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Biden-Harris Administration Finalizes Ban on Most Uses of Methylene Chloride, Protecting Workers and Communities from Fatal Exposure

WASHINGTON – Today, April 30, 2024, the U.S. Environmental Protection Agency finalized a ban on most uses of methylene chloride, a dangerous chemical known to cause liver cancer, lung cancer, breast cancer, brain cancer, cancer of the blood, and cancer of the central nervous system, as well as neurotoxicity, liver harm and even death. Ending most uses of methylene chloride will save lives and complements President Biden’s Cancer Moonshot, a whole-of-government initiative to end cancer as we know it.

EPA’s final action, also known as a risk management rule under the Toxic Substances Control Act (TSCA), will protect people from health risks while allowing key uses to continue safely with a robust new worker protection program. This is the second risk management rule to be finalized using the process created by the 2016 TSCA amendments.

“Exposure to methylene chloride has devastated families across this country for too long, including some who saw loved ones go to work and never come home,” said EPA Administrator Michael S. Regan. “EPA’s final action brings an end to unsafe methylene chloride practices and implements the strongest worker protections possible for the few remaining industrial uses, ensuring no one in this country is put in harm’s way by this dangerous chemical.”

“The USW applauds EPA’s final rule banning certain uses of methylene chloride and lowering allowable workplace exposure levels. More than 100,000 workers die from occupational disease each year, including those sickened by harmful chemical exposures. Our union fought for the updated Toxic Substances Control Act so that we could ensure that worker exposures to harmful substances like methylene chloride are appropriately assessed and regulated at harmful levels. Now, thanks to the current administration, workers are safer and better protected,” said David McCall, International President, United Steelworkers.

“Today’s announcement to ban most commercial uses of the toxic chemical methylene chloride in paint strippers is a significant step to protect more workers from this deadly chemical,” said Sarah Vogel, Senior Vice President for Healthy Communities at Environmental Defense Fund. “We are honored to stand beside the Hartley family, who has bravely shared their story to encourage this long overdue action that will save lives.”

Methylene chloride is used by consumers for aerosol degreasing and paint and coating brush cleaners, in commercial applications such as adhesives and sealants, and in industrial settings for making other chemicals. For example, methylene chloride is used in the production of more climate-friendly refrigerant chemicals.

“My son, Kevin, died in 2017 from methylene chloride exposure from refinishing a bathtub at work. I am pleased that the EPA is finally taking action and banning methylene chloride as a commercial bathtub stripper. This is a huge step that will protect vulnerable workers,” said Wendy Hartley, mother of Kevin Hartley, who died from methylene chloride poisoning.

Since 1980, at least 88 people have died from acute exposure to methylene chloride, largely workers engaged in bathtub refinishing or other paint stripping, even, in some cases, while fully trained and equipped with personal protective equipment. While EPA banned one consumer use of methylene chloride in 2019, use of the chemical has remained widespread and continues to pose significant and sometimes fatal danger to workers. EPA’s final risk management rule requires companies to rapidly phase down manufacturing, processing and distribution of methylene chloride for all consumer uses and most industrial and commercial uses, including its use in home renovations. Consumer use will be phased out within a year, and most industrial and commercial uses will be prohibited within two years.

EPA’s methylene chloride rulemaking also establishes landmark worker protections under the nation’s premier chemical safety law. For a handful of highly industrialized uses, EPA has created a Workplace Chemical Protection Program. This workplace chemical protection program has strict exposure limits, monitoring requirements, and worker training and notification requirements that will protect workers from cancer and other adverse health effects caused by methylene chloride exposure.

Uses that will continue under the Workplace Chemical Protection Program are highly industrialized and important to national security and the economy. These are uses for which EPA received data and other information that shows workplace safety measures to fully address the unreasonable risk could be achieved. These uses include:

Use in the production of other chemicals, including refrigerant chemicals that are important in efforts to phase down climate-damaging hydrofluorocarbons under the bipartisan American Innovation and Manufacturing Act.
Production of battery separators for electric vehicles.
Use as a processing aid in a closed system.
Use as a laboratory chemical.
Use in plastic and rubber manufacturing, including polycarbonate production.
Use in solvent welding.
Additionally, specific uses of methylene chloride required by the National Aeronautics and Space Administration, the Department of Defense, and the Federal Aviation Administration will also continue with strict workplace controls because sufficient reductions in exposure are possible in these highly sophisticated environments, minimizing risks to workers. 

For uses of methylene chloride continuing under the Workplace Chemical Protection Program, most workplaces will have 18 months after the finalization of the risk management rule to comply with the program and would be required to periodically monitor their workplace to ensure that workers are not being exposed to levels of methylene chloride that would lead to an unreasonable risk. In consideration of public comments on the proposal, EPA extended the compliance timeframe to give workplaces ample time to put worker protections in place. EPA also revised several other aspects from the proposal including ensuring the Workplace Chemical Protection Program applies to the same uses whether they are federal or commercial uses, establishing a de minimis concentration, and provisions to strengthen and clarify aspects of the Workplace Chemical Protection Program such as monitoring requirements.

EPA will also host a public webinar to explain what is in the final rule and how it will be implemented. The agency will announce the date and time in the coming weeks.

For more information, please read the Risk Management for Methylene Chloride page.

Biden-Harris Administration Announces Next Slate of Economic Development Investments in Rural Partners Network Communities

WASHINGTON, April 29, 2024 – U.S. Department of Agriculture (USDA) Deputy Secretary Xochitl Torres Small today announced that USDA is funding dozens of new infrastructure upgrades and clean energy projects in rural and Tribal communities participating in the Rural Partners Network (RPN).

EPA Issues Consent Order to MAX Environmental Technologies to Ensure Compliance with Hazardous Waste Rules at Yukon, PA, Facility

PHILADELPHIA (April 29, 2024) - Max Environmental Technologies, Inc. (MAX) has agreed to several actions to ensure compliance with federal and state hazardous waste safeguards at the company’s waste facility in Yukon, PA, the U.S. Environmental Protection Agency (EPA) announced today. 

MAX owns and operates a 160-acre facility, surrounded by agricultural and residential properties, about 30 miles southeast of Pittsburgh, PA in Westmoreland County. According to EPA, this site is an area with potential environmental justice concerns. MAX conducts waste operations under permits issued by the Pennsylvania Department of Environmental Protection (PA DEP) pursuant to the federal Clean Water Act (CWA) and the Resource Conservation Recovery Act (RCRA). RCRA is the principal federal hazardous waste storage and disposal statute.

Among the hazardous wastes at the MAX facility are wastewater treatment sludge, corrosives, arsenic, barium, cadmium, chromium, lead, selenium, silver, electric arc furnace dust, and waste acid/pickle liquor.  Waste management units include five closed impoundments, an active solid waste landfill, waste storage tanks and containers, hazardous waste treatment units, and a leachate management system that generates sludge from wastewater treatment.

EPA officials inspected the facility in March 20-24, 2023, to determine MAX’s compliance with environmental regulations, including the terms of its PA DEP-issued CWA and RCRA permits. According to EPA, its inspectors documented several RCRA permit violations, including but not limited to: (1) unlawful disposal of hazardous waste in the solid waste landfill at the facility, (2) failure to maintain a containment building, and (3) failure to keep the hazardous waste containers closed to prevent hazardous waste release.

The Consent Order announced today addresses RCRA and state hazardous waste requirements.  MAX has agreed to immediate measures to eliminate the potential release of solid and hazardous waste into the environment and to ensure that future ongoing operations do not cause or contribute to releases at the facility.   The RCRA consent order requirements include, but are not limited to:   

Prohibition of disposal of untreated and treated hazardous waste in the facility’s landfill unless it has been reviewed and analyzed by a third-party auditor and unaffiliated PA DEP-accredited laboratory.  
Retention of an EPA approved third party Professional Engineer to perform a structural evaluation and recommendations to repair or modify the containment and processing building and containment pads.
Monitoring and sampling of residential wells adjacent to the facility.
Monthly progress reports and meetings with EPA project managers to evaluate the compliance actions stated in the Consent Order 
EPA worked closely with PA DEP in investigating conditions and negotiating this consent order that addresses compliance with RCRA and state hazardous waste compliance.  EPA and PA DEP are currently reviewing MAX’s compliance with its CWA permit.  

EPA salutes citizen scientists' water quality monitoring of the Merrimack

BOSTON (April 29, 2024) – Today, the U.S. Environmental Protection Agency (EPA) joined safe water guardians along the banks of the Merrimack River to acknowledge their water quality protection efforts and share results of water sampling data collected by so many. Those who participated in the routine monthly water testing today included scientists, stewards, and students from Lawrence High School.

"Without good science, how can we protect human health and the environment? It's an extraordinary effort to collect water samples, take field measurements, and get the samples to EPA's North Chelmsford laboratory within six hours for accurate analysis, all under strict quality assurance protocols every month," said EPA Regional Administrator David W. Cash. "The collaborative efforts of all the volunteers and the Merrimack River Watershed Council are invaluable."

"We can't manage what we don't measure, and we can't treat what we don't know. That's why this citizen science water sampling effort will unlock the knowledge necessary to help safeguard the Merrimack River for decades to come. I thank all the volunteers, from students to stewards, for helping make Massachusetts a cleaner, healthier place," said Senator Ed Markey.

Merrimack River Watershed Council Executive Director Curt Rogers underscored the importance of their partnership with EPA, "We simply could not do our intensive water monitoring program without EPA's robust collaboration – from assisting in drafting the sampling protocols to running the lab analysis throughout the year. This sampling program identifies areas of high concern for pathogens,    such as E. coli and Enterococcus, which gives us a better understanding of the impacts on recreation and wildlife."

The Merrimack River and its watershed is one of New England's iconic waterways. The watershed is a recreational resource for nearly 200 communities and 2.6 million people and is the primary drinking water source for about 550,000 people in Massachusetts and New Hampshire. The vast two-state watershed covers 5,010 square miles and is home to a variety of sensitive species and habitats.

EPA created an interactive StoryMap that highlights maps and important themes such as flooding risk, water quality risks from developed land, and a new section on water quality monitoring resources for the Merrimack River Watershed.

EPA and partners have been working to improve the ease with which organizations large and small can store their water quality monitoring data in the Water Quality Portal by submitting data to EPA's Water Quality Exchange (WQX). Once there, data become accessible to scientists, government policy makers, and the public in a permanent archive. From the Portal, data can be integrated into a variety of viewers, data analytical tools, portals, and data assessment products.

For more information, visit: https://www.epa.gov/merrimackriver/water-quality-monitoring-resources-merrimack-river.

State of Washington, federal agencies agree on future of tank waste cleanup at Hanford Site

State of Washington, federal agencies agree on future of tank waste cleanup at Hanford Site

Proposed amendments to cleanup agreements to go out for 60-day public comment period May 30.

SEATTLE -- Today, the U.S. Department of Energy (USDOE), Washington State Department of Ecology (Ecology), and U.S. Environmental Protection Agency (EPA) announced a landmark agreement that proposes a realistic and achievable course for cleaning up millions of gallons of radioactive and chemical waste from large, underground tanks at the Hanford Site.

Following voluntary, mediated negotiations that began in 2020, also known as Holistic Negotiations, the agencies have signed a settlement agreement and are proposing new and revised cleanup deadlines in the Tri-Party Agreement and Washington v. Granholm consent decree. The proposed changes uphold a shared commitment to the safe and effective cleanup of tank waste.

Highlights of the proposed modifications include the following:

Maintaining existing timeframes for starting treatment of both low-activity and high-level waste by immobilizing it in glass via vitrification
Using a direct-feed approach for immobilizing high-level waste in glass, similar to the Direct-Feed Low-Activity Waste Program
Building a vault storage system and second effluent management facility to support treating high-level waste
Retrieving waste from 22 tanks in Hanford’s 200 West Area by 2040, including grouting the low-activity portion of the waste for offsite disposal
Designing and constructing 1-million gallons of additional capacity for multi-purpose storage of tank waste
Evaluating and developing new technologies for retrieving waste from tanks
Under the settlement agreement, USDOE has also committed to refrain from applying its interpretation of what constitutes “high-level waste” when disposing of treated waste or closing tank systems at Hanford.

Proposed changes to the Tri-Party Agreement and consent decree will go out for a 60-day public comment period May 30. During the comment period, the three agencies will hold regional public meetings in Washington and Oregon. Detailed information on these meetings will be available when the comment period begins.

Changes to milestones and deadlines are not final until the public comment period is complete, a response to comments is issued, the federal district court accepts the proposed amendments to the consent decree, and the agencies implement the proposed revisions.

Read the settlement agreement, proposed changes to the Tri-Party Agreement, and proposed changes to the Consent Decree
Statements from TPA agency leadership:

“We have alignment on a plan that lays out a realistic and achievable path forward for Hanford’s tank waste mission,” said Brian Vance, Hanford’s DOE manager of the River Protection and Richland Operations offices. “Our One Hanford team is ready to get down to the business of more fully conducting the tank waste mission resulting in benefits for the environment, the people of Washington state and the nation.”

“We’ve negotiated a durable framework that aligns our agencies and accelerates work while maintaining a robust and safe cleanup. The communities we all serve deserve no less,” said Ecology Director Laura Watson. “This agreement will get more tank waste retrieved, treated, and disposed of on schedule and gives us a roadmap for Hanford cleanup through 2040 and beyond.”

“The disposal of tank waste is a critical component of the complex, site-wide cleanup efforts at Hanford,” said EPA Region 10 Administrator Casey Sixkiller. “This agreement builds on decades of work and collaboration between the Department of Energy, State of Washington, and the EPA, and will guide the tank waste mission as it enters a new phase of operation. We encourage all impacted Tribes, community members, and other stakeholders to participate in the public review process.”

Background

Producing plutonium at the Hanford Site left a legacy of about 56 million gallons of radioactive and chemically hazardous waste stored in 177 underground tanks. USDOE is responsible for the Hanford Site and its cleanup. Ecology and EPA are regulatory agencies overseeing USDOE’s cleanup under the Tri-Party Agreement, a judicial consent decree, and various permits.

For background information on Hanford, visit USDOE’s Hanford website and Ecology’s website.

Media Contacts

Ryan Miller, Washington Department of Ecology, Ryan.Miller@ecy.wa.gov, 509-537-2228
Geoffrey Tyree, U.S. Department of Energy, Geoffrey.Tyree@rl.doe.gov, 509-308-4287
Beth Clemons, U.S. Environmental Protection Agency, Clemons.Beth@epa.gov, 206-553-1193

US DOT awards $148 million in grants to lower truck pollution at ports

The federal grants lean heavily on further electrification of heavy-duty trucks, but also look to other methods for reducing emissions.

USDA Finalizes Policy to Protect Consumers from Salmonella in Raw Breaded Stuffed Chicken Products

WASHINGTON, April 26, 2024 – The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) today announced its final determination to declare Salmonella an adulterant in raw breaded stuffed chicken products when they exceed a specific threshold (1 colony forming unit (CFU) per gram or higher) for Salmonella contamination.

EPA Celebrates Earth Week and Agency Efforts to Prevent Plastic Pollution

WASHINGTON – Today, April 26, the U.S. Environmental Protection Agency is wrapping up Earth Week by highlighting the work the agency is doing to prevent plastic pollution. 

“Plastic waste is growing and so is the impact it has on public health and the environment,” said Cliff Villa, EPA Deputy Assistant Administrator for the Office of Land and Emergency Management. “This Earth Week, I challenge everyone to do their part to reduce plastic waste to protect our health and ensure that future generations can continue to enjoy a safe and healthy planet.”

Together, everyone can prevent plastic waste from entering the environment by reducing the waste they generate, reusing or recycling plastic products, and picking up littered materials. EPA strongly supports an innovative, equitable and circular approach to preventing plastic pollution from harming human health and the environment, particularly in already overburdened communities.

The agency’s Draft National Strategy to Prevent Plastic Pollution, together with the National Recycling Strategy, identifies actions that governments, businesses, industry, and nonprofits in the U.S. can take to:

Reduce pollution from plastic production.
Decrease plastic waste generation by encouraging reuse.
Capture and remove plastics and other materials from the environment, including waterways and oceans.
Expand markets for recycled goods.
Improve materials management infrastructure and increase collection.
Reduce contamination in the recycled materials stream.
Recently, the 2021 Bipartisan Infrastructure Law provided the largest EPA investment in recycling in 30 years, supporting improvements to waste management systems and programs. Just this past year in September, EPA selected 25 communities to receive grants totaling more than $73 million under the newly created Solid Waste Infrastructure for Recycling funding opportunity. In addition, EPA made available about $32 million for states and territories to improve solid waste management planning, data collection and implementation of plans.

In November, the agency announced 59 selectees to receive over $60 million in SWIFR grants for Tribes and Intertribal Consortia and 25 selectees to receive over $33 million in Recycling Education and Outreach grants. These grants will expand recycling infrastructure and education for waste management systems across the country. EPA also created a Model Recycling Program Toolkit to help communities increase participation in recycling programs and reduce contamination in the recycling stream.

Everyday ways to combat plastic pollution

Support policies and programs that aim to reduce plastic pollution.
Purchase products that are designed to be easily reusable or recyclable.
Participate in community recycling programs if they are available and learn which types of materials the local recycling program accepts.
Pick up litter in the environment and make sure it can be collected for recycling or proper disposal.
Reduce and reuse materials in everyday life. The most effective way to prevent plastic pollution is to not create plastic waste in the first place.
Additional Information on Plastic Waste

Plastic is one of the most prevalent materials in daily life—most people don’t go a single day without encountering plastic. And while it’s a valuable resource that can be put to so many uses (and reuses), it’s also a key contributor to pollution. EPA’s estimates show that plastic waste generation in the United States increased from 0.4% of total municipal solid waste generated in 1960 to 12.2% in 2018. Plastic waste that does not make it into the U.S. waste management system often ends up in the environment as plastic pollution.

Plastic pollution is particularly concerning because plastic materials do not fully biodegrade in the environment. Land-based sources account for up to 80% of plastic waste that pollutes waterways and oceans. Plastic pollution has been found in a wide range of organisms and habitats, including coral reefs, estuaries, beaches, and the deep sea. Since plastic material does not decompose, it accumulates in landfills and in the environment. Plastic products also contribute to global greenhouse gas emissions throughout their life cycles, with most of these emissions coming from the production and conversion of fossil fuels into new plastic products. The Organisation for Economic Co-operation and Development estimates that in 2019, plastic products were responsible for 3.4% of global greenhouse gas emissions throughout their life cycles, with 90% of these emissions coming from the production and conversion of fossil fuels into new plastic products.

Visit EPA’s webpage on plastics to learn more about plastic pollution and ways to combat it.
Visit EPA’s webpage on materials and waste to learn more. 
Visit EPA’s webpage on circular economy to learn more. 
Visit EPA’s webpage on Bipartisan Infrastructure Law initiatives to learn more. 
Visit EPA’s Trash Free Waters program webpage to learn more.