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EPA Proposes Rule to Strengthen TSCA Risk Evaluation Process to Protect Workers and Communities

WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) proposed a rule to strengthen its process for conducting risk evaluations on chemicals under the Toxic Substances Control Act (TSCA). If finalized, the rule would ensure that EPA’s processes better align with the law, support robust evaluations that account for all risks associated with a chemical, and provides the foundation for protecting workers and communities from toxic chemicals. The rule advances President Biden’s ambitious environmental justice agenda which includes enhancements to environmental protections in communities overburdened by pollution.

“Providing workers and communities with meaningful protections from toxic chemical exposures has to be grounded in sound science,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “This rule will strengthen our chemical risk evaluations which will in turn lead to more protective rules for workers and communities.”

The 2016 TSCA amendments required that EPA establish a procedural framework rule on the process for conducting chemical risk evaluations. TSCA risk evaluations are the basis for EPA’s risk management rules that protect people and the environment from harmful chemicals. Although EPA finalized a risk evaluation framework rule in 2017, that rule was quickly challenged in court. The United States Court of Appeals for the Ninth Circuit remanded several provisions of the rule back to the Agency for reconsideration. Other aspects of the litigation, such as the policy to categorically exclude the consideration of exposures from breathing polluted air or drinking contaminated water, were deemed not ripe for a decision given that EPA had not yet published any final risk evaluations applying the framework.

In addition to revisions directed by the Court, the proposed rule includes the following changes to improve EPA’s process for TSCA risk evaluations:

A commitment to considering the disproportionate harms facing overburdened communities as part of risk evaluations such as multiple exposure pathways (e.g. in air and water) to the same chemical, and combined risks from multiple chemicals, when such consideration is supported by the best available science, and consistent with TSCA’s statutory deadlines.
A requirement that risk evaluations are comprehensive in scope and do not exclude conditions of use or exposure pathways;
Clarifications to ensure EPA appropriately considers risks to workers in its risk evaluations;
Assurance the Agency will continue to use the best available science to conduct risk evaluations and that decisions are based on the weight of the scientific evidence;
A clear requirement for risk evaluations to culminate in a single determination of whether the chemical presents unreasonable risk, rather than on individual chemical uses in isolation;
New procedural requirements applicable to substantive revisions of risk evaluation documents to ensure transparency;
Adjustments to the process for manufacturer requested risk evaluations for chemicals to better align with the process and timeline associated with EPA-initiated risk evaluations, while also ensuring that the Agency can use the authorities provided under the law for gathering any needed additional information on such chemicals.
EPA announced many of the changes included in this proposed rule in 2021 and has incorporated them into TSCA risk evaluation activities over the past two years. However, codifying the changes through this rule will create more certainty and predictability moving forward for both the Agency and its stakeholders.

EPA will accept comments on the proposed rule for 45 days following publication at docket EPA-HQ-OPPT-2023-0496 at www.regulations.gov.

Learn more about the TSCA risk evaluation process.

EPA Releases New Food Waste Reports

WASHINGTON  – Today, the U.S. Environmental Protection Agency released two new reports quantifying methane emissions from landfilled food waste and updating recommendations for managing wasted food. Over one-third of the food produced in the United States is never eaten, wasting the resources used to produce, transport, process, and distribute it – and much of it is sent to landfills, where it breaks down and generates methane, a powerful greenhouse gas.
“Wasted food is a major environmental, social, and economic challenge,” said EPA Administrator Michael S. Regan. “These reports provide decision-makers with important data on the climate impacts of food waste through landfill methane emissions and highlight the urgent need to keep food out of landfills.”
The reports’ findings emphasize the importance of both reducing the amount of food that is wasted and managing its disposal in more environmentally friendly ways. Based on these findings, EPA is releasing an update to its Food Recovery Hierarchy, a tool to help decision makers, such as state and local governments, understand the best options for managing food waste in terms of environmental impacts. The release of the new ranking – called the Wasted Food Scale – marks the first update since the 1990s, reflecting more recent technological advances and changes in operational practices. EPA’s research confirms that preventing food from being wasted in the first place, or source reduction, is still the most environmentally beneficial approach. Evidence in these reports suggests that efforts should focus on ensuring less food is wasted so that food waste is diverted from landfills, which will reduce environmental impacts.
The research announced today represents the first time EPA has quantified methane emissions from landfilling. This novel work published modeled estimates of annual methane emissions released into the atmosphere from landfilled food waste, giving a cost of landfilling food waste in terms of the impact on climate change. EPA conducted an analysis to estimate annual methane emissions from landfilled food waste from 1990 to 2020 and found that while total emissions from municipal solid waste (MSW) landfills are decreasing, methane emissions from landfilled food waste are increasing. These estimates indicate that diverting food waste from landfills is an effective way to reduce methane emissions, a powerful greenhouse gas, from MSW landfills.
EPA reports being released today include:

“From Field to Bin: The Environmental Impacts of U.S. Food Waste Management Pathways,” which examines the environmental impacts of disposing of food waste. This report synthesizes the latest science on the environmental impacts of how food waste is commonly managed in the U.S. This report completes the analysis that began in the 2021 companion report, “From Farm to Kitchen: The Environmental Impacts of U.S. Food Waste ,” which analyzed the environmental footprint of food waste in the farm to consumer supply chain.
“Quantifying Methane Emissions from Landfilled Food Waste,” represents the first time EPA has published modeled estimates of annual methane emissions released into the atmosphere from landfilled food waste. More food reaches MSW landfills than any other material, but its contribution to landfill methane emissions has not been previously quantified.
The reports released today will support future EPA efforts to reduce food waste. EPA’s food waste research provides a better understanding of the net environmental footprint of U.S. food waste.
Learn more about EPA’s food waste research and sustainable management of food work:

Food waste research information.
Sustainable management of food information.
Learn more about what you can do to reduce wasted food in your home:

Preventing wasted food at home information.

EPA Reaches Settlement with BG Products Inc. for Alleged Clean Water Act Violations in Kansas

LENEXA, KAN. (OCT. 19, 2023) – The U.S. Environmental Protection Agency (EPA) and BG Products Inc. have reached a settlement to resolve alleged violations of the Clean Water Act at the company’s automotive products manufacturing facilities in Wichita and El Dorado, Kansas.

“It is critical for facilities that store large amounts of petroleum to develop and implement spill prevention and response plans,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “These plans stop costly and destructive oil spills and protect our nation’s water resources.”

According to EPA, both facilities had over 1 million gallons of oil storage capacity and failed to develop required plans explaining how the company will prevent and respond to oil spills that have the potential to reach waters. EPA says that the facilities are on or near the Arkansas and Walnut rivers, respectively.

Under the terms of the settlement, the company agreed to pay a $258,978 civil penalty.

Shortly after EPA’s inspection, BG Products submitted the required plans to the Agency.

Facilities that store 1,320 gallons or greater of oil products in aboveground storage tanks are subject to Clean Water Act regulations that require, among other things, proper containment to contain oil releases, inspections of tanks and piping, and integrity testing of oil storage equipment. Facilities with more than 1 million gallons of storage are subject to even more stringent management and spill response capability requirements.



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EPA Announces a Public Phone Line and Website for Residents in Fairmont, West Virginia

Beginning Monday, October 23, 2023, the U.S. Environmental Protection Agency Mid-Atlantic Region (EPA) will open a public phone line and roll-out a webpage to increase transparency and inform the public about the Fairmont Brine site in Fairmont, West Virginia, where state and federal agencies are working to secure the site and control any potential release of hazardous materials.

The site was acquired by Fairmont Brine Processing (FBP) in 2012 and has been inactive since 2017. FBP would treat fluids from the hydraulic fracturing process used to extract natural gas, otherwise known as "brine." In May 2023, there was a fire and explosion at the site that led to increased concern about the potential release of contamination.

EPA is coordinating with the West Virginia Department of Environmental Protection (WV DEP), West Virginia Department of Health and Human Resources (WV DHHR), Marion County Office of Homeland Security and Emergency Services, and others to ensure a unified response to protect the public. EPA’s response will focus on radionuclides in the form of TENORM (Technologically Enhanced Naturally Occurring Radioactive Material). TENORM is a naturally occurring radioactive material that has been concentrated or exposed to the environment because of human activities such as manufacturing, mineral extraction, or water processing.

EPA, DHHR, and WVDEP have been on-site to evaluate emergency actions needed to stabilize the site and will be doing a thorough evaluation of any contamination releases to the environment. EPA will also secure the site to prevent unauthorized access and potential exposure to the public. The agency and its contractor have implemented security measures at the front entrance and lower complex including interim barriers and NO TRESPASSING signage and are planning to fence off the area soon. The response team will regularly be on site to perform work, which should further deter public access.

DHHR, on behalf of the State, has coordinated with the Marion County Sheriff’s Department to increase patrols around the site.

The WVDEP and DHHR have worked with FBP to take precautions to prevent radionuclides from leaving the site, including enforcement action, and implementing a plan of corrective action to remove waste material and prevent onsite ponds from overflowing.

EPA understands the need for certainty and clear information regarding the Fairmont Brine site and has developed a Joint Information Center (JIC) involving all responding agencies. The JIC will work together to coordinate effective communication with the public. The Fairmont Brine site public phone line, website, and formation of a JIC are a testament to EPA’s commitment to providing the public with accurate and timely information.

Please visit the response website at https://response.epa.gov/fairmontbrine or call the public phone line at (800) 438-2474. The phone line will be staffed Monday through Friday from 8:30 a.m. to 5:00 p.m. EST. If you are unable to reach someone, please leave a voicemail, and an EPA representative will return your call as soon as possible

Steel Manufacturer Pays More Than $100 Million to Reduce Emissions from its Dearborn, Michigan Facility

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a modification to a 2015 consent decree today between the United States and state of Michigan and the Cleveland-Cliffs Steel Corporation (formerly AK Steel) to resolve Clean Air Act violations at the company’s Dearborn, Michigan, steel manufacturing plant.

The decree required the Dearborn plant to implement certain measures to address visible air emissions from the plant. Because these measures failed to bring the plant into full Clean Air Act compliance, the modification requires Cleveland-Cliffs to undertake additional extensive measures at a cost of over $100 million, which are expected to reduce visible emissions from the plant, as well as curtail emissions of manganese and lead. Breathing lead and manganese pollution can cause various, negative health effects, including impacts to the central nervous system.  In addition, breathing lead pollution has been linked to impacts to kidney function, and to the immune, cardiovascular, reproductive and developmental systems in humans. In anticipation of the agreement, Cleveland-Cliffs has already performed much of the required work.

“Today’s announcement shows that EPA and the Department of Justice are committed to achieving cleaner air for communities across the country,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “The changes that Cleveland-Cliffs will make at its Dearborn facility will reduce harmful air pollution and improve air quality for local residents.”

“The agreement will ensure that Cleveland-Cliffs’ steel manufacturing plant in Dearborn operates in compliance with federal and state air pollution requirements,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This modification will result in better air quality for Dearborn residents around the plant, who have been disproportionately burdened by pollution.”

The modification lodged today requires replacement of the plant’s electrostatic precipitator (ESP) that removes particulate matter from exhaust gases that stem from the plant’s operations and thereby controls visible emissions. It also requires routine testing of the new ESP to assure compliance with applicable emission limits, certain operational parameters and regular monitoring for visible emissions.

The company will also pay a civil penalty of $81,380 to the State of Michigan for violating the state permit’s opacity, lead and manganese limits. Additionally, Cleveland-Cliffs will implement a state-law supplemental environmental project in which nearby residents will receive home air purifiers, at an estimated cost of $244,000. The facility is located in an area with environmental justice concerns according to data from EPA’s EJSCREEN tool. For more information on the original settlement, read the summary of consent decree. 

There will be a 30-day public comment period on the proposed modification. The modification and instructions on how to submit a public comment are available on the on the Justice Department’s Proposed Consent Decrees webpage. 

EPA to Host Two Community Meetings on Oct. 25 to Provide Update on St. Louis Community Air Monitoring

LENEXA, KAN. (OCT. 19, 2023) – The U.S. Environmental Protection Agency (EPA) Region 7 will host two Community Meetings to provide an update on the Agency’s air monitoring efforts following odor complaints made in St. Louis. EPA’s air monitoring focused on the Mt. Pleasant, McKinley Heights, Gravois Park, Marine Villa, Benton Park, Lafayette Square, and Soulard neighborhoods.

Both meetings will consist of an Availability Session where members of the public can meet with Agency officials to share concerns and ask questions. After each Availability Session, EPA will provide a presentation to be followed by a Question-and-Answer Session.

What: Community Meetings for EPA to provide an in-person update related to odor complaints and air monitoring.

Where: Lemp Neighborhood Arts Center, 3301 Lemp Ave., St. Louis

When: Wednesday, Oct. 25, 2023

1st Meeting, 2 to 4:30 p.m.:

2 to 3 p.m. – Availability Session to hear general air quality concerns and answer related questions.
3 to 3:30 p.m. – EPA presentation.
3:30 to 4:30 p.m. – Question-and-Answer Session and general availability.

2nd Meeting, 5 to 7:30 p.m.:
5 to 6 p.m. – Availability Session to hear general air quality concerns and answer related questions.
6 to 6:30 p.m. – EPA presentation.
6:30 to 7:30 p.m. – Question-and-Answer Session and general availability.

EPA is committed to providing reasonable accommodations to individuals with disabilities. For reasonable accommodations at the Community Meetings, please contact Euleashia Embry at: embry.euleashia@epa.gov.

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EPA to Review Cleanups at 40 Southeast Superfund Sites

ATLANTA (Oct. 19, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced that comprehensive reviews will be conducted of completed cleanup work at 40 Superfund sites in the Southeast.

The sites, located in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee, will undergo a legally required Five-Year Review to ensure that previous remediation efforts at the sites continue to protect public health and the environment.

"Five-Year Reviews are an integral part of the site remediation process because they help make sure remedies are still protective," said Acting EPA Region 4 Administrator Jeaneanne Gettle. "The Southeast Region will benefit tremendously from the full restoration of Superfund sites, which can become valuable parts of the community landscape."

The Superfund Sites where EPA will conduct Five-Year Reviews in Calendar Year 2024 are listed below. The web links provide detailed information on site status as well as past assessment and cleanup activity. Once the Five-Year Review is complete, its findings will be posted in a final report at https://www.epa.gov/superfund/search-superfund-five-year-reviews.



Alabama

American Brass Property  https://www.epa.gov/superfund/american-brass



Florida

Arkla Terra Property  https://www.epa.gov/superfund/arkla-terra

Brown’s Dump  https://www.epa.gov/superfund/brown's-dump

City Industries, Inc.  https://www.epa.gov/superfund/city-industries-inc

Coleman-Evans Wood Preserving Co.  https://www.epa.gov/superfund/coleman-evans-wood

Harris Corp. (Palm Bay Plant)  https://www.epa.gov/superfund/harris-corporation-palm

Jacksonville Ash Site  https://www.epa.gov/superfund/jacksonville-ash

Kassauf-Kimerling Battery Disposal  https://www.epa.gov/superfund/kassauf-kimerling-th

Nocatee Hull Creosote  https://www.epa.gov/superfund/nocatee-creosote

Pioneer Sand Co.  https://www.epa.gov/superfund/pioneer-sand-company

Piper Aircraft Corp./Vero Beach Water & Sewer Dept.  https://www.epa.gov/superfund/piper-aircraft-corp

Sandford Gasification Plant  https://www.epa.gov/superfund/sanford-gasification

Sixty-Second Street Dump  https://www.epa.gov/superfund/sixty-second-street

Solitron Microwave  https://www.epa.gov/superfund/solitron-microwave

Tyndall Air Force Base  https://www.epa.gov/superfund/tyndall-air-force-base

United Metals, Inc.  https://www.epa.gov/superfund/united-metals-inc

Whitehouse Oil Pits  https://www.epa.gov/superfund/whitehouse-oil-pits



Georgia

Woolfolk Chemical Works, Inc. https://www.epa.gov/superfund/woolfolk-chemical-works



Kentucky

Airco  https://www.epa.gov/superfund/airco

B. F. Goodrich  https://www.epa.gov/superfund/bf-goodrich

Paducah Gaseous Diffusion Plant (USDOE)  https://www.epa.gov/superfund/paducha-gaseous-diffusion-plant



Mississippi

Sonford Products  https://www.epa.gov/superfund/sonford-products



North Carolina

General Electric Co/Shephard Farm  https://www.epa.gov/superfund/general-electric-shepherd-farm

North Belmont PCE  https://www.epa.gov/superfund/north-belmont-pce



South Carolina

Calhoun Park Area  https://www.epa.gov/superfund/search-superfund-five-year-reviews

Gieger ( C & M Oil)  https://www.epa.gov/superfund/geiger

Helena Chemical Co. Landfill  https://www.epa.gov/superfund/helena-chemical-landfill

Lyman Dyeing and Finishing  https://www.epa.gov/superfund/lyman-dyeing-finishing

Medley Farm Drum Dump  https://www.epa.gov/superfund/medley-farm-drum-dump

Savannah River Site (USDOE)  https://www.epa.gov/superfund/savannah-river-site

WamChem, Inc.  https://www.epa.gov/superfund/wamchem



Tennessee

 American Creosote Works, Inc. (Jackson Plant)  https://www.epa.gov/superfund/american-creosote-works-jackson

Oak Ridge Reservation (USDOE)  https://www.epa.gov/superfund/oak-ridge-reservation

Ross Metals Inc.  https://www.epa.gov/superfund/ross-metals

Background

Throughout the process of designing and constructing a cleanup at a hazardous waste site, EPA’s primary goal is to make sure the remedy will be protective of public health and the environment. At many sites, where the remedy has been constructed, EPA continues to ensure it remains protective by requiring reviews of cleanups every five years. It is important for EPA to regularly check on these sites to ensure the remedy is working properly. These reviews identify issues (if any) that may affect the protectiveness of the completed remedy and, if necessary, recommend action(s) necessary to address them.

There are many phases of the Superfund cleanup process including considering future use and redevelopment at sites and conducting post cleanup monitoring of sites. EPA must ensure the remedy is protective of public health and the environment and any redevelopment will uphold the protectiveness of the remedy into the future.

The Superfund program, a federal program established by Congress in 1980, investigates and cleans up the most complex, uncontrolled, or abandoned hazardous waste sites in the country and endeavors to facilitate activities to return them to productive use. In total, there are more than 280 Superfund sites across the Southeast.

More information:

EPA’s Superfund program: https://www.epa.gov/superfund

EPA, Iowa State University, and University of Iowa Announce Discounted Registration for Media at Anaerobic Digestion on the Farm Conference

LENEXA, KAN. (OCT. 19, 2023) – Today, EPA Region 7 announced members of the media will receive discounted registration fees for the upcoming conference titled "Anaerobic Digestion on the Farm: Optimizing environmental and economic outcomes for rural communities and beyond." 

EPA Region 7, with partners Iowa State University and the University of Iowa, will co-host the regionally focused conference on anaerobic digestion (AD) in agriculture on Nov. 6-8, 2023, at Iowa State University in Ames, Iowa.

Media members are eligible for 50% discounted registration fees available for $150. Standard registration for professionals is available for $300. All registration fees collected will go solely toward defraying conference expenses incurred by Iowa State University. EPA Region 7 will provide its own funding for its participation in the conference and will not receive any funding from the registration fees collected by Iowa State University.

The conference will feature presentations, exhibits, and panel discussions covering a variety of anaerobic digestion topics. The conference will also include virtual tours of anaerobic digestion facilities and a poster session. Additional information regarding the upcoming conference, including a full conference agenda, is available on EPA’s conference page.

Please see the conference page for more registration information.

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