EPA Finalizes Revisions to the Coal Ash Closure Regulations, Increases Public Access to Information

 

 

 

EPA Finalizes Revisions to the Coal Ash Closure Regulations, Increases Public Access to Information

 

WASHINGTON (July 29, 2020) — Today, the U.S. Environmental Protection Agency (EPA) finalized several changes to the regulations for coal combustion residuals, known as CCR or coal ash, to implement the court's vacatur of certain closure requirements as well as adding provisions that enhance the public's access to information about the management of coal ash at electric utilities.

"Today's action makes changes to the closure regulations for coal ash storage that enhance protections for public health while giving electric utilities enough time to retrofit or replace unlined impoundment ponds," said EPA Administrator Andrew Wheeler. "The public will also be better informed as EPA makes facility groundwater monitoring data more accessible and understandable."

In response to court rulings, this final rule specifies that all unlined surface impoundments are required to retrofit or close, not just those that have detected groundwater contamination above regulatory levels. The rule also changes the classification of compacted-soil lined or "clay-lined" surface impoundments from "lined" to "unlined," which means that formerly defined clay-lined surface impoundments are no longer considered lined surface impoundments and need to be retrofitted or closed.

Additionally, the rule establishes a revised date, April 11, 2021, by which unlined surface impoundments and units that failed the aquifer location restriction must cease receiving waste and initiate closure or retrofit. EPA determined this new feasible date after a thorough review of the construction timeline information submitted during the public comment period.

Even though EPA is making several regulatory changes with this final rule, the regulations in place since 2015 to detect, assess, and remediate impacts on groundwater from CCR in surface impoundments and landfills are in place and implementation remains on schedule. The 2015 requirements for facility inspection, monitoring, recordkeeping and reporting requirements are also unchanged except for two enhancements to public access to information. EPA's updates with this final rule keep the major protections and requirements of the 2015 rule in place while making changes to address litigation and apply lessons learned to ensure smoother implementation of the rule.

EPA is also finalizing revisions to the alternative closure provisions that would grant certain facilities additional time to develop alternative capacity to manage their waste streams (including additional waste – primarily non-CCR wastewater – generated at the facility) before they must stop receiving waste and initiate closure of their surface impoundments.

Lastly, EPA is finalizing amendments to make data more accessible and understandable to the public by: 

• Revising the annual groundwater monitoring and corrective action report requirements to make the data easier for the public to understand and evaluate, including a requirement to summarize the results in an executive summary.
• Revising the CCR website requirements to ensure that relevant facility information required by the regulations is immediately available to the public.

Background:

In April 2015, EPA promulgated a comprehensive set of requirements for the management of CCR in landfills and impoundments. CCR include a variety of waste streams, specifically, fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from coal-fired electric utilities; these waste streams are commonly known as coal ash. The rule established corrective action, closure and post closure, technical standards, and inspection, monitoring, recordkeeping and reporting requirements. In Utility Solid Waste Activities Group [USWAG et al. v. EPA (Aug. 21, 2018)], the D.C. Circuit of Appeals overturned certain provisions of EPA's 2015 rule and remanded some provisions back to the agency.

For more information on these revisions, see: https://www.epa.gov/coalash.

 

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EPA News: EPA Evaluates Restoration Plans; Continues to Support States’ Commitments

 

 

 

Contact: R3press@EPA.gov EPA Evaluates Restoration Plans; Continues to Support States' Commitments PHILADELPHIA (July 29, 2020) – The U.S. Environmental Protection Agency (EPA) today announced it will continue to provide financial and technical assistance to support two-year plans by the seven Chesapeake Bay states to reduce pollutants impacting the Bay and local rivers and streams. The federal actions are included in EPA's evaluations of final 2020-2021 milestones submitted by Maryland, Virginia, Pennsylvania, Delaware, West Virginia, New York, the District of Columbia and a set of federal agencies.  The evaluations are available at https://www.epa.gov/chesapeake-bay-tmdl. In its detailed milestone reviews, EPA identified notable strengths and key areas still to address for each of the Bay states.   In addition to the current milestone period, EPA's reviews also focused on progress reported during 2018-2019 milestone period. "EPA will continue to fulfill its partnership role in assessing, supporting and overseeing commitments by the Bay states to put practices in place by 2025 to fully restore the Bay," said EPA Regional Administrator Cosmo Servidio.  "We have confidence that the Bay states will review the feedback in our evaluations and adjust their plans and milestone commitments, as necessary." EPA pledged in its evaluations to work with each of the Bay states to develop specific oversight and assistance activities to support implementation efforts, including funding, technical assistance and analysis, training and regulatory reviews. The funding and technical assistance, for example, will support Pennsylvania as it works to strengthen its Phase III Watershed Implementation Plan (WIP) by 2021 and close the gap in its 2025 commitments.   As part of its oversight responsibilities, EPA has taken steps with Pennsylvania to ensure funding is being spent efficiently and expeditiously in the most effective areas for pollution reduction. Since the release of the Chesapeake Bay TMDL in 2010, EPA and its federal partners have provided sustained assistance to the Bay states to support their restoration actions – from wastewater treatment plant upgrades to agricultural best management practices to stormwater control. EPA will continue to commit staff, contractual and funding resources to support implementation of the states' Phase III WIPs and two-year milestones. In its oversight role, EPA will meet frequently with the Bay states and will report to the Chesapeake Bay Program partnership and the public on the states' success in meeting their goals.  EPA is recommending that Pennsylvania report quarterly on its progress. #          #          #

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EPA Region 2 Continues to Address PFAS on the State and Local Level

 

 

 

CONTACT: rodriguez.elias@epa.gov   EPA Region 2 Continues to Address PFAS on the State and Local Level   NEW YORK (July 29, 2020) Aggressively addressing per- and polyfluoroalkyl substances (PFAS) continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA). Today, EPA Region 2 highlighted efforts to help communities in the region address the exposure pathway risks from per- and poly-fluoroalkyl substances (PFAS) and the agency's constructive engagement to manage the potential PFAS environmental impacts. EPA Region 2 is taking a proactive approach to address PFAS and is accelerating efforts to expand scientific knowledge about PFAS. In July alone, EPA has made significant progress implementing the PFAS Action Plan —the most comprehensive cross-agency plan ever to address an emerging chemical of concern. "With federal technical assistance efforts underway across the country, the Trump Administration is bringing much needed support to state, tribal, and local governments as part of the agency's unprecedented efforts under the PFAS Action Plan," said EPA Administrator Andrew Wheeler. "These partnerships allow for collaboration, encourage cutting edge research, and information sharing—ensuring that our joint efforts are effective and protective of public health." "Working in close partnership with states, tribes, and local communities across the country, EPA is focused on PFAS reductions and protecting public health," said EPA Regional Administrator Pete Lopez. "EPA Region 2 is providing positive and proactive leadership in addressing per- and polyfluoroalkyl substances and this area continues to be an active and ongoing priority for EPA." EPA Region 2 has generally become involved with communities impacted by PFAS as they are identified or if they are connected with sites under the Superfund program or the Resource Conservation and Recovery Act (RCRA) Corrective Action program. Communities have also self-identified and others have been brought to EPA's attention by the state. In some communities, where drinking water sampling has indicated levels of PFAS in exceedance of EPA's health advisories, EPA Region 2 has coordinated with local officials, drinking water utilities, state drinking water primacy agencies, and other federal agencies to inform the public. EPA Region 2 has been directly involved in communities with potential PFAS contamination where that contamination may be found at a Superfund site. Many of those sites are overseen by the Department of Defense (DOD), such as Joint Base McGuire-Dix-Lakehurst (JBMDL) near Trenton, N.J. and Picatinny Arsenal near Dover, N.J. These sites are on the Superfund National Priorities List (NPL) and cleanup activities are managed through the Air Force and Army, respectively. PFAS investigations have been ongoing for several years. The Department of Energy (DOE) has also been investigating potential PFAS contamination related to the Brookhaven National Lab Superfund site. At the DOD and the DOE site restoration advisory boards or community advisory councils are in place. These provide a forum for members of the public and local/state and federal regulators to discuss and provide input on these investigations. At the NPL sites, EPA is the lead agency for regulatory oversight and works with its state and local counterparts to ensure that the varying concerns are identified and addressed whenever possible. Challenges exist at these sites where multiple non-federal potential sources of contamination are identified, such as fire training facilities. This can complicate jurisdiction and responsibility for cleanup. In such cases, continuing open communication is key to moving projects forward. Some of EPA's involvement is through known potential sources, such as at the Chemours Chambers Works and Solvay Specialty Polymers RCRA corrective action facilities in southern N.J. EPA is the lead in overseeing work being conducted under a RCRA Corrective Action Permit at the Chemours Chambers Works complex located in Deepwater, N.J. Chemours runs a sampling program for private drinking water wells in the vicinity of the facility and when needed, has provided point-of-entry treatment systems or has connected residences to public water supplies. EPA has worked closely with local and state officials and has developed several approaches to assist with public communication. At the request of EPA, Chemours is working on a public web page that will include site-related documents. Chemours is also working on a public participation plan, and has a Community Advisory Panel. At the Solvay Specialty Polymers facility in West Depford, N.J, NJDEP is the lead for the site's remediation program, including PFAS-related mitigation and cleanup activities on and off-site. EPA reviews and provides technical assistance on Solvay's PFAS investigation work plans and reports. NJDEP requested that EPA scientists collaborate with them to identify PFAS compounds that have been used as replacements for legacy PFAS in industrial applications and to characterize the distribution of legacy PFAS in soil samples they collected in southwestern N.J., including areas adjacent to the Solvay Specialty Polymers and Chemours facilities.  EPA's research identified legacy PFAS compounds in soil samples as well as ten PFAS compounds that appear to be replacements for legacy PFAS previously used in industrial processes in the area. The researchers used these analytical findings to develop contour maps of the presence of new PFAS compounds and legacy PFAS compounds, with the highest concentrations closest to potential industrial sources identified by NJDEP.  EPA was approached by members of the rural community of Hoosick Falls, N.Y. about perfluorooctanoic acid (PFOA) in their drinking water above the EPA health advisory level that was then in effect. EPA has been working collaboratively with the community and with the state since the agency became involved. New York State addressed the drinking water issue by requiring a treatment system and investigating facilities and landfills in the area as potential sources. In 2017, EPA also added the Saint-Gobain Performance Plastics (SGPP) McCaffrey Street site to the NPL. New York State is the lead agency for all sites in Hoosick Falls, with the New York State Department of Health leading efforts regarding public water supply issues. In March 2019, at the request of the New York State Department of Environmental Conservation (NYSDEC), EPA's Office of Research and Development sampled emissions to characterize potential residual PFAS and volatile organic compounds (VOCs) air releases from the SGPP-McCaffrey Street facility. In December 2019, NYSDEC reported EPA's findings to the Mayor and the community that the emissions are free of PFOA and other long-chain legacy perfluorinated carboxylic acids. Through its Superfund program, EPA has sampled for PFAS compounds at a number of NPL sites, many at the request of the state. In New York, the state requested that sampling occur at approximately 80 federal NPL sites. For the sites on Long Island, EPA performed the sampling and provided the samples to the state for analysis. In New Jersey, approximately 18 sites have been sampled as part of regular site investigations. The data has been shared with the state. While EPA is not the federal lead for PFOS contamination at the Stewart Air National Guard Base in Newburgh, N.Y., EPA has a close partnership with Newburgh and continues to monitor progress at the site. The fire-fighting foam from a fire training area is a potential source for the PFAS contamination that has been found in Washington Lake, a drinking water source for the city of Newburgh. The Air National Guard has been investigating contamination on their property. New York State has the lead on overseeing the cleanup and the work to address the drinking water. On February 11, 2020, the Agency for Toxic Substances and Disease Registry (ATSDR) began an exposure assessment of PFAS in drinking water near the Stewart Air National Guard. Background Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals that have been in use since the 1940s. PFAS are found in a wide array of consumer and industrial products. PFAS manufacturing and processing facilities, facilities using PFAS in production of other products, airports, and military installations are some of the contributors of PFAS releases into the air, soil, and water. Due to their widespread use and persistence in the environment, most people in the United States have been exposed to PFAS. There is evidence that continued exposure above specific levels to certain PFAS may lead to adverse health effects. As part of EPA's aggressive efforts to address these risks, the agency issued the PFAS Action Plan in February 2019. The Action Plan is the agency's first multi-media, multi-program, national research, management, and risk communication plan to address a challenge like PFAS. The plan responds to the extensive public input the agency received during the PFAS National Leadership Summit, multiple community engagements and through the public docket. The PFAS Action Plan outlines the processes and tools EPA is using to assess the PFAS risk and assist states, tribes and communities in addressing their unique situations. For more information about PFAS, please visit: www.epa.gov/pfas Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-050

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EPA News: Trump EPA Continues to Aggressively Address PFAS on the Federal, State, and Local Level

 

 

 

Contact: R3press@EPA.gov Trump EPA Continues to Aggressively Address PFAS on the Federal, State, and Local Level PHILADELPHIA (July 29, 2020) — Aggressively addressing per- and polyfluoroalkyl substances (PFAS) continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA).  In the Mid-Atlantic Region, as part of the PFAS Action Plan , EPA is helping states and local communities in the region target PFAS reductions and protect public health. "With federal technical assistance efforts underway across the country, the Trump Administration is bringing much needed support to state, tribal, and local governments as part of the agency's unprecedented efforts under the PFAS Action Plan," said EPA Administrator Andrew Wheeler. "These partnerships allow for collaboration, encourage cutting edge research, and information sharing—ensuring that our joint efforts are effective and protective of public health." "EPA is collaborating with our state and local partners in the Mid-Atlantic Region to address PFAS and mitigate risks to communities," said EPA Mid-Atlantic Regional Administrator Cosmo Servidio.  "Our collective efforts are making a difference in determining necessary actions to protect public health and the environment." EPA Provides Help Where It Is Needed EPA has formed partnerships with states, tribes, and local communities across the country. These joint projects allow EPA to take the knowledge of its world class scientists and apply it in a collaborative fashion where it counts most. Examples of this federal, state and local cooperation in EPA's Mid-Atlantic Region include: EPA's Superfund program manages and provides oversight of Department of Defense (DOD) actions at a complex PFAS contamination issue in Southeast Pennsylvania in partnership with the Pennsylvania Department of Environmental Protection (PADEP).  The contamination stems from the former Naval Air Development Center and the Willow Grove Naval Air and Air Reserve Station, which are located about two miles apart from each other.  Releases from these sites impacted private and public drinking water and surface water with PFAS. In response to levels of PFAS above EPA's Health Advisory in public and private drinking water, EPA's Mid-Atlantic Region, on behalf of the DOD, took the lead in rapidly providing an alternative water supply and conducted sampling of drinking water at hundreds of homes. Through extensive coordination among federal, state and local authorities, known drinking water exposures have been eliminated and PFAS contributions to surface water mitigated. EPA and PADEP continue to evaluate studies and response actions related to PFAS from these and other potential sites nearby.  The work is being conducted by the DOD using their Superfund authorities. EPA also works with various stakeholders including Townships, water providers and the public to ensure their issues and concerns are addressed. EPA and PADEP continue to work together coordinating input on the investigations, response actions, and community updates at these sites. Involvement of the affected community is a critical component in response planning and activities. EPA staff along with the Agency for Toxic Substances and Disease Registry conducted and assisted DOD in planning and executing community meetings and information sessions. EPA also provided information in response to requests from community members and other stakeholders including local, state and federal representatives, township officials and the media.   At the request of West Virginia Department of Environmental Protection (WVDEP), EPA scientists analyzed PFAS samples collected during air emission testing at an industrial facility near Parkersburg. The results helped demonstrate the effectiveness of emissions controls for GenX and other legacy perfluorinated carboxylic acids and allowed the WVDEP to make the appropriate regulatory decisions.   At the Blades Groundwater Site, in the Town of Blades, Delaware, EPA  uncovered new information that indicated that PFAS compounds were used at a former chrome-plating facility. Releases from the facility potentially affect municipal drinking water wells and residential wells near the site.  Based on EPA's discovery, rather than closing out evaluation of the site, PFAS sampling was conducted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and confirmed the presence of PFAS contamination in municipal drinking water wells  above the EPA Health Advisory Level.  EPA worked closely with DNREC, other state and local agencies, and rapidly assessed and expedited several investigative actions at Blades, including residential well assessments to determine if any residential wells near the former chrome-plating facility have been impacted  by PFAS. Concurrently, DNREC coordinated response actions to provide the Town of Blades an alternate source of safe drinking water. EPA's diligent collaboration and partnership with Delaware also resulted in proposing the Blades Groundwater site for inclusion on the National Priorities List. EPA Continues Innovative Approaches to Studying PFAS EPA's Mid-Atlantic Region is collaborating in a Regional Sustainability and Environmental Sciences (RESES) project. EPA's Office of Research and Development and EPA Region 2 have spearheaded the project and other collaborators include the states of New York and New Jersey. The RESES project is called "Investigation of the Factors Influencing the Fate and Transport of Per- and Polyfluoroalkyl Substances and the Development of an Approach to Determine Soil Screening Levels Protective of Groundwater." The goal of the research is to develop an understanding of the behavior of select PFAS compounds, including PFOA and PFOS, in various geologic and geochemical settings so that more accurate models can be developed to predict PFAS movement in the subsurface and potential impact to drinking water aquifers. The field portion of this study will include sampling at the Valmont TCE Superfund Site located in Hazleton, PA, which is also contaminated with PFAS. EPA's regional actions complement the efforts being made to address PFAS nationwide. In July alone, EPA has made significant progress implementing the PFAS Action Plan—the most comprehensive cross-agency plan ever to address an emerging chemical of concern.  For the latest actions EPA has taken nationwide to address PFAS https://www.epa.gov/newsreleases/trump-epa-continues-aggressively-address-pfas-federal-state-and-local-level For more on EPA's PFAS research https://www.epa.gov/chemical-research/research-and-polyfluoroalkyl-substances-pfas

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ICYMI: Administrator Wheeler Visits Western States, Reaffirms President Trump’s Commitment

 

 

ICYMI: Administrator Wheeler Visits Western States, Reaffirms President Trump's Commitment to Reducing Regulatory Burdens and Revitalizing Communities

WASHINGTON (July 28, 2020) This week, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler, Associate Deputy Administrator Doug Benevento, and Regional Administrator Greg Sopkin visited the states of Wyoming, Montana, and Colorado to meet with community leaders, farmers, and EPA staff, touring several EPA Brownfields and Superfund sites to see progress being made.

Administrator Wheeler kicked off his Western states swing in Wyoming, where he signed a Memorandum of Understanding (MOU) with the Nuclear Regulatory Commission, taking an important step forward towards establishing a robust domestic uranium mining industry and supporting national security interests of the United States. The MOU outlines how EPA and NRC will work to accomplish our respective responsibilities under Title II of the Uranium Mill Tailings Radiation Control Act of 1978 to protect public health, safety and the environment from radiological and non-radiological hazards.

Following a meeting with Wyoming Governor Mark Gordon and the Wyoming Department of Environmental Quality, Administrator Wheeler toured the Sherard Water Treatment Plant, which supplies potable water for the city of Cheyenne. They also visited an adjacent groundwater treatment plant that uses air filtration technology to remove TCE to non-detectable levels in the city's drinking water. 

While in Kalispell, Mont., Administrator Wheeler, Senator Daines, and Attorney General Tim Fox toured a number of Brownfields sites including the Glacier Rail Park, SunRift Restaurant, former CHS Country Store, and former CHS Agronomy Center. Redevelopment of this site is just the latest sign that the ambitious Kalispell Core & Rail Redevelopment Plan is resulting in land-use changes and improvements that are more commensurate with the surrounding community.

Administrator Wheeler finished the day at the Montana State University (MSU) Northwestern Agricultural Research Center meeting with local farmers and seeing ongoing research on crop science. While at the MSU Agriculture Research Center, Administrator Wheeler and Attorney General Fox discussed important issues including the Navigable Waters Protection Rule and water reuse with representatives from the research center, the Montana Farm Bureau, Montana Grain Growers Association, CHS Mountain West Co-Op, and Future Farmers of America students from Glacier High School. 

Finally, Administrator Wheeler concluded his Western states swing in Pueblo, Colo., with a tour of the Colorado Smelter Superfund Site. While at the site, Administrator Wheeler saw firsthand the tremendous cleanup progress being made since accelerated cleanup funding was awarded to reduce public exposure to lead and other hazardous substances. Additionally, the Administrator visited with local officials to learn about and discuss revitalization efforts focused on the impacted neighborhoods.

Administrator Wheeler held a press conference in Pueblo, Colo. on the progress at the site:"We are here to help, together we can get this community and these neighborhoods where they need to be," said Wheeler. "The most important facet of this project is the children that play in the yards and the home in the surrounding community."

Watch the full video here. 

 

 

 

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EPA Proposes Change to Cleanup Plan for the Imperial Oil Superfund Site in Morganville, New Jersey

 

 

 

CONTACT: rodriguez.elias@epa.gov   EPA Proposes Change to Cleanup Plan for the Imperial Oil Superfund Site in Morganville, New Jersey Morganville, N.J. (July 28, 2020) – The U.S. Environmental Protection Agency (EPA) is proposing a change to its plan to address groundwater contamination at the Imperial Oil Superfund Site in Morganville. Data collected since the original cleanup plan was selected in 1992 indicate that natural processes are effectively reducing the levels of contaminants and that active treatment of the groundwater is not needed. As a result, the agency plans to rely on natural processes to address the groundwater rather than extract and treat the groundwater as the original decision stated. Throughout the cleanup, monitoring and further studies will be conducted to ensure the effectiveness of the remedy. "We are glad to see that the groundwater data collected over the last nine years, suggest that our previous cleanup actions were effective and contaminant levels are continuing to decrease," said EPA Regional Administrator Pete Lopez. "Under the Superfund program, our work here is reaping benefits and today the site is populated with trees, grass, restored wetlands, a pond and a bike path." The Imperial Oil facility, located in the Morganville section of Marlboro Township, operated from the 1950s until 2007. Improper work practices and piles of waste from oil reclamation activities contaminated soil and sediment on the plant property, in adjacent wetlands, the nearby Birch Swamp Brook and on several residential properties. Groundwater underlying the site was also contaminated. The site cleanup was originally overseen by the New Jersey Department of Environmental Protection (NJDEP). The NJDEP excavated soil, cleaned up part of the wetlands and sediment in the brook and removed oil that was floating underneath the ground and on top of the groundwater. The EPA took over the cleanup of the property in 2006 at NJDEP's request. In 2008, the EPA completed the demolition of structures on the site, including all production, storage and maintenance buildings, as well as above-ground tanks. In 2011, the EPA completed the excavation of the soil and the restoration of the industrial property.  The excavated property areas were seeded and restored along with the restoration of the wetlands. In 2013, EPA completed the cleanup of the remaining wetlands and contaminated sediments in Birch Swamp Brook. As part of today's announced plan, EPA is requiring periodic collection and analysis of groundwater samples to verify that the level and extent of contaminants are declining, and that people's health and the environment are protected. The EPA will conduct a review within 5 years to ensure the effectiveness of the cleanup. A 30-day public comment period for the proposed plan will occur from July 28, 2020 until August 28, 2020. EPA will host a Virtual Public Meeting on August 11, 6:00 p.m. To register for the public meeting go to https://www.eventbrite.com/e/imperial-oil-virtual-public-meeting-tickets-114604428932   For more information about the meeting, please contact the Community Involvement Coordinator Pat Seppi at Seppi.Pat@epa.gov, (212) 637-3679. Written comments on EPA's proposed plan may be mailed or emailed to Renee Gelblat, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway, 19th Floor, New York, New York 10007-1866 or Gelblat.Renee@epa.gov. Comments postmarked on or before August 28, 2020 will be accepted. The EPA's proposed plan for the site will be made available at www.epa.gov/superfund/imperial-oil. Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page http://facebook.com/eparegion2   20-049

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Trump EPA Continues to Aggressively Address PFAS on the Federal, State, and Local Level

 

 

 

Trump EPA Continues to Aggressively Address PFAS on the Federal, State, and Local Level

 

Building on the assistance provided to more 30 states, Trump Administration continues its commitment to supporting state, tribal, and local communities in addressing PFAS

 

WASHINGTON (July 28, 2020) — Aggressively addressing per- and polyfluoroalkyl substances (PFAS) continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA). In July alone, EPA has made significant progress implementing the PFAS Action Plan —the most comprehensive cross-agency plan ever to address an emerging chemical of concern. Together, these efforts are helping EPA, states, tribes, and local communities across the country target PFAS reductions and protect public health.

"With federal technical assistance efforts underway across the country, the Trump Administration is bringing much needed support to state, tribal, and local governments as part of the agency's unprecedented efforts under the PFAS Action Plan," said EPA Administrator Andrew Wheeler. "These partnerships allow for collaboration, encourage cutting edge research, and information sharing—ensuring that our joint efforts are effective and protective of public health."

EPA Moves Forward on New PFAS Policies

On July 27, EPA transmitted two new PFAS proposals to the Office of Management and Budget (OMB) for interagency review.

First, EPA submitted the Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS. The guidance would provide information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials. It would also identify ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance. Yesterday's action is the first step toward EPA fulfilling its FY 2020 National Defense Authorization Act (NDAA) obligation to publish interim guidance on the destruction and disposal of PFAS within one year.

Second, EPA transmitted the Unregulated Contaminant Monitoring Rule 5 (UCMR 5) proposal to OMB for interagency review. Consistent with EPA's commitment in the PFAS Action Plan and the requirements of the FY 2020 NDAA, EPA anticipates proposing nationwide drinking water monitoring for PFAS under UCMR 5 utilizing new methods that can detect PFAS that could not be detected before as the new methods detect more PFAS chemicals at lower concentrations than previously possible.

EPA Publishes Action that Strengthens PFAS Regulations

Yesterday, EPA's final Significant New Use Rule for long-chain PFAS published in the Federal Register. This final rule strengthens the regulation of PFAS by requiring notice and EPA review before the use of long-chain PFAS that have been phased out in the United States could begin again. Additionally, products containing certain long-chain PFAS used in a surface coating and carpets containing perfluoroalkyl sulfonate chemical substances can no longer be imported into the United States without EPA review.

EPA Collaborates with Federal Partners on PFAS Research

Also yesterday, EPA, the U.S. Department of Defense, the U.S. Department of Agriculture, and the U.S. Department of Health and Human Services announced a partnership with the National Academies of Sciences, Engineering, and Medicine to coordinate a workshop to review federal PFAS research efforts and help identify possible research gaps. This collaborative workshop will ensure PFAS research across the federal government is properly coordinated, complementary, and avoids unnecessary duplication. Click here to access EPA's PFAS research page and here for the status of specific PFAS research projects.

EPA Provides Help Where It Is Needed

Just as important as the progress on PFAS at the federal level, EPA has formed partnerships with states, tribes, and local communities across the country. These joint projects allow EPA to take the knowledge of its world class scientists and apply it in a collaborative fashion where it counts most.

In July, EPA Region 5 presented results from EPA's analyses of PFAS relating to chrome electroplating operations to more than 500 participants on a public webinar hosted by the Michigan Department of Environment, Great Lakes, and Energy. The data reports EPA provided to Michigan represent just 2 of 27 recent data reports EPA's Office of Research & Development has delivered to states across the country, providing the results of analyses of PFAS in water, soil, sediment, air emissions, vegetation, and other media. In all, these 27 data reports provide results on just under 1,000 samples collected in conjunction with states and analyzed by EPA.

Other examples of that technical assistance to states and localities include:

     · In conjunction with the New Hampshire Department of Environmental Services (NHDES), EPA provided analyses of PFAS in air emissions, char, and dispersants at an industrial site, along with analyses of PFAS in water (surface/ground) and soil collected in proximity to this site. NHDES used the results to inform air permitting requirements for the site.

     · At the request of West Virginia Department of Environmental Protection (WVDEP), EPA scientists analyzed PFAS samples collected during air emission testing at an industrial facility near Parkersburg. The results helped demonstrate the effectiveness of emissions controls for GenX and other legacy PFCAs and allowed the WVDEP to make the appropriate regulatory decisions.

EPA Improves Available Tools for States, Tribes, and Communities to Address PFAS

On July 15, EPA added new treatment options for four new PFAS compounds and 20 new scientific references to the Drinking Water Treatability Database, increasing the agency's depth of knowledge on these emerging chemicals of concern. The update serves as an important tool for states, tribes, and communities across the country who can now use these new technologies to better manage PFAS in drinking water and protect public health.

On July 21, EPA publicly released updates to the CompTox Chemical Dashboard, including new data and predictive models for PFAS that will help prioritize PFAS for further testing, help inform categorization efforts, and ultimately help the agency determine the true risk of potential exposure to these substances. The Dashboard is a one-stop-shop for information on not just PFAS chemicals, but also hundreds of thousands of other chemicals. 

EPA Continues Innovative Approaches to Studying PFAS

On July 1, EPA's PFAS Innovative Treatment Team completed a Memorandum of Understanding with a U.S.-based company specializing in disposal of biosolids, green waste, and biomass and plans to conduct field research with them this summer. The PFAS Innovative Treatment Team continues to line up field and laboratory research projects for the remainder of the summer to study ways of destroying PFAS and has met with several groups to discuss conducting field sampling at aqueous film forming foam (AFFF) incineration facilities.

Background on the PFAS Action Plan

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals that have been in use since the 1940s. PFAS are found in a wide array of consumer and industrial products. PFAS manufacturing and processing facilities, facilities using PFAS in production of other products, airports, and military installations are some of the contributors of PFAS releases into the air, soil, and water. Due to their widespread use and persistence in the environment, most people in the United States have been exposed to PFAS. There is evidence that continued exposure above specific levels to certain PFAS may lead to adverse health effects.

As part of EPA's aggressive efforts to address these risks, the agency issued the PFAS Action Plan in February 2019. The Action Plan is the agency's first multi-media, multi-program, national research, management, and risk communication plan to address a challenge like PFAS. The plan responds to the extensive public input the agency received during the PFAS National Leadership Summit, multiple community engagements and through the public docket. The PFAS Action Plan outlines the processes and tools EPA is using to develop to assess the PFAS risk and assist states, tribes and communities in addressing their unique situations.

 

 

 

 

 

 

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