New Interim Strategy Will Address PFAS Through Certain EPA-Issued Wastewater Permits

 

 

 

New Interim Strategy Will Address PFAS Through Certain EPA-Issued Wastewater Permits

 

WASHINGTON (November 30, 2020) — Aggressively addressing per- and polyfluoroalkyl substances (PFAS) in the environment continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA). Today, the agency is announcing two important steps to address PFAS. First, EPA issued a memorandum detailing an interim National Pollutant Discharge Elimination System (NPDES) permitting strategy for addressing PFAS in EPA-issued wastewater permits. Second, EPA released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media. Together, these actions help ensure that federally enforceable wastewater monitoring for PFAS can begin as soon as validated analytical methods are finalized.

"Better understanding and addressing PFAS is a top priority for EPA, and the agency is continuing to develop needed research and policies," said EPA Administrator Andrew Wheeler. "For the first time in EPA's history, we are utilizing all of our program offices to address a singular, cross-cutting contaminant and the agency's efforts are critical to supporting our state and local partners."

"Managing and mitigating PFAS in water is a priority for the Office of Water as we continue our focus on meeting 21st century challenges," said EPA Assistant Administrator for Water David Ross. "These actions mark important steps in developing the underlying science and permitting techniques to address PFAS in wastewater where the discharge of these chemicals may be of concern."

EPA's interim NPDES permitting strategy for PFAS provides recommendations from a cross-agency workgroup on an interim approach to include PFAS-related conditions in EPA-issued NPDES permits. EPA is the permitting authority for three states (Massachusetts, New Hampshire, New Mexico), the District of Columbia, most U.S. territories including Puerto Rico, Indian Country, and certain federal facilities. The strategy advises EPA permit writers to consider including PFAS monitoring at facilities where these chemicals are expected to be present in wastewater discharges, including from municipal separate storm sewer systems and industrial stormwater permits. The PFAS that could be considered for monitoring are those that will have validated EPA analytical methods for wastewater testing, which the agency anticipates being available on a phased-in schedule as multi-lab validated wastewater analytical methods are finalized. The agency's interim strategy also encourages the use of best management practices where appropriate to control or abate the discharge of PFAS and includes recommendations to facilitate information sharing to foster adoption of best practices across states and localities.

In coordination with the interim NPDES permitting strategy, EPA is also providing information on the status of analytical methods needed to test for PFAS in wastewater. EPA is developing analytical methods in collaboration with the U.S. Department of Defense to test for PFAS in wastewater and other environmental media, such as soils. The agency is releasing a list of 40 PFAS chemicals that are the subject of analytical method development. This method would be in addition to Method 533 and Method 537.1 that are already approved and can measure 29 PFAS chemicals in drinking water. EPA anticipates that multi-lab validated testing for PFAS will be finalized in 2021. For more information on testing method validation, see https://www.epa.gov/cwa-methods.

Background

EPA continues to make progress under its PFAS Action Plan to protect the environment and human health, including:  

Highlighted Action: Drinking Water

• In December 2019, EPA accomplished a key milestone in the PFAS Action Plan by publishing a new validated method to accurately test for 11 additional PFAS in drinking water. Method 533 complements EPA Method 537.1, and the agency can now measure 29 chemicals.
• In February 2020, EPA took an important step in implementing the agency's PFAS Action Plan by proposing to regulate PFOA and PFOS drinking water.
• EPA also asked for information and data on other PFAS substances, as well as sought comment on potential monitoring requirements and regulatory approaches.
• In November 2020, EPA issued a memo detailing an interim National Pollutant Discharge Elimination (NPDES) permitting strategy for PFAS. The agency also released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media.

Highlighted Action: Cleanup

• In December 2019, EPA issued Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS, which provides guidance for federal cleanup programs (e.g., CERCLA and RCRA) that will also be helpful to states and tribes.
  • The recommendations provide a starting point for making site-specific cleanup decisions and will help protect drinking water resources in communities across the country.
• In July 2020, EPA submitted the Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS to OMB for interagency review. The guidance would:
  • Provide information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials.
  • Identify ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance.
• EPA is working on the proposed rule to designate PFOA and PFOS as hazardous substances under CERCLA. In the absence of the rule, EPA has used its existing authorities to compel cleanups.

Highlighted Action: Monitoring

• In July 2020, EPA transmitted the Unregulated Contaminant Monitoring Rule 5 (UCMR 5) proposal to the Office of Management and Budget (OMB) for interagency review. EPA anticipates proposing nationwide drinking water monitoring for PFAS that uses new methods that can detect PFAS at lower concentrations than previously possible.

Highlighted Action: Toxics

• In September 2019, EPA issued an advanced notice of proposed rulemaking that would allow the public to provide input on adding PFAS to the Toxics Release Inventory toxic chemical list.
• In June 2020, EPA issued a final regulation that added a list of 172 PFAS chemicals to Toxics Release Inventory reporting as required by the National Defense Authorization Act for Fiscal Year 2020.
• In July 2020, EPA issued a final regulation that can stop products containing PFAS from entering or reentering the marketplace without EPA's explicit permission.

Highlighted Action: Scientific Leadership

• EPA continues to compile and assess human and ecological toxicity information on PFAS to support risk management decisions.
• EPA continues to develop new methods to test for additional PFAS in drinking water.
• The agency is also validating analytical methods for surface water, groundwater, wastewater, soils, sediments and biosolids; developing new methods to test for PFAS in air and emissions; and improving laboratory methods to discover unknown PFAS.
• EPA is developing exposure models to understand how PFAS moves through the environment to impact people and ecosystems.
• EPA is working to develop tools to assist officials with the cleanup of contaminated sites.
• In July 2020, EPA added new treatment information for removing PFAS from drinking water.

Highlighted Action: Technical Assistance

• Just as important as the progress on PFAS at the federal level are EPA efforts to form partnerships with states, tribes, and local communities across the country.
• EPA has provided assistance to more than 30 states to help address PFAS, and the agency is continuing to build on this support.
• These joint projects allow EPA to take the knowledge of its world-class scientists and apply it in a collaborative fashion where it counts most.

Highlighted Action: Enforcement

• EPA continues to use enforcement tools, when appropriate, to address PFAS exposure in the environment and assist states in enforcement activities.
• EPA has already taken actions to address PFAS, including issuing Safe Drinking Water Act orders and providing support to states. See examples in the PFAS Action Plan.
• To date, across the nation, EPA has addressed PFAS in 15 cases using a variety of enforcement tools under SDWA, TSCA, RCRA, and CERCLA (where appropriate), and will continue to do so to protect public health and the environment.

Highlighted Action: Grants and Funding

• Under this Administration, EPA's Office of Research and Development has awarded over $15 million through dozens of grants for PFAS research.
• In May 2019, EPA awarded approximately $3.9 million through two grants for research that will improve the agency's understanding of human and ecological exposure to PFAS in the environment. This research will also promote a greater awareness of how to restore water quality in PFAS-impacted communities.
• In September 2019, EPA awarded nearly $6 million to fund research by eight organizations to expand the agency's understanding of the environmental risks posed by PFAS in waste streams and to identify practical approaches to manage potential impacts as PFAS enters the environment.
• In August 2020, EPA awarded $4.8 million in funding for federal research to help identify potential impacts of PFAS to farms, ranches, and rural communities.

Highlighted Action: Risk Communications

• EPA is working collaboratively to develop a risk communication toolbox that includes multimedia materials and messaging for federal, state, tribal, and local partners to use with the public.

Additional information about PFAS can be found at: www.epa.gov/pfas

 

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EPA Seeks Small Businesses Input on Risk Management Rulemakings for Carbon Tetrachloride and TCE

 

 

 

EPA Seeks Small Businesses Input on Risk Management Rulemakings for Carbon Tetrachloride and TCE

 

WASHINGTON (November 30, 2020) —The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SERs) to provide advice and recommendations to two Small Business Advocacy Review (SBAR) panels. There will be one panel for carbon tetrachloride and one panel for trichloroethylene (TCE). Each will focus on the agency's development of proposed rules to address unreasonable risks identified in EPA's recently completed Toxic Substances Control Act (TSCA) risk evaluations for these chemicals.

Under TSCA, EPA is required to evaluate the risks associated with exposure to existing chemicals in commerce using the best available science then take action to address any unreasonable risks identified. The agency issued a final risk evaluation for carbon tetrachloride in November 2020, showing unreasonable risks to workers under certain conditions of use. The agency also issued a final risk evaluation for TCE in November 2020, showing unreasonable risks to workers and consumers under certain conditions of use. EPA is now moving to the risk management step in the TSCA process by working to draft regulations to protect public health from the unreasonable risks identified in the final risk evaluations.

The Regulatory Flexibility Act requires agencies to establish a SBAR panel for rules that may have a significant economic impact on a substantial number of small entities. The SBAR panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA.

SERs will be selected by the SBAR Panels to provide comments on behalf of their company, community, or organization and advise the panels on the potential impacts of the proposed rules on small entities. EPA is seeking self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

SERs provide advice and recommendations to the panels. The SERs participate in consultations with the SBAR Panels via telephone, webinar, or in person in one or two meetings and are given an opportunity to submit written comments to the Panels. Self-nominations may be submitted through the link below and must be received by December 14, 2020.

In addition to engaging with small businesses, EPA is executing a robust outreach effort on risk management that includes formal consultations with state and local governments, tribes, and environmental justice communities. There will also be an open public comment on any draft risk management regulations.

Nominate yourself as a Small Entity Representative to the Carbon Tetrachloride SBAR Panel: https://www.epa.gov/reg-flex/potential-sbar-panel-carbon-tetrachloride-risk-management-rulemaking-under-toxic-substances 

Nominate yourself as a Small Entity Representative to the TCE SBAR Panel: https://www.epa.gov/reg-flex/potential-sbar-panel-trichloroethylene-tce-risk-management-rulemaking-under-toxic

 

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EPA Finds That Existing Requirements Effectively Address Financial Risks from Three Industries

 

 

 

EPA Finds That Existing Requirements Effectively Address Financial Risks from Three Industries

 

WASHINGTON (November 25, 2020) — The U.S. Environmental Protection Agency (EPA) finalized its rulemakings on financial assurance requirements for the Electric Power Generation, Transmission and Distribution; Petroleum and Coal Products Manufacturing; and Chemical Manufacturing industries. EPA announced that following a detailed analysis, it finds that the financial risks from facilities in these industries are addressed by existing state and federal requirements to cover the costs of cleaning up possible hazardous substance releases. EPA's final rulemakings do not remove any existing requirements; rather they do not impose additional, new requirements.

"EPA has found that existing environmental regulations and modern industry practices are sufficient to mitigate any risks inherent in these industries," said EPA Administrator Andrew Wheeler.

Using the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 108(b), EPA analyzed the need for additional, new financial assurance requirements for the electric power, petroleum and coal products manufacturing, and chemical manufacturing industries. EPA evaluated the financial risk to the federal Superfund program associated with the production, transportation, treatment, storage, or disposal of hazardous substances in these industries. This included evaluation of the history of cleanups under Superfund, modern industry practices, applicable federal and state regulations, the industries' financial health and economic trends, and the risk of taxpayer-funded cleanups of facilities in these industries. In addition to research and analysis, EPA reviewed and considered public comments to conclude that the level of risk is addressed by existing requirements and does not warrant new requirements for these industries. This is consistent with EPA's interpretation of the statute, which was unanimously upheld by the D.C. Circuit Court of Appeals in litigation challenging the Agency's hardrock mining final action not requiring additional financial assurance.

Section 108(b) of CERCLA (also known as Superfund) addresses potential requirements for financial responsibility to cover the costs associated with cleaning up releases or threatened releases of hazardous substances from facilities. In the 40 years since CERCLA became law, other state and federal requirements have been promulgated, so EPA has not needed to use this statutory authority to impose additional financial assurance requirements on classes of facilities to address the potential risk of releases of hazardous substances.

These final rulemakings will be published in one consolidated Federal Register notice and will be effective 30 days after publication.

For more information, visit: https://www.epa.gov/superfund/superfund-financial-responsibility

 

 

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EPA Encourages Americans to Avoid Food Waste Over the Holidays

 

 

 

CONTACT: mcbay.stephen@epa.gov   EPA Encourages Americans to Avoid Food Waste Over the Holidays NEW YORK (November 25, 2020) – As America celebrates Thanksgiving this week, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler reminds families and communities to consider the environment when planning their annual dinner and be mindful about wasting food. "Over 70 billion pounds of food waste reaches our landfills every year, contributing to methane emissions and wasting energy and resources across the food supply chain," said EPA Administrator Andrew Wheeler. "This holiday season, we must all do our part to help people and the environment by preparing only what we need, cutting down our food waste, and sharing or donating what we can to feed others." EPA estimates that more food reaches landfills than any other material in everyday trash, constituting 24% of municipal solid waste. This wasted food contributes to landfills being the third largest source of human-related methane emissions in the United States. Reducing food waste and redirecting excess food to people, animals, or energy production provide immediate benefits to public health and the environment, including: Reducing methane emissions from landfills. Saving money through thoughtful planning, shopping and storage. Supporting your community by donating untouched food that would have otherwise gone to waste. Conserving energy and resources, preventing pollution involved in the growing, manufacturing, transporting and selling of food. EPA works with federal partners, non-profits, public and private organizations to reduce wasted food across the food system. This past year, EPA and USDA welcomed four new members to the U.S. Food Loss and Waste 2030 Champions group. The 2030 Champions are businesses and organizations that have made a public commitment to reduce food loss and waste in their own operations in the United States by 50% by the year 2030.  EPA's Food Recovery Challenge works with over 1,000 business and organizations to set data-driven goals, implement targeted strategies to reduce food waste in their operations and report results to compete for annual recognition. As part of our efforts to reduce food waste, EPA supports and encourages our partners to recover and distribute excess food to the more than 35 million Americans who lived in food-insecure households in 2019, and in 2020, Americans are going to food banks for their groceries in record numbers. By reducing the amount of food wasted, together we can protect human health and the environment. Thanksgiving Food Waste Reduction Tips Create and stick to shopping lists, since this year a smaller number of people will likely share the meal. "Shop" the refrigerator and pantry first, so that food does not go to waste and shopping needs are reduced. Plan an "eat the leftovers" night as a great way to use Thanksgiving ingredients and leftovers. "Befriend" the freezer. Freeze extra food such as side dishes or meat. Consider safely sharing extra food with family or donating unopened, non-perishable food items to a local charity. (Always contact food rescue organizations in advance of a drop off.) Food Rescue Organizations For organizations hosting events that might have excess prepared but unserved food, consider partnering with food rescue organizations. Remember to make arrangements in advance for potential drop-offs or pick-ups of excess food. Also, remember to only donate food if this can be done safely. The following sites contain tools that allow users to search for food banks, pantries, soup kitchens, and shelters that may be interested in accepting wholesome, excess food: Feeding America's Find Your Local Foodbank has a map of member food banks. Sustainable America's Food Rescue Locator is a directory of organizations that rescue, glean, transport, prepare, and distribute food to those who need it in their communities. AmpleHarvest.org allows users to search food pantries by ZIP code and shows the search results on an interactive map. For more tips on how to reduce food waste, see EPA's website: www.epa.gov/recycle/reducing-wasted-food-home Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-092

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EPA Seeking Comments on Updated Plant Biostimulants Guidance

 

 

 

EPA Seeking Comments on Updated Plant Biostimulants Guidance

 

WASHINGTON (November 24, 2020) — In recognition of the growing class of products generally known as plant biostimulants, the U.S. Environmental Protection Agency (EPA) is accepting comments on an updated Draft Guidance for Plant Regulators and Claims, Including Plant Biostimulants.

"Plant biostimulants are increasingly being used by farmers to increase agriculture productivity," said EPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Alexandra Dapolito Dunn. "When finalized, our Plant Biostimulants Guidance will provide sought-after certainty and transparency for this growing area of the economy."

Plant biostimulants are a relatively new but growing category of products containing naturally occurring substances and microbes. Their increasing popularity arises from their ability to enhance agricultural productivity through stimulation of natural plant processes using substances and microbes already present in the environment. Plant biostimulants can also reduce the use of synthetic chemical fertilizers, making it an attractive option for sustainable agriculture and integrated pest management programs. Benefits include:

• Increased plant growth, vigor, yield and production.
• Improved soil health.
• Optimized nutrient use.
• Increased water efficiency.

While many plant biostimulants are not regulated as pesticides, certain mixtures and plant regulators can be pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

Today's released updated draft guidance incorporates diverse and helpful changes made in response to stakeholder feedback received during the draft guidance's initial comment period in 2019. EPA now will seek input on those changes, including the wording of certain plant and non-plant regulator claim examples.

The public comment period will be open for 30 days in docket EPA-HQ-OPP-2018-0258 at www.regulations.gov. After carefully considering the comments received, EPA anticipates finalizing this guidance in January 2021.

 

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EPA News: EPA awards $1.7 million to Virginia to control polluted runoff, restore water quality

 

 

 

Contact: R3press@epa.gov EPA awards $1.7 million to Virginia to control polluted runoff, restore water quality PHILADELPHIA (Nov. 24, 2020) – The U.S. Environmental Protection Agency today announced a $1,693,000 grant to the Virginia Department of Environmental Quality to improve water quality of water bodies throughout the commonwealth. The grant is part of EPA's Nonpoint Source Implementation Grant Program, as outlined in Section 319 of the Clean Water Act to control water pollution. "This grant supports preserving and protecting Virginia's water resources and ensuring communities have clean water," said EPA Mid-Atlantic Regional Administrator Cosmo Servidio. "By working in partnership with Virginia, we can help implement necessary best management practices to reduce nonpoint source pollution in communities throughout the commonwealth." Nonpoint source pollution is caused when rainfall or snowmelt, moving over and through the ground, picks up and carries natural and human-made pollutants, depositing them into lakes, rivers, wetlands, coastal waters and groundwater. Controlling nonpoint source pollution is especially important since one in three Americans get their drinking water from public systems that rely on seasonal and rain-dependent streams. Virginia will use the funding to implement watershed improvement plans that reduce nutrients, bacteria, sediment, and other pollutants from direct sources and runoff. Funding will also support restoration of waterbodies, and improvement plans to support the delisting of stream segments that are currently designated as impaired. Learn more about successful nonpoint source reduction projects at: https://www.epa.gov/nps #          #         #

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EPA News: EPA awards $4.8 million to Pennsylvania to control polluted runoff, restore water quality

 

 

 

Contact: R3press@epa.gov EPA awards $4.8 million to Pennsylvania to control polluted runoff, restore water quality PHILADELPHIA (Nov. 24, 2020) – The U.S. Environmental Protection Agency (EPA) today announced a $4,846,500 grant to the Pennsylvania Department of Environmental Protection to improve water quality in rivers and streams throughout the commonwealth. The grant is part of EPA's Nonpoint Source Implementation Grant Program, as outlined in Section 319 of the Clean Water Act to control water pollution.  "This grant supports preserving and protecting Pennsylvania's water resources and ensuring communities have clean water," said EPA Mid-Atlantic Regional Administrator Cosmo Servidio. "By working in partnership with Pennsylvania, we can help implement necessary best management practices to reduce nonpoint source pollution in communities throughout the commonwealth." Nonpoint source pollution is caused when rainfall or snowmelt, moving over and through the ground, picks up and carries natural and human-made pollutants, depositing them into lakes, rivers, wetlands, coastal waters and groundwater. Controlling nonpoint source pollution is especially important since one in three Americans get their drinking water from public systems that rely on seasonal and rain-dependent streams. While the program provides statewide coverage, this funding will help Pennsylvania focus on priority watersheds with water quality impairments. The major sources of nonpoint source pollution in the state, including abandoned mine drainage, agriculture, and urban stormwater runoff, will be addressed through structural and non-structural best management practices, as well as through watershed planning, monitoring, and education/outreach programs and activities. Learn more about successful nonpoint source reduction projects at: https://www.epa.gov/nps #          #          #

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Create News Release Headline * $120,000 EPA Grant to Cooper’s Ferry Partnership, in Camden, NJ

 

 

 

CONTACT: mcbay.stephen@epa.gov   $120,000 EPA Grant to Cooper's Ferry Partnership, in Camden, New Jersey Helps Camden Residents Reduce Health Risks in Their Homes NEW YORK (November 24, 2020) – Today, the U.S. Environmental Protection Agency (EPA) announced it has awarded $120,000 through an Environmental Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement to Cooper's Ferry Partnership located in Camden, New Jersey. The EPA funding will support work to help reduce risks of lead exposure, asthma and mold dangers. It will foster community education programs and the greening of public spaces. This agreement is one of 18 community-based organizations selected nationwide, totaling $2.1 million in funding distributed this year under EJCPS Cooperative Agreements. "Through this grant, Cooper's Ferry will provide hands-on assistance for many Camden residents who may need advice on how to reduce lead, mold and asthma risks in their homes. EPA has a long history of partnering with the government and nonprofit groups in Camden, New Jersey to mitigate the environmental health risks that disproportionately affect urban and disadvantaged communities within the area," said EPA Regional Administrator Pete Lopez. "These environmental justice grants are just one of the tools we use to help address the enormous challenges that many underserved communities face and they, along with other assistance that we have and continue to provide, reflect EPA's unwavering commitment to the city of Camden." Cooper's Ferry Partnership has been selected to receive $120,000 to assess homes and provide information to residents on how to reduce their risk of lead exposure found both in paint and water, as well as asthma and mold dangers. The assessments will help minimize the risks from lead exposure by educating residents, testing their water, and distributing water filters. Additionally, Cooper's Ferry Partnership will assess and plan for abating lead dust exposure for targeted public spaces. The EPA's EJCPS Cooperative Agreement Program provides funding for non-profit and tribal organizations to partner with stakeholders from across industry, government, and academia to develop and implement solutions that significantly address environmental and/or public health issues in their communities. These projects support local problem solving through the development of sustainable partnerships. This program provides funds for community-driven solutions to local, environmental problems with a focus on assisting Qualified Opportunity Zones. Qualified Opportunity Zones – of which Camden, New Jersey has four – are census tracts of low-income and distressed communities designated by state governors and certified by the Department of Treasury. These are areas where new investment may be eligible for preferential tax treatment. As of April 2019, there were more than 8,700 designated Qualified Opportunity Zones located in all 50 States, the District of Columbia, and five United States territories. For a description of all winners nationwide, please visit: https://www.epa.gov/environmentaljustice/environmental-justice-collaborative-problem-solving-cooperative-agreement-4 For more information about EPA's Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, please visit: https://www.epa.gov/environmental-justice/environmental-justice-collaborative-problem-solving-cooperative-agreement-0 Learn more about Opportunity Zones by visiting the federal Opportunity Zones website. Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-091

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