On Thursday, July 11, 2019, the House of Representatives approved amendments to the fiscal 2020 National Defense Authorization Act to address contamination from PFAS chemicals.

Per- and polyfluoroalkyl (PFAS) chemicals are colloquially known as “forever” chemicals due to their ability to build up and to persist over time. PFAS chemicals regulated under this bill have long been used to manufacture a wide range of products, like firefighting foam, cookware, stain repellents, apparel and food packaging and wrappers.
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On March 15, 2019, the House Subcommittee on Environment and Climate Change held a hearing titled, “Protecting Americans at Risk of PFAS Contamination & Exposure.” The hearing examined approaches to eliminate or reduce environmental and health risks to workers and the public from per- and polyfluoroalkyl substances (PFAS). At the hearing, there was discussion of proposed PFAS Legislation.
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EPA has shown a little love for states wanting action on per- and polyfluoroalkyl substances (PFAS). On February 14, 2019, EPA announced its PFAS Action Plan, calling it “the most comprehensive, cross- agency action plan for a chemical of concern ever undertaken by the Agency.” The Action Plan consists of 23 priority action items with the majority identified as short-term or generally taking place or expected to be completed in the next two years.
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Because of their widespread environmental presence, persistence and bioaccumulation, the group of substances known as PFAS have been described as a “Perfect Storm” of liability. The number of plaintiff’s suits concerning PFAS have spiked in the last few years. Also, EPA faces increasing bipartisan calls from Congress to adopt new drinking water standards and cleanup levels. In the interim, states are filling the void. In October 2017, the New Jersey Department of Environmental Protection  announced a maximum contaminant level (MCL) of 14 parts per trillion for PFOA. Some NGO’s have called for levels as low as 1 part per trillion.
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Each year, the National Oceanic and Atmospheric Administration’s (NOAA) Climate Prediction Center puts out a forecast for the upcoming hurricane season, stressing the dangers posed by hurricanes and the need to prepare. About this time last year, Hurricane Harvey made landfall in South Texas as a Category 4 and resulted in historic flooding. The devastating aftermath of the hurricane still continues. Preparation for and responding to incidents, such as those caused by Hurricane Harvey, has become increasingly more complex and more important than ever.
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When most Americans think about the traditions of presidential transitions, they recall the oath of office, the prior president and family leaving the White House, the inaugural parade, the balls with their beautiful gowns and sharp tuxedos, and more. What they more than likely don’t think about, much less even know about, are other happenings in the White House and in the agencies that run our government. While the peaceful transfer of power is a hallmark of the American political system, it is not without controversy, particularly where the outgoing president is a member of a different political party with remarkably different political views than the incoming commander in chief.
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Last October we saw the state of California implement its “PSM for Refineries” standard and now the state of Washington’s Division of Occupational Safety and Health is releasing draft language.  This new chapter will only apply to Process Safety Management (PSM) for petrochemical refining facilities. 
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The good news about the Process Safety Management (PSM) standard is that it is a performance-based standard. The bad news about PSM, well, is that it is a performance-based standard. While it provides the operator some flexibility on complying, it can often lead to being second-guessed by an agency. Not only does the operator have to comply with the regulations, the operator must  comply with and document compliance with relevant codes and standards or Recognized and Generally Accepted Good Engineering Practices (RAGAGEP). These include widely adopted codes such as the National Fire Protection Association (NFPA), consensus documents such as the American Society of Mechanical Engineers (ASME), non-consensus documents such as the Chlorine Institute (CI) and in most cases Internal Standards.
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