Issued: Dec 30, 2022 (4:54pm EST)

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EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

December 30, 2022

Contact Information

EPA Press Office (press@epa.gov)

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of "waters of the United States" (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people's health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

"When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy," said EPA Administrator Michael S. Regan. "Following extensive stakeholder engagement, and building on what we've learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation's waters, strengthens economic opportunity, and protects people's health while providing greater certainty for farmers, ranchers, and landowners."

"This final rule recognizes the essential role of the nation's water resources in communities across the nation," said Assistant Secretary of the Army for Civil Works Michael L. Connor. "The rule's clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders."

This rule establishes a durable definition of "waters of the United States" that is grounded in the authority provided by Congress in the Clean Water Act, the best available science, and extensive implementation experience stewarding the nation's waters. The rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies' technical expertise. It establishes limits that appropriately draw the boundary of waters subject to federal protection.

The final rule restores fundamental protections so that the nation will be closer to achieving Congress' goal in the Clean Water Act that American waters be fishable and swimmable, and above all, protective of public health. It will also ensure that the nation's waters support recreation, wildlife, and agricultural activity, which is fundamental to the American economy. The final rule will cover those waters that Congress fundamentally sought to protect in the Clean Water Act—traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.

More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at EPA's "Waters of the United States" website.

Accompanying the issuance of the final rule, the agencies are also releasing several resources to support clear and effective implementation in communities across America. Today, a summary of 10 regional roundtables was released that synthesizes key actions the agencies will take to enhance and improve implementation of "waters of the United States." These actions were recommendations provided during the 10 regional roundtables where the agencies heard directly from communities on what is working well from an implementation perspective and where there are opportunities for improvement. The roundtables focused on the geographic similarities and differences across regions and provided site specific feedback about the way the scope of "waters of the United States" has been implemented by the agencies.

Today, the agencies are also taking action to improve federal coordination in the ongoing implementation of "waters of the United States." First, EPA and Army are issuing a joint coordination memo to ensure the accuracy and consistency of jurisdictional determinations under this final rule. Second, the agencies are issuing a memo with U.S. Department of Agriculture to provide clarity on the agencies' programs under the Clean Water Act and Food Security Act.

Background
On June 9, 2021, EPA and the Department of the Army announced their intent to revise the definition of "waters of the United States" to better protect our nation's vital water resources that support public health, environmental protection, agricultural activity, and economic growth. On Nov. 18, 2021, the agencies announced the signing of a proposed rule revising the definition of "waters of the United States."

The Clean Water Act prohibits the discharge of pollutants from a point source into "navigable waters" unless otherwise authorized under the Act. "Navigable waters" are defined in the Act as "the waters of the United States, including the territorial seas." Thus, "waters of the United States" is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term "waters of the United States" is not defined by the Act but has been defined by the agencies in regulations since the 1970s and jointly implemented in the agencies' respective programmatic activities.

 

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Issued: Dec 30, 2022 (10:23am EST)

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EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

WASHINGTON (December 30, 2022)  – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of "waters of the United States" (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people's health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

"When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy," said EPA Administrator Michael S. Regan. "Following extensive stakeholder engagement, and building on what we've learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation's waters, strengthens economic opportunity, and protects people's health while providing greater certainty for farmers, ranchers, and landowners."

"This final rule recognizes the essential role of the nation's water resources in communities across the nation," said Assistant Secretary of the Army for Civil Works Michael L. Connor. "The rule's clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders."

This rule establishes a durable definition of "waters of the United States" that is grounded in the authority provided by Congress in the Clean Water Act, the best available science, and extensive implementation experience stewarding the nation's waters. The rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies' technical expertise. It establishes limits that appropriately draw the boundary of waters subject to federal protection.

The final rule restores fundamental protections so that the nation will be closer to achieving Congress' goal in the Clean Water Act that American waters be fishable and swimmable, and above all, protective of public health. It will also ensure that the nation's waters support recreation, wildlife, and agricultural activity, which is fundamental to the American economy. The final rule will cover those waters that Congress fundamentally sought to protect in the Clean Water Act—traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.

More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at EPA's "Waters of the United States" website.

Accompanying the issuance of the final rule, the agencies are also releasing several resources to support clear and effective implementation in communities across America. Today, a summary of 10 regional roundtables was released that synthesizes key actions the agencies will take to enhance and improve implementation of "waters of the United States." These actions were recommendations provided during the 10 regional roundtables where the agencies heard directly from communities on what is working well from an implementation perspective and where there are opportunities for improvement. The roundtables focused on the geographic similarities and differences across regions and provided site specific feedback about the way the scope of "waters of the United States" has been implemented by the agencies.

Today, the agencies are also taking action to improve federal coordination in the ongoing implementation of "waters of the United States." First, EPA and Army are issuing a joint coordination memo to ensure the accuracy and consistency of jurisdictional determinations under this final rule. Second, the agencies are issuing a memo with U.S. Department of Agriculture to provide clarity on the agencies' programs under the Clean Water Act and Food Security Act.

Background
On June 9, 2021, EPA and the Department of the Army announced their intent to revise the definition of "waters of the United States" to better protect our nation's vital water resources that support public health, environmental protection, agricultural activity, and economic growth. On Nov. 18, 2021, the agencies announced the signing of a proposed rule revising the definition of "waters of the United States."

The Clean Water Act prohibits the discharge of pollutants from a point source into "navigable waters" unless otherwise authorized under the Act. "Navigable waters" are defined in the Act as "the waters of the United States, including the territorial seas." Thus, "waters of the United States" is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term "waters of the United States" is not defined by the Act but has been defined by the agencies in regulations since the 1970s and jointly implemented in the agencies' respective programmatic activities.  

For further information: press@epa.gov

 

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Issued: Dec 23, 2022 (3:49pm EST)

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Statement by Administrator Regan on Bipartisan Funding Bill

WASHINGTON  (December 23, 2022) — In response to Congress passing a bipartisan funding bill, which includes $10.135 billion for EPA's annual budget, an increase of $576 million above EPA's previous year's funding, provides $1 billion in much-needed relief for communities impacted by the recent Hurricanes, and invests $600 million in Jackson, Mississippi's water system, EPA Administrator Michael S. Regan issued the following statement:

"Our work at the EPA is first and foremost about protecting the wellbeing of all communities. It's about creating jobs and economic opportunity in every corner of the country. And it's about safeguarding the right – the freedom – that belongs to all people by virtue of living in the United States to breathe clean air, drink clean water, and lead a healthy life. But we can only accomplish EPA's vital mission when the agency is equipped with the necessary resources. With the bipartisan funding bill, President Biden and our partners in Congress recognize EPA's essential role in American life.

The bipartisan funding bill includes the largest annual investment in environmental justice in the agency's history. Combined with historic investments from the Inflation Reduction Act, EPA is poised to tackle many of our nation's toughest environmental justice challenges and ensure that all people share in the benefits of a cleaner environment.

The bipartisan funding bill sustains support for our state and Tribal partners through key programs that address legacy pollution, reduce harmful diesel emissions, and fund storm water, wastewater, and drinking water systems. It increases funding for EPA's Geographic Programs, which help protect and restore our nation's precious waters – from the Great Lakes to the Puget Sound. The bipartisan funding bill also boosts funding for EPA's enforcement and compliance work, which is critical to keeping our communities safe and holding polluters accountable.

I'm especially proud that the bipartisan funding bill provides $1 billion in much-needed relief for communities devastated by recent hurricanes and invests $600 million to respond to the drinking water emergency in Jackson, Mississippi.

This summer, the crisis of aging water infrastructure in America rose to the national conscience when more than 150,000 people in a capital city were left without clean drinking water for weeks. The people of Jackson – like all people in this country – deserve access to clean, safe, and reliable water. EPA worked diligently alongside state and local partners to secure an agreement that will help deliver a sustainable water system for Jackson for the long-term. I am grateful to our partners in Congress for sharing this commitment and recognizing the urgency of addressing this longstanding challenge."

For further information: EPA Press Office (press@epa.gov)

 

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Issued: Dec 22, 2022 (1:32pm EST)

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EPA Publishes IRIS Handbook and Final IRIS Assessment of Perfluorobutanoic Acid (PFBA) and Related Salts

WASHINGTON (Dec. 22, 2022) – Today, the U.S. Environmental Protection Agency (EPA) is announcing two important documents from its Integrated Risk Information System (IRIS) Program: The Office of Research and Development (ORD) Staff Handbook for Developing IRIS Assessments (IRIS Handbook) and the final IRIS Toxicological Review of Perfluorobutanoic Acid and Related Salts. These publications demonstrate EPA's commitment to transparency and rigorous science for use in decision making.

The IRIS Handbook transparently provides procedures for staff developing IRIS assessments, including how to apply systematic review approaches. Systematic review uses prespecified scientific methods to identify, select, assess, and synthesize the findings of similar, but separate, studies. In IRIS assessments, such studies are used to identify human health hazards associated with exposure to chemicals found in the environment and derive toxicity values for health effects resulting from exposure.

The procedures set forth in the IRIS Handbook will apply to newly initiated IRIS assessments moving forward; however, many elements of the Handbook have already been incorporated in recently finalized assessments and assessments that are currently in progress. The IRIS Handbook does not supersede existing EPA guidelines and does not serve as direction for other EPA programs.

The IRIS Handbook went through public comment in 2020, and it received a favorable external peer review from the National Academies of Sciences, Engineering, and Medicine (NASEM) in 2021. The Handbook will be updated as needed based on method advancements and experience gained through its application to a broader spectrum of assessments to ensure consistent application of best practices in future IRIS assessments.

"EPA is committed to developing IRIS assessments using consistent, transparent, and scientifically rigorous methods," said Chris Frey, Assistant Administrator for EPA's Office of Research and Development. "I am very proud of the scientists who have worked hard to produce a rigorous Handbook at the leading edge of assessment science, and of those scientists who have finalized the PFBA assessment, which will help EPA continue our important work to address PFAS."

Today, the IRIS Program also released its final IRIS assessment of Perfluorobutanoic Acid (PFBA) and Related Salts. PFBA is a breakdown product of other PFAS that have been used in stain-resistant fabrics, paper food packaging, carpets, and consumer products; it has also been used for manufacturing photographic film.

As a scientific document, the final IRIS assessment was developed in accordance with Agency policies for scientific integrity and peer review. The PFBA assessment also incorporates best practices outlined in the IRIS Handbook. The multi-step IRIS assessment process included public comment on a systematic review protocol, public comment on the draft assessment, and external peer review prior to finalization. 

The final IRIS assessment reviews the evidence on the potential noncancer and cancer human health effects resulting from exposure to PFBA. The final assessment found that sufficient oral exposure to PFBA likely causes thyroid, liver, and developmental effects. The final assessment also includes a noncancer estimate of the amount of PFBA that one can ingest every day that is likely to be without harmful effects. These noncancer estimates can be used when conducting risk assessments to inform decision making. Regarding PFBA's potential cancer effects, the final assessment concludes that there is "inadequate information to assess carcinogenic potential."

The final IRIS assessment of PFBA can be used to support a wide variety of decision-making needs across EPA's program offices and regions, and state agencies. IRIS assessments are only part of a risk assessment. The scientific conclusions regarding hazard identification and dose response from IRIS assessments are typically combined with other scientific information, including information on human exposure, to inform decisions. Such decisions incorporate risk management policy considerations and undergo separate review processes.

Background:

EPA researchers have been working on five IRIS PFAS assessments; the PFBA assessment is the first final IRIS PFAS assessment. The other four IRIS PFAS assessments in development are PFHxA, PFHxS, PFNA, and PFDA. Please see the IRIS Program Outlook for more information on the timing of these assessments. EPA has previously finalized several non-IRIS PFAS assessments and has made significant progress in addressing commitments in the EPA PFAS Strategic Roadmap.

Learn more about EPA's IRIS Program.

Read EPA's IRIS Handbook.

Learn more about EPA's IRIS assessment of Perfluorobutanoic Acid (PFBA) and Related Salts

 

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Issued: Dec 22, 2022 (12:46pm EST)

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EPA Awards Research Funding to 25 Small Businesses to Develop Environmental Technologies

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has just announced $2,497,134 in research funding for 25 small businesses to develop technologies that address some of our most pressing environmental problems. Projects include technologies for detecting methane emissions, methods to prolong the shelf life of foods and reduce food waste, software systems to improve recycling and materials management, and a water sampling device to detect the presence of PFAS.

"Congratulations to these small businesses for spurring innovation with their exciting ideas," said EPA Assistant Administrator for the Office of Research and Development Chris Frey on December 21. "We are excited to see how they develop their technologies as they address critical environmental issues."

These awards are part of EPA's Small Business Innovation Research (SBIR) program which runs an annual, two-phase competition for funding. The 25 small businesses below are receiving up to $100,000 in Phase I funding for six months for "proof of concept" of their proposed technology. Companies that complete Phase I can then apply to receive Phase II funding of up to $400,000 to further develop and commercialize their technology.

SBIR Phase I winners and their proposed technologies are below:

• Beta Analytic (Miami, Fla.) to develop a novel method to trace fugitive sources of methane in atmospheric gas mixtures.
• Can I Recycle This, Inc. (Athens, Ga.) to develop a circular economy solution that provides real-time, geospatial materials recovery information.
• Censys Technologies Corporation (Daytona Beach, Fla.) to develop an innovative system for remote sensing of fugitive methane.
• City of Roses Disposal and Recycling, Inc. (Portland, Ore.) to develop a real-time recycling inventory aggregation and management software for construction and demolition waste.
• Cleaned and Green, LLC (Indian Springs Village, Ala.) to develop ann enhanced efficiency poultry litter-based fertilizer that is cost-effective and environmentally friendly.
• Aquarius Systems (North Prairie, Wis.) to develop an in-water collection and removal device to capture floating debris.
• EIC Laboratories, Inc. (Norwood, Mass.) to develop a novel technique for rapid, on-site analysis of water quality.
• Forever Analytical Services, Inc. (South Bend, Ind.) to develop a rapid, field-deployable water sampling device to measure PFAS.
• GoodGames (Freeport, Maine) to develop a social networking platform to help build community resilience to disasters, threats, and extreme weather.
• HJ Science & Technology, Inc. (San Leandro, Calif.) to develop a portable, on-site technology to detect PFAS in complex water environments. 
• Hydrova Inc. (San Diego, Calif.) to develop a novel process for complete resource recovery and hydrogen peroxide production from secondary aluminum processing waste.
• Imvela Corp (Brooklyn, N.Y.) to develop a novel, natural ingredient that reduces microbial spoilage and extends shelf life of fresh fruit.
• Iterant, Inc. (Berkeley, Calif.) to develop an online platform for regional plastic packaging reuse systems.
• J-Tech LLC (Lakewood, Colo.) to develop a septic tank technology that enables low-cost, sustainable disinfection of wastewater for on-site non-potable reuse.
• Kamilo, Inc. (San Francisco, Calif.) to develop a digital verification system to confirm the percentage of recycled content in products to advance plastic circularity.
• Mesa Photonics, LLC (Santa Fe, N.M.) to develop a methane monitoring network for continuous measurement of methane emissions.
• Optimized Thermal Systems, Inc. (Beltsville, Md.) to optimize a machine for improved recovery of a refrigerant with high global warming potential.
• LeapFrog Design (Bend, Ore.) to develop a modular ecological water treatment system for onsite capture and non-potable reuse from single-family residences.
• Seacoast Science, Inc. (Carlsbad, Calif.) to develop a fully automated analyzer to monitor air toxics in indoor spaces.
• Sporian Microsystems, Inc. (Lafayette, Colo.) to develop a high-speed, low-cost imaging system for improved identification of microplastics.
• Ourobio (Charlottesville, Va.) to produce sustainable indigoid dyes and bioplastics using byproducts of dairy processing
• UES, Inc. (Dayton, Ohio) to develop an innovative air toxic monitoring system for neighborhood-level monitoring.
• VISIMO, LLC (Coraopolis, Pa.) to develop a machine learning toolkit for screening research published outside of commercial or academic publishing to improve systematic reviews for chemical risk assessment.
• Wisely, Inc. (Wilmington, N.C.) to develop a smart food storage system to reduce household food waste by allowing users to track perishables.
• Zabble Inc. (Walnut Creek, Calif.) to develop an artificial intelligence-based tagging platform for contamination monitoring audits to improve recycling.

Learn more about the winning companies.

Learn more about EPA's SBIR program.

For further information: EPA Press Office (press@epa.gov)

 

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Issued: Dec 21, 2022 (1:58pm EST)

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EPA Awards Research Funding to 25 Small Businesses to Develop Environmental Technologies

Small Business in Brooklyn Among the Winners

Contact: EPA Press Office, Press@epa.gov

NEW YORK (December 21, 2022) - Today, the U.S. Environmental Protection Agency (EPA) announced $2,497,134 in research funding for 25 small businesses to develop technologies that address some of our most pressing environmental problems. Projects include technologies for detecting methane emissions, methods to prolong the shelf life of foods and reduce food waste, software systems to improve recycling and materials management, and a water sampling device to detect the presence of PFAS.

"Congratulations to these small businesses for spurring innovation with their exciting ideas," said EPA Assistant Administrator for the Office of Research and Development Chris Frey. "We are excited to see how they develop their technologies as they address critical environmental issues."

These awards are part of EPA's Small Business Innovation Research (SBIR) program which runs an annual, two-phase competition for funding. The 25 small businesses below are receiving up to $100,000 in Phase I funding for six months for "proof of concept" of their proposed technology. Companies that complete Phase I can then apply to receive Phase II funding of up to $400,000 to further develop and commercialize their technology.

SBIR Phase I winners and their proposed technologies are below:

• Beta Analytic (Miami, Fla.) to develop a novel method to trace fugitive sources of methane in atmospheric gas mixtures.
• Can I Recycle This, Inc. (Athens, Ga.) to develop a circular economy solution that provides real-time, geospatial materials recovery information.
• Censys Technologies Corporation (Daytona Beach, Fla.) to develop an innovative system for remote sensing of fugitive methane.
• City of Roses Disposal and Recycling, Inc. (Portland, Ore.) to develop a real-time recycling inventory aggregation and management software for construction and demolition waste.
• Cleaned and Green, LLC (Indian Springs Village, Ala.) to develop ann enhanced efficiency poultry litter-based fertilizer that is cost-effective and environmentally friendly.
• Aquarius Systems (North Prairie, Wis.) to develop an in-water collection and removal device to capture floating debris.
• EIC Laboratories, Inc. (Norwood, Mass.) to develop a novel technique for rapid, on-site analysis of water quality.
• Forever Analytical Services, Inc. (South Bend, Ind.) to develop a rapid, field-deployable water sampling device to measure PFAS.
• GoodGames (Freeport, Maine) to develop a social networking platform to help build community resilience to disasters, threats, and extreme weather.
• HJ Science & Technology, Inc. (San Leandro, Calif.) to develop a portable, on-site technology to detect PFAS in complex water environments. 
• Hydrova Inc. (San Diego, Calif.) to develop a novel process for complete resource recovery and hydrogen peroxide production from secondary aluminum processing waste.
• Imvela Corp (Brooklyn, N.Y.) to develop a novel, natural ingredient that reduces microbial spoilage and extends shelf life of fresh fruit.
• Iterant, Inc. (Berkeley, Calif.) to develop an online platform for regional plastic packaging reuse systems.
• J-Tech LLC (Lakewood, Colo.) to develop a septic tank technology that enables low-cost, sustainable disinfection of wastewater for on-site non-potable reuse.
• Kamilo, Inc. (San Francisco, Calif.) to develop a digital verification system to confirm the percentage of recycled content in products to advance plastic circularity.
• Mesa Photonics, LLC (Santa Fe, N.M.) to develop a methane monitoring network for continuous measurement of methane emissions.
• Optimized Thermal Systems, Inc. (Beltsville, Md.) to optimize a machine for improved recovery of a refrigerant with high global warming potential.
• LeapFrog Design (Bend, Ore.) to develop a modular ecological water treatment system for onsite capture and non-potable reuse from single-family residences.
• Seacoast Science, Inc. (Carlsbad, Calif.) to develop a fully automated analyzer to monitor air toxics in indoor spaces.
• Sporian Microsystems, Inc. (Lafayette, Colo.) to develop a high-speed, low-cost imaging system for improved identification of microplastics.
• Ourobio (Charlottesville, Va.) to produce sustainable indigoid dyes and bioplastics using byproducts of dairy processing
• UES, Inc. (Dayton, Ohio) to develop an innovative air toxic monitoring system for neighborhood-level monitoring.
• VISIMO, LLC (Coraopolis, Pa.) to develop a machine learning toolkit for screening research published outside of commercial or academic publishing to improve systematic reviews for chemical risk assessment.
• Wisely, Inc. (Wilmington, N.C.) to develop a smart food storage system to reduce household food waste by allowing users to track perishables.
• Zabble Inc. (Walnut Creek, Calif.) to develop an artificial intelligence-based tagging platform for contamination monitoring audits to improve recycling.

Learn more about the winning companies.

Learn more about EPA's SBIR program.

Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

22-097

 

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Issued: Dec 20, 2022 (2:40pm EST)

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EPA Adds Sites in Mississippi and Nebraska to the Superfund National Priorities List to Clean Up Pollution and Protect Public Health

WASHINGTON (Dec. 20, 2022) — Today, the U.S. Environmental Protection Agency (EPA) announced that it has added two sites to the Superfund National Priorities List (NPL) where releases of contamination pose significant human health and environmental risks. The addition of Hercules Inc. in Hattiesburg, Mississippi and PCE Carriage Cleaners in Bellevue, Nebraska will prioritize cleanup for these contaminated sites and is important for the health, safety, and revitalization of communities in these areas.

"EPA remains committed to ensuring communities living near the most serious uncontrolled or abandoned releases of contamination get the health and environmental protections they deserve," said EPA Administrator Michael S. Regan. "Adding the Hattiesburg and Bellevue locations to our National Priorities List will advance environmental justice and help address longstanding pollution that has impacted these communities for far too long."

Thousands of contaminated sites,Cut from landfills, to processing plants, to manufacturing facilities, exist nationally due to hazardous waste being dumped, left out in the open, or otherwise improperly managed. President Biden's Bipartisan Infrastructure Law accelerates EPA's work to clean up this pollution with a $3.5 billion investment in the Superfund Remedial Program. The law also reinstates the Superfund chemical excise taxes, making it one of the largest investments in American history to address legacy pollution. This historic investment strengthens EPA's ability to tackle threats to human health and the environment, and EPA has already set action in motion to clear the backlog of the 49 contaminated sites which had been awaiting funding to start remedial action.

In addition to funding remediation projects, this investment is enabling EPA to dedicate more of its Congressionally appropriated funds and funds available from Superfund tax revenues for all other Superfund remedial activities, including remedial investigations, feasibility studies, remedial designs, and community involvement activities – thus accelerating cleanup efforts across the country.

EPA is adding the following sites to the NPL:

• Hercules Inc., Hattiesburg, Mississippi: The Hercules Inc. site was home to a former 200-acre chemical manufacturer located in a mixed residential, commercial, and industrial area. During operations, over 250 chemical products, including paper and textile chemicals, paints, varnishes, pesticides, and insecticides were produced. Improper handling and disposal of these chemicals led to soil, waste and groundwater contamination in amounts that exceed EPA's Regional Screening Levels (RSL) and Safe Drinking Water Act Maximum Contaminant Levels (MCLs).
• PCE Carriage Cleaners, Bellevue, Nebraska: The PCE Carriage Cleaners site was home to a dry cleaner business that resulted in the release of tetrachloroethene (PCE) and trichloroethene (TCE) at the site. This contamination caused overlying commercial and residential properties to have contaminated indoor air due to vapor intrusion. Superfund's removal program has already installed 21 vapor mitigation systems at mixed commercial and residential buildings to address the contaminated indoor air.

The Superfund Program also advances President Biden's Justice40 initiative, which aims ensure that federal agencies deliver at least 40% of benefits from certain investments to underserved communities.

Background: 

The NPL includes the nation's most serious uncontrolled or abandoned releases of contamination. This list serves as the basis for prioritizing EPA Superfund cleanup funding and enforcement actions. Only releases at non-federal sites included on the NPL are eligible to receive federal funding for long-term, permanent cleanup.

Superfund cleanups provide health and economic benefits to communities. The program is credited for significant reductions in both birth defects and blood-lead levels among children living near sites, and research has shown residential property values increase up to 24% within three miles of sites after cleanup.

Since taking office, the Biden-Harris Administration has followed through on updating the NPL twice a year, as opposed to once per year. However, EPA has the discretion to update the list more frequently to address unique circumstances for sites needing cleanup. Today's announcement marks the third time in 2022 that EPA has updated the NPL.

For information about Superfund and the NPL, please visit EPA's Superfund webpage.

For Federal Register notices and supporting documents for the NPL and proposed sites, please visit: New Proposed and New Superfund National Priorities List Sites.

For further information: EPA Press Office (press@epa.gov)

 

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Issued: Dec 20, 2022 (2:37pm EST)

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Final EPA Standards for Heavy-Duty Vehicles to Slash Dangerous Pollution and Take Key Step Toward Accelerating Zero-Emissions Future

Beginning in Model Year 2027, EPA's Clean Trucks Plan will safeguard clean air for millions in communities overburdened by dangerous pollution

WASHINGTON (Dec. 20, 2022) – Today, the U.S. Environmental Protection Agency (EPA) finalized the strongest-ever national clean air standards to cut smog- and soot-forming emissions from heavy-duty trucks beginning with model year 2027. The new standards, which is the first update to clean air standards for heavy duty trucks in more than 20 years, are more than 80% stronger than current standards.

This final rulemaking is the latest step toward implementing the historic Clean Truck Plan, which is moving America's highly polluting heavy-duty trucking fleet towards low-carbon and electric technologies. Additionally, historic investments from President Biden's Inflation Reduction Act and Bipartisan Infrastructure Law are accelerating innovation in zero-emissions truck technology, expanding access to clean school and transit buses, and training workers to install and maintain charging infrastructure.

"EPA is taking significant action to protect public health, especially the health of 72 million people living near truck freight routes in America, including our most vulnerable populations in historically overburdened communities," said EPA Administrator Michael S. Regan. "But we're not stopping there. This is just the first action under EPA's Clean Trucks Plan to pave the way toward a zero-emission future. These rigorous standards, coupled with historic investments from the Inflation Reduction Act and the Bipartisan Infrastructure Law, will accelerate President Biden's ambitious agenda to overhaul the nation's trucking fleet, deliver cleaner air, and protect people and the planet."

The final standards will reduce deadly smog and soot from new heavy-duty trucks starting with Model Year 2027. EPA estimates that by 2045, the rule will result in the following annual public health benefits:

 

• Up to 2,900 fewer premature deaths
• 6,700 fewer hospital admissions and emergency department visits
• 18,000 fewer cases of childhood asthma
• 3.1 million fewer cases of asthma symptoms and allergic rhinitis symptoms
• 78,000 fewer lost days of work
• 1.1 million fewer lost school days for children
• $29 billion in annual net benefits

Relative to current rules, the new standards are more than 80% stronger, increase useful life of governed vehicles by 1.5–2.5 times, and will yield emissions warranties that are 2.8–4.5 times longer. This final rule includes provisions for longer useful life and warranty periods. These provisions guarantee that as target vehicles age, they will continue to meet EPA's more stringent emissions standards for a longer period of time. The rule also requires manufacturers to better ensure that vehicle engines and emission control systems work properly on the road. For example, manufacturers must demonstrate that engines are designed to prevent vehicle drivers from tampering with emission controls by limiting tamper-prone access to electronic pollution controls.

This rulemaking is based on a robust, complete technical record consistent with the authority set forth in the Clean Air Act. EPA engaged a wide variety of stakeholders, including impacted communities, Tribal, state and local governments, industry leaders, environmental organizations, environmental justice organizations, labor groups, and others to develop final standards that are as strong as possible, take effect as soon as possible and will last as long as possible.

Accelerating a Zero Emissions Future

Today's announcement is the first of three major actions being taken under EPA's Clean Trucks Plan. In the coming months, EPA intends to release the proposals for the remaining two steps in the Clean Trucks Plan. These include the proposed "Phase 3" greenhouse gas (GHG) standards for heavy-duty vehicles beginning in Model Year 2027, as well as the proposed multipollutant standards for light- and medium-duty vehicles beginning in Model Year 2027. These additional rulemakings will consider recent Congressional action, including historic resources for electrification from the Inflation Reduction Act and the Bipartisan Infrastructure Law that EPA anticipates will lead to swift adoption of zero-emission vehicle technologies. Taken together, these rulemakings will put in place stringent long-term standards that will reduce dangerous smog, soot, and climate pollution from heavy-duty vehicles.

Now that the Agency has taken this final action on reducing NOx emissions nationally from Heavy-Duty trucks, EPA will complete the assessment of the technical and legal record before the Agency and prioritize issuing decisions on the three pending Heavy-Duty program waiver requests from the State of California in early 2023.

Learn more information on the Heavy-Duty NOx rule.
Learn more information on the rest of the Clean Trucks Plan

For further information: EPA Press Office (press@epa.gov)

 

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Issued: Dec 20, 2022 (2:29pm EST)

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EPA Announces FY 2022 Enforcement and Compliance Accomplishments

Agency Takes Significant Steps to Reduce Pollution and Help Overburdened Communities

WASHINGTON – The US Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) recently announced the FY 2022 Annual Environmental Enforcement Results report, highlighting increased inspections in the aftermath of the pandemic, reductions in significant noncompliance under the Clean Water Act, and aggressive actions to target the most serious water, air, land, and chemical violations that impact communities across the country

Taken together, OECA's criminal, civil, and administrative enforcement cases reduced, treated or eliminated pollutants by 95 million pounds and required violators to pay over $300 million in penalties, fines and restitution. In keeping with EPA's Strategic Plan, OECA focused on working to mitigate the effects of climate change and advance environmental justice in the enforcement program.

"In FY 2022, EPA's enforcement and compliance program used a range of tools and best practices to hold polluters accountable and protect communities from environmental and health hazards," said Larry Starfield, Acting Assistant Administrator for EPA's Office Enforcement and Compliance Assurance on December 16. "Our FY 2022 accomplishments show that we have targeted the most serious and impactful environmental violations, and particularly violations that affect vulnerable and overburdened communities."

The Office of Enforcement and Compliance Assurance (OECA) worked to mitigate climate change by creating a new enforcement program under the recently enacted AIM Act to interdict illegal imports of Hydrofluorocarbons (HFCs) in partnership with U.S. Customs and Border Protection.  Those efforts resulted in the denial of entry to HFC imports in 2022 that prevented 889,000 metric tons of CO2 equivalents from entering the U.S. The HFC phaseout under the Kigali Amendment to the Montreal Protocol, once fully implemented, will reduce global warming by .5 degrees centigrade.

EPA's enforcement and compliance program committed in EPA's Strategic Plan to increase the percentage of annual on-site inspections in underserved and overburdened communities from 30 to 55 percent by FY 2026.  In FY 2022, EPA surpassed this goal and achieved 56% of on-site inspections in overburdened communities.  The program's FY 22 accomplishments focused on protecting vulnerable communities using the full range of compliance monitoring and enforcement tools, including inspections, technical assistance supported by advanced technologies, and early actions and innovative remedies to ensure high levels of compliance with federal environmental laws and regulations.

EPA's FY 2022 enforcement and compliance assurance accomplishments:

• Over 56% of on-site inspections were at facilities affecting communities with potential environmental justice concerns, exceeding the 45% goal set for this year.   
• EPA's enforcement staff concluded approximately 1,650 civil judicial and administrative cases; of these cases, over 44% addressed facilities in areas with potential environmental justice concerns, the highest percentage since FY 2014, when EPA began tracking.  For example:  
  • USS Lead (East Chicago, IN): In this historically overburdened community, EPA secured commitments from multiple parties and a purchaser to clean up a large former industrial area contaminated with lead and arsenic and return it to a productive use. This complements the cleanup of 807 residential yards and ensures cleanup is completed in one of the site's two operable units. 
• EPA's criminal program concluded important cases to protect health and the environment.  For example: 
  • EPA with its federal partners demonstrated that major corporations like FCA US LLC (FCA US), formerly Chrysler Group LLC, will be held accountable for complying with vehicle emission standards.  FCA US was sentenced to pay approximately $300 million in criminal penalties. 
• EPA took aggressive early actions in communities to address drinking water violations, issuing 85 drinking water orders to protect 8 million people using public water systems.  13 of the orders were to address emergency conditions in overburdened communities. 
• Achieved the goal of a 50% reduction of significant noncompliance among facilities permitted under the Clean Water Act.  The national significant non-compliance (SNC) rate has been reduced from 20.3 percent at the start of 2018 to 9.0 percent in FY 2022. 
• EPA also worked with federal agencies to reduce the significant noncompliance rate at federal facilities by 64% compared to the FY18 baseline, helping to improve water quality and to protect people's health. 
• OECA released ECHO Notify, an email service that allows communities to get email alerts when a local facility has a violation or enforcement action. 

To see EPA's FY 2022 Annual Environmental Enforcement Results, including case highlights: https://www.epa.gov/enforcement/enforcement-and-compliance-annual-results-fiscal-year-2022

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://echo.epa.gov/report-environmental-violations

For further information: EPA Press Office (press@epa.gov)

 

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