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EPA Proposes Low-Priority Substances Under TSCA, Meets Another TSCA Milestone

EPA Proposes Low-Priority Substances Under TSCA, Meets Another TSCA Milestone

Ultimate designations will allow EPA to focus its risk evaluation efforts on chemical substances that have a significant impact on public health and the environment

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) is proposing to designate 20 chemical substances as Low-Priority Substances under the Toxic Substances Control Act (TSCA). This proposal marks EPA's meeting another major milestone under the Frank R. Lautenberg Chemical Safety Act for the 21st Century amendments to TSCA – which require EPA through a variety of transparent processes to prioritize existing chemical substances for high- or low-priority designations. A final designation of "low-priority" means that the risks associated with the chemical substances are low, and risk evaluation for that chemical substance is not warranted at this time.

"Today's action demonstrates EPA's diligence in meeting its obligations under the Frank R. Lautenberg Chemical Safety Act for the 21st Century," said EPA Assistant Administrator for EPA's Office of Chemical Safety and Pollution Prevention Alexandra Dunn. "The agency's proposed designation of 20 Low-Priority Substances is part of a rigorous, transparent, and scientifically sound process to ensure that the chemical substances in American commerce do not pose unreasonable risks of injury to human health or the environment."

To support a proposed priority designation, EPA considered reasonably available information for each chemical substance under its conditions of use as specified in TSCA section 6(b)(1).

For each chemical substance, EPA is making a docket available that contains the screening review and rationale for the proposed Low-Priority Substance designation. The dockets are available on www.regulations.gov. A 90-day public comment period will start after the proposal is published in the Federal Register. During this period, the public may submit relevant information and comments on the proposed designations. EPA has also published the Approach Document for Screening Hazard Information for Low-Priority Substances Under TSCA that describes the literature review process that will be used for each chemical's hazard information.

EPA published a list of 40 chemical substances on March 20, 2019, that initiated the prioritization process to designate 20 chemical substances as "high-priority" for subsequent risk evaluation and 20 as "low-priority." EPA will make the supporting information for the proposed high-priority substances available in the coming weeks and remains on track to finalize the designations for 20 high-priority chemical substances and 20 low-priority chemical substances by December 2019 – the TSCA deadline.

More information on the Low-Priority Substances can be found at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/chemical-substances-undergoing-prioritization-low

More information on TSCA and the prioritization process can be found at: www.epa.gov/assessing-and-managing-chemicals-under-tsca/prioritizing-existing-chemicals-risk-evaluation

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EPA Administrator Wheeler statement about Shell ethylene cracker plant tour in Monaca, Pennsylvania,

EPA Administrator Wheeler statement about Shell ethylene cracker plant tour in Monaca, Pennsylvania, with President Trump

Monaca, Pa. (August 13, 2019) – Today, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler traveled to Monaca with President Donald Trump to visit the Pennsylvania Shell ethylene cracker plant. President Trump, Administrator Wheeler, and U.S. Department of Energy Secretary Rick Perry will tour the soon-to-be completed Pennsylvania Petrochemicals Complex, which currently has on site 4,500 construction workers and will employ 600 permanent employees once operational. Following the tour, President Trump will give remarks touting this administration's economic accomplishments and support for America's expanding domestic manufacturing and energy production.

"President Trump has led an economic revival in Pennsylvania, and I was glad to join him to see that progress firsthand at the new Shell ethylene cracker plant. The president's policies are unleashing America's abundant energy resources and creating new jobs, new products, and new hope here in Pennsylvania and across the country," said Administrator Wheeler. "This facility will use American natural gas, which is obtained in the most environmentally conscious way, to produce American-made plastics, instead of relying on imports from China and others, which has a far greater impact on the environment. EPA's regulatory reforms, particularly our recent proposal to improve the Section 401 certification process, will accelerate the construction of more energy infrastructure projects that will strengthen our nation for decades to come."

For more information on the president's trip to Pennsylvania, please visit: www.whitehouse.gov

EPA Clears the Way for Much Needed Funds for Water and Sewer Repairs in Puerto Rico

EPA Clears the Way for Much Needed Funds for Water and Sewer Repairs in Puerto Rico

San Juan, Puerto Rico – The U.S. Environmental Protection Agency (EPA) and Puerto Rico Aqueduct and Sewer Authority (PRASA) announced the restructuring of more than 200 delinquent loans—totaling approximately $571 million in principal—owed to Puerto Rico's clean water and drinking water State Revolving Fund (SRF) programs. This restructuring clears the way for the commonwealth's idled SRF programs to once again provide critically needed funding to improve Puerto Rico's water and sewer systems, create local jobs, and ensure that the people of Puerto Rico have safe and clean water.

PRASA provides drinking water to 97% of Puerto Rico's 3.2 million people and sewer service to more than half of the Island's communities. The lack of access to funding from the SRF programs has been a major obstacle to making water infrastructure repairs and improvements across the commonwealth.

"EPA is pleased that Puerto Rico's SRFs are back on track and able to provide critically important funding for clean and safe water," said EPA Administrator Andrew Wheeler. "With this loan restructuring, EPA is protecting taxpayer dollars while ensuring that funding is available for water infrastructure projects that will help build a stronger, safer, and healthier Puerto Rico."

"After nearly two years, Puerto Rico is still dealing with the aftermath of Hurricanes Irma and Maria, which devastated portions of Puerto Rico's infrastructure and highlighted the critical need for lasting and sustainable improvements in Puerto Rico," said EPA Regional Administrator Pete Lopez. "Empowering PRASA to once again receive state revolving funds is part of EPA's comprehensive and continuing efforts to help Puerto Rico recover. We are dedicated to helping Puerto Rico rebuild stronger and better."

After many years of successful repayment, PRASA was unable to meet its SRF loan repayment obligations as of July 1, 2016. Since then, the loans have been in forbearance while EPA and key Puerto Rican authorities have worked in good faith with PRASA to develop a restructuring agreement for PRASA's debt. EPA's SRF experts played a key role in facilitating the discussion and resolution.

The finalization of the restructuring agreement will ensure the repayment of PRASA's SRF loans, and PRASA will be eligible to apply for financial assistance from the Puerto Rico SRFs, which will help ensure the continued protection of public health and the environment for the residents of Puerto Rico. The sound management of the state programs has ensured that the SRFs remain at the forefront of funding innovative solutions for treating wastewater, providing safe drinking water, addressing stormwater runoff, tackling non-point source pollution, and addressing a multitude of other environmental and public health issues facing this nation.

Background

Under the Clean Water and Drinking Water State Revolving Fund programs, EPA provides funding to all 50 states and Puerto Rico to capitalize SRF loan programs. The states contribute an additional 20% to match the federal grants. The Puerto Rico Department of Natural and Environmental Resources (DNER) and the Puerto Rico Infrastructure Financing Authority (PRIFA) administer the clean water SRF; the Puerto Rico Department of Health (DOH) and PRIFA administer the drinking water SRF.

The 51 SRF programs function like infrastructure banks by providing low-interest loans to eligible recipients for drinking water and clean water infrastructure projects. As the loan principal and interest are repaid over time, it allows the state drinking and clean water funds to be recycled or "revolve." As money is returned to a state's revolving loan fund, the state makes new loans to other eligible recipients.

With more than 30 years of federal capitalization grants and state contributions, approximately $80 billion has been invested into these programs. According to EPA's estimate of national drinking water and wastewater needs, over $743 billion is needed for water infrastructure improvements. Through loan repayments and investment earnings, the SRFs have leveraged the $80 billion capital investment to provide more than $170 billion in financial assistance to over 39,900 water quality infrastructure projects and 14,500 drinking water projects across the country.

EPA News: Settlement of pretreatment violations from Librandi's Plating protects water quality (Pa.)

Contact: R3press@epa.gov

EPA settlement of pretreatment violations from Librandi's Plating helps protect water quality of Susquehanna tributary

PHILADELPHIA (August 13, 2019) - Librandi's Plating of Middletown, Pennsylvania, has agreed to settle Clean Water Act violations involving the discharge of pollutants to a collection system for a municipal wastewater treatment facility, the U.S. Environmental Protection Agency (EPA) announced today. Librandi's Plating will pay a $30,000 penalty and take corrective actions as part of the settlement.

According to EPA, the company violated regulations for facilities that discharge industrial waste to publicly-owned treatment plants. These facilities must comply with "pretreatment" limits and monitoring requirements before discharging industrial waste to municipal treatment facilities. Excessive industrial discharges may pass through or interfere with the operation of the treatment plants, which are generally designed to handle sewage and domestic waste.

Librandi's Plating, an industrial metal finishing facility, has Clean Water Act discharge limitations and monitoring requirements allowing the facility to discharge treated industrial wastewater to a wastewater treatment facility near the Harrisburg Airport, which further treats the wastewater and eventually discharges to a tributary of the Susquehanna River.

According to EPA, the company's discharge exceeded applicable limits for nickel, zinc, chromium and cyanide. EPA also alleged that the company failed to notify EPA after becoming aware of the violations, and did not repeat sampling as required by Clean Water Act regulations.

As part of the settlement, the company did not admit liability for the alleged violations, but has stated that it is now in compliance with applicable Clean Water Act requirements.

For more information about EPA's Pretreatment Program, visit https://www.epa.gov/npdes/national-pretreatment-program

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Administrator Wheeler Issues Proposed Rule on Clean Water Act Quality Certification in Charleston

Administrator Wheeler Issues Proposed Rule on Clean Water Act Quality Certification in Charleston, South Carolina

Public comment period begins following publication in the Federal Register; public meeting and hearing scheduled for Sept. 5-6, 2019

Charleston, S.C. (August 9, 2019) - Today, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to implement Section 401 of the Clean Water Act (CWA). EPA Administrator Andrew Wheeler made the announcement at the Council of Manufacturing Associations Summer Leadership Conference in Charleston. The proposed rule seeks to increase the transparency and efficiency of the 401 certification process and to promote the timely review of infrastructure projects while continuing to ensure that Americans have clean water for drinking and recreation.

"Under President Trump, the United States has become the number one oil and gas energy producer in the world, while at the same time continuing to improve our air quality," said EPA Administrator Andrew Wheeler. "Our proposal is intended to help ensure that states adhere to the statutory language and intent of Clean Water Act. When implemented, this proposal will streamline the process for constructing new energy infrastructure projects that are good for American families, American workers, and the American economy."

In April, President Trump issued an executive order and directed the administration to take appropriate action to accelerate and promote the construction of pipelines and other important energy infrastructure. The president's executive order directs EPA to consult with states and tribes on reviewing and updating guidance and regulations related to Section 401 of the CWA.

Section 401 of the CWA gives states and authorized tribes the authority to assess potential water quality impacts of discharges from federally permitted or licensed infrastructure projects that may affect navigable waters within their borders. The EPA's existing certification rules have not been updated in nearly 50 years and are inconsistent with the text of CWA Section 401, leading to confusion and unnecessary delays for infrastructure projects. With today's action, EPA is proposing to modernize and clarify the timeline and scope of CWA Section 401 certification review and action to be consistent with the plain language of the CWA.

EPA will accept public comment on the proposed rule for 60 days following publication in the Federal Register.

To review the proposed rule and learn more about the CWA Section 401 certification process, see: https://www.epa.gov/cwa-401

Background information:

EPA is proposing this rule in response to President Trump's Executive Order 13868, "Promoting Energy Infrastructure and Economic Growth." EPA was directed to first revise guidance on the CWA Section 401 certification process and then to propose new rules to implement CWA Section 401 by Aug. 8, 2019. EPA engaged in formal consultation with state, local and tribal partners, as well as other federal agencies, to develop this proposed rule. Under the executive order, the EPA is scheduled to finalize this rule in May 2020.

Administrator Wheeler addresses CMA audience.

EPA Appoints Ken McQueen as Region 6 Administrator

EPA Appoints Ken McQueen as Region 6 Administrator

DALLAS (August 5, 2019) - Today, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced the appointment of Ken McQueen of New Mexico to become regional administrator for Region 6. Mr. McQueen will oversee environmental protection efforts in the states of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas and in 66 Tribal Nations.

Ken McQueen has extensive experience in public service and industry working in the south-central region of the United States on water, natural resource and energy issues. Mr. McQueen will join the agency having most recently worked as the state of New Mexico Cabinet Secretary for the Energy, Minerals, and Natural Resources Depart (EMNRD) from 2016 to 2018. During his tenure as cabinet secretary, he worked to streamline rules and regulations.

"Ken's experience in public service and familiarity with natural resource issues make him an excellent choice to lead the Region 6 office," said EPA Administrator Andrew Wheeler. "I look forward to working with Ken to advance the Agency's mission and protect human health and the environment for our south-central residents."

Prior to serving as New Mexico's EMNRD Cabinet Secretary, Mr. McQueen worked as Vice President of Williams / WPX Energy from 2002 to 2016 where he managed the company's assets in New Mexico, Colorado and Wyoming. During this time, he also served as an adjunct professor in petroleum engineering at The University of Tulsa. He also served as a joint venture engineer for Vintage Petroleum Inc. from 1994 to 2002 where he managed all non-operated properties across 12 states and multiple basins. Prior to that he worked as a petroleum engineer at Amerada Hess Corp. from 1982 to 1994.

Widespread Praise for McQueen's Appointment:

"The importance for the Federal Government and States to work hand in hand to address environmental and energy issues is strongly recognized by President Trump and his administration," said former New Mexico Governor Susana Martinez. "I applaud the President's choice to appoint Ken McQueen as the EPA Administrator for Region 6. Ken has proven his strong leadership and depth of knowledge within the private sector and as my Energy Cabinet Secretary. I wish Ken much success in his new role."

"I congratulate Mr. McQueen on his appointment," said Louisiana Department of Environmental Quality Secretary Dr. Chuck Carr Brown. "I know his experience and knowledge will serve him well as he deals with the many challenges ahead. I look forward to working with him."

"I look forward to working with Regional Administrator McQueen," said Texas Commission on Environmental Quality Chairman Jon Niermann. "His experience in government and knowledge of environmental and energy issues will serve Texas well."

"The selection of Ken McQueen as regional administrator continues the tradition of strong leadership in Region 6," said Oklahoma Secretary of Energy & Environment Ken Wagner. "His track record of success as secretary in New Mexico and his long history in Oklahoma make him an excellent selection for this role. We applaud Administrator Wheeler and President Trump for appointing a person who understands the importance of a strong partnership between EPA and the States."

"The Arkansas Department of Energy and Environment congratulates Ken McQueen on his appointment, and we commend his efforts to streamline rules and regulations," said Arkansas Department of Energy and Environment Secretary Becky W. Keogh. "We look forward to strong partnerships and cooperation to drive environmental improvements of local, regional, and national importance."

EPA News: EPA Recognizes Bucks County Site for Excellence in Reuse (Pa.)

Contact: sternberg.david@epa.gov

EPA Recognizes Bucks County Site for Excellence in Reuse

Celebrates 20 Years of Superfund Redevelopment

PHILADELPHIA (August 2, 2019) Today, the U.S. Environmental Protection Agency (EPA) presented Heritage Conservancy in Southern Bucks County, Pennsylvania with its Excellence in Site Reuse Award for outstanding work in the reuse of the Croydon TCE Superfund Site. The award is part of EPA's commemoration of the 20^th anniversary of the Superfund Redevelopment Initiative (SRI), launched in 1999 with the goal of returning formerly contaminated lands to long-term sustainable and productive reuse for communities across the country.

"Today, we get to talk about the incredible opportunities that Superfund sites offer for rejuvenating properties and revitalizing neighborhoods once they are cleaned up," said EPA Regional Administrator Cosmo Servidio.

Before the agency's Redevelopment Initiative, sites were cleaned up but not necessarily put back into productive use. By considering reuse early in the site cleanup process, the Redevelopment Initiative helps ensure that desired future uses are compatible with site cleanup remedies and removes barriers that could keep areas vacant or underused.

The Croydon TCE Site, located in a 3.5 square mile area within the southernmost portion of Bristol Township, Bucks County, includes residential, commercial, and industrial properties. The Site was listed on the National Priorities List (NPL) in June 1986 after elevated levels of volatile organic compounds (VOCs) were detected in groundwater. EPA's cleanup remedy included connecting impacted residents to public water and constructing a groundwater exraction and treatment system to clean up the contamination.

Returning Superfund sites back to productive use has resulted in dramatic changes in communities by improving the quality of life, raising property values, and providing needed services to communities.

Heritage Conservancy acquired 80 acres of the Croydon Site in 2016 and operates a preserve that is one of the last remaining coastal plain forests in Pennsylvania. The preserve provides publicly accessible green space in a developed area of Bucks County and is inhabited by many mammals, birds, reptiles, and amphibians. Heritage Conservancy also works closely with the local Little League and the nearby Keystone Elementary School to provide field trips and educational opportunities.

"Green spaces that exist in highly populated areas are some of the most important natural lands that exist today, because they provide connections to nature for people who would not otherwise be able to experience it," said Heritage Conservancy President Jeffrey Marshall.

Overall, approximately 1,000 Superfund sites are in reuse today--more than half the number of sites on Superfund's National Priorities List. EPA has data on over 8,600 businesses at 529 of these sites. In fiscal year 2018 alone, these businesses generated $52.4 billion in sales, which is more than four times the amount EPA has spent at these sites. These businesses employed more than 195,000 people who earned a combined income of $13 billion. Over the last 7 years, these businesses generated at least $263 billion in sales.

Superfund redevelopment can also lead to energy independence. Today, 59 Superfund sites are home to alternative energy facilities. As of September 2018, these facilities provided enough energy to power about 95,000 homes. Wind, solar and landfill gas facilities make up about 92 percent of these projects. For example, a 7-megawatt solar farm at the Brick Township Landfill site in New Jersey powers all municipal buildings and community park facilities in the township. A solar array at the Continental Steel site in Kokomo, Indiana, provides enough energy to power 1,000 homes.

Over the last few years, as part of the Superfund Task Force work, EPA developed a nationwide list of Superfund National Priorities List sites with the greatest expected redevelopment potential. The list helps promote a renewed focus on accelerating work and progress at all Superfund sites while working to successfully return sites to productive use after cleanup is completed.

Today's commemoration is one in a series of events throughout the next 12 months recognizing Superfund's achievements in revitalizing communities and protecting human health and the environment.

As part of the commemoration, EPA is releasing SRI's 20th Anniversary Report https://www.epa.gov/superfund-redevelopment-initiative/epa-celebrates-20-years-superfund-redevelopment.

For more information about EPA's Superfund Task Force, please visit https://www.epa.gov/superfund/superfund-task-force.

For more information about Superfund redevelopment, please visit the https://www.epa.gov/superfund-redevelopment-initiative.

For more information on regional redevelopment benefits, see the 2018 Redevelopment Beneficial Effects reports for each of our regional offices at https://www.epa.gov/superfund-redevelopment-initiative/redevelopment-economics-superfund-sites#regional.

Proposed Revisions to Clarify New Source Review Permitting Process

Proposed Revisions to Clarify New Source Review Permitting Process

WASHINGTON (August 1, 2019) – Today, the U.S. Environmental Protection Agency (EPA) is proposing a rule to clarify the process for evaluating whether a New Source Review (NSR) preconstruction permit is needed when an existing major-emitting facility plans to make changes or expand.

"Today's proposal is an important step towards President Trump's goal of reforming the elements of NSR that regularly discouraged facilities from upgrading and deploying the latest energy efficient technologies," said EPA Administrator Andrew Wheeler. "By simplifying the permitting process and implementing a common-sense interpretation of our NSR rules, we will remove a major obstacle to the construction of cleaner and more efficient facilities."

On March 13, 2018, then Administrator Scott Pruitt issued a guidance memorandum explaining that EPA's current NSR rules were reasonably interpreted to provide that, at the outset of the process to determine NSR applicability, emissions decreases projected to result from a proposed project could be taken into account along with any projected emissions increases. This rule codifies and implements that 2018 guidance memorandum by making minor revisions to the text of the NSR permitting rules, to provide clarity and certainty to the regulated community.

NSR provisions require preconstruction permits when a facility plans to make "major modifications" or otherwise expand operations that may increase its air emissions. Determining whether a proposed project triggers the threshold to obtain an NSR permit is a two-step process. At Step 1, a determination must be made whether the proposed project will, by itself, result in a significant emissions increase. If a significant emissions increase is projected to occur, the process moves on to Step 2, where a determination must be made whether there will be an overall increase in emissions, when all of the other emissions increases and emissions decreases that may have occurred at the facility over the preceding several years, and which are unrelated to the proposed project, are accounted for. This Step 2 "contemporaneous netting" calculation can be complicated and time-consuming to undertake.

This proposal clarifies that both projected emissions increases and projected decreases that are attributable to a proposed project can be considered during Step 1 of the two-step NSR applicability test. This process, once called "project netting," is now more accurately known as project emissions accounting.

EPA expects that allowing emissions accounting at Step 1 will reduce regulatory burden -- saving time and money without sacrificing environmental protection. If the results of this Step 1 evaluation show that the proposed project will not result in a significant emissions increase (e.g., because any emissions increases attributable to the project are offset by emissions decreases occurring elsewhere at the source due to the project), this would end the applicability evaluation. In general, the project could then proceed under a state-issued minor source permit. This saves resources that would otherwise be required for a complex multi-unit evaluation prior to a major NSR permit applicability determination.

EPA will accept public comment on this proposal for 60 days after it is published in the Federal Register.

For more information see: https://www.epa.gov/nsr/nsr-regulatory-actions

EPA Announces Updated Chemical Review Tool

EPA Announces Updated Chemical Review Tool

Agency takes unprecedented step to make additional information about the status of chemical reviews available to the public

WASHINGTON (August 1, 2019) — Today, the U.S. Environmental Protection Agency (EPA) is continuing its commitment to transparency by making additional information about new chemical notices available to the public on the agency's website. Visitors to the updated chemical review status tracker can view and search monthly updates for any active Premanufacture Notice (PMN), Significant New Use Notice (SNUN) and Microbial Commercial Activity Notice (MCAN) of interest by case number. It is important to note that this tool will continue to keep confidential business information confidential.

"By making this tracker available online, for the first time the public will easily be able to learn where a particular new chemical is in the EPA review process," said EPA Administrator Andrew Wheeler. "With this step the agency is following through on its commitment to transparency and is providing applicants, stakeholders and the public with an easy-to-use tool to monitor the progress of new chemical safety reviews."

Visitors to the site will also be able to download a spreadsheet with a list of all active cases and each case's status. Previously, the agency only presented the number of cases in each step of the review process without identifying case numbers. This enhancement supplements the existing status tables describing the received date, the interim status, and final determinations for each case reviewed by EPA since the amendments to Toxic Substances Control Act (TSCA) were passed in 2016. The update also supports the agency's ongoing efforts to more efficiently review new chemicals submissions by proactively providing status updates to submitters.

This action is another important step toward meeting EPA's transparency goals and complements other recent actions, including publishing all new chemical notices and their attachments (May 2019) and publishing information about TSCA Confidential Business Information claim reviews (July 2019). Later this year, website visitors will be able to connect to certain PMN and SNUN cases of interest on ChemView through quick links in our status tracker. The agency plans to continue to increase access to this information next year by increasing the frequency of updates to the tracker. These efforts to enhance the availability of TSCA information reaffirms Administrator Andrew Wheeler's commitment to increase transparency regarding the work of EPA's new chemicals program.

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