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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
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0 comments Monday, January 31, 2022
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Issued: Jan 31, 2022 (9:24am EST)
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Contacto: Stephen McBay, (212)-637-3672, mcbay.stephen@epa.gov
NUEVA YORK (31 de enero de 2022) – Hoy, la Agencia de Protección Ambiental de los EE. UU. (EPA, por sus siglas en inglés) y el Departamento de Justicia de los EE. UU. (DOJ) emitieron un anuncio público para dar inicio a un proceso de comentario público sobre la orden preliminar de resolución estipulada que exigiría al Municipio de Toa Alta implantar una serie de medidas para atender inmediatamente los problemas serios que tiene su vertedero. Es un paso inusual el que se da aquí al procurar obtener comentarios sobre una orden preliminar de resolución estipulada a fin de asegurar que la EPA y el DOJ integran los comentarios de la comunidad que se ha visto históricamente impactada por las operaciones de este vertedero.
Para comenzar a recibir los comentarios públicos, la EPA y el DOJ emitieron hoy un resumen en inglés y español de los términos que se están considerando para la orden y solicita comentarios por escrito en o antes del 4 de marzo de 2022. La EPA también llevará a cabo una reunión pública el 23 de febrero para explicar las opciones para abordar las condiciones del vertedero y recibir comentarios del público.
"Estamos dando este paso necesario de obtener comentarios porque esta comunidad ha sufrido demasiado tiempo por las operaciones de este vertedero", señaló Lisa F. García, administradora regional." La EPA está trabajando para abordar los problemas y agradecemos que el municipio está dispuesto a aceptar tomar medidas inmediatas para abordar los problemas peores y más urgentes. Queremos emitir una orden de resolución sólida que sirva para comenzar a encauzar este vertedero inmediatamente a medida que continuamos negociando una solución a más largo plazo."
Los términos que se consideran para el vertedero apuntan a implementar medidas para proteger la salud pública y el medioambiente a corto plazo y posicionar al Municipio de Toa Alta para cerrar completamente el vertedero, de manera segura y permanente bajo la supervisión del Departamento de Recursos Naturales y Ambientales de Puerto Rico. Las medidas a corto plazo que se consideran incluirían que Toa Alta: (1) aplique cubierto diaria de todos los residuos a; (2) aplique cubierta intermedia (más gruesa) con el paso del tiempo; (3) mantenga la cubierta de tierra para corregir toda erosión de los suelos; y (4) planifique e implemente medidas para reducir y controlar las escorrentía de aguas y lixiviados (la lixiviación es líquido — a menudo cargado de contaminantes — que excretan los rellenos sanitarios). A más largo plazo, las medidas permanentes en consideración incluyen prohibir todo desecho adicional de residuos en el vertedero, excepto la colocación de desechos según se justifique para reparar una pendiente empinada situada en el costado norte del vertedero.
La EPA planifica llevar a cabo una reunión pública el 23 de febrero, a las 5:30 p.m. para describir las opciones destinadas a abordar las condiciones del vertedero, contestar preguntas y escuchar a los miembros de la comunidad. Esta reunión pública ocurrirá en el Coliseo Lauro Dávila, situado en PR-165R, Toa Alta, Puerto Rico 00953.
Los miembros de la comunidad pueden enviar sus comentarios por correo electrónico a pubcoment-ees.enrd@usdoj.gov indicando el asunto "Comentarios sobre el vertedero de Toa Alta". Los miembros de la comunidad también pueden enviar por correo regular sus comentarios a Eduardo González, Agencia de Protección Ambiental de los EE. UU., División de Protección Ambiental del Caribe, City View Plaza II, Suite 7000, #48 PR165 Km. 1.2, Guaynabo, Puerto Rico 00968-8069. Se considerarán todos los comentarios y la información que se reciba al determinar los términos definitivos de la orden preliminar de resolución estipulada. Los términos definitivos acordados se presentarán entonces al Tribunal Federal para su evaluación y aprobación. Si las partes no pueden llegar a un acuerdo después del periodo de participación comunitaria, o si el Tribunal no aprueba el acuerdo, el Tribunal efectuará entonces una audiencia pública separada acerca del tema.
La EPA ha preparado algunos documentos relevantes sobre el acuerdo preliminar de resolución estipulada, los cuales el público puede obtener en línea en www.epa.gov/pr/toa-alta-municipal-landfill. El público también puede revisar los documentos en la Alcaldía de Toa Alta. Dicha oficina se encuentra en Ave. Muñoz Rivera, Esq. Calle Barceló, Toa Alta, PR 00953, y está abierta desde las 8:00 a.m. hasta las 4:30 p.m., de lunes a viernes.
Antecedentes
El DOJ presentó una denuncia en nombre de la EPA ante el Tribunal Federal en el Distrito de Puerto Rico en febrero de 2021. La denuncia exigía al Municipio de Toa Alta dejar de depositar desechos sólidos en su vertedero y tomar medidas inmediatas para abordar las amenazas a la salud pública y el medioambiente que presentaban las condiciones en el vertedero.
La denuncia de febrero de 2021 cita tres amenazas importantes que presenta el vertedero:
Siga a la Región 2 de la EPA en Twitter en http://twitter.com/eparegion2 y visite nuestra página de Facebook, http://facebook.com/eparegion2.
22-005 - SP
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Issued: Jan 31, 2022 (9:22am EST)
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Contact: Stephen McBay, (212)-637-3672, mcbay.stephen@epa.gov
NEW YORK (January 31, 2022) – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) released for public comment a summary of options for a settlement order currently under negotiation that would require immediate actions to address violations at the Toa Alta Municipal Landfill, in Puerto Rico. Seeking input into a settlement order is an unusual step taken here to ensure that EPA and DOJ are including input from the overburdened community that has been adversely impacted by the landfill.
To begin gathering comments, EPA today released a summary in English and Spanish of the requirements that are under consideration for the order and is asking for written input by March 4, 2022. EPA will also hold a public meeting on February 23 to explain the options for addressing the landfill conditions and obtain public input.
"We are taking this necessary step of getting input because this community has suffered for too long from this open dump," said Regional Administrator Lisa F. Garcia." EPA is working to address the problems and we appreciate that the municipality is willing to agree to take immediate actions to address the worst and most urgent issues. We want to issue a strong settlement order that will be a start to getting this open dump on track immediately as we continue to negotiate a longer-term solution."
The terms being considered for the landfill are aimed at implementing measures to protect public health and environment in the short term and positioning Toa Alta to close the landfill completely, safely, and permanently under the supervision of the Puerto Rico Department of Natural and Environmental Resources. Shorter term measures under consideration would call for Toa Alta to: (1) cover any newly disposed waste with soil at the end of each day; (2) apply thicker soil cover over time; (3) maintain the soil cover to correct any soil erosion; and (4) plan and implement measures to reduce and control storm water runoff and leachate (Leachate is liquid — often contaminant laden — that seeps from landfills). Longer term, permanent measures under consideration include barring any further waste disposal at the landfill, except for waste placement as warranted to fix a steep slope located on the north side of the landfill.
EPA is planning to hold a public meeting on February 23, at 5:30 p.m. AST to describe options for addressing the conditions at the landfill, answer questions, and hear from community members. This public meeting will occur at the Coliseo Lauro Davila, located at PR-165R, Toa Alta, Puerto Rico 00953.
Community members can email comments to pubcoment-ees.enrd@usdoj.gov with the subject line "Toa Alta Landfill Comments." Community members also may mail their comments to Eduardo Gonzalez, U.S. Environmental Protection Agency, Caribbean Environmental Protection Division, City View Plaza II, Suite 7000, #48 PR165 Km. 1.2, Guaynabo, Puerto Rico 00968-8069. Comments and information received will be considered in determining the final terms of the potential settlement order. The final agreed upon terms will then be submitted to the Federal Court for its review and approval. If the parties cannot reach an agreement after the community engagement period, or if the Court does not approve the agreement, the Court will instead conduct a separate public hearing about the matter.
EPA has prepared some relevant documents to this matter, which the public can view online at www.epa.gov/pr/toa-alta-municipal-landfill. The public may also obtain the documents at the Toa Alta Mayor's Office. That office is located at Ave. Muñoz Rivera, Esq. Calle Barceló, Toa Alta, PR 00953, and is open from 8:00 a.m. to 4:30 p.m., Monday through Friday.
Background
DOJ filed a complaint on behalf of EPA in federal court in the District of Puerto Rico in February 2021. The complaint called for the Municipality of Toa Alta to stop solid waste disposal at its landfill and to take immediate steps to address public health and environmental threats posed by the conditions at the landfill.
The February 2021 complaint alleged three significant threats posed by the landfill:
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2.
22-005
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0 comments Friday, January 28, 2022
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EPA Administrator Regan Announces Bold Actions to Protect Communities Following the Journey to Justice TourInitial set of steps includes multiple actions to protect public health and community specific deliverables WASHINGTON (Jan. 26, 2022) – Following through on his commitment to action during his Journey to Justice Tour, US Environmental Protection Agency Administrator Michael S. Regan announced today the first in a series of actions responding directly to concerns of communities historically and disproportionately impacted by pollution. The actions, which range from policy changes to community-driven efforts, reflect Administrator Regan's commitment to deliver environmental justice and work towards building a better America, and are part of the Biden-Harris Administration's whole-of-government approach to addressing these issues in communities that are marginalized, underserved, and overburdened by pollution. "In every community I visited during the Journey to Justice tour, the message was clear - residents have suffered far too long and local, state, and federal agencies have to do better," said EPA Administrator Michael S. Regan. "The pollution concerns have been impacting these communities for decades. Our actions will begin to help not only the communities I visited on this tour, but also others across the country who have suffered from environmental injustices." In response to concerns from residents in overburdened neighborhoods, EPA is announcing specific actions in each of the areas that he visited on the tour. In addition, EPA is outlining a series of broad policy actions including:
In addition to these policy changes, the Administrator has directed his team to work on several steps to address specific community concerns. Agency-wide actions To ensure facility compliance with environmental laws, the Administrator directed the Office of Enforcement and Compliance Assurance (OECA) to aggressively use its authority to conduct unannounced inspections at suspected non-compliant facilities, as needed, to protect public health. EPA is announcing today a new Multi-Scale Monitoring Project called the Pollution Accountability Team (PAT) to provide strong environmental compliance and monitoring in the south, launching in Spring 2022. This program combines high-tech air pollution monitoring with boots-on-the-ground inspectors to address pollution and enhance enforcement at a community scale. EPA's ASPECT airplane will monitor facilities from the sky while mobile vehicles like EPA's GMAP will monitor pollution from the ground. At the same time, a team of inspectors from across EPA regions will follow up to investigate any emission detection findings at specific sites. The PAT pilot program will also work to develop and/or acquire new instrumentation to measure newly emerging contaminants, such as chloroprene and ethylene oxide. More details on this program will be available in the coming weeks, including a schedule for meetings with communities. As previously announced, the Agency is also directing resources to better protect people and public health in overburdened areas across the nation, making $20 million in grants available from the American Rescue Plan to enhance local air monitoring for pollutants of greatest concern in communities facing health disparities. The largest investment in community-based monitoring systems in EPA history will provide transparency and accountability, and foster pollution strategies in underserved communities. EPA encourages community-based nonprofit organizations, Tribes, states, and local governments to apply for the grants before the March 25 deadline. More information: https://www.epa.gov/arp/enhanced-air-quality-monitoring-funding-under-arp. The Agency is also taking steps to apply the best available science to solutions for communities facing severe pollution. Last week, the Office of Chemical Safety and Pollution Prevention (OCSPP) released for peer review a proposed screening methodology to evaluate chemical risk to fenceline communities. Today, the Administrator signed a notice proposing to reaffirm EPA's peer-reviewed scientific assessment showing that ethylene oxide is significantly more toxic than previously understood, and to find that it is appropriate to rely upon this assessment in taking regulatory actions to reduce this harmful pollutant. This notice responds to several petitions for reconsideration of a 2020 rule revising emission standards for chemical plants in the Miscellaneous Organic Chemical Manufacturing source category and will be open to public comment for 30 days. The rigorous evaluation of scientific studies that EPA is reaffirming in today's notice will ensure the agency is guided by the best information as EPA works to address health risks posed by ethylene oxide. Taking action in Mississippi In Jackson, Administrator Regan saw firsthand the longstanding water infrastructure challenges and the impacts these problems have on the community including children at Wilkins Elementary School, where the Administrator was to visit students and faculty until school was canceled due to low water pressure. And once again this week, the winter weather has caused yet another boil water notice in Jackson, which has faced too many significant water challenges for too long. On January 25, 2022, EPA issued a Notice of Noncompliance to the city for not timely repairing and maintaining equipment necessary to reliably produce drinking water. Later this week, Administrator Regan will be sending follow-up letters to elected officials to stress the importance of dedicating federal infrastructure funds, including nearly $79 million allocated to Mississippi from the Bipartisan Infrastructure Law to solve some of most dire water needs in Jackson and other areas of need across Mississippi. "Administrator Regan's leadership on addressing environmental Justice issues that have plagued communities in the deep south for far too long gives us hope that change will come," said NAACP President and CEO Derrick Johnson. "During his visit to Jackson he was able to see firsthand the water infrastructure challenges we're experiencing in the city, and today he's following through on his commitment to fight for vulnerable communities to receive the funding they need from the Bipartisan Infrastructure Law." "I look forward to EPA keeping its promise of equity and equality when serving minority communities," said Congressman Bennie Thompson. Taking action in Louisiana Administrator Regan later traveled to Louisiana, meeting residents in New Orleans, St. John the Baptist Parish, St. James Parish, and Mossville, where he saw the impacts of pollution, climate change and crumbling water infrastructure. The new Pollution Accountability Team will start as the pilot air monitoring project in Mossville, St. James Parish and St. John the Baptist Parish. EPA will work with residents and community leaders to determine the routes to be traveled by the mobile monitoring vehicle and the contaminants to be monitored. As part of the Administration's commitment to transparency, EPA Region 6 will make this data available to the public. EPA will also invest more than $600,000 to procure mobile air pollution monitoring equipment and will be deploying the monitors specifically in Mossville, St. John the Baptist Parish and St. James Parish, among other communities located in the south. This equipment will measure volatile organic compounds (VOCs), including air toxics, and will dramatically improve EPA's ability to measure pollution quickly and assess situations in real-time. EPA will work with local organizations to host trainings for community members to familiarize them with the technology and the process the Agency uses for its air monitoring. In St. John the Baptist Parish, EPA used its authority to require the Denka facility to install fenceline monitors to identify sources of emissions onsite, allowing the EPA and communities to better understand air pollutants in a quick, reliable way. This month, Denka complied with EPA's request to install these monitors. In addition, Administrator Regan sent a letter to Denka and DuPont CEOs pressing the companies to protect residents of St. John the Baptist Parish, including children that learn and play along their fenceline, after periodic elevated concentrations of chloroprene were measured nearby. In the letter, Administrator Regan wrote: "…as a parent, I remain extremely concerned about the over 500 children at the elementary school. I am writing to you today to reiterate what I hope are our shared concerns and expectations over the health and well-being of the students. EPA expects DuPont and Denka to take other needed action to address community concerns." Further, EPA's Office of Enforcement and Compliance Assurance will work with the Department of Justice to redouble their efforts in seeking additional, and timely, avenues of relief for this community. In St. James Parish, Administrator Regan heard concerns about the impacts of the proposed Formosa Plastics facility. In response to resident requests, EPA announced support for the U.S. Army Corps of Engineers' decision to require a more robust Environmental Impact Statement as a permit for a proposed Formosa plant expansion is considered. This will ensure a stronger understanding of impacts this plant may have on communities. Considerations will include evaluating reasonable alternatives to the proposed action, the potential cumulative effects, and a public comment period – none of which were previously required by the environmental assessment. EPA has offered to provide technical assistance to the Army Corps in the development of the Impact Statement. This week, EPA Region 6 also issued a Notice of Violation and Opportunity to Confer (NOVOC) to Nucor Steel Louisiana LLC in St. James Parish. The EPA notice requires Nucor to address unauthorized emissions of hydrogen sulfide and sulfuric acid mist, and exceedance of permitted limits for sulfur dioxide emissions at Nucor's Direct Reduced Iron (DRI) facility. In Mossville, LA, Administrator Regan joined residents to discuss their concerns around air and water quality. In response, today EPA announced a significant increase in inspections of industrial facilities in the Mossville area. EPA will assess compliance at facilities that present potentially elevated risks to the community based on recent EPA helicopter flyovers and mobile air monitoring of the area. EPA also provided $38,886 for LDEQ to purchase a NAAQS quality PM 2.5 continuous monitor to be placed across the road from Sasol's Lake Charles Complex. EPA will monitor and review the data and conduct an independent assessment to determine if NAAQS standards are exceeded in the Lake Charles area. The EPA will also conduct Technical System Audits on a rotating basis of the State's monitoring system operations as well as reviewing LDEQ's annual data certifications and LDEQ's annual monitoring network plan. EPA Region 6 also issued this week a Notice of Potential Violation and Opportunity to Confer (NOPVOC) Letter to Sasol Chemicals USA, LLC. The Sasol facility uses natural gas and by-products from refinery operations to produce specialty chemicals for detergents and cosmetics. The chemical complex uses or produces several regulated flammables such as ethylene, propane, butane, propylene, ethane, butane, hydrogen, methane and pentane. The EPA notice follows a January 2021 Compliance Evaluation conducted by inspectors from EPA Region 6 and LDEQ, and requires Sasol to address potential Risk Management Plan violations found during the inspection. In New Orleans' Gordon Plaza neighborhood, Administrator Regan heard from residents about the impacts of living in the affordable housing development built on the former site of the Agriculture Street Landfill. As part of addressing those concerns, EPA will now expedite a review of the site which was previously slated for review in 2023; the accelerated review will begin in March 2022 and will include 9 homes that were not included in the previous review process. The Agency is taking this step to re-evaluate its previous decision that the land is safe and to communicate the results to the community. In addition, on January 6, 2022, Administrator Regan met with Mayor Cantrell and Dr. Beverly Wright of the Deep South Center for Environmental Justice (DSCEJ) to discuss a shared commitment between EPA and the City of New Orleans to work together on community-based solutions for the residents of Gordon Plaza. The solutions discussed would support relocation of community members off the land, provide economic opportunity for the City, advance clean energy, and lower greenhouse gas emissions in the area. Most importantly, they would ensure the health and safety of Gordon Plaza residents is protected. Administrator Regan and Dr. Wright committed to continue working closely with Mayor Cantrell and her team to advance these shared goals. "I would like to thank the Administrator for assisting the City of New Orleans with their infrastructure issues, as well as initiating first steps toward accountability, especially regarding air quality enforcement, monitoring, and data collection, which I called for back in August," said Congressman Troy A. Carter, Sr. "The environmental justice actions announced today will allow collection of independent, reliable data that will inform the path forward to better the public health of our community." Taking Action in Texas Following stops in Houston, including the Fifth Ward, Kashmere Gardens and the Houston Ship Channel, where Administrator Regan spoke with residents about impacts of air and water pollution from nearby facilities on the community, EPA announced the following actions. Throughout stops in Texas and Louisiana, communities voiced concerns over the health risks that ethylene oxide (EtO) poses to their residents and called for swift action to reduce emissions of this dangerous chemical to outdoor air. As part of the proposal announced today to reaffirm EPA's peer-reviewed scientific assessment showing that EtO is significantly more toxic than previously understood, EPA is proposing to formally reject the Texas Commission on Environmental Quality's less protective risk value for EtO. EPA is committed to leading with the best available science in this and future rulemakings to reduce emissions of this chemical and better protect people's health. The agency is also looking at a range of approaches besides regulations for achieving emissions reductions while regulations are in development, and ensuring communities are informed and engaged as we work to address EtO. In the Fifth Ward and Kashmere Gardens area, EPA announced completion of a review of a proposed Union Pacific Railroad permit renewal and corrective actions that govern cleanup of contamination at the Houston Wood Preserving Works site. EPA intends to submit comments to TCEQ laying out concerns and recommendations to ensure that permit terms and corrective action goals address the concerns of community members, who are disproportionately impacted by pollution. EPA is also monitoring TCEQ's installation and operation of additional air monitors. These air monitors will supplement the existing monitoring network and capture the pollution that residents in these communities face. In addition, on January 20, 2022, Administrator Regan spoke with Mayor Sylvester Turner to discuss the continued commitment between EPA and the City of Houston to work together to ensure the community's concerns are addressed and the health and safety of residents is protected. In response to the call for improved accessibility to language and interpretation services, EPA is establishing a partnership with Texas Environmental Justice Advocacy Services ( T.E.J.A.S) under the Beyond Translation (BT) Plus program to improve communication, especially when it comes to information on environmental risk and enforcement. Under the partnership, EPA will develop local strategies to address air toxics in communities, provide better transparency regarding enforcement, and improve access to risk management plans. "I am pleased to thank EPA Administrator Michael Regan, the Environmental Protection Agency, and the Biden Administration for these important steps forward to help the people in my Congressional District, living in Kashmere Gardens, 5th Ward and other Northeast areas of Houston and Harris County that comprise the 18th Congressional District. This announcement today is going to change lives. Over the past years I have been holding meetings, and engaging with state and federal officials repeatedly, and meeting cancer victims while listening to the stories of families who lost loved to cancer and other diseases over the generations. We are desperate for relief. I have been disappointed by the unwillingness of previous Administrations to act to protect residents. Now that has changed with the Biden Administration," said Congresswoman Sheila Jackson Lee. "As a member of the House Committees on Homeland Security, I have long worked for every resource possible to solve the problem of creosote contamination in these neighborhoods. Again, this focused relief that is coming under the leadership of the Environmental Protection Agency Administrator is a great relief to my constituents; and is evidence of the importance of the Environmental Justice Tours that the Administrator has taken throughout the nation. People's lives will be better, and we are going to save lives because of this. I will continue to raise these issues and seek major relief, which for these residents may result in a Super Fund cleanup." For more information, visit: https://www.epa.gov/environmentaljustice/journey-justice |
0 comments Wednesday, January 26, 2022
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