Connect With the Northeast-Midwest Institute

on Social Media

The Northeast-Midwest Institute is on social media with new updates and information on its regional research and policy education program and with announcements for upcoming briefings and events. NEMWI is posting our research reports on current regional issues and ongoing policy education on the page to make keeping up with our policy work easier than ever. The Institute also is updating the page with announcements of upcoming policy briefings and webinars. NEMWI is excited for the opportunity to connect with as many people as possible 

Please check out our LinkedIn here, our Twitter/X here, and our Facebook here. Be sure to like and follow us to keep up to date with NEMWI!