Issued: Nov 30, 2022 (2:08pm EST)

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EPA Announces Proposal to Protect Tribal Reserved Rights in Water Quality Standards and Best Practices for Tribal Treaty and Reserved Rights

Proposed regulatory revisions to recognize Tribal rights reflects Biden-Harris Administration's commitment to deliver clean, safe water for all

Today, during the 2022 White House Tribal Nations Summit, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan announced a proposal to revise the federal water quality standards regulations to better protect Tribal rights under the Clean Water Act (CWA). With this action, EPA is working to ensure that state and federal water quality standards will protect tribal rights such as the right to fish or gather aquatic plants—that are reserved through treaties, statutes, executive orders, or other sources of federal law.

 

"We know that our shared goal of protecting water resources for Tribes is strongest – and most effective – when it's informed by the lived experiences of those impacted by pollution," said EPA Administrator Michael S. Regan. "By explicitly recognizing Tribal reserved rights in water quality standards, this proposal will help EPA ensure Tribal aquatic resources are abundant and safe to consume and reaffirms the Biden-Harris Administration's commitment to our Nation-to-Nation partnership."

 

This proposal, once final, would create a regulatory framework that would be applied on a case-specific basis to help ensure that water quality standards protect resources reserved to tribes, such as fish and wild rice. Additionally, the proposed regulatory framework would provide transparency and predictability for tribes, states, regulated parties, and the public.

 

The proposal also carries out the commitments to honor the federal trust responsibility and protect tribal reserved rights related to water resources outlined in EPA's 2021 action plan, Strengthening the Nation-to-Nation Relationship with Tribes to Secure a Sustainable Water Future. It also delivers on the Biden-Harris Administration's commitment to uphold the United States' treaty and trust responsibilities to the 574 federally recognized tribes.

 

"The National Tribal Water Council strongly supports EPA's proposal to revise federal water quality standards regulations to protect tribal reserved rights in areas on and off reservations," said National Tribal Water Council Chairman Ken Norton. "In this way, water quality standards will fulfill federal obligations by requiring a level of water quality that supports tribally significant waters and water-dependent resources consistent with tribal treaties and the federal trust responsibility. Allowing for increased tribal participation in water quality management will better protect precious tribal waters and bolster the resilience of indigenous communities and families."

 

"As the first medicine, GLIFWC's member tribes understand that clean water is fundamental to life. In fact, the health of nibi (water) is directly tied to the quality of life. Because of the deep importance of nibi and its vital role in supporting resources located within our member tribes' treaty ceded territories, GLIFWC supports this draft rule," said Executive Administrator of the Great Lakes Indian Fish and Wildlife Commission Michael J. Isham, Jr. "It appropriately recognizes the unique status of treaty-reserved resources and the special consideration they deserve."

 

"The Columbia River Inter-Tribal Fish Commission supports EPA's framework to incorporate the protection of treaty-reserved fishing rights into its implementation of the Clean Water Act, said Columbia River Inter-Tribal Fish Commission (CRITFC) Executive Director Aja DeCoteau. "The health of all people, as well as the overall ecosystem, is directly related to the health of our nation's waters. This is especially true for Pacific Northwest tribes whose cultures are centered on salmon and other First Foods, where we depend on clean water for our physical health, the exercise of our treaty-reserved rights to fish, and our overall cultural well-being. The EPA rule revisions will not only honor the United States obligation to protect tribal rights and resources, but it will also improve the quality of our nation's water and the health of all Americans."

 

"EPA's proposal is a positive step towards protecting treaty rights because it expressly recognizes that state water quality standards are subject to the reserved rights of tribal nations. The proposal is also consistent with EPA's fiduciary trust obligation to tribes: where a tribe has reserved rights, the federal government has a duty to protect those rights," said Northwest Indian Fisheries Commission (NWIFC) Executive Director Justin Parker. "In this case, EPA is recognizing that water quality standards must be stringent enough to protect treaty-reserved resources and treaty rights. This action would have meaningful benefits to NWIFC's member tribes and their treaty resources and rights."

 

The agency will accept comment on this proposal for 90 days. EPA will also hold two online public hearings on this proposal. Learn more about the proposed rule and public hearings.

 

Additionally, today, at the 2022 White House Tribal Nations Summit, Administrator Regan together with 16 other federal agencies, announced new best practices for Tribal Treaty and Reserved Rights. This set of documents will further the Biden-Harris Administration's commitment to engage in regular, meaningful, and robust consultation with Tribal governments and strengthen the protection of Tribal treaty rights.

 

The best practices include three documents: (1) Best Practices for Identifying and Protecting Tribal Treaty Rights, Reserved Rights, and other Similar Rights in Federal Regulatory Actions and Federal Decision-Making; (2) a shorter Best Practices Field Guide; and (3) a Decision Flow Chart. These best practices were developed in consultation with Tribal Nations and implements the agencies' Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights and Reserved Rights.

 

For more information about the best practices documents visit the EPA's Clean and Safe Water in Indian Country website.

 

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Issued: Nov 30, 2022 (12:11pm EST)

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EPA's Design for the Environment Program Highlighted in Amazon's Climate Pledge Friendly Program

The Climate Pledge Friendly program on Amazon now includes antimicrobial products like disinfectants and sanitizers certified by the U.S. Environmental Protection Agency's (EPA) Design for the Environment (DfE) program. DfE joins EPA's Safer Choice and 46 other sustainability certifications in Climate Pledge Friendly, which helps customers shop for over 300,000 more sustainable  products in the company's online store.

 

"We're thrilled that Amazon is making it easier to identify antimicrobials that meet our program's stringent criteria for people and the planet in this initiative," said EPA Office of Chemical Safety and Pollution Prevention Deputy Assistant Administrator for Pollution Prevention Jennie Romer. "Increasing awareness of EPA's Design for the Environment program through Climate Pledge Friendly will help consumers make environmentally and health-conscious buying decisions. This also encourages companies to seek Design for the Environment certification for their products, reducing pollution at its source and benefiting workers, families and the environment."

 

DfE products meet criteria that evaluate human health and environmental effects, product performance, packaging and ingredients. The requirements are intended to:

 

• Minimize possible risks to human health by excluding ingredients that might have the potential to negatively impact young children, cause cancer, or have other negative effects;
• Further protect fish and other aquatic life;
• Minimize pollution of air or waterways and prevent harmful chemicals from being added to the land; and
• Ensure products have no unresolved compliance, enforcement or efficacy issues.

 

The addition of DfE to the Climate Pledge Friendly program on Amazon follows EPA's recent modernization of the DfE logo. Products with the new label are expected to be available late next year. EPA redesigned the logo to make it more appealing and recognizable to retailers, consumers and purchasers following a request from a coalition that included the Environmental Defense Fund, the Natural Resources Defense Council, the Clorox Company, the Procter and Gamble Company, and Reckitt. This coalition's efforts were recognized in early November with a 2022 Safer Choice Partner of the Year award.

 

Products identified as Climate Pledge Friendly are distinguished on Amazon's shopping results and featured in a dedicated section of Amazon's online store. Amazon also provides its customers with detailed web pages that include information on how and why products are certified as sustainable.

 

Learn more about EPA's DfE program.

Learn more about EPA's Safer Choice program.

Learn more about Amazon's Climate Pledge Friendly program

 

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Issued: Nov 18, 2022 (2:41pm EST)

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EPA Takes Final Action to Protect Groundwater from Coal Ash Contamination at Ohio Facility

Today, the U.S. Environmental Protection Agency (EPA) announced the latest action to protect communities and hold facilities accountable for controlling and cleaning up the contamination created by decades of coal ash disposal. The agency has issued the first final decision to deny a facility's request to continue disposing of coal combustion residuals (CCR or coal ash) into an unlined surface impoundment after the deadline to stop such disposal has passed.

"For too long, communities already disproportionately impacted by high levels of pollution have been burdened by improper coal ash disposal," said EPA Administrator Michael S. Regan. "Today's action reaffirms that surface impoundments or landfills cannot be closed with coal ash in contact with groundwater, ensuring safe water resources for these communities while protecting public health and ensuring a reliable supply of electricity."

EPA is taking final action to deny the deadline extension request submitted by Gavin Power, LLC for the General James M. Gavin Power Plant in Cheshire, Ohio. EPA proposed to deny this request on January 11, 2022. This decision advances the agency's commitment to protecting communities and the environment from CCR contamination.

Limiting the contact between coal ash and groundwater after closure is critical to minimizing releases of contaminants into the environment and will help ensure communities near these facilities have access to safe water for drinking and recreation. Today's action is the first final determination for any facility that sought an extension request.

EPA is denying the request for an extension because Gavin has failed to demonstrate that it is in compliance with the CCR regulations. In particular:  

• One of the unlined coal ash impoundments known as the Fly Ash Reservoir closed with waste sitting in groundwater.
• The groundwater monitoring system for the Bottom Ash Pond is inadequate; Gavin failed to conduct appropriate statistical analyses of data and failed to support alternative source demonstrations.
• The groundwater monitoring systems for the Fly Ash Reservoir and the Residual Waste Landfill are inadequate because monitoring wells in the systems are too far apart to detect all potential pathways of groundwater contamination.

This facility must stop placing CCR and non-CCR waste streams into its Bottom Ash Pond no later than 135 days after notice of the final determination is published in the Federal Register.

EPA's final decision recognizes the importance of maintaining grid reliability and establishes a process for Gavin to seek additional time if needed to address demonstrated grid reliability issues. Because Gavin is in the Pennsylvania-New Jersey-Maryland Interconnection (PJM) region, EPA closely considered the comments from and discussions with PJM and developed a process that relies on and is consistent with PJM's existing approach to scheduling outages and protecting electric grid reliability.

Specifically, PJM's process of maintaining grid reliability requires a facility like Gavin to request a planned outage at least 30 days prior to the start of the outage. PJM confirmed in EPA discussions that 30 days is generally sufficient time to assess a facility's planned outage request. To ensure that PJM has adequate time to evaluate a request, EPA's final action also requires Gavin to submit any request for a planned outage to PJM within 15 days of publication of EPA's final decision in the Federal Register. Following today's announcement, EPA will continue consultations with relevant electric grid authorities to maintain reliability.

Background

Produced primarily from the burning of coal in coal-fired power plants, coal combustion residuals can contain harmful levels of contaminants and are one of the largest types of industrial waste generated in the United States. These regulations address the risks from coal ash disposal.

The CCR Part A Final Rule, published on August 28, 2020, grants facilities the option to request an extension to the deadline for unlined CCR surface impoundments to stop receiving waste under two circumstances. These facilities could submit a demonstration showing a continued need to use the surface impoundment due to lack of capacity. Under both scenarios, facilities had until November 30, 2020, to submit demonstrations to EPA for approval.

EPA received and reviewed 57 applications from CCR facilities requesting deadline extensions and determined 52 were complete, four were incomplete, and one was ineligible for an extension. Of the 52 complete applications received, EPA proposed determinations for seven facilities, four in January, two in July, and one in October of 2022. Of the seven determinations, three were proposed denials and four were proposed conditional approvals.

Access the final determination, on EPA's implementation webpage.

Learn more about coal ash.

 

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Issued: Nov 17, 2022 (3:48pm EST)

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EPA Highlights Important Progress in Protecting Communities from PFAS

WASHINGTON (November 17, 2022) – Today, the U.S. Environmental Protection Agency (EPA) released "A Year of Progress Under EPA's PFAS Strategic Roadmap," which underscores key actions taken by the agency during the first year of implementing the PFAS Roadmap. EPA is implementing a whole-of-agency approach, advancing science, and following the law to safeguard public health, protect the environment, and hold polluters accountable.

 

"EPA continues to deliver on its promise to confront PFAS and protect the health of people and communities across the nation," said Radhika Fox, Assistant Administrator for Water and Co-Chair of EPA's Council on PFAS. "Today's progress report highlights how much we have accomplished in the first year of implementing the PFAS Roadmap. The report also signals important actions the agency will take in the year to come, including our work to invest $10 billion from President Biden's Bipartisan Infrastructure Law in solutions to protect communities from emerging contaminants like PFAS."

 

Since the Roadmap's release in October 2021, EPA:

• Proposed to designate two PFAS as CERCLA hazardous substances. If finalized, this will be a critical step toward increasing transparency around releases of PFAS and holding polluters accountable for cleaning up their contamination.
• Released drinking water health advisories. Acting in accordance with EPA's mission to protect public health and keep communities and public health authorities informed when new science becomes available, the Agency issued drinking water health advisories for four PFAS.
• Laid the foundation for enhancing data on PFAS. This included an order under EPA's National PFAS Testing Strategy requiring companies to conduct PFAS testing, and nationwide sampling for 29 PFAS in drinking water starting in 2023.
• Began distributing $10 billion in funding to address emerging contaminants under the Bipartisan Infrastructure Law. EPA is making transformational investments in cleaning up PFAS and other emerging contaminants in water, especially in small or disadvantaged communities.
• Expanded the scientific understanding of PFAS. The Agency issued more than 30 scientific publications by EPA researchers and released EPA's PFAS Thermal Treatment Database.
• Translated the latest science into EPA's cross-agency PFAS efforts. This included updating EPA's contaminated site cleanup tables, developing new PFAS methods and conducting toxicity assessments, and issuing draft national recommended water quality criteria to protect aquatic life.
• Continuing engagement with the public. EPA's PFAS work was informed by public webinars, stakeholder meetings, Congressional testimony, and engagement with EPA's federal advisory committees.

 

This report demonstrates EPA's commitment to act on PFAS with transparency and accountability by keeping the public informed of the Agency's progress. Today's progress report also outlines the actions EPA plans to take in the upcoming year, including proposing national drinking water standards for PFOA and PFOS, moving forward with the regulatory process for CERCLA hazardous-substance designations, improving the availability of data on PFAS, and further restricting upstream PFAS discharges.

 

Upcoming Regional Community Engagements

Today, EPA also announced that it will hold virtual community engagement events in each EPA Region in 2023. These engagements align with recommendations from the National Environmental Justice Advisory Council and EPA's Roadmap commitment to engage directly with stakeholders. Recognizing the unique and pervasive impacts of PFAS on Tribal communities, EPA is also planning to hold a session specifically designed to hear from our Tribal partners. More information on these sessions will be available on EPA's website, including an opportunity to register to provide input.

 

A Whole of Government Effort

As EPA advances critical work using its authorities and resources, it is doing so as part of the Biden-Harris Administration's whole-of-government approach to protect public health and the environment from PFAS. This effort is coordinated by the White House. The Council on Environmental Quality leads a high-level interagency policy group focused on PFAS policy actions and the Office of Science and Technology Policy leads an interagency expert working group of federal technical and scientific leaders. Through these efforts, EPA and its partners are increasing interagency coordination and advancing work on research, analytical methods, contaminated site cleanup, and other areas.

 

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Issued: Nov 17, 2022 (11:13am EST)

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EPA Announces Requirement of New Clean Air Permit for Oil Refinery on St. Croix Before Operation, Ensuring Public Health Protections

Requirement of new Prevention of Significant Deterioration Permit advances EPA commitment to ensuring equal protection under the law for all communities

Contact:  EPA Press Office, press@epa.gov

WASHINGTON (Nov. 17, 2022) – Today, the U.S. Environmental Protection Agency (EPA) announced that the oil refinery on St. Croix in the U.S. Virgin Islands may not resume operations without obtaining a new comprehensive Clean Air Act permit.  The new permit, called a Prevention of Significant Deterioration (PSD) permit, would require detailed air quality analyses and the use of the best available air pollution control technology. The facility is located near historically marginalized communities that are overburdened with pollution, including pollution from this refinery that led EPA to issue an emergency order to pause all operations in May 2021.

"As Administrator, I am committed to prioritizing the health and safety of underserved and overburdened communities across this country and holding polluters accountable. That is why EPA is using its full authority under the law to require this facility to analyze its impact on air quality and use the latest air pollution controls before it resumes operations," said EPA Administrator Michael S. Regan. " This will ensure protections for St. Croix by requiring the refinery to operate in compliance with environmental laws designed to protect people's health and the environment."

"Today we are continuing to make good on our promise to deliver environmental justice and ensure that EPA protects the health of every community, regardless of race, zip code or income," said EPA Regional Administrator Lisa F. Garcia. "EPA takes seriously our responsibility to the nearby communities, which have carried the burden of mishaps at this facility for far too long."

A PSD permit limits emissions to levels that can be achieved by applying the best available air pollution control technology, which for this refinery would likely result in significant reductions of emissions of nitrogen oxides and volatile organic chemicals, and reductions in sulfur dioxide, hydrogen sulfide, carbon monoxide and particulate matter. The permit process also requires an air quality analysis to determine if the facility would cause pollution levels in the air to exceed EPA air quality standards. If a standard were to be exceeded, further reductions would be required in the PSD permitting process.

In addition to the PSD considerations, EPA is also continuing oversight of this facility, which is not currently operating. In September, EPA inspected the refinery to determine the general state of chemical safety at the facility. During that inspection, the Agency noted serious deficiencies in how this facility has been maintained. EPA quickly alerted the company to the deficiencies and issued a detailed inspection report, which was also shared with the public. EPA is actively discussing the chemical safety issues with the company and determining next steps to address the issues.

EPA has previously taken numerous enforcement actions related to this facility, including setting up a community hotline, developing a dedicated website, and engaging regularly with the community. 

Background:

Hess Oil built the refinery, which was once the largest in the western hemisphere, in the mid-1960s. Later, HOVENSA owned the refinery, and subsequently the facility was owned by Limetree Bay Refining. West Indies Petroleum Limited and Port Hamilton Refining and Transportation, LLLC emerged as the winning bidder for the Limetree Bay refinery from an auction held in bankruptcy court in December 2021.

It has been nearly 11 years since HOVENSA shut down its refining operations at this facility. The EPA considers the refinery a new major air pollution source that requires an additional PSD permit and installation of the best available air pollution control technology before any start of refinery operations. EPA's most recent modification to the refinery's existing PSD permits was in August 2011.

Separate from the need for a new PSD permit, there are numerous federal and local environmental requirements with which the refinery must comply before it can operate. The refinery owners have an obligation to comply with existing Clean Air Act requirements. The facility is also subject to a Clean Air Act consent decree. The owners also have ongoing obligations under permits issued by the U.S. Virgin Islands. 

To read EPA's decision, visit Refinery on St. Croix.

View how the permit protects public health at EPA's Prevention of Significant Deterioration web page.

22-090 

 

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Issued: Nov 17, 2022 (11:06am EST)

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EPA Announces Requirement of New Clean Air Permit for Oil Refinery on St. Croix Before Operation, Ensuring Public Health Protections

Requirement of new Prevention of Significant Deterioration Permit advances EPA commitment to ensuring equal protection under the law for all communities

WASHINGTON (Nov. 17, 2022) – Today, the U.S. Environmental Protection Agency (EPA) announced that the oil refinery on St. Croix in the U.S. Virgin Islands may not resume operations without obtaining a new comprehensive Clean Air Act permit. The new permit, called a Prevention of Significant Deterioration (PSD) permit, would require detailed air quality analyses and the use of the best available air pollution control technology. The facility is located near historically marginalized communities that are overburdened with pollution, including pollution from this refinery that led EPA to issue an emergency order to pause all operations in May 2021.

"As Administrator, I am committed to prioritizing the health and safety of underserved and overburdened communities across this country and holding polluters accountable. That is why EPA is using its full authority under the law to require this facility to analyze its impact on air quality and use the latest air pollution controls before it resumes operations," said EPA Administrator Michael S. Regan. "This will ensure protections for St. Croix by requiring the refinery to operate in compliance with environmental laws designed to protect people's health and the environment."

"Today we are continuing to make good on our promise to deliver environmental justice and ensure that EPA protects the health of every community, regardless of race, zip code or income," said EPA Regional Administrator Lisa F. Garcia. "EPA takes seriously our responsibility to the nearby communities, which have carried the burden of mishaps at this facility for far too long."

A PSD permit limits emissions to levels that can be achieved by applying the best available air pollution control technology, which for this refinery would likely result in significant reductions of emissions of nitrogen oxides and volatile organic chemicals, and reductions in sulfur dioxide, hydrogen sulfide, carbon monoxide and particulate matter. The permit process also requires an air quality analysis to determine if the facility would cause pollution levels in the air to exceed EPA air quality standards. If a standard were to be exceeded, further reductions would be required in the PSD permitting process.

In addition to the PSD considerations, EPA is also continuing oversight of this facility, which is not currently operating. In September, EPA inspected the refinery to determine the general state of chemical safety at the facility. During that inspection, the Agency noted serious deficiencies in how this facility has been maintained. EPA quickly alerted the company to the deficiencies and issued a detailed inspection report, which was also shared with the public. EPA is actively discussing the chemical safety issues with the company and determining next steps to address the issues.

EPA has previously taken numerous enforcement actions related to this facility, including setting up a community hotline, developing a dedicated website, and engaging regularly with the community. 

 

Background:

Hess Oil built the refinery, which was once the largest in the western hemisphere, in the mid-1960s. Later, HOVENSA owned the refinery, and subsequently the facility was owned by Limetree Bay Refining. West Indies Petroleum Limited and Port Hamilton Refining and Transportation, LLLC emerged as the winning bidder for the Limetree Bay refinery from an auction held in bankruptcy court in December 2021.

It has been nearly 11 years since HOVENSA shut down its refining operations at this facility. The EPA considers the refinery a new major air pollution source that requires an additional PSD permit and installation of the best available air pollution control technology before any start of refinery operations. EPA's most recent modification to the refinery's existing PSD permits was in August 2011.

Separate from the need for a new PSD permit, there are numerous federal and local environmental requirements with which the refinery must comply before it can operate. The refinery owners have an obligation to comply with existing Clean Air Act requirements. The facility is also subject to a Clean Air Act consent decree. The owners also have ongoing obligations under permits issued by the U.S. Virgin Islands. 

 

To read EPA's decision, visit Refinery on St. Croix.

View how the permit protects public health at EPA's Prevention of Significant Deterioration web page.

 

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Issued: Nov 17, 2022 (10:34am EST)

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Biden-Harris Administration Announces Availability of $100 Million in Grants to Support Recycling Infrastructure and Education and Outreach

Grants funded in part by largest recycling investment in 30 years under President Biden's Bipartisan Infrastructure Law

WASHINGTON (November 17, 2022) - Today, the U.S. Environmental Protection Agency (EPA) announced the availability of $100 million in grants for recycling infrastructure and recycling education and outreach projects across the country. EPA has published two Requests for Applications (RFAs) for new recycling infrastructure grants and education and outreach grants totaling $70 million. EPA also announced a new grant program for states and territories totaling $30 million.

The new grant programs support improvements to local waste management systems and recycling education and outreach, meeting Congress' goal to create a stronger, more resilient, and cost-effective U.S. municipal solid waste recycling system.

"Too many communities are burdened by pollution and the negative environmental and health impacts that result from poorly managed waste," said EPA Administrator Michael S. Regan. "Thanks to President Biden's Bipartisan Infrastructure Law, we've seen a historic level of resources flow to EPA to address these challenges. The funding announced today will work hand in hand with our broader efforts to transform recycling and solid waste management across the nation and deliver economic and environmental benefits to those who need the most."

These grants are funded by President Biden's Bipartisan Infrastructure Law, which invested $375 million in funding for new recycling, reuse and waste prevention programs, the largest investment in recycling infrastructure to EPA in 30 years.

 

The Solid Waste Infrastructure for Recycling Grant Program

The Solid Waste Infrastructure for Recycling (SWIFR) Grant Program for which EPA is now seeking applications includes:

• $30 million in funding that is available for states, territories, and the District of Columbia to improve solid waste management planning, data collection, and program implementation; and
• $40 million in funding that is available for counties, cities, towns, parishes, and similar units of government to fund projects that improve post-consumer materials management and infrastructure, including collection, transport, systems, and processes related to post-use materials that can be recovered, reused, recycled, repaired, refurbished, or composted.

 

The Recycling Education and Outreach Grant Program

The Recycling Education and Outreach (REO) Grant Program for which EPA is now seeking applications includes:

• $30 million in funding for projects to improve consumer education and outreach on waste prevention, reuse, recycling, and composting. These education and outreach grants to states, Tribes, territories, local governments, and other organizations aim to reduce waste generation, decrease contamination in the recycling stream, and increase recycling rates across the country in a manner that is equitable for all.

Recycling reduces greenhouse gas emissions by reducing energy consumption. Using recycled materials to make new products reduces the need for unused raw materials, avoiding emissions from mining, and allowing resources to be used more efficiently while reducing the impact on the climate. The Agency continues to accelerate progress through the development of these infrastructure and education grants, best practices and guidelines for batteries, a model recycling program toolkit, and strategies to reduce waste from food, plastics, and electronics.

Communities—oftentimes those with environmental justice concerns—carry the environmental and human health burdens of waste. The grants announced today align with the Biden-Harris Administration's commitment to elevate environmental justice to the highest levels of the federal government and advance EPA's commitment to delivering justice and equity for all. As part of President Biden's Justice40 Initiative, at least 40 percent of the funding allocated in EPA's SWIFR and REO grants will benefit underserved and overburdened communities.

EPA encourages interested eligible entities to obtain SAM.gov and Grants.gov identification numbers, which can take a month. Interested applicants can learn how to prepare for a grant application by visiting this webpage.

Today's announcement comes after EPA marked the anniversary of the Bipartisan Infrastructure Law and the 25th Anniversary of America Recycles Day on Tuesday by celebrating progress the Agency has made on recycling one year after publishing its National Recycling Strategy. EPA also launched a Model Recycling Program Toolkit this week, which is a new searchable web application that shares EPA tools and resources on recycling, composting, reuse, and other materials management activities. With this new toolkit, the public, including potential grant applicants, can find resources such as case studies on recycling programs and webinars on driving behavior change.

 

Learn more about these grant opportunities and how to apply.

Stay connected to learn about upcoming webinars for these grants. 

Read more about the National Recycling Strategy and building a circular economy.  

 

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Issued: Nov 16, 2022 (1:56pm EST)

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EPA Announces Selection of Members to Farm, Ranch, and Rural Communities Federal Advisory Committee

Committee charged with evaluation of Agency policies and programs at the intersection of agriculture and climate change

WASHINGTON (November 16, 2022) — Today, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan announced the appointment of 20 members, including the new Committee Chair and Committee Vice-Chair to the Farm, Ranch, and Rural Communities Federal Advisory Committee (FRRCC), which provides independent policy advice, information, and recommendations to the EPA Administrator on a range of environmental issues that are of importance to agriculture and rural communities.

Dr. Beth Sauerhaft from American Farmland Trust and Dr. Raymon Shange from Tuskegee University will lead the FRRCC, which includes 20 newly appointed members who will join 17 existing members of the committee. Committee members include representatives from academia, industry (e.g., agriculture and allied industries), non-governmental organizations, and state, local, and tribal governments.

"As EPA Administrator, I am deeply committed to ensuring that agricultural and rural communities have a seat at the table as we work together to identify practical, science-based solutions that protect the environment and ensure a vibrant and productive food system," said Administrator Regan. "The appointees announced today and our existing FRRCC members will provide invaluable insight and feedback on EPA's programs as we partner with farmers and ranchers to address the impacts of the climate crisis."

Earlier this year, Administrator Regan issued a new charge topic for the FRRCC to evaluate the Agency's policies and programs at the intersection of agriculture and climate change. The committee will consider how EPA's tools and programs can best advance the agriculture sector's climate mitigation and adaptation goals, ensuring EPA can best support farmers and ranchers in their efforts to reduce emissions and accelerate a more resilient food and agriculture system.

EPA issued a request for nominations to the FRRCC in the spring of 2022 and received more than 85 applications. EPA selected new and returning members from a pool of highly qualified candidates to represent a variety of agricultural sectors, rural stakeholders, diverse geographies and whose backgrounds include extensive experience with EPA priority issues, including climate change. FRRCC members represent all 10 EPA regions and hail from 24 states.

New Members

• Brad Bray, Bray Farms, Cameron, MO
• Eddie Crandell Sr., Lake County California Supervisor, Lucerne, CA
• Jennifer James, J&J Land Company and Auvergne Grain Company, Newport, AR
• Sarah Lucas, Michigan Department of Agriculture and Rural Development, Marquette, MI
• Jeanne Merrill, National Sustainable Agriculture Coalition, Alameda, CA
• Clay Pope, Pope Hilltop Farm/National Association of Wheat Growers, Loyal, OK
• James Pritchett, Ph.D., Colorado State University, Fort Collins, CO
• Nithya Rajan Ph.D., Texas A&M University, College Station, TX
• Lindsay Reames, Virginia & Maryland Milk Producers Cooperative Association, Amelia, VA
• Raymon Shange, Ph.D., Tuskegee University, Tuskegee, AL (Committee Vice Chair)
• Jennifer Simmelink, Kansas Soil Health Alliance, Esbon, KS
• Chantel Simpson, Ph.D., North Carolina A&T State University, Greensboro, NC
• Ryan Smith, Danone North America, Chicago, IL

Returning Members

• Emily M. Broad Leib, Harvard Law School Food Law and Policy Clinic, Cambridge, MA
• William (Bill) Couser, Couser Cattle Company, Nevada, IA
• David Graybill, Red Sunset Farm, Mifflintown, PA
• Lauren C. Lurkins, Illinois Farm Bureau, Bloomington, IL
• Christopher L. Pettit, Washington State Conservation Commission, Lacey, WA
• William R. Pracht, East Kansas Agri-Energy, Westphalia, KS
• Graciela I. Ramírez-Toro, Ph. D., Inter American University of Puerto Rico, San Germán, PR

Existing Members

• Barry Berg, East Dakota Water Development District, Dell Rapids, SD
• Don Brown, Anchor Three Farm, Inc., Yuma, CO
• James (Jamie) Burr, Tyson Foods, Farmington, AR
• Phillip H. Chavez, Lower Arkansas Valley Water Conservancy District, Rocky Ford, CO
• John R. H. Collison, Oklahoma Rural Association, Edmond, OK
• Michael Crowder, National Association of Conservation District, West Richland, WA
• Matthew Freund, Freund's Farm/Cowpots LLC, East Canaan, CT
• Sharon Furches, Furches Farms Partnership/Kentucky Farm Bureau, Louisville, KY
• Jeffrey Gore Ph.D., Mississippi State University/ Delta Research and Extension Center, Stoneville, MS
• Alex P. Johns, Seminole Tribe of Florida Inc., Okeechobee, FL
• Nicholas McCarthy, Central Valley Ag Cooperative, York, NE
• William Thomas (Tom) McDonald, Five Rivers Cattle Feeding, Dalhart, TX
• Charles R. Santerre Ph.D., Clemson University, Clemson, SC
• Beth C. Sauerhaft Ph.D., American Farmland Trust, Chappaqua, NY (Committee Chair)
• Stacy Wayne Smith, Smith Farms, Wilson, TX
• Jeff M. Witte, New Mexico Department of Agriculture, Las Cruces, NM
• Amy V. C. Wolfe, AgSafe, Escalon, CA

View the full list of FRRCC members and read additional information about the committee.

 

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Issued: Nov 16, 2022 (12:34pm EST)

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EPA Announces Supplemental Proposed Rule to Modify Toxic Substances Control Act Fees Rule

Proposal to ensure EPA recovers 25% of the costs of TSCA implementation, providing more sustainable funding for chemical safety

WASHINGTON (November 16, 2022) – Today, the U.S. Environmental Protection Agency (EPA) issued a supplemental proposed rule modifying and adjusting certain aspects of the fees rule established under the Toxic Substances Control Act (TSCA). EPA is publishing these changes to ensure that collected fees provide the Agency with 25% of authorized TSCA costs consistent with direction in the FY 2022 appropriations bill to consider the "full" implementation costs of the law. Updating TSCA fees will strengthen EPA's ability to successfully implement TSCA in a way that's both protective and sustainable and significantly improve on-time performance and quality.

 

"For the last six years, we've lacked the needed resources to build a sustainable chemical safety program that's grounded in science, protects communities from dangerous chemicals, and supports innovation," said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. "With today's action, we're continuing to adjust TSCA fees to account for the full costs of running the program the way that Congress intended – in both the 2016 law and in the FY 2022 appropriations bill."

 

When Congress reauthorized TSCA in 2016, it provided EPA with a great deal of new authority and responsibility. Despite the dramatic increase in responsibility, the budget for the TSCA program has remained essentially flat over the past six years. While Congress provided the Agency with new authority to collect fees to offset up to 25% of authorized TSCA implementation costs, the first TSCA fees rule was not finalized until late 2018, and thus fees were not collected until FY 2019. The 2018 fees rule also excluded all the costs for the first ten risk evaluations, which are the highest-cost activities for TSCA implementation. Additionally, the costs baseline chosen for the 2018 rule was what the Agency spent on implementing TSCA before it was amended in 2016, not what it would cost the Agency to implement it in the manner envisioned and directed by Congress. EPA also did not conduct a comprehensive budget analysis designed to estimate the actual costs of implementing the 2016 law until the spring of 2021. Even with the artificially low baseline used to calculate the fees, EPA still only collected about half of the 25 percent target in fees since the 2018 rule was finalized.     

 

Reports from EPA's Office of Inspector General and the Government Accountability Office also note EPA's lack of resources for the TSCA program and the impact it's had on implementing the 2016 law as well as the need for better cost estimates. Additionally, EPA's October 2022 report to Congress on the Agency's capacity to implement the 2016 law acknowledges compounding failures on the EPA's part to adequately assess its resource needs and the importance of establishing fees that capture the updated cost of EPA's TSCA work. In the FY 2023 budget request, the President has asked for an increase of $59 million and 175 additional full-time equivalents above FY 2022 enacted levels to support the TSCA program. Those additional resources, together with establishing and collecting fees that reflect the estimated cost of the EPA's TSCA work, are critical to building a sustainable program.

 

In January 2021, the previous Administration proposed changes to the 2018 fees rule consistent with the law's direction to review and, if necessary, adjust fees every three years. The proposal was based on cost data from FY 2019 and 2020 which were the first full fiscal years after EPA implemented a time reporting system that tracks employee hours worked on administering TSCA. However, this estimate did not include the costs of TSCA risk management activities that are now underway for the first 10 chemicals reviewed under amended TSCA or the costs that will be required for the risk management of any of the 20 chemicals currently undergoing risk evaluation should the Agency find unreasonable risks. 

 

Since the proposed rule was published in 2021, EPA conducted the first-ever analysis of workforce and budget to develop a more accurate estimate of its anticipated costs to implement TSCA in the manner envisioned by Congress when it amended the law in 2016. In the rule released today, EPA is proposing to revise its costs estimates based on the 2021 analysis. The proposed fees are informed by the Agency's experience administering TSCA since 2016, and factors in the Agency's failure to meet the statutory deadlines for nine of the first 10 risk evaluations and consistent challenges meeting the requirements associated with reviewing new chemicals. 

 

EPA is also proposing other changes, including providing a timeframe for a partial refund of fees for new chemical submissions withdrawn from the review process; narrowing certain fee exemptions contained in the January 2021 proposal; modifying the self-identification and reporting requirements for EPA-initiated risk evaluation and test rule fees; expanding the fee requirements to companies required to submit information for test orders; and extending the timeframe for test order and test rule payments.

 

EPA consulted with several stakeholders that were potentially subject to fees, took public comment on the January 2021 proposed rule, and conducted a public webinar in February 2021 to inform the development of this supplemental proposal.

 

EPA will hold a public webinar on Tuesday, December 6, 2022, from 1–2:30 p.m. EST to provide an overview to stakeholders about the proposed rulemaking. The webinar will also give the public an opportunity to provide comment to EPA on the proposed changes. Register for the webinar.

 

EPA will accept public comments on the supplemental proposed rule until January 17, 2023 via docket EPA-HQ-OPPT-2020-0493 at www.regulations.gov.

 

View the supplemental proposed rule and learn more about TSCA fees.

 

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