YEAR IN REVIEW
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2019: BY THE NUMBERS
economy
criteria air
pollutants
1970 2018
Between 1970 and 2018, the
combined emissions of six key
pollutants dropped by 74%, while
the U.S. economy grew 275%
16
deregulatory actions finalized in
2019 saving Americans more than
$1,500,000,000
In FY 2019, EPA deleted all or part of
27 Superfund sites from the National
Priorities List —> the largest number of
deletions in a single year since FY 2001
$5,000,000,000 +
in regulatory savings
through the finalization
of 49 deregulatory
actions completed
under President Trump
$6 Billion
in WIFIA loans for 38 new
project applications that will
finance over $12 billion in
water infrastructure
investments in 18 states
$64.6 Million
in grants to 151 communities
through EPA's Brownfield and
Land Revitalization Program for
cleanup and redevelopment,
creatingjobs and economic
opportunities with over 70% of
sites located within Opportunity
Zones
*
In 2019, EPA made a $2.6 billion contribution to the
State Revolving Funds, enabling more communities to
make the investments needed to ensure Americans
have safe water for drinking and recreation
179 organizations
signed EPA's "America
Recycles Pledge" to work
toward a more resilient
materials economy
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The Trump administration had a wildly successful 2019, fulfilling many
promises made to the American people to unleash the economy and foster
American innovation. With this success has come tremendous progress
here at the U.S. Environmental Protection Agency (EPA) toward some of our
most important environmental and human health challenges. We continue
to foster a commonsense regulatory environment that is resulting in cleaner
land, air, and water for all Americans. I'm proud to present this report
detailing the actions we have taken over the last year to achieve these
outcomes.
Since President Trump took office, EPA has maintained a keen focus on
protecting the most vulnerable among us, directing resources toward
communities that have been largely overlooked by previous administrations.
All Americans, regardless of their income or zip code, deserve a clean and
healthy environment for themselves and their children.
The agency has continued to elevate the Superfund program as a top
priority. In FY 2019, seven sites were added to the National Priorities List
(NPL). By adding these sites, the agency is taking action to clean up some
of the most contaminated sites in America, protecting the health of the local
communities, and returning sites to safe and productive use. While seven
sites were added to the NPL, 27 sites were fully or partially deleted from
the NPL last year - the largest number of deletions in a single year since
2001. While there is no single way to characterize communities located
near these sites, the population is more likely to be minority, low-income,
linguistically isolated, and less likely to have a high school education than the
U.S. population as a whole. Our re-energized and reinvigorated Superfund
program is a powerful example of how the agency is transforming entire
communities for the better.
We are prioritizing sites in economically-distressed areas, known as
"Opportunity Zones," that qualify for preferential tax treatment through
President Trump's historic tax reform package. Most often, those who reside
near these sites are low-income, minority, and disadvantaged Americans. By
focusing programs and resources on these areas, we can multiply the impact
of the tax incentive and attract even more economic development to these
areas.
EPA has also made progress on what I believe are the largest and most
immediate environmental and public health issues affecting the world
right now: water issues. This includes access to safe drinking water, water
infrastructure, and marine plastic debris.
We are delivering on President Trump's commitment to ensuring that all
Americans have access to clean and safe drinking water - beginning with the
most at-risk communities. In October, we announced the first major overhaul
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of the agency's Lead and Copper Rule since 1991. With this proposal, we are advancing the Trump
administration's Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts
ensuring that lead service line replacement in communities that are most at risk are prioritized.
In partnership with local municipalities around the country, we are using our financing and grant
programs to upgrade water infrastructure though the Water Infrastructure Finance and Innovation Act
(WIFIA) loan program. Under President Trump, EPA has closed 14 loans totaling over $3.5 billion dollars
in credit assistance. Combined with other funding sources, these projects will help finance over $8
billion dollars for water infrastructure projects and create over 15,000 jobs. In 2019, EPA invited 38 new
projects in 18 states to apply for WIFIA loans totaling $6 billion dollars to help finance over $12 billion
dollars in water infrastructure investments and create up to 200,000 jobs.
In June, EPA finalized the Affordable Clean Energy (ACE) rule replacing the prior administration's
overreaching Clean Power Plan with a rule that restores the rule of law and empowers states to continue
to reduce carbon dioxide emissions while providing affordable and reliable energy for all Americans. We
project that ACE will result in annual net benefits of $120 million to $730 million. With ACE, along with
additional expected emissions reductions based on long-term industry trends, we expect to see C02
emissions from the electric sector fall by as much as 35 percent below 2005 levels in 2030.
In February, EPA released our per- and polyfluoroalkyl substances (PFAS) Action Plan. This is the most
comprehensive cross-agency action plan for an emerging chemical of concern ever undertaken by the
agency and commits EPA to take important steps that will improve how we research, monitor, detect, and
address PFAS. I also signed a memorandum calling for the agency to prioritize new federal research that
will help identify potential impacts of PFAS to farms, ranches, and rural communities. In less than one
year's time, we made significant progress toward many of our goals, including: soliciting public comment
on adding PFAS chemicals to the Toxics Release Inventory (TR1); announcing the availability of $4.8 million
in funding to expand research on managing PFAS in rural America and the agricultural sector; sending our
preliminary regulatory determination for certain PFAS chemicals in drinking water to the White House for
interagency review; and finalizing interim recommendations for cleaning up groundwater contaminated
with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) under federal cleanup programs.
Under the Trump administration, the agency has been making a concerted effort to convert previously
issued Federal Implementation Plans (FlPs) into State Implementation Plans (SIPs). Since January 1,
2017, EPA has converted 23 FIPs to SIPs. In addition, the agency has addressed 32 non-attainment areas
by redesignating them from nonattainment to attainment.
Attainment redesignations mean cleaner air, improved health outcomes, and greater economic
opportunities for cities and communities. EPA is working closely with our state partners to help areas
reach air quality attainment, reduce regulatory burdens, and breathe new life into their local economies.
Since the start of this administration, we've re-designated 35 areas around the country, moving them into
attainment with federal air quality standards and lifting major regulatory burdens off local businesses.
EPA is also reinvigorating our role as a leader in recycling across America, hosting our second annual
Recycling Summit in Washington, D.C. to address major challenges facing the U.S. recycling system.
Since the 2018 Summit, more than 110 additional organizations have signed EPA's Recycling Pledge,
committing to leveraging their collective expertise, strengths, and resources to improve all aspects of
the country's recycling system. At this year's event government, industry, and non-profit leaders came
together to discuss how to build on their successes over the last year and continue progress in 2020. The
agency also released a "National Framework for Advancing U.S. Recycling System" and held its first-ever
Innovation Fair showcasing innovative solutions to modern recycling challenges.
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If all of this weren't enough, we continue to deliver on President Trump's regulatory reform agenda.
Through diligent work, EPA has exceeded the deregulatory goals of President Trump's two-for-one
executive order. Under the Trump administration, EPA has finalized 49 deregulatory actions, saving
Americans more than $5 billion in regulatory costs, and we have an additional 47 actions in development
projected to save billions more. Our actions give states and the regulated community the certainty
they need to plan investments in facility upgrades and new technologies that will improve both the
environment and the economy.
This year, we celebrate 50 years of environmental progress at EPA. I am honored to be part of this
legacy and especially proud of the progress we made in 2019. EPA's dedicated staff pushed forward to
complete many significant goals and has committed to many more in the year ahead. As we forge ahead
in 2020,1 know we will continue to hit critical milestones in our mission to protect human health and the
environment for all Americans.
Andrew R. Wheeler
iv
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TABLE OF CONTENTS
Regulatory Reform
1
Air
1
Water
8
Land
14
Chemicals
25
Enforcement
29
Environmental Justice & Opportunity Zones
30
International & Tribal Affairs
34
Research & Development
36
PFAS
40
Lead
43
Children's Health
45
Public Engagement & Environmental Education
46
In the Courts
48
Agency Reform & Process Improvements
50
Region 1
51
Region 2
52
Region 3
54
Region 4
55
Region 5
56
Region 6
58
Region 7
59
Region 8
61
Region 9
63
Region 10
64
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REGULATORY REFORM
EPA has made tremendous progress reducing
unnecessary regulatory burdens. Under President
Trump, EPA has finalized 49 deregulatory actions,
saving Americans more than $5 billion in regulatory
costs. In 2019 alone, EPA finalized 16 deregulatory
actions, saving Americans more than $1.5 billion
in regulatory costs. That is four times the number
of significant regulatory actions EPA finalized in
the same time span. An additional 47 deregulatory
actions are under development.
Deregulation is not just about removing regulations
from the books. Under the Trump administration,
EPA has made it a priority to update and modernize
existing regulations. We are working with Americans
across the country to ensure our regulations make
sense, protect the environment, and do not add
undue monetary burdens on the public.
EPA is among the leaders in this administration
in implementing President Trump's "two-for-one"
executive order, which requires that for every one
new regulation issued, at least two prior regulations
be identified for elimination. Throughout President
Trump's time in office, EPA exceeded those deregu-
latory goals.
AIR: Improving Air
In the latest annual report on air quality, tracking
our nation's progress in improving air quality since
the passage of the Clean Air Act, emissions of key
air pollutants continued to decline. "Our Nation's
Air: Status and Trends Through 2018" documents
the considerable improvements in air quality
across America since 1970. The report shows that,
between 1970 and 2018, the combined emissions
of six key pollutants dropped by 74 percent, while
the U.S. economy grew 275 percent.
"One of America's great but untold environmental
success stories is that we have made - and
continue to make - great improvements in our
air quality, thanks largely to state and federal
implementation of the Clean Air Act and innovation
in the private sector," said EPA Administrator
Andrew Wheeler. "National emissions of all key
air pollutants dropped between 1990 and 2018,
and lead and sulfur dioxide concentration averages
dropped by double-digit percentages during the
same period. The U.S. is a global leader in clean air
progress, and we've proven that we can protect the
environment while growing our economy."
Quality
WHAT WE'RE SEEING:
From 2016 to 2018, emissions of key air pollutants
continued to decline:
• Nitrogen Oxides (NOx) j 8.7 percent
• Particulate Matter 2.5 (PM 2.5) j1.9 percent
• Particulate Matter 10 (Including lead) (PM 10) j
1.2 percent
• Sulfur Dioxide (S02) j 7.8 percent
• Carbon Monoxide (CO) j 7.2 percent
• Volatile Organic Compounds (VOC) j 3.3 percent
In addition, average concentrations of harmful
air pollutants decreased considerably across our
nation between 1990 and 2018:
• Ground-level ozone (8-hour) j 21 percent
• Fine Particulate Matter (annual) j 39 percent
(from 2000)
• Coarse Particulate Matter (24-hour) j 26
percent
• Sulfur Dioxide (1-hour) j 89 percent
• Nitrogen Dioxide (annual) j 57 percent
• Lead (3-month average) |82 percent (from
2010); and
• Carbon Monoxide (8-hour) I 74 percent
1
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Affordable Clean Energy Rule
In June, EPA finalized the Affordable Clean Energy
(ACE) rule - replacing the prior administration's
overreaching Clean Power Plan with a rule that
restores the rule of law and empowers states
to continue to reduce emissions while providing
affordable and reliable energy for all Americans. EPA
projects that ACE will result in annual net benefits of
$120 million to $730 million. With ACE, along with
additional expected emissions reductions based
on long-term industry trends, we expect to see C02
emissions from the electric sector fall by as much
as 35 percent below 2005 levels in 2030.
EPA anticipates that ACE will reduce emissions of
C02, mercury, as well as precursors for pollutants
like fine particulate matter and ground-level ozone:
In 2030, the ACE rule is projected to:
• Reduce C02 emissions by 11 million short tons
• Reduce S02 emissions by 5,700 tons
• Reduce NOx emissions by 7,100 tons
• Reduce PM2.5 emissions by 400 tons
• Reduce mercury emissions by 59 pounds
E15
Before the start of the summer driving season,
EPA advanced President Trump's policy priorities
allowing year-round sale of E15 gasoline. The final
action removed the key regulatory barrier to using
gasoline blended with up to 15 percent ethanol
during the summer driving season. In addition, the
final rule contained regulatory changes to reform
certain elements of the Renewable Identification
Number compliance system of the Renewable Fuel
Standard (RFS) program to increase transparency
and deter price manipulation in the RIN market.
"Following President Trump's directive, [this] action
expands the market for biofuels and improves
the RFS program by increasing transparency
and reducing price manipulation," said EPA
Administrator Andrew Wheeler. "As President
Trump promised, EPA is approving the year-round
sale of E15 in time for summer driving season,
giving drivers more choices at the pump."
SAFE
In concert with the U.S. Department of
Transportation (DOT), EPA delivered on President
2
Trump's promise that his administration would
address the current fuel economy and greenhouse
gas emissions standards. In September, DOT'S
National Highway Traffic Safety Administration
(NHTSA)and EPA finalized part of the proposed
Safer, Affordable, Fuel-Efficient (SAFE) Vehicles
Rule by issuing the "One National Program Rule,"
which will enable the federal government to provide
nationwide uniform fuel economy and greenhouse
gas emission standards for automobiles and light
duty trucks.
"[W]e are delivering on a critical element of
President Trump's commitment to address and
fix the current fuel economy and greenhouse gas
emissions standards," said EPA Administrator
Andrew Wheeler. "One national standard
provides much-needed regulatory certainty for the
automotive industry and sets the stage for the
Trump administration's final SAFE Vehicles Rule
that will save lives and promote economic growth
by reducing the price of new vehicles to help more
Americans purchase newer, cleaner, and safer cars
and trucks."
"[This] action meets President Trump's commitment
to establish uniform fuel economy standards for
vehicles across the United States, ensuring that no
State has the authority to opt out of the Nation's
rules, and no State has the right to impose its
policies on the rest of the country," said Secretary
of Transportation Elaine L. Chao.
The "One National Program Rule" brings much-
needed certainty to consumers and industry by
making it clear that federal law preempts state and
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local tailpipe greenhouse gas emissions standards
as well as zero emission vehicle mandates. This
action will help ensure that there will be one,
and only one, set of national fuel economy and
greenhouse gas emission standards for vehicles.
The agencies continue to work together to finalize
the remaining portions of the SAFE Vehicles Rule,
to address proposed revisions to the federal fuel
economy and GHG vehicle emissions standards.
When finalized, EPA and NHTSA anticipate that
the proposed SAFE Vehicles Rule standards would
establish attainable fuel economy and GHG vehicle
emissions standards so that more Americans have
access to safer, more affordable, and cleaner
vehicles that meet their families' needs. The
proposed standards are projected to save the nation
billions of dollars and strengthen the U.S. domestic
manufacturing base by adding millions of new car
sales.
Ethylene Oxide
Ethylene oxide is one of 187 hazardous air
pollutants regulated by EPA. Ethylene oxide is
a flammable, colorless gas used to make other
chemicals that are used in making a range of
products, including antifreeze, textiles, plastics,
detergents, and adhesives. Ethylene oxide also is
used to sterilize equipment and plastic devices
that cannot be sterilized by steam, such as medical
equipment.
EPA has been taking steps to address ethylene
oxide emissions after EPA's National Air Toxics
Assessment, issued in 2018, found that ethylene
oxide emissions may be contributing to potentially
elevated cancer risk in some areas around the
country. Since then, EPA has taken a two-pronged
approach to evaluate these emissions. First,
the agency is reviewing existing Clean Air Act
regulations for industrial facilities that emit ethylene
oxide. Second, while that process is ongoing, EPA
is gathering additional information on ethylene
oxide emissions and working with state and local
air agencies to determine whether more immediate
emission reduction steps may be warranted. By
working with our state and local partners, we
seek to identify opportunities to achieve emission
reductions.
WHAT IS NATA?
EPA developed NATA as a screening tool for state,
local and tribal air agencies. NATA's results help
these agencies identify which pollutants, emission
sources, and places they may wish to study further
to better understand any possible risks to public
health from air toxics. NATA can't give precise
exposures and risks for a specific person. Instead,
NATA results are best applied to larger areas -
counties, states, and the nation.
In December:
1. EPA issued an Advance Notice of Proposed
Rulemaking (ANPRM) to solicit information
from industry and the public on strategies for
further reducing ethylene oxide emissions
from commercial sterilization and fumigation
operations.
2. The agency invited small businesses,
governments, and not-for-profit organizations
to participate as Small Entity Representatives
providing advice and recommendations to a
Small Business Advocacy Review Panel. This
panel will focus on the agency's development
of a rule that proposes to update the National
Emission Standards for Hazardous Air Pollutants
(NESHAP) for ethylene oxide emissions from
commercial sterilization and fumigation
operations.
EPA also continued this progress with the
announcement of proposed amendments to the
Miscellaneous Organic Chemical Manufacturing
NESHAP, known as MON, to reduce hazardous air
pollutants, including ethylene oxide. The proposed
MON amendments, if finalized, are expected to
reduce emissions of hazardous air pollutants from
the source category by 116 tons per year, which
includes a 93 percent reduction in ethylene oxide
emissions from covered facilities.
To further explain the uncertainties in the estimated
cancer risks from ethylene oxide, EPA posted the
Memorandum: Sensitivity of ethylene oxide risk
estimates to dose-response model selection,
which explores the various dose-response models
evaluated in the ethylene oxide carcinogenicity
assessment. This information provides important
context for interpreting the risk results from the
3
-------
Residual Risk Assessment developed in support of
this proposal.
Providing Affordable, Reliable Energy to Remote
Alaskan Communities
Remote communities in Alaska rely almost
exclusively on diesel engines for electricity and
heat - especially in winter when these engines
need to be reliable. Due to limited access to these
remote communities, the costs of operating these
stationary compression ignition engines, which
include acquiring and installing aftermarket controls
required by the NSPS, are greater than in the rest of
the United States.
Following through on the agency's obligation to
revise the rule under the recently enacted Alaska
Remote Generator Reliability and Protection Act,
which was signed into law by President Trump
on Oct. 2019, EPA issued a final rule to revise
the New Source Performance Standards (NSPS)
for Stationary Compression Ignition Internal
Combustion Engines. Amending the standards
will increase energy affordability and reliability
in remote areas of Alaska. It is also expected to
improve air quality by reducing particulate matter
(PM) by approximately 80 percent.
"Having operated utilities in rural Alaska for over
25 years, I know firsthand that power reliability
challenges are significant even without more
stringent regulations. Today's commonsense
approach will allow utilities to provide power more
reliably while ensuring older units can be replaced
with newer more efficient diesel engines. This is a
success story for rural communities operating off
the grid," said EPA Region 10 Administrator Chris
Hladick.
"When I'm back home in Alaska, I have a firsthand
look at how the EPA can impact our state, from
restoring contaminated sites, to ensuring clean
drinking water, and now helping communities have
greater access to more affordable, dependable
energy... These new regulations will make much-
needed progress towards enabling Alaskans to
lower the costs of their energy bills," said U.S.
Senator Lisa Murkowski (R-AK). "This is significant,
long-awaited news for the remote communities and
villages in Alaska that rely on these generators to
4
keep their homes warm and the lights on,"
"I want to thank the Trump administration and
EPA Administrator Wheeler for working with us,
not against us, to ensure Alaskans have access
to the energy that they need," said U.S. Senator
Dan Sullivan (R-AK). "This implements my remote
generator bill that was signed into law last month
to allow Alaskans to power their homes reliably
without having to incur crippling costs caused by
unnecessarily burdensome federal regulations."
"Today's announcement by the EPA is a great
victory for our remote Alaskan communities," said
Rep. Don Young (R-AK-At Large). "Many Alaskans
depend on diesel generators to heat their homes,
run their appliances, and keep their lights on, and
Washington D.C. shouldn't be getting in the way of
their everyday lives. Quite frankly, new generators
are very costly, and families shouldn't be burdened
by an arbitrary decision made four thousand miles
away."
Active Forest Management
Consistent with President Donald Trump's
December 2018 Executive Order on Promoting
Active Management of America's Forests,
Rangelands, and Other Federal Lands to Improve
Conditions and Reduce Wildfire Risk, EPA
supports actively managing these lands through
partnerships with states, tribes, communities,
non-profit organizations, and the private sector.
EPA recognizes and supports the use of prescribed
fires as an important tool to promote proper forest
management and reduce the risk of catastrophic
wildfires.
EPA issued a new guidance that will help state,
local, and tribal air agencies and key federal
partners show how certain air quality impacts from
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Here's What People Had to Say:
U.S. Representative Greg Walden (R-OR-2),
Ranking Member of the House Committee on
Energy and Commerce: "The EPA's new guidelines
are small steps in the right direction for forest
management and reducing the risk of catastrophic
wildfire... These guidelines will allow for more
flexibility for land managers to use prescribed fires
when necessary. We know prescribed fire is one tool
in the toolbox for improving forest health and
reducing the risk of larger, more dangerous
wildfires that pour smoke into our communities."
Utah Governor Gary Herbert: "We appreciate
the EPA listening to states and recognizing
that prescribed burns are an important tool
in maintaining healthy forests and preventing
catastrophic wildfires."
Jefferson County Colorado Board of County
Commissioners Chairman Libby Szabo: "The
mission of the EPA is to protect human health
and the environment, and that is exactly what
this tool does. When devastating fires ravage
our communities, it creates polluted air and
contaminates our rivers with harmful debris.
Giving local governments the latitude to make
decisions that are best for the vitality of their
communities will keep people safe and our air
and water clean. Those are the things we all
expect from our government."
Ventura County Supervisor and Air Pollution
Control Board Member Kelly Long: "In the wake
of some of the most devastating fires in history,
we have been exploring all possible options to
protect against and help mitigate the risk of
wildfires, which cause destruction on a massive
scale. Prescribed burns can be an incredibly
effective tool to protect life and property against
fire devastation and public officials should be
given broad latitude to employ this proactive
remedy. In addition, the air quality and public
health impacts of smoke from wildfires can be
greatly reduced by a well-managed prescribed fire
program."
prescribed fire on wildlands may be excluded from
some regulatory uses. The guidance, Exceptional
Events Guidance: Prescribed Fire on Wildland
that May Influence Ozone and Particulate Matter
Concentrations, streamlined the demonstration
development and review process. It promotes active
forest management by helping air agencies and our
federal partners show that air quality impacts from
prescribed fire on wildlands should be excluded
from some regulatory uses.
State Implementation Plans
EPA establishes National Ambient Air Quality
Standards (NAAQS) for common air pollutants to
improve air quality across the country. This can
be achieved in one of two ways: through state
driven solutions (i.e. State Implementation Plans
[SIPs]) or top-down mandates known as Federal
Implementation Plans (FIPs). Under the Trump
administration, EPA has been making a concerted
effort to convert previously issued FIPs into SIPs.
Since January 1, 2017 the agency has converted 23
FIPs to SIPs.
In addition, the agency has addressed 32
non-attainment areas by redesignating from
nonattainment to attainment. Attainment
redesignations means cleaner air, improved health
outcomes, and greater economic opportunities
for cities and communities. EPA is working closely
with state partners to help areas reach air quality
attainment, reduce regulatory burdens, and breathe
new life into local economies.
Rocky Mountains on a clear day.
In 2018, EPA Acting Administrator Wheeler issued a
Regional Haze Reform Roadmap, setting a path that
puts states in charge and reduces state planning
burdens. Following the roadmap, EPA has approved
5
-------
SIPs on regional haze for Kentucky and Arkansas.
April 2019: EPA Approves Revisions to Kentucky
Regional Haze Plan
EPA Administrator Wheeler approved revisions to
the Kentucky Regional Haze SIP for sulfur dioxide
and nitrogen oxides emissions at electric generating
units within the commonwealth. Administrator
Wheeler's approval removes the one-size-fits-all
FIP for Kentucky regional haze dating back to 2012
and fully approves Kentucky's clean air plan for
regional haze. The approval of Kentucky's Regional
Haze SIP is another example of successful federal/
state collaboration as EPA supports states to enable
efficient, timely and effective implementation of the
Regional Haze program.
"States are best suited to run their clean-air
programs, and Arkansas' clean-air plan gives our
state partner the flexibility needed to improve its
air quality," said EPA Region 6 Administrator Ken
McQueen. "This plan ensures that the skies over
Arkansas' scenic areas will be protected for future
generations."
"We appreciate and applaud this action by EPA. It
is a remarkable day for Arkansans and all who have
worked to restore state control," said Arkansas
Department of Energy and Environment Secretary
Becky W. Keogh. "Arkansas is well positioned with
this approved plan to achieve and surpass the air-
quality goals set in federal law, while realizing over
$2 billion of savings to ratepayers."
"EPA is removing burdensome, top-down federal
requirements and approving the commonwealth's
own plan for clean air and visibility," said EPA
Administrator Andrew Wheeler. "This action
reflects President Trump's commitment to reduce
regulatory burdens imposed on states and work
cooperatively with them to achieve environmental
progress."
"EPA is pleased to announce the approval of
Kentucky's regional haze plan," said EPA Region
4 Administrator Mary S. Walker. "This action
returns the authority to implement these clean air
provisions to the commonwealth."
"The Kentucky Department for Environmental
Protection (KDEP) appreciates EPA's recent
approval of the Kentucky Regional Haze State
Implementation Plan," said KDEP Commissioner
Anthony Hatton. "In the last 10 years, emissions
of sulfur dioxide and nitrogen oxides from Kentucky
electric generating units have decreased by 78
percent and 40 percent, respectively."
September 2019: EPA Approves Changes to
Arkansas' Clean-Air Plan for Regional Haze
EPA worked closely with Arkansas for the last two
years to update their plan and replace the FIP.
Arkansas' plan includes the reduction of sulfur
dioxide, oxides of nitrogen and particulate matter
using best-available retrofit technology at seven
electric-generating units.
6
Continued NSR Reform
Throughout 2019, the agency continued to make
progress in modernizing and streamlining the New
Source Review (NSR) permitting program. The NSR
permitting program is intended to protect air quality
when facilities are either newly built or modified,
in practice, however, the program has stopped
important projects that would reduce emissions.
EPA's efforts to streamline and modernize NSR
requirements are focused on incentivizingthe
installation of new technology and investment
in projects to improve air quality and industrial
efficiency.
"NSR reforms are a key component of President
Trump's agenda to revitalize American
manufacturing and grow our economy while
continuing to protect and improve the environment,"
said EPA Administrator Andrew Wheeler. "NSR
regularly discouraged companies from investing
in and deploying the cleanest and most efficient
technologies. Through the Trump administration's
efforts, EPA is providing clarity to permitting
requirements, improving the overall process, and
incentivizing investments in the latest energy
technologies."
In August 2019, EPA proposed a rule to clarify
the process for evaluating whether an NSR
preconstruction permit is needed when an existing
major-emitting facility plans to make changes or
expand. This action would reduce uncertainty and
streamline regulatory obligations.
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In late 2019, EPA issued final guidance, identifying
the sort of measures which EPA may take account
of in determining whether a source owner or
operator has precluded the general public from
having access to its property. The guidance updates
EPA's policy to recognize that a variety of measures
may be considered effective in keeping the public
off a source owner/operator's property.
In addition, EPA issued a final guidance that revises
the agency's interpretation of when multiple
air pollution-emitting activities are located on
sufficiently "adjacent" properties to one another
that they should be considered a single source
for the purposes of permitting. This interpretation
should help clarify and streamline the permitting
process.
EPA issued a proposal to address minor errors
that have accumulated over time in four NSR
regulations. While these minor errors, such as
outdated cross references and typographical
errors, have not materially impeded the effective
operation of the NSR program, EPA believes
that it is important to remove such errors from
the regulations in order to provide regulatory
certainty and clarity. The proposed corrections
are all considered to be non-substantive and are
intended to provide clarity and precision to the
NSR regulations without altering any NSR policy or
changing the NSR program as a whole.
Methane
As a result of EPA's review of the 2016 New Source
Performance Standards (NSPS) for the oil and
natural gas industry, which was conducted in
response to President Trump's Executive Order
13783 - Promoting Energy Independence and
Economic Growth, the agency put forth a proposal
that would remove regulatory duplication while
maintaining health and environmental regulations
on oil and natural gas sources that the agency
considers appropriate to regulate. The proposal is
estimated to save $17 - 19 million in compliance
costs each year while continuing to reduce
emissions.
"EPA's proposal delivers on President Trump's
executive order and removes unnecessary and
duplicative regulatory burdens from the oil and gas
industry," said EPA Administrator Andrew Wheeler.
"The Trump administration recognizes that methane
is valuable, and the industry has an incentive to
minimize leaks and maximize its use. Since 1990,
natural gas production in the United States has
almost doubled while methane emissions across
the natural gas industry have fallen by nearly 15
percent. Our regulations should not stifle this
innovation and progress."
Here's What People Had to Say:
U.S. Senator Kevin Cramer (R-ND): "North Dakota
is a leader in oil and natural gas production;
and as I like to say, North Dakota does not need
Washington imposing its mediocrity on our
excellence. This proposed rule maintains health
and environmental protections while eliminating
duplicative regulations which increase compliance
costs for producers that get passed along to
consumers. I applaud Administrator Wheeler for
continuing President Trump's promise to eliminate
burdensome regulations placed on energy
production, and I urge North Dakotans to offer
their input on this proposal."
Rep. Rob Bishop (R-UT-01): "For too long, the
overregulation of methane has imposed undue
burdens. By continuing on this unnecessary path,
we fail to alleviate inflating energy prices or provide
meaningful environmental gains. Removing
barriers to energy production here at home,
where we have the most stringent environmental
standards, should be common sense. These
proposals by the EPA are in line with the prudent
policy of securing American energy independence
and prosperity."
Rep. Andy Biggs (R-AZ-05): "Promises made,
promises kept: I commend President Trump and
his administration for taking action against the
EPA's disastrous methane rule. By promoting
energy independence and economic growth
through a sound deregulatory agenda, we will
continue to see a boom in the American oil and
gas sector that helps fuel millions of lives across
the world."
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WATER: Providing Clean & Safe Water
Restoring Regulatory Certainty Through
Repealing of the 2015 "Waters of the United
States" (WOTUS) Definition and Proposing a
Revised Definition
Consistency and certainty is vital in defining "waters
of the United States" (WOTUS) for the American
public. In September 2019, EPA and the U.S.
Department of the Army announced the repeal of
the 2015 Rule that impermissibly expanded the
definition of WOTUS. The repeal action recodified
the longstanding and familiar regulatory text that
existed prior to the 2015 Rule. This step was
necessary following years litigation surrounding
the rule and multiple court decisions that blocked
implementation of the 2015 Rule due to its
overreach. When repeal took effect in December
2019, the action ended a regulatory patchwork that
required implementing two competing Clean Water
Act regulations creating regulatory uncertainty
across the U.S. Also, in 2019, the agencies began
to carefully review the 620,000 comments received
on the proposed revised definition of "waters of
the United States." The agencies look forward to
finalizing this action in early 2020.
Providing Safe Drinking Water
Reducing Exposure to Lead in Drinking Water
Ensuring all communities have access to safe, clean
drinking water is a top priority for EPA under the
Trump administration. In October, EPA announced
a proposed rule that would significantly improve
the actions that water systems must take to reduce
lead in the nation's drinking water. This proposal
represents the first major overhaul of the Lead and
Copper Rule in nearly three decades and marks a
critical step in advancing the Trump administration's
Federal Action Plan to Reduce Childhood Lead
Exposures and Associated Health Impacts. As part
of the proposal, for the first time, community water
systems would be required to take drinking water
samples from the schools and child care facilities
they serve.
"The Trump administration is delivering on its
commitment to ensure all Americans have access
to clean drinking water by proposing the first major
overhaul of the Lead and Copper Rule in over
two decades," said EPA Administrator Andrew
Wheeler. "By improving protocols for identifying
lead, expanding sampling, and strengthening
treatment requirements, our proposal would
ensure that more water systems proactively take
actions to prevent lead exposure, especially in
schools, child care facilities, and the most at-
risk communities. We are also working with the
Department of Housing and Urban Development to
encourage states and cities to make full use of the
many funding and financing options provided by the
federal government."
In conjunction with the announcement, EPA
and the U.S. Department of Housing and Urban
Development (HUD) launched a new website
that summarizes available federal programs
that help finance or fund lead service line (LSL)
replacement. The new resource also includes case
studies demonstrating how cities and states have
successfully leveraged federal resources to support
LSL replacement projects.
"During my time as a physician, I saw firsthand
the devastating impacts lead exposure can have
on children," said HUD Secretary Ben Carson. "I
applaud the EPA for taking action to reduce lead
exposure in drinking water, particularly in our most
vulnerable communities."
The agency's proposal takes a proactive and holistic
approach to improving the current rule — from
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testing to treatment to telling the public about the
levels and risks of lead in drinking water. If finalized,
EPA's proposed rule would:
• Require more water systems to act sooner to
reduce lead levels and protect public health;
• Improve transparency and communication; and
• Better protect children and the most at-risk
communities.
KEY AREAS OF THE LEAD AND COPPER RULE
Under the proposal, a community water system
would be required to take new actions, including,
but not limited to:
1) Identifying the most impacted areas by requiring
water systems to prepare and update a publicly-
available inventory of lead service lines and
requiring water systems to "find-and-fix" sources of
lead when a sample in a home exceeds 15 parts
per billion (ppb).
2) Strengthening drinking water treatment by
requiring corrosion control treatment based on tap
sampling results and establishing a new trigger level
of 10 ppb.
3) Replacing lead service lines by requiring water
systems to replace the water system-owned portion
of an LSL when a customer chooses to replace
their portion of the line. Additionally, depending on
their level above the trigger level, systems would be
required take LSL replacement actions.
4) Increasing drinking water sampling reliability by
requiring water systems to follow new, improved
sampling procedures and adjust sampling sites to
better target locations with higher lead levels.
5) Improving risk communication to customers by
requiring water systems to notify customers within
24 hours if a sample collected in their home is
above 15 ppb. Water systems will also be required
to conduct regular outreach to homeowners with
LSLs.
6) Better protecting children in schools and child
care facilities by requiring water systems to take
drinking water samples from the schools and child
care facilities served by the system.
Rebuilding America's Water Infrastructure
Water Infrastructure Finance and Innovation Act
(WIFIA)
Established by the Water Infrastructure Finance and
Innovation Act of 2014, EPA's WIFIA federal loan
and guarantee program accelerates investment in
the nation's water infrastructure by providing long-
term, low-cost supplemental credit assistance for
regionally and nationally significant projects. WIFIA
credit assistance can be used for a wide-range
of projects, from drinking water treatment and
seawater desalination, to drought mitigation and
water recycling.
Since its inception in 2017, EPA has invited projects
from 27 states and the District of Columbia to
apply for a WIFIA loan. The agency has issued 14
WIFIA loans to date, ranging from $21 million to
$699 million. Collectively, these closed WIFIA loans
totaled more than $3.5 billion in credit assistance
to help finance more than $8 billion for water
infrastructure projects while creating more than
15,000 jobs. Because the WIFIA program offers
loans with low interest rates, these 14 WIFIA loans
are anticipated to save borrowers up to $1.15 billion
compared to typical bond financing.
In October, EPA closed a $436 million WIFIA loan -
the largest initial disbursement under WIFIA to date
- to the Indiana Finance Authority (IFA). With EPA's
WIFIA loan, IFA will be able to lend to an additional
23 drinking water and wastewater infrastructure
projects, including ten projects located in rural
communities, delivering clean water and protecting
public health across the state of Indiana. Drinking
water projects will include efforts to improve water
treatment plants, storage tanks, distribution system
components, wells, and pump stations as well as to
construct resiliency features and implement water
conservation measures. Wastewater projects will
include efforts to improve and increase capacity
of treatment plants and construction of tunnels
to capture combined sewer overflows. As a result,
Indiana residents will benefit from improved
drinking water and having fewer pollutants entering
their waterways.
Combining state resources, annual federal
capitalization grant dollars, and its WIFIA loan,
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Indiana's State Revolving Fund (SRF) will be able
to lend nearly $900 million to support water
infrastructure projects throughout the state. EPA's
WIFIA program will finance nearly half of that figure
- up to $436 million. Project construction and
operation are expected to create 3,034 jobs. This
loan marks the first time EPA has provided WIFIA
financing directly to a SRF program.
"By using its State Revolving Fund assets to
leverage a WIFIA loan, Indiana's innovative financing
approach will allow it to lend nearly $900 million to
23 projects across the state, including ten in rural
communities. These projects will improve water
quality and protect the health of millions of Hoosiers
while also creating well-paying jobs," said EPA
Administrator Andrew Wheeler.
"When we say infrastructure, we often think of our
roads, but Indiana has more than 46,000 miles of
water infrastructure," said Indiana Governor Eric
Holcomb. "Delivering clean water and protecting
public health are top priorities, and I am grateful
that our partnership with the EPA will help empower
communities across Indiana to take our water
systems to the Next Level."
"In Indiana, we aren't afraid to make history. We
are honored to be the first state to receive WIFIA
financing directly to our State Revolving Fund
program," said IFA Chief Operating Officer Jim
McGoff.
NextLevel
• CWA Authority, Inc.
"As a life-long conservationist, this WIFIA loan from
President Trump's EPA will improve water quality
for millions of Hoosiers across the state," said
U.S. Senator Mike Braun (R-IN). "Hoosiers should
be proud that President Trump's EPA is restoring
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regulatory certainty, while creating good-paying jobs
and, most importantly, securing access to clean,
drinkable water for generations to come."
"I am pleased to see that Indiana is receiving
a $436 million WIFIA loan to help with critical
water infrastructure needs. This investment will
help Hoosiers across the state, including those in
rural communities, receive important funding to
strengthen and improve their water infrastructure,"
said Rep. Larry Bucshon (R-IN-08). "As a physician,
I understand the importance clean and reliable
water infrastructure plays in the health of our
citizens and the vitality of our agriculture."
State Revolving Funds
The Clean Water and Drinking Water State Revolving
Funds play an integral role in President Trump's
efforts to improve and upgrade our nation's water
infrastructure and ensure all Americans have
access to clean and safe water. In 2019, EPA made
a $2.6 billion contribution to the SRFs, enabling
more communities to make the investments needed
to ensure Americans have safe water for drinking
and recreation. These funds can also be combined
with EPA's WIFIA loans to create a powerful,
innovative financing solution for major infrastructure
projects nationwide.
Modernizing the Clean Water Act (CWA)
Permitting Process
Working cooperatively with federal, state, and tribal
co-regulators, the regulated community, and other
stakeholders, EPA took multiple actions in 2019
toward streamlining and improving the efficiency
of CWA Section 401 certification processes and
Section 404 permitting, including:
• Issuing guidance and proposing a rule to provide
greater clarity and regulatory certainty regarding
the Section 401 water quality certification
process, consistent with President Trump's
Executive Order 13868, "Promoting Energy
Infrastructure and Economic Growth." Prior to
the Trump administration's efforts, the rules
governing Section 401 authority had not been
updated in nearly 50 years and evolving case
law and outdated agency guidance caused
some confusion and resulted in delays in certain
infrastructure projects with potentially significant
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national benefits. EPA issued guidance in June
to help clarify existing water quality certification
regulations for federal agencies, states, and
authorized tribes. The agency proposed a rule
in August that seeks to modernize the agency's
existing regulations and implement Section 401
to provide greater clarity and regulatory certainty
for the water quality certification process.
• Initiating a rulemaking to modernize the Section
404(g) regulations and foster greater interest
by states and tribes to assume administration
of Section 404 permitting responsibility. This
includes clarifying which waters a state or tribe
may assume and which would be retained by the
U.S. Army Corps of Engineers (Corps). To date,
only the States of Michigan and New Jersey have
assumed administration of the Section 404
program; the Corps retains permitting authority
for the rest of the country.
• EPA also intends to initiate a rulemaking with the
Corps to enhance the efficiency of the mitigation
bank and in-lieu fee program approval time
while also promoting conservation and wetland
mitigation projects.
ABOUT CLEAN WATER ACT SECTION 401 & 404
Section 401 of the CWA provides states and
authorized tribes with an important tool to help
protect water quality within their borders in
collaboration with federal agencies. Under Section
401, a federal agency may not issue a permit or
license to conduct any activity that may result in any
discharge into waters of the United States unless
a state or authorized tribe where the discharge
would originate issues a Section 401 water quality
certification verifying compliance with existing water
quality requirements or waives the certification
requirement.
Section 404 of the CWA establishes a program to
regulate the discharge of dredged or fill material
into waters of the U.S., including wetlands. Activities
in waters of the U.S. regulated under this program
include fill for development, water resource
projects (such as dams and levees), infrastructure
development (such as highways and airports), and
mining projects. Section 404 requires a permit
before dredged or fill material may be discharged.
Reducing Excess Nutrients in the Nation's Waters
Under the Trump administration, EPA is focusing its
attention on reducing excess nutrients impacting
the health of the nation's waters through an all-
of-the-above approach, which includes enhanced
federal and state coordination and stakeholder
engagement, and promoting market-based and
other collaborative approaches to water quality
improvements.
Water Quality Trading
In February, the agency issued a new water quality
trading policy memorandum identifying six market-
based principles the agency supports that are
intended to promote nutrient reductions and water
quality improvements at a lower cost using market-
based mechanisms. This policy change works to
improve upon the agency's 2003 water quality
trading memorandum, which despite its intent did
not facilitate widespread adoption of water quality
trading. In September, EPA took another step in this
process by seeking public comment on one of the
six market-based principles identified in the water
quality trading policy memo, asking for public input
on approaches to clarify and provide flexibility on
the use of credits in water quality trading.
Mississippi River/Gulf of Mexico Hypoxia Task Force
(Hypoxia Task Force)
To stimulate greater collaboration between
stakeholders, EPA hosted a roundtable discussion
in Baton Rouge, Louisiana, in May, focused on
identifying opportunities to reduce nutrient losses
around the country. Following the roundtable
discussion, EPA co-chaired the Hypoxia Task Force
(HTF) public meeting, where federal and state
members of the HTF heard updates on gulf science,
new tools for tracking conservation actions, and
innovative financing and market opportunities to
reduce excess nutrients. In August, EPA announced
that it is providing $1.2 million to the 12 state
members of the HTF to help implement state plans
to reduce excess nutrients.
"The Trump administration's nutrient roundtable
discussion produced a rich conversation on the
challenges and opportunities that lie ahead for
reducing nutrient losses in the Mississippi River
Basin," said EPA Office of Water Assistant
Administrator David Ross. "EPA looks forward to
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convening more of these roundtable discussions
in the future so that we can better focus federal
resources to address this environmental challenge
and deliver more effective results for the American
people."
Other Actions
In February, EPA signed a Memorandum of
Understanding with the Water Research Foundation
to develop affordable technologies to recycle
nutrients from manure. In May, EPA issued new
recommendations for water quality criteria and
swimming advisory values for two cyanotoxins.
EPA also published infographics for state and
stakeholder use to help inform the public of what
harmful algal blooms may look like and how to
prevent exposure to humans and pets. In August,
EPA announced awarding more than $7.5 million
in Farmer to Farmer Cooperative Agreements to
fund projects that improve water quality, habitat,
and environmental education in the Gulf of Mexico
watershed. These grants promote innovative,
market-based solutions for monitoring and
improving water quality while also maintaining a
vital agricultural economy.
Achieving Greater Pollution Reductions at a Lower
Cost
In November, EPA proposed revisions to its Steam
Electric Power Plant Effluent Guidelines Rule issued
in 2015, which was subject to legal challenge and
for which the agency received multiple petitions for
reconsideration. EPA estimates that its proposal, if
finalized, would achieve greater pollution reductions
than the 2015 rule, at a lower cost. By leveraging
newer and less costly pollution control technologies
and taking a flexible, phased-in implementation
approach, EPA's proposal is estimated to save more
than $175 million annually in pre-tax compliance
costs while reducing the amount of pollutants
discharged to our nation's waters by approximately
105 million pounds per year over the 2015 rule.
Promoting Greater Water Reuse and Recycling
Nationwide
With 80 percent of states anticipating some
freshwater shortages in the next decade, all levels
of government have a responsibility to ensure
that Americans have access to reliable sources of
clean and safe water. Water reuse has become a
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rapidly expanding means of supporting the nation's
communities and economy by bolstering safe and
reliable water supplies for human consumption,
agriculture, business, industry, recreation, and
healthy ecosystems. EPA, under the Trump
administration, has made it a priority to promote
the reuse of water for beneficial purposes instead of
treating it as waste. In September, EPA released the
draft National Water Reuse Action Plan for public
comment. The draft National Water Reuse Action
Plan represents the first initiative of this magnitude
that has been coordinated across the water sector
and identifies priority actions and the leadership
and collaboration that is needed between
governmental and nongovernmental organizations
to implement these actions. When finalized in
February 2020, the National Water Reuse Action
Plan will include clear commitments and milestones
for specific actions that will further water reuse.
What They're Saying
EPA Assistant Administrator for Water David
Ross: "Forty states anticipate experiencing fresh
water shortages in certain regions within their
borders over the next decade. Diversifying our
nation's water portfolio must be a nationwide
priority, and water reuse has the potential to
ensure the viability of our water economy for
generations to come."
U.S. Department of the Interior Assistant
Secretary for Water and Science Tim Petty:
"The Water Reuse Action Plan is a dynamic
collaboration of federal partners and stakeholders
to innovate and utilize water reuse technology
to meet water challenges of today and prepare
for the water needs of tomorrow. Developing and
deploying these technologies to secure a safe
water supply for our nation is a top priority of this
administration."
U.S. Department of Energy Office of Energy
Efficiency and Renewable Energy Assistant
Secretary Daniel Simmons: "Water and energy
are intrinsically intertwined critical resources for
America. New research and technology innovation,
along with increased collaborations identified in
the new Water Reuse Action Plan will help advance
our nations' water security and reduce water-
related risks for our energy systems."
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Supporting America's Water Sector Workforce
In September, EPA announced its Water Workforce
Initiative, a first-of-its-kind initiative by the agency
to help cities and communities across the country
that are facing critical staffing shortages for the
operation and maintenance of essential drinking
water and wastewater infrastructure. The goal of
this new initiative is to provide federal leadership,
collaborate with partners, and increase public
awareness to bolster interest in water sector
careers - a field that is charged with ensuring that
ail Americans have access to clean and safe water.
EPA Assistant Administrator for Water David Ross tours the
Green Bay Water Utility Facility with Kurt Thiede, current EPA
Region 5 Administrator.
"Ensuring all Americans have access to clean water
is a top priority of the Trump administration, and
we can't fulfill that goal without supporting the
skilled workers who provide clean drinking water
and safe wastewater treatment every day," said
EPA Administrator Andrew Wheeler. "We are
launching the Water Workforce Initiative to help
local communities ensure they have enough highly
trained workers to operate the water utilities of
today and tomorrow."
Approximately one-third of drinking water and
wastewater operators in the U.S. will be eligible to
retire in the next ten years. Due to several factors,
including limited awareness of water careers, the
sector often faces challenges with recruitment and
retention of the skilled workers required in today's
high-tech water sector. And due to the scale of this
challenge and the implications for environmental
and public health protections, collaboration across
federal, state, tribal and local governments as well
as public utilities, the private sector, water sector
associations, community groups, and educational
institutions is essential to developing an actionable
Water Workforce Initiative.
"Building a dynamic and diverse water workforce
for the 21st century is absolutely vital to continuing
to deliver on our sector's mission to protect
public health and the environment," said Water
Environment Federation President Tom Kunetz.
"WEF is very grateful that EPA is collaborating with
our organization and others to address critical
workforce needs and believes the agency's support
will help advance current initiatives and better
target federal efforts to the water sector."
"EPA looks forward to capturing innovative ideas
and collaborative actions through our Water
Workforce Initiative so that we can take meaningful
steps to ensure we have a strong water sector
workforce for generations to come," said EPA
Assistant Administrator for Water David Ross.
(Q) [In The News]
0 Deseret News
"A leading U.S. Environmental Protection Agency
administrator called water plant operators the
'silent everyday unsung heroes' who are on the
front lines for protecting public health. While
police officers, firefighters, and teachers are
routinely praised for their value in the public
service sector, the skilled workers who provide
clean drinking water at the tap and treat
wastewater often go unnoticed...
Ross lamented what he says will be a 30 to 40
percent decrease in skilled labor in the United
States over the coming years as the aging
workforce retires.
'Without this sector, we don't have society as we
know it,' he said...
Ross said he hopes EPA and others in the water
world can partner with the Department of Defense
to take advantage of the skill sets in retiring
military personnel as a way to tap into 'human
capital.'"
Amy Joi O'Donoghue [September 12, 2019]
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LAND: Revitalizing Land for Reuse
Superfund
In Fiscal Year (FY) 2019 EPA deleted all or part of
27 sites from Superfund's NPL. the largest number
of deletions in a single year since FY 2001. This
represents the third year in a row that EPA has
significantly increased the number of sites deleted
from the NPL, helping communities move forward in
reusing and redeveloping the land by making it clear
that cleanup is complete.
U.S. EPA 9
This year we've deleted all or part of 27 sites from the
#Superfund Site National Priorities List! That's the most
since 2001, and the third consecutive year that deletion
numbers have increased! epa.gov/newsreleases/e...
NPL Deletions by Fiscal Year
2001 2002 200} 20O4 2005 <006 200' 2003 2009 20X0 Mil 2012 2011 2014 2011 20:6 201 f »l> 2019
The agency's FY 2019 deletions include 12 full sites
and parts of 15 sites.
Sites EPA Completely Deleted from the NPL:
Buckeye Reclamation in St. Clairsville, Ohio
Duel! & Gardner Landfill in Dalton Township,
Michigan
Electro-Coatings, Inc in Cedar Rapids, Iowa
Ellenville Scrap Iron and Metal in Ellenville,
New York
Intel Corp. (Santa Clara III) in Santa Clara,
California
Intermountain Waste Oil Refinery in Bountiful,
Utah
MGM Brakes in Cloverdale, California
Mystery Bridge Rd/U.S. Highway 20 in
Evansville, Wyoming
Peter Cooper in Gowanda, New York
lO.Strasburg Landfill in Newlin Township,
Pennsylvania
11.Tennessee Products in Chattanooga, Tennessee
12.Tomah Armory in Tomah, Wisconsin
Sites Partially Deleted from the NPL:
1. Beckman instruments (Portervilie Plant) in
Portville, California
2. Beloit Corp. in Rockton, Illinois
3. Cleburn Street Well in Grand Island, Nebraska
4. Escambia Wood in Pensacoia, Florida
5. Libby Asbestos in Libby, Montana
6. Novak Sanitary Landfill in South Whitehall
Township, Pennsylvania
7. Omaha Lead in Omaha, Nebraska
8. Robintech, Inc./National Pipe Co. in Vestal,
New York
9. Shaw Avenue Dump in Charles City, Iowa
10.South Minneapolis Residential Soil
Contamination in Minneapolis, Minnesota
11.South Valley in Albuquerque, New Mexico
12.South Weymouth Naval Air Station in
Weymouth, Massachusetts
13.Townsend Saw Chain Co. in Pontiac, South
Carolina
14.Twin Cities Army Ammunition Plant in New
Brighton, Minnesota
15.Vasquez Boulevard and 1-70 in Denver, Colorado
Superfund Redevelopment
EPA celebrated the 20th anniversary of the
Superfund Redevelopment Initiative, launched
in 1999 with the goal of returning formerly
contaminated lands to long-term sustainable
and productive reuse for communities across the
country. In 2019, 48 sites reached Sitewide Ready
for Anticipated Use status, meaning they were ready
for communities to reuse sites which were formerly
contaminated land. 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.
Superfund Task Force
In September, at the Southside Chattanooga
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Superfund Site, EPA Administrator Andrew Wheeler
announced the completion of the Superfund Task
Force and issued the Task Force's final report
outlining significant accomplishments over the past
two years at Superfund sites across the country.
"Thanks to the hard work of EPA career officials,
the Superfund Task Force has strengthened the
program in numerous ways, from accelerating
cleanups to promoting redevelopment to improving
community engagement," said Administrator
Andrew Wheeler. "The recommendations
generated by the Task Force and applied by the
Superfund program have directly improved the
health and economic opportunity of thousands of
people living near Superfund sites. We are taking
concrete steps to ensure that the work of the Task
Force continues to enhance the Superfund program
moving forward."
Continue to identify and implement new
opportunities and approaches to improve the
program's performance and effectiveness.
SUPERFUND TASK FORCE
FINAL REPORT
Administrator's request cn May 22,2017. Die recommendations address:
parties involved in the entire cleanup process; encouraging private investment;
promoting redevelopment and community revitalization; and building and
SEPA
The important work of the Task Force will continue
under the Superfund Program and at all sites on
the NPL. The agency will continue to prioritize
expediting cleanups to protect people's health and
the environment. Moving forward, the agency plans
to:
• Improve accountability and ensure the work
continues in the future by tracking and reporting
on our progress with a new set of performance
measures.
• Conduct a strategic and comprehensive portfolio
review of every site remaining on the NPL to
enable EPA to better utilize the Task Force's
tools and lessons learned in advancing cleanups
across the country.
Highlights of the Superfund Task Force
Goal 1: Expediting Cleanup and Remediation
The Task Force developed several tools to expedite
cleanup and remediation at sites including the
Administrator's Emphasis List, a list of sites
targeted for the administrator's immediate and
intense attention. The agency will continue using
the Emphasis List to focus on sites needing
immediate and intense attention and will update
the list quarterly.
Goal 2: Re-Invigorating Responsible Party Cleanup
and Reuse
The Task Force developed new enforcement
guidance for EPA's regional offices to accelerate
remedial design starts at potentially responsible
party (PRP)-lead Superfund sites. Moving forward,
the guidance's recommended settlement strategy
will be considered by EPA regions as a matter of
national practice. This guidance has accelerated
work at several sites, including the B.F. Goodrich
Site in Calvert City, Kentucky.
Goal 3: Encouraging Private Investment
The Task Force recognized that EPA should
support, where appropriate, innovative approaches
to promote third-party investment in cleanup and
reuse of contaminated properties consistent with
statutory authorities. For example: At the Madison
County Mines Site in Fredericktown, Missouri,
EPA entered into an administrative settlement
with Missouri Mining Investments, LLC to conduct
removal actions at the site. This will result in the
consolidation and capping of on-site mine waste
and allow the approximately 1,750-acre property
to be redeveloped for future mining of cobalt
and other metals. Missouri Mining Investments
constructed a new tailings processing facility to
recover metals from existing mine waste on site,
and production has already begun.
Goal 4: Promoting Redevelopment and Community
Revitalization
The Task Force worked to increase the number
of NPL sites that are returned to communities for
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redevelopment through focused management
attention and improved program practices. In FY
2019, EPA achieved the goal of sitewide ready
for anticipated use at 48 sites. EPA will continue
to post specific information about sites available
for redevelopment prominently on the Superfund
Redevelopment website for stakeholders,
developers, and businesses seeking information.
Goal 5: Engaging Partners and Stakeholders
The Task Force initiated a number of ongoing
outreach activities to engage communities near
Superfund sites, for example:
• Partnership and Stakeholder Engagement
Strategy: EPA developed and released a
"Partnership and Stakeholder Engagement
Strategy" to strengthen EPA partnerships
and increase public participation and
transparency at Superfund sites across the
country.
• Risk Communication Strategy: The
agency developed a plan to improve risk
communication and community involvement
practices during the long-term stewardship
phase of Superfund site remediation. Lessons
learned from implementing this plan will be
applied across the life-cycle of the Superfund
process.
Brownfields
Under the Trump administration, EPA's Brownfield
and Land Revitalization Program has provided
approximately $222 million directly to communities
and nonprofits for cleanup and redevelopment, job
creation, and economic development through the
award of approximately 793 grants. The agency has
also allocated $139.8 million to approximately 171
state and tribal entities to establish and enhance
their brownfields response programs. These
grants provide communities with an opportunity
to transform contaminated sites into community
assets that attract jobs and achieve broader
economic development outcomes.
In June, EPA Administrator Andrew Wheeler, joined
by the White House Opportunity and Revitalization
Council Executive Director Scott Turner, traveled
to Dauphin County, Pennsylvania, to announce
that 149 communities were selected to receive
151 grant awards totaling $64,623,553 in EPA
16
Brownfields funding through the Multipurpose,
Assessment, and Cleanup Grant Programs. These
funds will aid under-served and economically
disadvantaged communities in Opportunity Zones
and other parts of the country in assessing and
cleaning up abandoned industrial and commercial
properties. Forty percent of the communities
selected for funding will receive assistance for the
first time.
"These grants fulfill several of President Trump's
top priorities simultaneously: helping communities
in need transform contaminated sites into
community assets that not only create jobs and
jumpstart economic development but also improve
public health and the environment," said EPA
Administrator Andrew Wheeler. "We are targeting
these funds to areas that need them the most.
Approximately 40 percent of the selected recipients
are receiving Brownfields grants for the first time,
which means we are reaching areas that may have
previously been neglected, and 108 of the selected
communities have identified sites or targeted areas
that fall within Opportunity Zones."
White House Opportunity and Revitalization Council Executive
Director Scott Turner speaks in Dauphin County.
"I am truly excited to join as EPA Administrator
Andrew Wheeler announces over $64 million in
Brownfield funding," said White House Opportunity
and Revitalization Council Executive Director
Scott Turner. "The Brownfields grant program is a
tremendous vehicle for bringing real revitalization
and transformation to the distressed communities
of America. As the Executive Director of the White
House Opportunity and Revitalization Council, I am
pleased that EPA continues to support the Council
and the President's work in this area. In fact, of the
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149 communities selected for these grants, 108
will benefit communities with Opportunity Zones. I
look forward to seeing the impact that these grants
will have on neighborhoods and citizens across the
country."
Administrator Wheeler presents Dauphin County, Pennsylvania
with a Brownfields Grant.
Grants awarded by EPA's Brownfield Program
provide communities across the country with an
opportunity to transform contaminated sites into
community assets that attract jobs and achieve
broader economic development outcomes while
taking advantage of existing infrastructure. For
example, Brownfields grants have been shown to:
• Increase Local Tax Revenue: A study of 48
brownfields sites found that an estimated $29
million to $97 million in additional local tax
revenue was generated in a single year after
cleanup. This is two to seven times more than
the $12.4 million EPA contributed to the cleanup
of these sites.
• Increase Residential Property Values: Another
study found that property values of homes near
revitalized Brownfields sites increased between
5 percent and 15 percent following cleanup.
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EPA also announced $9.3 million in supplemental
funding for 24 current successful Brownfields
Revolving Loan Fund (RLF) grantees in June. The
supplemental funds announced went to
communities including the City of Atlanta, City
of Rockford, Indiana Finance Authority, City of
Worcester, City of Racine, and Vermont Agency
of Commerce and Community Development,
which have demonstrated success in using their
RLF funds to clean up and redevelop brownfields
sites. The funds will be used to continue their
progress in reusing vacant and abandoned
properties and turning them into community assets
such as housing, recreation and open space,
health facilities, social services, and commerce
opportunities.
Rounding out the fiscal year, EPA announced the
selection of 26 organizations to receive a total
of $5.1 million in grants for environmental job
training programs across the country. Funded
through the agency's successful Environmental
Workforce Development and Job Training Program,
these grants help to create a skilled workforce in
communities where EPA brownfields assessment
and cleanup activities are taking place.
Of the programs selected for funding this year, 31
percent plan to serve residents of communities
experiencing persistent poverty and nearly 70
percent plan to serve veterans. All 26 selected
programs plan to serve communities with census
tracts designated as federal Opportunity Zones -
an economically-distressed community where new
investments, under certain conditions, may be
eligible for preferential tax treatment.
Selectees:
1. Alaska Forum Inc. (Anchorage, Alaska)
2. Auberle (McKeesport, Pennsylvania)
3. City of New Bedford (New Bedford,
Massachusetts)
4. City of Pittsburg (Pittsburg, California)
5. City of Richmond (Richmond, California)
6. City of Rochester (Rochester, New York)
7. City of Springfield (Springfield, Missouri)
8. Civic Works Inc. (Baltimore, Maryland)
9. Colorado Department of Local Affairs (Denver,
Colorado)
10. Corporation to Develop Communities of Tampa
Inc. (Tampa, Florida)
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11. Cypress Mandela Training Center Inc. (Oakland,
California)
12.Earth Conservancy (Ashley, Pennsylvania)
13. El Centra (Kansas City, Kansas)
14. Full Employment Council (Kansas City, Missouri)
15.Great Lakes Community Conservation Corps.
(Milwaukee, Wisconsin)
16. Hunters Point Family (San Francisco, California)
17. Lorain County Board of Commissioners (Elyria,
Ohio)
18. Lost Angeles Conservations Corps (Los Angeles,
California)
19.0AI Inc. (Chicago, Illinois)
20.PathStone Corporation (Rochester, New York)
21.Southern University at Shreveport (Shreveport,
Louisiana)
22.St. Louis Community College (Bridgeton,
Missouri)
23.The Fortune Society Inc. (Long Island City, New
York)
24. Training to Work an Industry Niche (Charlotte,
North Carolina.)
25.Workforce Inc. dba RecycleForce (Indianapolis,
Indiana)
26.Zender Environmental Health and Research
Group (Anchorage, Alaska)
national conference, which provided our brownfields
communities and stakeholders with an unparalleled
opportunity to learn how to build and improve local
programs."
This conference provided a dynamic educational
program of speakers, discussions, mobile
workshops, films, and other learning formats. Case
study examples, program updates, and useful
strategies were provided to help attendees meet
various brownfield challenges head on. Topics
covered at the event included:
• Success Stories from the Environmental Justice
Communities
• Sustainability, Livability, Resiliency
• Financing Options, Real Estate, and Economic
Development
• Smart Cities and Communities
• Community Engagement and Environmental
Justice
• State, Tribal, and Local Government Programs
and Partnerships
• Liability and Enforcement
• Cleanup and Remediation Approaches
• Small Communities and Rural Places
2019 Brownfields Conference
In December, EPA cohosted the 2019 Brownfields
National Training Conference in Los Angeles,
California with the International City/County
Management Association. More than 2,000
stakeholders in cleanup and redevelopment
attended this year's conference to learn from
each other about sustainable reuse of brownfield
sites and share success stories from across the
country. Participants included representatives from
communities, non-profits, real estate development,
the building industry, and academic institutions, as
well as local, state, tribal, and federal government
leaders.
"Finding ways to revitalize vacant, abandoned,
contaminated or potentially contaminated
properties is at the heart of EPA's cleanup
programs," said EPA Office of Land and Emergency
Management Assistant Administrator Peter
Wright. "EPA is proud to have sponsored this
18
Assistant Administrator Wright speaks at the
2019 Brownfields National Training Conference.
Emergency Management
Final Rule to Add Reporting Exemption Under
EPCRA for Air Emissions from Animal Waste
In June, EPA Administrator Andrew Wheeler signed
a final rule amending the emergency release
notification regulations under the Emergency
Planning and Community Right-to-Know Act
(EPCRA). The amendments clarify that reporting of
routine air emissions from animal waste at farms is
not required under EPCRA.
• Brownfield
• •
.os Anqeles, CA
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The final rule comes as first responders across
the country have repeatedly reminded the agency
that community-specific protocols are determined
between local responders and animal producers
well in advance of emergencies. These strong
partnerships provide a platform for resolving issues
when they arise without the need for a national one-
size-fits-all approach.
"This final rule provides clarity and certainty to the
regulated community that animal waste emissions
from farms do not need to be reported under
EPCRA," said EPA Administrator Andrew Wheeler.
"This action eliminates an onerous reporting
requirement and allows emergency responders
and farmers to focus on protecting the public
and feeding the nation, not routine animal waste
emissions."
"The goal of emergency response officials and
local emergency planning committees (LEPCs) is
to prepare communities for emergency threats
related to hazardous chemical releases. Such
emergency threats do not include 'best guess'
reporting on day-to-day emissions on farms and
animal operations," said National Association
of SARA Title III Program Officials (NASTTPO)
President Tim Gablehouse. "The focus of LEPCs
should be and is on chemical hazards that present
meaningful risk of harm to community members
and first responders. We look forward to working on
enhanced coordination and cooperation between
all community members to improve preparedness
for hazardous chemical releases."
Risk Management Program Reconsideration Rule
In November, the agency released the Risk
Management Program (RMP) Reconsideration final
rule, which modifies and improves the existing
rule to remove burdensome, costly, unnecessary
amendments while maintaining appropriate
protections and ensuring first responders have
access to all of the necessary safety information.
This rule also resolves important security concerns.
EPA's final RMP reconsideration rule maintains
important public safety measures. Under this final
rule, no less safety information will be available to
first responders and state and federal regulators
than was available under any previous version
of the RMP rule. It also directly addresses the
concerns of local emergency responders and other
federal agencies including the U.S. Small Business
Administration that were originally raised during the
rulemaking of the 2017 RMP Amendments.
The revisions in this rule, based on a careful
analysis of over a decade of data, are designed to
drive effective emergency planning and continue
to support the long-term trend of fewer significant
chemical accidents - a trend that has continued
since the original rule was finalized in 1996. The
rule reduces unnecessary and ineffective regulatory
burdens on facilities and emergency responders
(many of whom in rural areas are volunteers);
harmonizes with the Occupational Safety and
Health Administration's (OSHA) Process Safety
Management standard; and saves Americans
roughly $88 million a year.
Here's What People Had to Say
Louisiana Attorney General Jeff Landry: "The
Obama administration not only subjected
facilities to even more burdensome, duplicative,
and needless regulation; but it also made all of
us more vulnerable to security threats. Instead
of making facilities safer and more secure, the
Obama administration seemed intent on making
unnecessary and redundant regulation enacted
only for regulation's sake. Fortunately, President
Trump has taken action to protect both public safety
and jobs. President Trump's revisions account for
better coordination and communication which will
ultimately prevent accidents, save lives, and protect
property."
Texas Attorney General Ken Paxton: "I am grateful
to the EPA for making the changes necessary
to get the Risk Management Plan rule back in
line with public safety and a proper balance of
power between state and federal authorities.
These revisions to the Obama-administrations'
last-minute rule will make Texans safer, ease the
burden on state and local governments, and restore
some common sense to the regulatory process.
By listening to the state and local experts who
have pointed out the national security and public
safety risks of publishing sensitive information
about refineries, chemical plants, manufacturing
19
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facilities, and agricultural operations, the Trump
administration has shown its dedication to putting
the rule of law and the safety of Americans first."
Oklahoma Secretary of Energy and Environment
Ken Wagner: "Today's action in updating the RMP
Rule is critical to protecting the public and striking
a balance to require transparency while avoiding
providing a roadmap for those who would occasion
harm to the public. The State of
Oklahoma commends Administrator Wheeler for
listening to emergency responders and security
experts to create the balance required to best
protect the public while safeguarding emergency
responders and national security."
Calcasieu Parish Local Emergency Planning
Committee Chairman Mason G. Lindsay:
"(These changes) will help the Calcasieu Parish
LEPC coordinate with our stationary facilities in
our Parish... The change will help us to collect
emergency contacts, conduct drills, review plans
and incidents. We presently have an incident
review process for facilities that is voluntary. The
changes would encourage facilities to participate
in our review process."
Emergency Response & Natural Disasters
This year, EPA participated in and coordinated 95
emergency response removal actions that included
Hurricane Dorian and a 46-car train derailment
releasing 13,000 gallons of sulfuric acid in the
Canadian border tunnel.
[Definitions]
Emergency Response Removal Actions:
Responses performed at sites around the country
to eliminate or reduce threats to public health or
the environment from the release, or potential
release, or hazardous substances or pollutants
or contaminants that may pose an imminent and
substantia! danger to public health or welfare.
1. Historic Four-State Flood Response: In
March 2019, catastrophic and historic
flooding occurred across significant portions
of Nebraska, Iowa, Kansas, and Missouri.
In response, EPA Region 7 activated in all
four states for the first time since the 1993
floods. In total, Region 7 received 11 Mission
20
Assignments from the Federal Emergency
Management Agency (FEMA) over the course
of four months to identify and recover orphan
containers and hazardous materials that settled
on the interstates, highways, levees, and wildlife
management areas. This flood response work
resulted in the collection of more than 5,000
containers from over 1,100 river miles and
1,000 acres of wildlife management areas.
Over 75 percent of the collected materials were
diverted from landfills by reusing or recycling
the materials or returning them to owners. The
response team also completed 45 Superfund
National Priority List site assessments, 75
Facility Response Plan facility assessments, 76
RCRA Corrective Action facility assessments, and
617 Risk Management Plan facility assessments
in potentially flood impacted areas.
2. Comprehensive Hurricane Irma and Maria
Recovery Assistance in Puerto Rico and U.S.
Virgin Islands: EPA Region 2 Administrator
Pete Lopez and his team continue their
comprehensive engagement in advancing
recovery from 2017's Hurricanes Irma and
Maria, as well as tackling ongoing environmental
challenges in the Caribbean.
EPA Region 2 Administrator Lopez visits rnicrogrid
project in Puerto Rico.
Regional leadership and staff continue to work
with the Commonwealth, Territory; local and
federal partners to strengthen partnerships
formed during the emergency response.
As part of its continuing efforts to help the
Caribbean recover from the long-term impacts
from Hurricanes Irma and Maria, EPA awarded
$6.2 million to the Puerto Rico Department of
Natural and Environmental Resources (DNER)
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as the first installment of a $40 million grant
for hazardous and solid waste management
financial assistance.
3. Superbowl Llll Support: During Superbowl
Llll, Region 4 co-deployed EPA air monitoring
equipment with local government agencies and
the U.S. Department of Homeland Security at
the Mercedes Benz Stadium and associated
event locations in Atlanta, Georgia.
4. Tank Fire Partnership Response: In response
to a tank fire in March, EPA, Texas Commission
on Environmental Quality (TCEQ), and local
agencies joined the Intercontinental Terminals
Company in a unified command. EPA's
Airborne Spectral Photometric Environmental
Collection Technology mobile asset provided
support with daily chemical surveys and high-
resolution aerial photography of the facility
and oil collection efforts on Houston Bay. The
EPA Trace Atmosphere Gas Analyzer, a self-
contained mobile laboratory capable of real-
time sampling of outdoor air or emissions, also
provided continuous air monitoring of organic
compounds.
In June, EPA and FEMA announced an MOU that
streamlines coordination between FEMA and
the EPA-funded SRF programs so that funding to
restore vital water infrastructure can be provided as
quickly as possible in times of disaster. In disaster
situations where cash reserves are stretched
thin, the EPA-FEMA MOU provides a tribe or local
government access to a no-interest or low-interest
loan from its SRF to help pay for the immediate
restoration of vital drinking water and wastewater
infrastructure.
EPA also published an updated Planning for Natural
Disaster Debris Guidance to assist state, tribal, and
local governments in strengthening planning for
future incidents and in helping communities better
prepare for the waste management challenges
that exist immediately after a disaster occurs. It is
designed to help all communities create disaster
debris management plans, which EPA strongly
encourages, and includes the following guidance:
• Recommended components of a debris
management plan;
• Suggested management options for various
natural disaster debris streams;
• A collection of case studies that highlights how
several communities prepared for and managed
debris generated by recent natural disasters;
• Resources to consult in planning for natural
disasters; and
• EPA's recommended pre-incident planning
process to help prepare communities for
effective disaster debris management.
Waste
Coal Combustion Residuals
This past year, EPA issued two proposals to
revise specific provisions of the 2015 final coal
combustion residuals (CCR) rule. CCR is commonly
known as coal ash, fly ash, bottom ash, boiler slag,
and flue gas desulfurization materials generated
from coal-fired electricity utilities, in landfills and
impoundments. These proposals address matters
raised in litigation and implement court decisions,
legislation, petitions for reconsideration, and
rule implementation, and encourage appropriate
beneficial use. These proposals are a large part of
EPA's efforts to provide a clear and stable regulatory
framework for coal ash management and disposal.
EPA will be proposing additional revisions and the
regulations governing a federal permit program in
FY 2020.
One of the agency's proposals would amend
certain closure provisions in the regulations for
the disposal of coal ash. The second proposal
addresses issues associated with managing piles
of coal ash and encourages appropriate beneficial
use while providing protection for human health
and the environment. The proposed beneficial use
provisions are designed to deliver additional positive
environmental, economic, and product benefits.
Federal and State Coal Ash Permitting
Folllowingthe approval of the first-in-the-nation
state coal ash permitting program for Oklahoma
in 2018, EPA proposed a streamlined, efficient,
federal permitting program for the disposal of CCR
and approved the state of Georgia's permit program
for the management of CCR in landfills and surface
impoundments this year. This approval makes
Georgia the second state in the nation with an
approved coal ash permit program.
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The proposal sets up a federal permitting program
for coal ash units as required by the 2016 Water
Infrastructure Improvements for the Nation Act.
EPA has used the lessons learned from many
years of implementing other permitting programs
to design an efficient, federal CCR permitting
process. EPA would implement this permit program
directly in Indian Country, as it does other Resource
Conservation and Recovery Act programs, and at
coal ash facilities located in states without their
own approved coal ash permit program. Issuance
of a permit will provide increased clarity to owners
and operators of units about their obligations.
The permit process will also provide an additional
opportunity for public participation.
Aerosol Cans Final Rule
EPA finalized a streamlined system for managing
hazardous waste aerosol cans that is clear,
practical, and protective and promotes recycling.
EPA estimates this change will save at least $5.3
million annually in regulatory costs.
"This rule will benefit approximately 25,000
facilities across numerous industries such as the
retail, construction, and manufacturing sectors"
said EPA Administrator Andrew Wheeler. "The
simplified structure of the universal waste program
will help improve regulatory compliance, make
aerosol can collection more economical, and
facilitate the environmentally sound recycling of this
common waste stream."
This final rule will promote greater consistency for
the regulated community as several states already
include aerosol cans in their universal waste
programs. The final rule offers a more uniform,
nationwide handling system and furthers our
effective partnerships with states and tribes by
making it easier for states to add this waste stream
to their universal waste programs.
Hazardous Waste Pharmaceuticals Final Rule
EPA Administrator Andrew Wheeler signed a final
rule streamlining standards for managing hazardous
waste pharmaceuticals in the healthcare sector and
preventing pharmaceutical waste from entering the
nation's waterways. The final rule is expected to
result in up to $15 million in costs savings annually.
22
"These common-sense updates will help the
healthcare sector safely manage hazardous waste
pharmaceuticals and will reduce the amount of
pharmaceutical waste entering our waterways by
roughly 2,000 tons," said EPA Acting Administrator
Andrew Wheeler. "By streamlining the standards
for the healthcare sector, this final rule will protect
drinking water and generate up to $15 million
annually in cost savings."
The final rule offers streamlined standards for
handling pharmaceutical wastes to better fit
the operations of the healthcare sector while
maintaining protection of human health and the
environment. In addition, as part of this rule, EPA is
bolstering the protection of our nation's waterways
by prohibiting the "sewering" of hazardous waste
pharmaceuticals. This will make our drinking and
surface water safer and healthier by reducing
the amount of hazardous waste pharmaceuticals
entering our waterways by an estimated 1,600
- 2,300 tons annually. EPA has a long-standing
policy of strongly discouraging the flushing of
pharmaceuticals down the drain in any situation.
The rule provides flexibilities and benefits for
hospitals, pharmacies, and doctor's offices to
safely manage hazardous waste pharmaceuticals.
Also, under this final rule, FDA-approved over-the-
counter nicotine replacement therapies (i.e., gums,
patches, lozenges) will no longer be considered
hazardous waste when discarded, which will result
in significant cost savings and burden reduction
for the healthcare industry. Finally, the final rule
eliminates dual regulation for hazardous waste
pharmaceuticals that are also Drug Enforcement
Agency controlled substances, further easing
regulatory burden.
Sustainable Materials Management
U.S. EPA
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ID '& log
America Recycles
Recycling
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In honor of America Recycles Week in November,
EPA hosted the second annual America Recycles
Summit on America Recycles Day and the first-
ever Innovation Fair. The Innovation Fair featured
entrepreneurs from across the recycling system
showcasing their innovative products, services,
outreach, and technologies.
The Summit engaged executives and leaders from
across the recycling value chain to build on their
success over the last year and commit to continuing
to work together through implementation of a
national framework to advance recycling in the U.S.
I
Administrator Wheeler participates in the Recycling Summit
roundtable.
"On America Recycles Day, I am proud to
release the National Framework for Advancing
the U.S. Recycling System, which summarizes
our accomplishments over the past year and
recommends actions for 2020," said EPA
Administrator Andrew Wheeler. "Under the Trump
administration, EPA is working diligently to identify
market-based strategies and innovative ideas to
create a more sustainable recycling system in
America and across the globe. I look forward to
continuing our work with our partners to improve
infrastructure, develop secondary markets, and
more effectively communicate with the public
about addressing the entire lifecycle of recycled
materials."
"This is an issue that touches homes and
communities across the nation and at the same
time offers everyone the opportunity to be better
stewards of the environment," said Region 2
Administrator Pete Lopez. "Under the leadership
of Administrator Wheeler, EPA is seeking to help
provide an incredible opportunity for bringing a
broad cross section of groups and individuals
to have fruitful discussions about the complex
challenges of recycling and the development of real-
world, sustainable solutions."
Participants in the 2019 Summit represented a
broad range of U.S.-based organizations, including
manufacturers and brands; federal, state, tribal,
and local governments; non-profit organizations;
and industry trade associations.
Since the 2018 Summit, more than 100 additional
organizations have signed the pledge on EPA's
website, committing to leveraging their collective
expertise, strengths and resources to address U.S.
recycling challenges and opportunities. As of the
end of 2019,179 organizations in total have signed
the pledge.
Reducing Food Waste
This year, EPA and USDA worked with President
Trump to successfully designate April 2019 as
"Winning on Reducing Food Waste Month" to garner
national attention on the need to address food loss
and waste.
"Reducing food waste and redirecting excess food
to people, animals, or energy production provide
immediate benefits to public health and the
environment. I am proud to join President Trump
and my federal partners in recognizing April as
Winning on Reducing Food Waste Month," said EPA
Administrator Andrew Wheeler. "We are working
closely with our federal partners and stakeholders
across the nation to reduce the amount of food
going to landfills and maximize the value of our food
resources."
"USDA alone cannot end food waste, it will require
partners from across the supply chain working
together on innovative solutions and consumer
education. We need to feed our hungry world and
by reducing food waste, we can more wisely use the
resources we have. I am pleased President Trump
identified this issue as one of importance, and I look
forward to USDA's continued work with our agency
partners at EPA and FDA to change behavior in the
long term on food waste," said U.S. Secretary of
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Agriculture Sonny Perdue.
"With 1 in 6 people getting a foodborne illness
every year in the U.S. and up to 40 percent of food
left uneaten, it's understandable why food safety
and food waste are major societal concerns," said
FDA Deputy Commissioner Frank Yiannas. "The
FDA is working to strengthen its collaboration and
coordination with EPA and USDAto strategically
align our federal efforts between the two issues to
better educate Americans on how to reduce food
waste and how it can be done safely."
WINNING ON REDUCING
FOOD WASTE EVENT
April 9, 2019
C EDA USDA ra U.S. FOOD & DRUG
ADMINISTRATION
To celebrate, EPA, USDA, and FDA hosted an
event with state, local and community leaders
and stakeholders to discuss how government can
reduce food loss and waste during "Winning on
Reducing Food Waste Month." At the event, the
three agencies released the Winning on Reducing
Food Waste Federal Interagency Strategy, which
prioritizes six main areas for action in reducing food
loss and waste.
1. Enhance interagency coordination;
2. Increase consumer education and outreach
efforts;
3. Improve coordination and guidance on food loss
and waste measurement;
4. Clarify and communicate information on food
safety, food date labels, and food donations;
5. Collaborate with private industry to reduce food
loss and waste across the supply chain; and
6. Encourage food waste reduction by federal
agencies in their respective facilities.
Additionally, EPA, USDA, and FDA signed a formal
agreement with the non-government organization
ReFed outlining closer cooperation on reducing food
waste to achieve the U.S.'s national goal of reducing
food loss and waste by 50 percent by 2030. The
agencies and ReFED agreed to develop approaches
for measuring the success of food waste strategies,
advance data collection and measurement efforts,
and participate in the Further with Food: Center for
Food Loss and Waste, among other activities.
In August 2019, Administrator Wheeler recognized
the St. Louis Cardinals baseball club and the Urban
Chestnut Brewing Company for their efforts to
divert, donate, and compost food waste during an
on-field ceremony at St. Louis' Busch Stadium.
In October, EPA USDA, and FDA signed an MOU
with the Food Waste Reduction Alliance (FWRA)
to formalize industry education and outreach
efforts on reducing food loss and waste. The
founding members of FWRA include, the Grocery
Manufacturers Association, Food Marketing
Institute, and National Restaurant Association,
which represent three major sectors of the food
supply chain: food manufacturing, retail, and
restaurant and food service.
Administrator Wheeler also went on several food
waste related tours in New York City in October. He
toured FreshDirect's newest Bronx facility and then
participated in an onsite roundtable discussion on
NYC's food waste reduction efforts with leaders
from ReFED, City Harvest NYC, and PepsiCo.
Administrator Wheeler and EPA staff joined NGO
Rock and Wrap it Up! to hand out excess food
diverted from Yankee Stadium and Costco to local
Bronx residents in need at Woodycrest United
Methodist Church.
Leaking Underground Storage Tank (LUST)
Cleanups
EPA and its partners completed 8,358 LUST
cleanups, which was nearly a 3 percent increase
over FY18 totals. The increase marked the end
of a multi-year decline in the cleanups completed
since 2013. EPA placed a priority on working with
state and tribal partners to increase the number of
cleanups completed. As a result, several states have
effectively implemented dedicated efforts which
has not only boosted their cleanup activities but has
also resulted in more cleanups being completed
nationwide.
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CHEMICALS: Ensuring Chemical Safety
Continued Progress under the Frank R.
Lautenberg for the 21st Century Act
Over the past year, EPA continued implementation
of the 2016 Frank R. Lautenberg Chemical
Safety for the 21st Century Act (Lautenberg Act),
which amended the Toxic Substances Control Act
(TSCA). In addition to reviewing the chemicals
currently in commerce that many rely on daily, EPA
staff worked tirelessly to ensure that the most
modern and innovative chemicals get to market
quickly and safely, providing regulatory certainty
for manufacturers and confidence for American
consumers.
Ensuring Chemical Safety under Amended TSCA
On the third anniversary of amended TSCA, EPA is:
~ Evaluating the safety of existing chemicals using the best available science
~ Reviewing the safety of all new chemicals before they enter the market
~ Actively working to reduce animal testing
~ Strengthening the regulation of asbestos to close a dangerous loophole and
protect consumers
~ Increasing transparency about information on chemicals while protecting
verified confidential information
*>EPA #TSCAat3
• Updating the TSCA Chemical Substance
Inventory: In February, EPA released a major
update to the list of chemical substances that
are manufactured or processed (including
imports) in the U.S. For the first time, all the
listed chemical substances are designated as
"active" or "inactive" in U.S. commerce. This
gives EPA and the public an up-to-date picture
of the chemical substances in commerce, which
is important for transparency and the agency's
ongoing existing chemical review process.
The update in September included another
important transparency improvement for
stakeholders: the inclusion of unique identifier
(UID) information. The UID is a numerical
identifier assigned to a chemical substance
when EPA approves a confidential business
information (CBI) claim for specific chemical
identity. This provides the public with a way
to connect the specific chemical identity of
chemicals previously listed on the confidential
portion of the TSCA Inventory with other relevant
information in the agency's holdings.
• Conducting Peer Reviews of Existing Chemical
Risk Evaluations: In 2019, EPA continued its
work on the first ten chemicals selected for risk
evaluation under TSCA. During the year, EPA
held four peer review meetings to review the
draft risk evaluations of six of those chemicals.
EPA is going beyond what TSCA requires by
engaging the Scientific Advisory Committee
on Chemicals peer review process for each of
EPA's first ten risk evaluations. This increases
public transparency and involvement in the risk
evaluation process and the scientific credibility
of and public confidence in EPA's findings.
• Designating High Priority Chemicals for Risk
Evaluation: in March, EPA published a list of 40
chemicals to initiate a new process of prioritizing
and reviewing chemicals currently in commerce.
EPA has proposed that 20 of those chemicals
be designated as low priority for evaluation.
In December, EPA designated the remaining
20 of these chemicals as "high priority" for
risk evaluation: seven chlorinated solvents, six
phthalates, four flame retardants, formaldehyde,
a fragrance additive, and a polymer. In 2020,
EPA will begin a 3-year risk evaluation process to
determine whether each high-priority chemical,
under the conditions of use, presents an
unreasonable risk.
• Proposing PBT Rule: In June, EPA proposed
a rule to reduce exposure to four persistent,
bioaccumulative, and toxic chemicals (PBTs)
in order to protect human health and the
environment. The Lautenberg Act requires
EPA to take expedited action on specific PBT
chemicals to address risk and reduce exposures
to the extent practicable. EPA identified five PBT
chemicals for expedited action in 2016; for one
of those five chemicals, hexachiorobutadiene,
EPA evaluated the conditions of use and
proposed no action because the agency did not
identify any practicable ways of further reducing
25
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human or environmental exposure to the
chemical substance.
Chemical Safety Accomplishments
under Amended TSCA
At the third anniversary of amended TSCA, EPA has:
~ Enhanced transparency by providing stakeholders and the public with more information
on new chemicals undergoing review and how we conduct our reviews
~ Strengthened asbestos regulation to close a dangerous loophole and protect consumers
~ Selected 40 chemicals to begin the prioritization process
~ Banned consumer sales of methylene chloride paint removers
~ Published comprehensive list of chemicals being actively manufactured, processed,
and imported in the U.S. from 2009 to today
~ Reviewed more than 2,000 new chemicals cases for unreasonable risks
to health or the environment
~ Released first draft risk evaluation for a chemical under amended TSCA
~ Finalized four chemical safety framework rules
~ Developed strategy to reduce animal testing
~ Issued final rule on reporting mercury manufacturing and imports and used this
information to issue an initial inventory of mercury, supply, use, and trade in the U.S.
~ Expanded access to chemical information for state, tribal, and local governments,
and medical personnel and emergency responders
~ Established policies and procedures allowing EPA to share more chemical information
with the public while protecting verified confidential information
~ Released systematic review approach for public comment to guide
EPA's selection and review of scientific studies
~ Issued guidance to help stakeholders develop and submit draft risk evaluations to EPA
~ Selected first ten chemicals to undergo risk evaluation and issued documents
| describing uses to be included in the risk evaluations
~ Established and held first meeting of Science Advisory Committee on Chemicals
oEPA
Transparency Initiatives
EPA took a host of actions this year to carry out
the Administrator's commitment to increase
transparency and public access to critical
information about chemicals. Some highlights
include our work on:
• New Chemicals: In May, EPA rolled out the New
Chemical Case Tracker, so that new chemical
submitters and the public can learn from EPA's
website the status of the review of any new
chemical undergoing review. This tool also
provides aggregate statistics on new chemicals
submissions. EPA also made significant updates
to its ChemView database; beginning in May, all
new pre-manufacture notices and their non-
CBI attachments (including health and safety
studies) have been made available to the public
within 45 days of receipt.
26
Wondering where your
new chemicals case is in the
review process? Check out
our new progress tracker.
® ® &
• CBI: This year, EPA published and supplemented
a proposed rule establishing the plan for the
agency's review of manufacturer confidentiality
claims and procedures for companies to
substantiate those claims. This proposed rule
makes transparent how EPA will review CBI
claims to ensure that all claims are allowable
under the law. The final rule, encompassing
both proposals, will be finalized in early 2020.
EPA is also increasing the availability of
information for stakeholders about all ongoing
and completed TSCA CBI claim reviews, and in
July began publishing information that shows
EPA's progress in meeting the Lautenberg Act's
requirements around confidentiality claims.
Methylene Chloride Ban
In March, EPA Administrator Wheeler signed a
final rule to remove methylene chloride (MC) from
paint and coating removers in the retail consumer
marketplace, including e-commerce sales. After
November 22, paint removal products containing
MC may not be sold at or by any retail or distribution
establishments that have consumer sales. EPA is
now looking at 72 other MC uses to evaluate and
manage any risks associated with those uses.
"EPA's action keeps paint and coating removers
that contain the chemical methylene chloride out
of consumers' hands. It is against the law to sell or
distribute methylene chloride for paint and coating
removal in the retail marketplace — a step that
will provide important public health protections
for consumers," said EPA Administrator Andrew
Wheeler.
Asbestos Significant New Use Rule (SNUR)
In April, EPA issued a final rule safeguarding the
public against discontinued asbestos products. With
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this rule, EPA ensured that discontinued asbestos
products cannot be reintroduced into commerce
without EPA review and the opportunity to restrict
or prohibit use of the products. This is the first time
in thirty years that EPA took action on products that
contain asbestos under TSCA. This action is part
of a holistic approach that EPA is taking to use all
available tools under TSCA to protect the public from
asbestos exposure. Of particular note, the agency
is reviewing ongoing uses of asbestos as one of the
first ten chemicals selected for risk evaluation under
amended TSCA.
Administrator Wheeler's Letter to the Editor in
The New York Times: "Before our rule, asbestos
products that were no longer on the market could
come back without any agency review, without any
EPA restrictions, and without any opportunity for
the agency to prohibit that use. Our rule closed this
dangerous loophole."
Final Dust-Lead Hazard Standards Rule
Prioritizing Efforts to Reduce Animal and Avian
Testing
On September 10, 2019, Administrator Wheeler
announced a "Directive to Prioritize Efforts to
Reduce Animal Testing." In one of its first steps to
implement the September directive, EPA released
a draft science policy intended to reduce testing of
pesticides on birds when registering conventional
outdoor pesticides. Based on a study conducted
with PETA of data supporting pesticide registrations
since 1998, EPA concluded that for most pesticides
it can confidently assess acute risk for birds using
one protocol rather than two, thereby saving about
720 birds each year. As described below on pages
37-38, EPA also held a very successful first annual
conference on alternatives to animal testing.
Pesticide Actions
In this fiscal year, EPA registered 22 new active
ingredients, most of which were classified as
reduced-risk pesticides, and over 230 new uses
of existing pesticides. These registration decisions
provide additional tools to help growers meet their
pest management needs.
In June, EPA issued the Dust-Lead Hazard
Standards rule, which set tighter standards for lead
in dust on floors and window sills to protect children
from the harmful effects of lead exposure. The more
protective dust-lead hazard standards took effect
on Jan. 6, 2020, and applies to inspections, risk
assessments, and abatement activities in pre-1978
housing and certain schools and child care facilities
across the country. This important rule followed
through on commitments in the Federal Lead
Action Plan to take steps to reduce childhood lead
exposure and helps property owners, lead paint
professionals, and government agencies identify
lead hazards in residential paint, dust, and soil.
Assistant Administrator Dunn visits EPA Region 3 to learn
about sustainable agriculture practices at Harborview Farms
during Earth Week 2019.
EPA also published 85 draft human health or
ecological risk assessments, 76 proposed interim
decisions, and 79 final/interim decisions in the
re-evaluation of existing pesticides, including soil
fumigants and antibiotics to control citrus greening.
This work supports the agency's requirement under
the Federal insecticide, Fungicide, and Rodenticide
(FIFRA) section 3(g) to review each pesticide
27
HUD Secretary Carson
and EPA Administrator
Wheeler are partnering
to take a significant
step to protect
children's health from
lead dust exposure.
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every 15 years, ensuring that currently registered
pesticides continue to meet federal safety
standards and are available to growers.
In addition, EPA achieved several pesticides "firsts,"
including the following:
the first Working Group meeting included U.S.
Department of Agriculture Secretary Sonny Perdue,
U.S. Department of Commerce Secretary Wilbur L,
Ross, Jr., U.S. Department of the Interior Secretary
David Bernhardt, and White House Council on
Environmental Quality Chairman Mary B. Neumayr.
• Bacteriophage active against Xylella fastidiosa:
In April, EPA registered the new active ingredient
bacteriophage to fight Xylella fastidiosa. Also
known as Pierce's disease, the bacterium
threatens the livelihood of U.S. grape growers.
The product containing the bacteriophage will be
the first pesticide product available to U.S. grape
growers, including those growing organic grapes,
to directly control Pierce's disease.
• New Products to Fight Dangerous Fungal
Infections: EPA registered nine products this
year for use against the emerging fungal
pathogen Candida auris (C. auris), which the
CDC in November described as an urgent threat.
C. auris often causes serious and sometimes
fatal fungal infections, especially in hospitalized
patients. Because it can be resistant to
antifungal drugs, healthcare providers eagerly
anticipated availability of the products.
• First Rodenticide in 20 Years: EPA registered the
first new rodenticide in 20 years to control mice
inside homes and buildings. Alphachloralose
is designed to lower body temperature in mice,
eventually putting the mouse to sleep before it
dies. The rodenticide is safe to use in homes
and buildings because it is not harmful to
adults, children, and larger household pets.
Improving the Endangered Species Act Process
for Pesticides
EPA also took significant steps this year to improve
the Endangered Species Act (ESA) consultation
process for pesticide registration and registration
review activities. As part of this effort, EPA solicited
public comment on a draft method for conducting
biological evaluations of the effect of pesticides
on threatened or listed endangered species. EPA
also launched the new FIFRA-ESA Interagency
Working Group established by the 2018 Farm Bill
and convened the first Working Group meeting
in June 2019. Chaired by Administrator Wheeler,
28
"The Trump administration is committed to carrying
out the important responsibilities of the Endangered
Species Act to protect and promote the recovery
of species while recognizing that pesticides are a
critical tool for protecting public health, supporting
our farmers, and ensuring an abundant food
supply," said EPA Administrator Andrew Wheeler.
"The goal of our Working Group is a streamlined ESA
consultation process that is protective of species,
timely for pesticide registration review decisions,
and transparent to the public."
f
I M
Administrator Wheeler hosted Secretary Perdue, Secretary
Ross, Chairman Neumayr, and Secretary Bernhardt for a
discussion on improvingthe ESA consulation process for
pesticides.
Proposed Updates to Worker Protection Standard
In October, EPA proposed to clarify and simplify
the application exclusion zones for outdoor
production pesticide applications. The proposed
updates to EPA's Worker Protection Standard
would improve enforceability for state regulators
and reduce regulatory burdens for farmers. The
revision will maintain public health protections
for farm workers and other individuals near
agricultural establishments that could be exposed
to agricultural pesticide applications.
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ENFORCEMENT
In 2019, EPA continued to focus on impactful
actions that meaningfully increase compliance with
environmental laws. As a result of this, in FY 2019
EPA's enforcement and compliance assurance
actions resulted in:
• Voluntary disclosure and certified correction of
violations at over 1900 facilities in FY 2019, an
estimated 20 percent increase compared to FY
2018.
• Investment of over $4.4 billion in actions and
equipment that achieve compliance with the law
and control pollution, an increase of over $400
million from FY 2018.
• $471.8 million in combined Federal
administrative and judicial civil penalties and
criminal fines, the highest total of all but four of
the past ten years.
• Commitments to reduce, treat, or eliminate
347.2 million pounds of pollution (air, toxics, and
water), the highest value in the past four years.
• 7.56 million pounds of emissions prevented
from mobile sources, an increase of nearly 6.9
million pounds from FY 2018.
• 170 criminal cases opened, an increase from
128 in FY 2018, continuing to reverse the
downward trend that began after 2011.
• A total of 137 criminal defendants charged,
an increase from 107 in FY 2018, reversing a
downward trend that began after 2013.
• Commitments for $570.4 million on new site
cleanup work, $283 million in reimbursement
of EPA's costs, and more than $108 million
in oversight billed, totaling $961 million, an
increase of over $349 million from FY 2018.
• Cleanups and redevelopment at over 160 sites
through use ofSuperfund enforcement tools, an
increase of six sites from 2018.
Priorities
Looking ahead, EPA announced seven enforcement
and compliance assurance priority areas for fiscal
years 2020-2023. Those initiatives are:
• Creating Cleaner Air for Communities by
Reducing Excess Emissions of Harmful
Pollutants
• Stopping Aftermarket Defeat Devices for
Vehicles and Engines
• Reducing Hazardous Air Emissions from
Hazardous Waste Facilities
• Reducing Risks of Accidental Releases at
Industrial and Chemical Facilities
• Reducing Significant Non-Compliance with
National Pollutant Discharge Elimination System
(NPDES) Permits
• Reducing Non-Compliance with Drinking Water
Standards at Community Water Systems
These NCIs advance the agency's objectives to
improve air quality, provide for clean and safe water,
ensure chemical safety, and improve compliance
with our nation's environmental laws while
enhancing shared accountability between EPA and
states and tribes with authorized environmental
programs.
For the seventh priority area, OECA will contribute
to the agency's implementation of the Lead Action
Plan, which was issued by the President's Task
Force on Environmental Health Risks and Safety
Risks to Children in December 2018.
Partnership Policy
EPA aims to enhance its partnerships with state,
local, and tribal co-regulators by more effectively
carrying out our shared responsibilities under
environmental laws. The partnership policy,
signed July 11, 2019, sets out expectations and
procedures for enhancing effective partnerships
in civil enforcement and compliance assurance
work between EPA and states that are authorized,
delegated, or approved to implement federal
environmental programs.
"The policy reflects the dialogue we have had with
our state partners on enhancing our work together,"
said EPA Office of Enforcement and Compliance
Assurance Assistant Administrator Susan Bodine.
"The final policy clarifies roles and provides a
clear roadmap that EPA and our state partners
can use to more effectively achieve our shared
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goal of increasing compliance with environmental
regulations."
"The Environmental Council of the States (ECOS)
committed to this partnership with EPA to drive
improvements in effective and efficient enforcement
and compliance assurance outcomes. We look
forward to better realization of shared goals
for future environmental progress," said ECOS
President and Arkansas Department of Energy
and Environment Secretary Becky Keogh. "We
look forward to better realization of shared goals for
future environmental progress."
Self-Disclosed Violation Policies
In 2019, OECA continued to see an increase
of entities, including new owners, utilizing its
self-disclosed violation policies that encourage
regulated entities to voluntarily discover, disclose,
and correct violations of federal environmental laws
and regulations.
Specifically, in FY 2019, 635 entities with over 1900
facilitites voluntarily disclosed violations pursuant
to self-disclosure policies, expediting return to
compliance, an estimated 20 percent increase
compared to FY 2018.
EPA launched a self-audit incentive program
designed to encourage owners of upstream oil and
natural gas exploration and production facilities
to identify, correct, and disclose Clean Air Act
violations. EPA finalized those incentives for new
owners in March 2019 and extended them to
current owners in December 2019.
Superfund Enforcement
Fox River Superfund Site Settlement
• In March, a settlement concluded 20 years
of successful enforcement work to hold
responsible parties accountable and allow
for the removal and containment of much
of the PCB-contaminated sediment from the
Lower Fox River and Green Bay Superfund
site in Wisconsin by dredging and specially-
engineered caps. This settlement has greatly
reduced the risks to humans and wildlife posed
by PCB exposure and contaminated sediments
in the Lower Fox River and Green Bay. In the
settlement PH. Glatfelter Company will pay
30
$20.5 million to reimburse past EPA costs to
clean up PCBs in river sediment and natural
resources damages in addition to reimbursing
all future government costs of overseeing one of
the nation's largest Superfund cleanup projects
at Wisconsin's Lower Fox River and Green
Bay site. This settlement ends all Superfund
litigation at the site.
Koppers
• EPA helped leverage the resources of a
developer to implement a $30 million remedy
change supporting residential land use that
will help facilitate additional cleanup and
redevelopment, and spur redevelopment in the
area of the Koppers Co., Inc. (Charleston Plant)
Superfund site in South Carolina. In March,
EPA and DOJ finalized a prospective purchaser
agreement (PPA) with Highland Resources, Inc.
to implement the remedy change. The site has
sat idle after the bankruptcy of the previous
developers. Additionally, the cleanup work
associated with the PPA may lead to delisting
the majority of the site from the National
Priorities List.
Nuclear Metals Superfund Site Settlement
• In October, four parties responsible for
contamination at the Nuclear Metals Superfund
site in Concord, Massachusetts, agreed to
clean up the site at an estimated cost of
approximately $125 million. "This settlement
allows EPA to move forward on the much-needed
cleanup of contaminated groundwater, soil,
and sediment at this site," said EPA Office
of Enforcement and Compliance Assurance
Assistant Administrator Susan Bodine. "It's
a good example of EPA's cleanup enforcement
program bringing potentially responsible federal
and private parties together to achieve clean up
at contaminated sites."
Kalamazoo River Superfund Site Settlement
• In December, EPA announced a proposed
consent decree that would require NCR Corp.
to clean up and fund future response actions
at a significant portion of the Allied Paper Inc./
Portage Creek/Kalamazoo River Superfund
site, including expending approximately $135.7
million for cleanup work, and paying $76.5
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million to EPA for its past and future costs.
Civil and Criminal Cases
In FY 2019, EPA's civil enforcement cases increased
the investment by companies in actions and
equipment to control pollution thereby achieving
compliance with federal environmental laws
and increased the amount of annual penalties
assessed, which deter non-compliance. The agency
also continued to expand participation in its self-
audit programs. Significant accomplishments
include the following cases.
Fiat Chrysler Automobiles (FCA) Settlement
• In January, EPA, DOJ, and California announced
a settlement of allegations that FCA had
violated the Clean Air Act and California law. As
a result, FCA is paying penalties totaling $305
million and will spend up to $185 million for
vehicle recall and mitigation programs. The
recall will install updated vehicle software that
meets EPA and California emission standards
and the mitigation program will improve the
effectiveness of 200,000 aftermarket catalytic
converters sold for use on light-duty vehicles by
July 1, 2020.
• The settlement resolves claims relating to the
sale of over 100,000 EcoDiesel Ram 1500 and
Jeep Grand Cherokee vehicles (Model Years
2014-2016) equipped with software designed
to "cheat" inspection tests, resulting in higher
emissions when driven on the road.
NYC Hillview Reservoir Consent Decree
• In March, EPA and DOJ secured a consent
decree in the U.S. District Court for the Eastern
District of New York that requires the City of
New York and New York City Department of
Environmental Protection to address their
longstanding failure to cover the Hillview
Reservoir located in Yonkers, New York.
• Under the consent decree, New York will make
improvements and cover the Reservoir at an
estimated cost of $2,975 billion and pay a $1
million civil penalty.
• The NYC Hillview Reservoir is part of New York
City's public water system, which delivers up to a
billion gallons of water a day. Since the Reservoir
is an open storage facility, the treated water in
the Reservoir is subject to recontamination with
microbial pathogens from birds, animals, and
other sources, such as viruses, Giardia, and
Cryptosporidium.
Hyundai Construction Equipment Americas Inc.
• In September, Hyundai Construction Equipment
Americas Inc. (HCEA) and Hyundai Heavy
Industries Inc. Co. Ltd. agreed to pay a $47
million civil penalty to resolve allegations that
Hyundai sold heavy construction vehicles
with diesel engines that were not certified to
applicable emission standards. In November
2018, HCEA pleaded guilty to criminal violations
of the Clean Air Act relating to the same actions.
EPA's criminal enforcement program continued
to reverse the decline that began after 2011,
increasing the number of new criminal cases
opened, the number of defendants charged,
and the total amount of criminal fines assessed.
Significant criminal cases include the following:
IAV GmbH
• In May, IAV GmbH (IAV), a German company that
engineers and designs automotive systems, was
sentenced to pay a $35 million criminal penalty
in the U.S. District Court for the Eastern District
of Michigan.
• The penalty is the result of the company's guilty
plea for its role in the long-running scheme for
Volkswagen AG to sell approximately 335,000
diesel vehicles in the United States by using
a defeat device to cheat on mandated U.S.
emissions tests.
• IAV admitted that it and its co-conspirators
knew the vehicles did not meet U.S. emissions
standards and worked collaboratively to design,
test, and implement cheating software.
M/T Ocean Princess
• In August, the Greek companies that own the
Motor Tanker "Ocean Princess" and its senior
officers were convicted of criminal violations
of the Clean Air Act by using fuel in the U.S.
Emission Control Area that did not meet
applicable sulfur standards, and of falsifying
records to hide the violations.
• The prosecution resulted in a sentence of
$3,000,000 in criminal fines, four years of
probation for the companies, and three years of
probation for each of the ship officers involved.
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ENVIRONMENTAL JUSTICE
& OPPORTUNITY ZONES
In 2019, EPA provided grants, technical assistance,
tools, and training to help communities ensure
that new investment brings environmental and
public health benefits, in addition to economic
revitalization. EPA expanded its ongoing efforts
by prioritizing those communities located in
Opportunity Zones, a designation created through
the Tax Cuts and Jobs Act of 2017.
EPA Administrator Andrew Wheeler participated in
the first White House Opportunity and Revitalization
Council, which was created by Executive Order
13853, to better coordinate federal economic
development resources in Opportunity Zones and
other distressed communities. In 2019:
1. EPA provided $64.6 million to 151 communities
with Brownfields grants, which will provide
communities with funding to assess, clean
up, and redevelop underutilized properties.
108 of those communities - over 70 percent
- had identified sites or targeted areas
within Opportunity Zones. In June, Scott
Turner, Executive Director of the White House
Opportunity and Revitalization Council,
accompanied Administrator Andrew Wheeler to
Dauphin County, Penn., to announce the grant
award.
2. EPA provided 26 organizations with a total
of $5.1 million in grants for environmental
job training programs across the country, all
of which will serve communities located in
Opportunity Zones.
3. EPA awarded $1.5 million in grants to 50
organizations working to address environmental
justice challenges in their communities, with
more than half going to support communities
located in Opportunity Zones.
4. EPA provided technical assistance to over 30
communities to help revitalize their downtown
areas and increase access to locally grown food
through the Local Foods, Local Places program.
Over 70 percent of those communities are in
Opportunity Zones.
5. In October, EPA launched a new technical
assistance program (in collaboration with U.S.
Department of Agriculture - Forest Service and
Northern Border Regional Commission) to help
communities capitalize on recreation economy
assets as a driver to revitalize downtown areas
and improve environmental outcomes, in
support of Executive Order 13790 (Promoting
Agriculture and Rural Prosperity in America). Half
of the communities selected to receive support
are adjacent to or located in Opportunity Zones.
"Under the Trump administration, at EPA, we remain
committed to ensuring that environmental justice
is integrated into EPA's programs and activities
to strengthen environmental and public health
protections for low-income, minority, indigenous,
and disadvantaged communities that are more
likely to live near contaminated lands or be
disproportionately impacted by environmental
hazards," said EPA Administrator Andrew Wheeler.
EPA's Office of Environmental Justice (EJ)
continued to make progress toward improving
environmental and public health conditions for low-
income, minority, indigenous, and disadvantaged
communities that are more likely to live near
contaminated lands or be disproportionately
impacted by environmental hazards.
In March, EPA announced training to build the
capacity of states to integrate environmental justice
into their decision-making process. Over the year,
EPA conducted a national webinar series developed
32
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in collaboration with state partners.
"South Carolina is proud to serve as a collaborative
partner with the EPA as they unveil a new
environmental justice training initiative for states.
We are pleased the EPA is taking this important
step to increase understanding of tools and
resources that can be applied to address the needs
of environmental justice communities," said South
Carolina Department of Health and Environmental
Control Director of Environmental Affairs Myra
Reece.
The five national training webinars served as
an ongoing resource for state staff and others
interested in developing their environmental
justice knowledge and expertise. Topics included
identifying and prioritizing environmentally-impacted
and vulnerable communities, enhancing community
involvement in the regulatory process, using an
area-wide planning approach to promote equitable
development, and application of environmental
justice to state environmental impact assessments.
To complement the online trainings, EPA Regions
conducted training on environmental justice for
their respective states.
In November, EPA released the FY 2019 Annual
Environmental Justice Progress Report highlighting
agency efforts and accomplishments to assist
vulnerable and overburdened communities.
EPA ANNUAL ENVIRONMENTAL JUSTICE
PROGRESS REPORT FY 2019
hltps://ww«epagov/environrrenicljuMi
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INTERNATIONAL & TRIBAL
AFFAIRS
G7 & G20 Environment Ministers Meetings
EPA Administrator Andrew Wheeler represented
the United States at the G7 and G20 Environment
Ministers Meetings in Metz, France and Karuizawa,
Japan respectively. At these meetings discussion
included a wide range of international environment
topics such as marine litter, air quality, biodiversity,
and waste management. At the first-ever G20
Environment Ministers Meeting, countries adopted
the G20 implementation Framework for Actions on
Marine Plastic Litter and the G20 Action Agenda on
Adaption and Resilient Infrastructure.
Environment Ministers from each G7 country
pose for a photo together.
In France, Administrator Wheeler began by meeting
with Canadian Minister for the Environment and
Climate Change Catherine McKenna where they
focused on ways the U.S. and Canada can work
together on conservation and cleanup efforts for
the Great Lakes region. Administrator Wheeler
reached out to the new Minister Jonathan Wilkinson
to continue to highlight the importance of the
preservation of the Great Lakes and are looking for
ways to partner with private sector stakeholders to
ensure we keep our waters clean.
In addition to the general sessions at the G20,
Administrator Wheeler had productive meetings
34
with his counterparts on marine litter, waste
management, water infrastructure, and access
to clean drinking water. He met with ministers
from Japan, South Korea, Brazil, and Thailand,
and the Deputy Ministers from China, Saudi
Arabia, and Vietnam. Six Asian nations are the
largest contributors to marine litter. In the bilateral
meetings with Japan and South Korea, he discussed
working together to assist, other Asian nations with
reducing their contributions to marine debris.
"I want to thank Japanese Minister Yoshiaki Harada
for bringing together our international partners for
this historic, first-ever G20 environment ministers
meeting," said EPA Administrator Andrew
Wheeler. "The United States will continue to work
with our G20 members to combat marine litter,
improve water quality, and reduce air pollution while
promoting innovation and economic prosperity."
United States-Mexico-Canada Agreement
(USMCA)
Under the leadership of President Trump, we have
reached agreement on the USMCA. Under this
agreement, the U.S., Canada, and Mexico have
agreed to the most advanced, highest standard
environment chapter of any trade agreement to
date. As a key achievement of the negotiations, the
environment chapter includes first time provisions
to address pressing environmental issues such as
air quality and marine litter.
Israel
To advance the Memorandum of Understanding
on environmental cooperation between Israel
and the U.S., which was signed in October 2018,
EPA Administrator Andrew Wheeler led an EPA
delegation to Israel in November. While in Israel
the Administrator Andrew Wheeler and the Israeli
Minister of Environmental Protection Ze'ev Elkin
announced their commitment to enhanced work in
two areas:
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1. Contaminated Sites Cleanup: EPA has
been working with the Israeli Ministry of
Environmental Protection to find technical
approaches, including those using new and
innovative technologies, and including a Study
Tour to the U.S. in October 2019 to address the
cleanup and redevelopment of contaminated
former military sites.
2. Water Reuse Collaboration: EPA recently
released a Water Reuse Action Plan and held
a joint panel on Water Reuse with Israel at
the Water Environment Foundation Technical
Exhibition and Conference in September 2019.
Israel recycles more than 85 percent of its
water. EPA hopes to learn much from Israel's
best practices and approaches to help meet
water scarcity challenges.
Administrator Wheeler meets with U.S. Ambassador to Israel
David Friedman at the U.S. Embassy in Jerusalem.
Preventing Marine Litter in Panama
EPA signed a new interagency agreement with U.S.
Department of State that supports the agency's
solid waste management capacity building work and
provides continuity to the marine litter program in
Panama - Trash Free Waters - initiated in 2018.
In 2020, EPA will conduct a facilitated national
dialogue on solid waste and marine litter nexus and
how stakeholders could collaborate to ensure that
initiatives on both areas are better coordinated and
complementary of each other.
Reenergized Tribal Engagement
Administrator Wheeler co-chaired the National Tribal
Operations Committee (NTOC) with Gerald Wagner,
Acting Chair of the National Tribal Caucus in April,
marking the 25th anniversary of the NTOC, and
an important milestone for high-level discussions
between EPA leadership and tribal representatives
from across the country. Discussions during the
meeting included WOTUS, tribal considerations
for state-delegated programs, lead management
in Indian Country, and EPA's efforts to improve
environmental program processes.
At the NTOC, Administrator Wheeler re-affirmed
EPA's Policy for the Administration of Environmental
Programs on Indian Reservations (1984), which
is a tradition that all EPA administrators have
continued since the original policy was enacted as
the cornerstone for EPA's tribal program. This policy
identifies opportunities for engaging and consulting
with tribes.
"For 25 years, the NTOC has played a critical
role in advancing EPA's partnership with tribes
to strengthen public health and environmental
protections in Indian Country," said EPA
Administrator Andrew Wheeler. "Today, I was
honored to reaffirm that the 1984 Indian Policy
is, and will remain, the foundation of EPA's tribal
program."
EPA consults with tribes on a wide-range of
activities including: rules, permits, policies, and
other decisions that may affect tribal interests. And
this year - in July specifically - EPA completed its
500th tribal consultation under the EPA Policy on
Consultation and Coordination with Indian Tribes.
In August, EPA welcomed W. Scott Mason IV, a
proud citizen of the Cherokee Nation and fifth
generation western Oklahoman, as the new director
for the American Indian Environmental Office. Scott
participated in this year's 9th annual Tribal Lands
and Environment Forum, and has met with tribal
leaders at six Regional Tribal Operations Committee
meetings, in addition to several tribal visits.
This year EPA took a different approach with the
Multipurpose Grant Program. This new approach
resulted in over $3 million made available to tribes
and consultation conducted by the American Indian
Environmental Office which expanded the number
of eligible tribes and the availability of new grant
guidance.
35
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RESEARCH & DEVELOPMENT
The primary focus of EPA's Office of Research
and Development (ORD) is to provide the strong
scientific and technical foundation the agency
relies on to fulfill its statutory obligations and help
agency, state, and other customers address their
most pressing environmental and related public
health challenges. ORD's work is organized into
six research programs (Air and Energy, Chemical
Safety for Sustainability, Homeland Security, Health
and Environmental Risk Assessment, Safe and
Sustainable Water Resources, and Sustainable and
Healthy Communities) that identify environmental
health research priorities based on input from
agency programs and regions, states, and tribes.
Each ORD National Research Program is guided by a
Strategic Research Action Plan (StRAP), a blueprint
to structure and coordinate research activities. To
develop each StRAP, ORD leaders and staff engage
agency program offices as well as state and tribal
customers in open communications to identify the
environmental and public health challenges they
face. Then, StRAP-development-teams carefully
align research and technical activities to ensure
ORD delivers the specific research products,
models, tools, and other outputs required to meet
those challenges. In 2019, ORD completed the
StRAP development process for FY19 - FY22.
Integrated Science Assessments
EPA is committed to developing scientifically
robust Integrated Science Assessments in a timely,
efficient, and transparent manner.
• Announced on October 23, 2018, the draft
Integrated Science Assessment (ISA) for
Particulate Matter (PM) document is a concise
synthesis and evaluation of the most policy-
relevant science, and has been prepared as part
of the review of the primary (health-based) and
secondary (welfare-based) National Ambient
Air Quality Standards (NAAQS) for PM under
the Clean Air Act. When final, the PM ISA, in
conjunction with additional technical and
policy assessments, will provide the basis for
36
EPA's decision on whether the current primary
and secondary air quality standards for PM
sufficiently protect public health and welfare.
• Announced on September 29, 2019, the draft
Integrated Science Assessment for Ozone and
Related Photochemical Oxidants document is
a concise synthesis and evaluation of the most
policy-relevant science, and has been prepared
as part of the review of the primary (health-
based) and secondary (welfare-based) NAAQS
for Ozone under the Clean Air Act. When final,
the Ozone ISA, in conjunction with additional
technical and policy assessments, will provide
the basis for EPA's decision on whether the
current primary and secondary air quality
standards for Ozone sufficiently protect public
health and welfare.
(Q) Spotlight: Integrated Risk
0"^ Information System (IRIS)
EPA's IRIS Program supports EPA's mission by
identifying and characterizing the health hazards of
chemicals found in the environment.
• In November 2019, EPA released the draft
document Systematic Review Protocol for the
PFAS (PFBA, PFHxA, PFHxS, PFNA, and PFDA)
IRIS Assessments for public comment.
• In October 2019, EPA released the draft IRIS
Assessment Plan (IAP) for Inorganic Mercury
Salts for public comment.
• In May 2019, EPA released the document
Updated Problem Formulation and Systematic
Review Protocol for the Inorganic Arsenic IRIS
Assessment for public comment.
• In April 2019, EPA released the draft IRIS
Assessment Plan (IAP) for Methylmercury for
public comment.
• In March 2019, EPA released the draft
document Systematic Review Protocol for
the Hexavalent Chromium IRIS Assessment
(Preliminary Assessment Materials) for public
comment.
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Animal Testing Alternatives
In September, EPA Administrator Andrew Wheeler
signed a directive to prioritize EPA efforts to reduce
animal testing including reducing mammal study
requests and funding by 30 percent by 2025 and
eliminating them by 2035.
Administrator Wheeler signs memo to reduce animal testing
alongside representatives from PETA, the Humane Society
Legislative Fund, White Coat Waste Project, and Physicians
Committee for Responsible Medicine.
"The challenges that we face will not have easy
solutions. But I'm optimistic we have the power, the
talent and insight and the creativity to determine
the best use of New Approach Methods (NAMs) for
chemical safety testing," said EPA Administrator
Andrew Wheeler. "We can and will eliminate
animal testing and we will do so while maintaining
the rigorous scientific standards to protect human
health and the environment that EPA has been
known for the last 49 years. This is the beginning of
EPA for the next 50 years."
"White Coat Waste Project and its over 2 million
supporters applaud Administrator Wheeler and
the Environmental Protection Agency (EPA) for
unveiling the most comprehensive and aggressive
plan in U.S. history to cut wasteful animal testing,
a move supported by a supermajority of Americans
from all parties," said Anthony Bellotti, president
and founder of 2-million-member taxpayer
watchdog White Coat Waste Project. "The Trump
administration has shown outstanding leadership to
curb unnecessary taxpayer-funded animal tests and
this development at the EPA is another remarkable
win for animals, taxpayers, industry and the
environment."
"Under Administrator Wheeler's leadership, EPA
continues to forge a pathway to end decades of
reliance on conventional animal tests as predictors
of risk to humans and our environment. By setting
bold goals for EPA-related testing, the agency
can help drive science forward - creating a more
humane and predictive paradigm for chemical
safety assessments," said Sara Amundson,
president of the Humane Society Legislative Fund.
"We ask the Congress, the regulated industry and
other key stakeholders to join together in support of
this key initiative."
"PETA is celebrating the EPA's decision to protect
animals certainly - but also humans and the
environment - by switching from cruel and
scientifically flawed animal tests in favor of modern,
non-animal testing methods," said Dr. Amy
Clippinger, director of PETA's Regulatory Testing
Department. "PETA will be helping regulatory
agencies and companies switch to efficient and
effective, non-animal testing approaches and
working toward a day when all animal tests are only
found in history books."
"Physicians Committee members have supported
the replacement of toxicity tests on animals for
many years," said Kristie Sullivan, MPH, vice
president for research policy at Physicians
Committee for Responsible Medicine. "We have
been pleased to see the progress EPA has made to
adopt newer and better test methods, and we are
excited to witness the agency making a commitment
to move more fully towards nonanimal tests that will
better protect human health and the environment."
At the same time, Administrator Wheeler announced
$4.25 million in funding to five universities to
research the development and use of alternative
test methods and strategies that reduce, refine,
and/or replace vertebrate animal testing. ORD
and OCSPP are the lead offices in charge of
implementing the Administrator's Directive as the
agency focuses on alternatives for toxicity testing of
pesticides and other chemicals.
In December, EPA hosted its first annual conference
on the State of the Science on Development and
Use of NAMs for Chemical Safety Testing. The
purpose of this one-day conference, which attracted
37
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more than 600 participants from around the world,
was to exchange information about advances in the
NAMs field, including ways to develop confidence in
NAMs and characterize uncertainties. This event,
which will take place annually, is a major step in
implementing the vision Administrator Wheeler
outlined for EPA to aggressively pursue reductions in
animal testing.
Administrator Wheeler emphasized the importance
of developing new technologies, methodologies, and
approaches to achieve two important and entirely
compatible goals: providing information on chemical
hazard and potential human exposure while
avoiding or significantly reducing the use of testing
on animals.
"This is a matter of sincere importance to me," said
EPA Administrator Andrew Wheeler. "Scientific
advancements exist today that allow us to better
predict potential risks without the use of traditional
methods that rely on animal testing. With NAMs,
we are able to evaluate more chemicals across
a broader range of potential biological effects, in
a shorter time frame with fewer resources, while
striving for equal or greater results."
Over the past several years, EPA has made
significant progress toward reducing, replacing, and
refining animal testing requirements. EPA's efforts
to date have saved more than 200,000 laboratory
animals and reduced costs to the pesticide industry
by more than $300 million while maintaining public
confidence in EPA's scientific conclusions. EPA's use
of mammals in internal research has decreased by
50 percent over the past three years.
Wildfire Smoke Guidance
EPA ORD has worked hand-in-hand with states
and tribes to provide evidence-based information
to protect human health from exposure to wildfire
smoke. Under our Memorandum of Agreement with
ECOS and the Association of State and Territorial
Health Officials, ORD worked with partners
(including the U.S. Forest Service, U.S. Centers
for Disease Control and Prevention, and State of
California) to update the Wildfire Smoke: A Guide for
Public Health Officials in August 2019. The Guide
provides public health officials with the information
they need to prepare for smoke events and, when
38
wildfire smoke is present, to communicate health
risks and take measures to protect public health.
CyAN Mobile App
The EPA Cyanobacteria Assessment Network (CyAN)
mobile application identifies harmful algal blooms
in more than 2,000 U.S. lakes and reservoirs.
In partnership with the National Aeronautics
Space Administration, the National Oceanic and
Atmospheric Administration, and the U.S. Geological
Survey, EPA has been working to develop this
early warning system using historical and current
satellite data to help lake managers, water quality
managers, and people swimming, fishing, or
boating in lakes more quickly identify when there
may be a bloom forming and avoid any potential
health impacts to people, pets, livestock, or the
environment. In this easy to use, customizable
interface, users can rapidly distill critical water
quality information for their communities.
*»ERH
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Challenges that were launched or completed in
2019 include:
1. See a Bloom, Give It Room High School Video
Challenge: High school students from states
and tribes located in Region 7 and 8 have been
challenged to create videos that promote public
awareness of harmful algal blooms through
creative filmmaking. Awareness prevents
unnecessary human and animal exposures to
potentially toxic algal blooms and encourages
actions to minimize or prevent future blooms.
In addition to cash prizes, winning videos will
be posted on the EPA webpage and announced
in February 2020, during the EPA Harmful Algal
Blooms Workshop in Kansas.
Nutrient Sensor Challenge Winning Teams
• "Direct Data for Farm Nutrient Management"
by the League of Women Voters of Illinois (Jo
Daviess County, III.): The team demonstrated
how an edge-of-field sensor system could
support farmers in reducing nitrogen loss
from their fields. The installed sensors provide
real-time nitrate data to inform management
decisions at the farm-scale.
• "In-Plant Sensors for Nutrient Management"
by the South Platte Water Renewal Partners
(Englewood, Colo.): This facility is using sensor
data to optimize wastewater treatment to meet
more stringent nitrogen standards and improve
watershed health.
• "Impact of Dam Removals on Nitrate Retention"
by the University of New Hampshire (Durham,
N.H.): The team deployed low-cost sensors to
assess amount and timing of nitrate loading
associated with dams.
"SEE A BLOOM, GIVE IT ROOM"
HARMFUL V MM J T- W*
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CHALLENGED
2. Advanced Septic System Nitrogen Sensor
Challenge: With extensive state and local
partner participation, the challenge incentivizes
innovation, cost reductions and a sustainable
market for low-cost sensors capable of
monitoring nitrogen concentration in home
wastewater treatment systems (septic systems).
3. Nutrient Sensor Action Challenge: In August
2019, three winning teams demonstrated how
data from low-cost water quality monitoring
sensors can be used to inform local-scale
nutrient management decisions.
4. Campus Rainworks Challenge; This annual
challenge recognizes university students
that create innovative designs for green
infrastructure projects on campus. On April
23, 2019, EPA announced the winners and
honorable mentions for the challenge:
First Place:
Master Plan Category: University of Louisiana at
Lafayette
Demonstration Project Category: University of
Oregon
Second Place:
Master Plan Category: Florida International
University
Demonstration Project Category: University of
Arizona
Additional challenges to help address agency
priorities are under development. New challenges
include efforts to address enhanced efficiency
fertilizers, food waste, risk communication, and
ocean plastics.
39
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PFAS
Aggressively addressing PFAS is an active and
ongoing priority for the agency. PFAS are a large
group of man-made chemicals used in consumer
products and industrial processes. In use since
the 1940s, PFAS are resistant to heat, oils, stains,
grease, and water — properties which can contribute
to their persistence in the environment.
In February, the agency released the PFAS
Action Plan. It is the first multi-media, multi-
program, national research, management, and
risk communication plan to address an emerging
contaminant of concern like PFAS. The plan
responds to the extensive public input the agency
received during the PFAS National Leadership
Summit, community engagement events, and
through the public docket. The PFAS Action Plan
outlines the tools EPA is developing to assist states,
tribes, and communities in addressing PFAS.
"For the first time in agency history, we utilized
all of our program offices to construct an all-
encompassing plan to help states and local
communities address PFAS and protect our nation's
drinking water," said EPA Administrator Andrew
Wheeler.
S-EPA ™
EPA's Per- and Polyfluoroalkyl
Substances (PFAS) Action Plan
The Action Plan describes long- and short-term
actions under the following areas: drinking water,
40
clean up, enforcement, monitoring, research, and
risk communication.
Together, these efforts will help EPA and its partners
identify and better understand PFAS contaminants,
clean up current PFAS contamination, prevent
future contamination, and effectively communicate
risk with the public. To implement the PFAS Action
Plan, EPA will continue to work in close coordination
with multiple entities, including other federal
agencies, states, tribes, local governments, water
utilities, industry, and the public. Here are some
highlights:
Drinking Water
• In the Summer, EPA initiated stakeholder
engagement in preparation for the 2020
proposal of nationwide drinking water
monitoring for certain PFAS chemicals under the
next Unregulated Contaminant Monitoring Rule
monitoring cycle.
• In December, EPA sent the proposed regulatory
determination under the Safe Drinking Water Act
for PFOA and PFOS in drinking water to the Office
of Management and Budget for interagency
review. The action will provide proposed
determinations for at least five contaminants
listed on the fourth Contaminant Candidate List,
including PFOA and PFOS, in compliance with
Safe Drinking Water Act requirements. Once
interagency review is complete, the proposal
will be issued for public comment. The agency
is also gathering and evaluating information to
determine if regulation is appropriate for other
chemicals in the PFAS family.
• Also in December, EPA validated a new test
method to identify additional PFAS compounds
in drinking water. To date, EPA has established
validated testing methods to identify 29 PFAS
compounds in drinking water and provided this
information to states and local public health
agencies.
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Cleanup
• EPA is currently providing cleanup assistance
to more than 30 states and the District of
Columbia to address PFAS contamination,
• In addition to ongoing cleanup assistance, EPA
issued Interim Recommendations for Addressing
Groundwater Contaminated with PFOA and PFOS
under federal cleanup programs in December,
This guidance helps states, tribes, and other
federal partners by setting a "preliminary
remediation goal" of 70 ppt for PFOA and
PFOS when those substances are found in
groundwater that is a current or potential source
of drinking water at certain sites.
"Today, we are delivering on one of our most
important commitments under the PFAS Action
Plan," said EPA Administrator Andrew Wheeler.
"The interim recommendations will provide clear
and consistent guidance for federal cleanup
programs and will help protect drinking water
resources in communities across the country.
This is a critical tool for our state, tribal, and
local partners to use to protect public health and
address these chemicals,"
• EPA has also initiated the regulatory
development process for listing certain PFAS as
hazardous substances and expects to issue a
Notice of Proposed Rulemaking in the coming
months.
Developing Health and Toxicological Information
about PFAS
• In the new year, EPA expects to finalize two
toxicity assessments (GenX and PFBS), and
release five draft toxicity assessments for public
comment (PFDA, PFBA, PFHxA, PFNA, and
PFHxS).
Building an Accurate Inventory of PFAS
Contamination and Uses in Commerce
• In November, EPA also released an Advanced
Notice of Proposed Rulemaking to add PFAS to
the Toxics Release Inventory (TR1), which would
ensure that industrial and federal facilities
report information about PFAS releases publicly,
"I started at the agency as a career employee
in the TR1 program and exploring the addition
of certain PFAS chemicals to the TRI is an
important step that can enhance this tool and
provide important information to the public on
these chemicals for the first time," said EPA
Administrator Andrew Wheeler.
• Many large industrial users of PFAS have moved
away from PFOA and PFOS, but may be using
newer PFAS chemicals. To address this, EPA
developed a proposed Significant New Use Rule
(SNUR) for long-chain PFAS chemicals, which
EPA expects to release for public comment
in early 2020. A SNUR would ensure EPA is
notified before any new manufacture, use, or
importation of long-chain PFAS chemicals occurs
in the U.S.
Research, Grants & Awards
EPA published an efficacy study of home point
of-use drinking water treatment for PFAS, and
developed new targeted and non-targeted air
sampling methods in support of multiple stack
emission/deposition requests from states.
In May, EPA awarded approximately $3.9 million
through two grants for research that improves
understanding of human and ecological exposure
to PFAS in the environment. The research will also
promote a greater awareness of how to restore
water quality in PFAS-impacted communities.
• Colorado School of Mines, Golden, Colorado will
research the fate, transport, bioaccumulation,
and exposure of a diverse suite of PFAS in
nationally representative PFAS impacted
communities.
• Oregon State University, Corvallis, Oregon will
study the toxicity of a large collection of PFAS
and PFAS mixtures with the zebrafish assay and
mice studies to identify toxic PFAS that require
prioritization for risk management.
In September, EPA also awarded nearly $6 million
to eight recipients to fund research to expand the
understanding of the environmental risks posed
by PFAS in waste streams and identify practical
approaches to manage the potential impacts as
PFAS enters the environment.
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• New York State Department of Health -
Health Research Inc., Menands, N.Y. - to
build a dataset by analyzing samples from
approximately 150 landfills in the State of New
York. This data will be used to understand the
types and concentrations of PFAS that are found
in and around landfills, as well as the key landfill
attributes that contribute to the release of PFAS.
• North Carolina State University, Raleigh, N.C. -
to collect landfill gas (LFG) samples from over
400 landfills across the U.S. to determine if
PFAS from LFG is a significant source of PFAS
released into the atmosphere.
• University of Florida, Gainsville, Fla. - to study
the role of waste type, management strategies,
and treatment methods on the occurrence,
source and fate of PFAS in landfills. The study
will identify the sources of PFAS compounds
in the current domestic waste stream using
laboratory-scale batch leaching and landfill
simulation studies.
• Clemson University, Clemson, S.C. - to examine
the chemical process for the destruction of PFAS
in leachate and groundwater. This project will
assess degradation kinetics, test hypothesized
process modifications, and conduct trials of
leachate treatment.
• Purdue University, West Lafayette, Ind.
- to develop methods to decrease PFAS
concentrations in both municipal wastewater
treatment plant effluent and sludge. The study
will determine the technical and economic
feasibility of using a treatment approach
consisting of nanofiltration followed by
electrochemical oxidation.
• Texas A&M AgriLife Research, College Station,
Texas - to investigate the feasibility of electron
beam technology for the destruction of
PFAS compounds during the remediation of
groundwater, wastewater, sewage sludges, and
soils.
• Texas Tech University, Lubbock, Texas - to
identify and quantify the occurrence of PFAS in
landfill leachate, investigate the fate of PFAS
passing through typical landfill liner systems,
and test the ability to break down PFAS in landfill
leachate using soundwaves.
• University of North Dakota, Grand Forks, N.D.
- to develop practical strategies for removing
legacy and emerging PFAS from leachate
and groundwater by studying the adsorption,
desorption, and biodegradation of PFAS and
precursor compounds in landfills.
In November, EPA announced the availability of
nearly $5 million for new research on PFAS in
agriculture. In a February 2019 memorandum,
EPA Administrator Andrew Wheeler called for the
agency to prioritize new federal research that will
help farmers, ranchers, and rural communities by
generating new scientifically-driven information
on PFAS, potential PFAS impacts in agricultural
settings, and actions people can take to address
PFAS in their communities.
• "While our scientific understanding of PFAS
continues to develop, the people of New Mexico,
especially farmers and ranchers, already know
how it can affect the water resources that
are so critical to the state's environmental
and economic wellbeing," said EPA Region
Administrator 6 Ken McQueen. "With this
funding, EPA is committing to finding solutions to
the challenges PFAS presents and bringing relief
to rural communities."
• "EPA is uniquely suited to lead and promote
research on this important topic and USDA
applauds EPA's focus on farmers, ranchers,
and rural communities. EPA's funding of this
research complements the work USDA does
supporting U.S. production agriculture and
ensuring a safe food supply," said USDA Deputy
Under Secretary for Research, Education, and
Economics Dr. Scott Hutchins.
• "NASDA appreciates the EPA's efforts to
prioritize PFAS research that will help the
agricultural community. As the primary stewards
for the agricultural industries in their states,
NASDA members will continue to work closely
with the EPA as the agency implements its PFAS
Action Plan. Together, we can ensure healthy
communities and farms across America," said
National Association of State Departments of
Agriculture (NASDA) CEO Dr. Barbara P. Glenn.
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LEAD
EPA is committed to reducing lead exposures from
multiple sources including lead-based paint,
water, soil contamination and ambient air,
identifying lead-exposed children and communities
faster, communicating more effectively with
stakeholders and supporting and conducting clinical
research to reduce lead exposures and related
health risks.
"Through the President's Task Force on
Environmental Health Risks and Safety Risks to
Children, EPA is leading efforts to reduce childhood
lead exposure in the United States," said EPA
Administrator Andrew Wheeler. "In addition to
delivering on our Federal Lead Action Plan goals,
EPA recently proposed the first major update in
over two decades to the Lead and Copper Rule.
I am proud of the progress we have made under
the Trump administration to protect the health and
future of our nation's children."
As we approached the one-year milestone of the
release of the December 2018 Federal Action
Plan to Reduce Childhood Lead Exposures and
Associated Health Impacts, EPA released a
summative implementation report, Progress Report
on the Federal Action Plan to Reduce Childhood
Lead Exposures and Associated Health Impacts,
during Children's Health Month in October 2019.
The report highlighted EPA-specific goals, objectives
and actions including:
Goal 1: Reduce Children's Exposure to Lead
Sources
• Lead-Based Paint Hazards
e As a part of EPA's efforts to reduce childhood
lead exposure, EPA finalized a revision to the
Dust-Lead Hazard Standards (DLHS) in July
2019. These standards strengthen the dust
lead hazard standards for floors and window
sills. Standards apply to most pre-1978
housing and child-occupied facilities, such as
daycare centers and schools. The final rule
revised the DLHS from 40 pg/ft2 and 250 pg/
ft2 to 10 pg/ft2 and 100 pg/ft2 on floors and
window sills, respectively.
• EPA continued to provide annual funding
to authorized states and tribal programs
that administer training and certification
programs for lead professionals and
renovation contractors. Examples of activities
include: outreach, education, oversight, and
processing accreditation applications.
• Drinking Water
• Partnering with HUD to aid with the potential
cost associated with lead service line
replacement by supporting states and cities to
fully utilize the suite of funding and financing
options provided by the federal government.
These options include EPA's Drinking Water
State Revolving Fund, the Water Infrastructure
Improvements for the Nation (WIIN) Act grant
programs and WiFIA financing programs as
well as HUD's Community Development Block
Grants.
• Updated existing MOU. Reducing Lead Levels
in Drinking Water in Schools and Child Care
Facilities. The updated MOU includes current
and new partners aimed to provide a more
meaningful coordinated approach to help
schools and child care programs which will
be done in conjunction with the revised 3Ts
toolkit and the newly announced Lead Testing
in Schools and Child Care Programs Drinking
Water grant authorized by the WIIN Act.
FEDERAL
ACTION PLAN
To Reduce Childhood
Lead Exposures and
Associated Health Impacts
43
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• Soil
• Conducted research to improve the agency's
understanding of the degree to which
Superfund cleanups may lower blood lead
levels at a wider range of lead contaminated
sites.
• Ambient Air
• Eleven of the 22 initial areas designated
nonattainmentforthe 2008 Lead NAAQS are
attaining. For the majority of the remaining
nonattainment areas, lead emissions and
monitored concentrations are declining due
to implemented control measures and all
nonattainment areas have fulfilled air quality
implementation plan requirements.
Goal 2: Identify Lead-Exposed Children and Improve
their Health Outcomes
• EPA's federal partners lead the actions under
Goal 2. These actions focused on improving
the identification of children exposed to lead
through surveillance of blood lead level data
and improving access to services and support
designed to improve children's physical,
developmental, and mental health.
Goal 3: Communicate More Effectively with
Stakeholders
• Published quarterly implementation status
reports on EPA actions under the Federal Lead
Action Plan.
• Developed outreach materials related to
reducing lead exposures as part of EPA's
celebration of Children's Health Month and Lead
Poisoning Prevention Week.
• During FY19 EPA provided $1,128,425 to
support the Pediatric Environmental Health
Specialty Unit (PEHSU) network. PEHSUs are a
20-year-old network of experts uniquely qualified
to train health care providers on the prevention,
diagnosis, management and treatment of lead
exposure in children. There are 11 units around
the country, several of which were originally lead
clinics.
• EPA collaborated with over 200 tribal
representatives and partners to develop and
evaluate a new educational curriculum for tribes:
Lead Awareness in Indian Country: Keeping
our Children Healthy! The evaluation process
44
reviewed the feasibility, understanding, and
design of the curriculum to ensure the product
best serves tribes. The purpose of the education
material is to raise awareness about childhood
lead exposures; potential impacts on children's
health and cultural practices; and encourage
actions that can be taken to reduce and/or
prevent lead exposures.
Goal 4: Support and Conduct Critical Research
to Inform Efforts to Reduce Lead Exposures and
Related Health Risks
• Obtained external peer review of the All-
Ages Lead Model by the Science Advisory
Board to potentially expand agency's capacity
to incorporate intermittent and adult lead
exposures to regulatory and risk assessment
decisions.
• In May, EPA held an internal workshop on lead
mapping efforts to initiate development of
a coordinated agency-wide approach to fit
for-purpose lead exposure risk targeting and
mapping.
• In December, EPA co-lead the development of
a cross-agency research workshop where over
100 federal policy makers, regulators, and
scientific staff from participating agencies in
the President's Task Force on Environmental
Health Risks and Safety Risks to Children
convened to share progress, identify research
gaps and opportunities, and prioritize next steps
to implement the Goal 4 actions in the Federal
Lead Action Plan.
Lead R* Free October 20-26,2019
KIDS
for a Healthy Future
National
Lead
ig
on
Week 2019
Get the
Facts
Get Your
Home Tested
Get Your
Child Tested
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CHILDREN'S HEALTH
EPA reaffirmed its commitment to protecting
children's environmental health and celebrated
Children's Health Month in October. Throughout the
month, EPA officials at headquarters and all ten
regions hosted on-the-ground events highlighting
the importance of protecting children's health.
Key actions and accomplishments from 2019
include:
• DERA Grants: School buses travel over four
billion miles each year, providing the safest
transportation to and from school for more
than 25 million American children every day.
However, exhaust from diesel buses can harm
health, especially in children, who have a faster
breathing rate than adults and whose lungs are
not yet fully developed. EPA has implemented
standards to make newer diesel engines more
than 90 percent cleaner.
In May, EPA awarded more than 49.3 million to
replace 473 older diesel school buses in 145
school bus fleets in 43 states or territories. Just
last month, EPA announced the availability of
$44 million grant funding to implement projects
aimed at reducing emissions from the nation's
existing fleet of older diesel engines. These
rebates for public school bus fleet owners help
replace older school buses with cleaner, more
efficient models.
• Outreach to Local Houses of Worship: In
October, Administrator Wheeler hosted a call
with community faith leaders and released
the Supporting Healthy Houses of Worship:
Effective, Affordable Measures to Protect the
Health of Congregations and Staff booklet.
This booklet is designed to provide places of
worship with information on actions they can
take to reduce environmental health risks, with
a special emphasis on children's health.
• Children's Environmental Health Symposium:
In June, EPA joined Texas Tech University
Health Science Center and the Louisiana
Department of Health in hosting a symposium
on Children's Environmental Health in New
Orleans, Lousiana. EPA program experts,
children's health providers, and local health
leaders held talks and workshops on a variety
of topics, such as avoiding and testing for lead
exposure, addressing pests and pesticide use
in schools and childcare settings, and EJ issues.
These discussions emphasized the symposium's
objectives of helping participants recognize the
continuing threat of lead poisoning to children,
regardless of socioeconomic level; identify
emerging threats to children's health; and
identify triggers and preventive methods for
environmental illnesses such as asthma.
Remarks at the Mid-Atlantic Lead Forum during
Children's Health Month
"The first - and most fundamental - responsibility
of government is to protect the people, especially
the most vulnerable among us. All Americans -
regardless of their age, race, income, or home
address - deserve an opportunity to live in safe
and healthy environments. And we know that
children are especially vulnerable to the potential
health effects of many hazards, including lead,
which can severely and permanently impact their
health and development. It is critical that our
decisions and actions protect children's health and
their future.
"We know that we can't be on the ground in every
community, but with our strong federal, state,
tribal, and local partnerships we know that our
joint efforts will ensure that the needs of the most
vulnerable are met and public health is protected.
This is a philosophy we are working to instill across
the agency. We want to ensure we are reaching
and helping those most in need."
- EPA Administrator Andrew Wheeler
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PUBLIC ENGAGEMENT &
ENVIRONMENTAL EDUCATION
Environmental Education Grant Program
In 2019, EPA awarded 36 environmental
education regional grants in 25 states for a total of
$3,253,920.
country, students and educators were recognized
for their remarkable efforts that promote
environmental education and stewardship.
Environmental Education Teacher Training
Program
Through EPA's teacher training cooperative
agreement with the North American Association of
Environmental Education, EPA conducted over 200
workshops, training, and webinars, reaching over
18,000 teachers, community members, and other
environmental education professionals. The work
of these individuals in schools, with after-school
programs, in communities, and with the general
public, helped bring environmental education
programming and materials to over 2.8 million
citizens.
Administrator Wheeler and Chairman Neumayr celebrate
award-winning students at the Presidential Environmental
Awards Ceremony.
Presidential Education Environmental Awards
In July 2019, the White House Council of
Environmental Quality Chairman Mary Neumayr
joined Administrator Wheeler in celebrating
200 award-winning students, educators, and
honorable mention recipients at the Presidential
Environmental Awards Ceremony. From across the
46
EPA Administrator Andrew Wheeler:
"The Presidential Environmental Education Awards
Ceremony is a day I look forward to each year
because it is a time when we honor some of the
best and brightest in environmental education
and stewardship. This year, CEQ Chairman Mary
Neumayr joined me in celebrating our 200 student
and teacher winners who represent excellence
in environmental protection. Congratulations and
thank you to all our winners for their dedication to
protecting human health and the environment."
CEQ Chairman Mary Neumayr:
"It was a pleasure to join Administrator Wheeler
as we recognized the achievements of students
and teachers from across the country who are
promoting environmental stewardship and
furthering environmental education in their
communities and schools. These students are our
nation's next generation of leaders and are doing
outstanding work."
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Partnerships
Agriculture
In 2019, EPA followed through on its commitment
to listen to the needs of America's farmers. Over
the past year, the agency welcomed over 650
farmers, ranchers, and rural stakeholders to EPA
Headquarters for events, meetings, fly-ins, and
awards ceremonies.
Administrator Wheeler and EPA took over 20
meaningful actions to meet the environmental
needs of U.S. agriculture, including: completing
various pesticide registrations and reregistration
steps — including first-time registrations for
pesticide use on hemp, repealing and moving to
replace the 2015 WOTUS rule, instating year-round
E-15, exempting air emissions from farm animal
waste from reporting under EPCRA, reauthorizing
use of sodium cyanide for predator control for
farmers and ranchers in the West, promoting
market-based approaches for managing nutrients
including trading, developing a national water reuse
action plan, supporting agricultural grants through
EPA's Gulf of Mexico Program, and signing various
collaborative agreements with FDA, USDA, and
NGOs on ways to help reduce food waste among
many other actions.
In November, EPA announced a solicitation for
member nominations for the Farm, Ranch, and
Rural Communities Federal Advisory Committee. In
2020, EPA will appoint 20 to 30 new members to
the committee and seek their input on a variety of
agricultural topics.
National FFA
In February, Administrator Wheeler signed a
first-time MOD with National FFA, which has over
700,000 student members throughout its 8,612
chapters in all 50 states, Puerto Rico and the
Virgin Islands. The MOU facilitates internship
opportunities, connections between EPA Regional
Offices and National FFA Chapters, and furthering
outreach on EPA's environmental education efforts
to rural areas.
American Conservation Coalition
In April, EPA Administrator Andrew Wheeler signed
a first-time MOU with the American Conservation
Coalition (ACC) to attract, educate, inspire and
prepare students for careers and opportunities in
environmental career fields.
"[This] MOU with the American Conservation
Coalition will help educate and encourage more
students to get involved in important environmental
issues like combatting marine litter, improving
recycling, and reducing lead exposure," said EPA
Administrator Andrew Wheeler. "EPA is proud to
work alongside ACC to inspire the next generation
of environmental leaders and advance solutions to
today's pressing environmental challenges."
"ACC is delighted to be working with the EPA on
important projects to improve our environment,"
said American Conservation Coalition President
Benji Backer. "Environmental progress is important
no matter where it comes from, and the EPA
plays a vital role in protecting our environment.
Administrator Wheeler and his team will be
important allies for the environmental movement
going forward."
Administrator Wheeler and ACC President Backer sign the first-
time MOU to enhance environmental education.
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IN THE COURTS
This year, EPA's Office of General Counsel (OGC)
continued to support the Trump administration's
environmental goals by delivering several major
wins in court, including the following:
Idaho Conservation League v. Wheeler, No. 18-1141
(D.C. Cir. July 19, 2019)
Idaho Conservation League v. Wheeler is a recent
victory for the agency under the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA). Onerous, duplicative, and
unnecessary financial assurance requirements had
previously been proposed for the hardrock mining
sector, which would have cost hundreds of millions
of dollars annually for a fraction of the benefit.
EPA announced in February 2018 that it would
not issue financial responsibility requirements for
the hardrock mining industry because of existing
federal and state requirements and improvements
in modern mining practices. EPA was challenged
on the final action and defended it successfully
in court, which found no fault with EPA's statutory
interpretation or technical and economic analysis.
Clean Water Action v. EPA, No. 18-60079 (5th Cir.
Aug. 28, 2019)
In August 2019, a favorable ruling was issued in
Clean Water Action v. EPA. In 2017, the agency
decided to reconsider parts of a 2015 EPA rule that
limited discharges from coal-fired powerplants to
ensure they were technologically and economically
achievable. In order to prevent facilities from
investing money to comply with these limits while
EPA reconsidered — and potentially changed —
the limits, EPA delayed compliance for two years
(2017 postponement rule). A consortium of groups
challenged the 2017 postponement rule. In August
2019, the court rejected all of the challenges to
the 2017 postponement rule, and EPA has since
proposed targeted revisions to these limits to better
reflect available technology and economically
achievable limits.
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California Communities Against Toxics v. EPA, No.
18-1085 (D.C. Cir. Aug. 20, 2019)
In California Communities Against Toxics v. EPA,
the court dismissed a challenge to a January 2018
guidance memorandum withdrawing the 1995
"once-in-always-in" policy for classifying major
sources of hazardous air pollutants and discussing
EPA's plain language reading of the Clean Air
Act (CAA) allowing major sources to reclassify as
area sources at any time. Under the 1995 policy,
even those sources that had cut their hazardous
air pollutant emissions nevertheless remained
subject for all time to major source requirements.
In the January 2018 guidance memorandum,
EPA explained that the CAA allows major sources
that have reduced their emissions and taken an
enforceable limit on their potential to emit to below
the major source thresholds would no longer meet
the definition of "major source" and so would no
longer be subject to major source requirements.
The court dismissed the challenge for lack of
jurisdiction on the grounds that the January 2018
memorandum was not final agency action. EPA's
plain language reading that major sources may
reclassify to area source status at any time provides
an incentive for innovation and pollution abatement.
Sierra Club v. EPA, No. 18-60116 (5th Cir. Oct. 3,
2019)
In October 2019, EPA prevailed in a case involving
challenges to the agency's approval of Louisiana's
regional haze SIP submitted under the CAA. In
Sierra Club v. EPA, petitions were filed in court
for review of EPA's approval of Louisiana's SIP for
controlling regional haze. Ultimately, the court
denied the petitions, noting in part that it affords
"significant deference" to agency decisions involving
analysis of scientific data within the agency's
technical expertise.
Working collaboratively with states, local
government, and tribes to effectuate laws that
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Freedom of Information Act (FOIA):
This year, the National FOIA Office (NFO):
• Led EPA to significantly reduce its FOIA backlog.
• Finalized an updated FOIA regulation that brings
the agency into compliance with a series of
Congressional amendments.
• Led agency-wide Reform of FOIA Processing &
Organizational Structure, which will allow EPA
to minimize coordination required for initial
assignment of FOIA requests and to ensure
consistency in early outreach to requesters.
protect human health and the environment is one of
EPA's goals, and this case provides an example of
the shared accountability that exists between EPA
and the states to ensure that EPA's core mission
of protecting human health and the environment is
accomplished.
Alon Refining Krotz Springs, Inc. v. EPA, No. 16-
1052 & consolidated cases; Coffeyville Resources
Refining & Marketing, LLC v. EPA, No. 17-1044 &
consolidated cases (D.C. Cir. Aug. 30, 2019)
EPA achieved a significant victory in related CAA
cases decided together by a federal appellate
court. In these related cases, petroleum refineries
sought review of EPA's decision not to revise its
regulation requiring refineries and importers,
but not blenders, to ensure that transportation
fuels sold in the U.S. market include the requisite
percentages of renewable fuels. Another group of
refineries challenged EPA's decision in the context
of EPA's 2017 annual volumetric rule, which set
the 2017 percentages for renewable fuel and the
2018 applicable volume for biomass-based diesel.
This group also asserted that EPA arbitrarily set
the 2017 percentage standards too high. Another
group separately contended that EPA set the 2018
applicable volume for biomass-based diesel too
low. The court denied all of the petitions for review,
upholding EPA's renewable fuel standards.
Center for Biological Diversity et at. v. EPA, No. 18-
60102 (5th Cir. Aug. 30, 2019)
In Center for Biological Diversity et al. v. EPA,
environmental groups (Petitioners) filed a petition
for review of a general permit that EPA issued
for various oil and gas operations located in the
Central to Western portions of the Gulf of Mexico. In
August 2019, the court issued a unanimous opinion
dismissing the petition in its entirety on grounds
that the Petitioners lacked standing. The court
noted, among other things, that the Petitioners did
not sufficiently tie their interest in the Gulf to the
specific locations where discharge would occur.
Importantly, the court recognized that standing is
not just an "empty formality."
External Civil Rights Compliance Office:
In FY 2019, OGC's External Civil Rights Compliance
Office (ECRCO) made significant strides in achieving
its external civil rights mission. As an example, by
December 2018, ECRCO had completely cleared its
docket of overdue jurisdictional decisions and by
November 2019, ECRCO had resolved all overaged
complaints that required preliminary findings.
EPA's Genera! Counsel, Matthew Z. Leopold, thanking the
attorneys in the Office of General Counsel for their hard work
over the past year.
OGC attorneys receive recognition for their legal counsel and
hard work at the 2019 OGC Awards Ceremony.
49
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AGENCY REFORM &
PROCESS IMPROVEMENTS
In 2019, EPA used a Lean Management System
(ELMS) to promote continuous improvement. Those
tools allowed the agency to increase efficiency in
several areas:
• Permit streamlining: In 2018, EPA set a goal to
reduce the number of backlogged applications
for new permits by 50 percent by the end of
September 2019. In 2019, EPA exceeded that
goal by reducing the backlog by 68 percent.
In addition, EPA launched a comprehensive
electronic system to track the status of pending
applications for new permits in 2019.
• Timely responses to EJ inquiries: In 2018, EPA
set a goal to improve the agency's response
time to Environmental Justice Hotline inquiries
by 93 percent. In 2019, EPA exceeded that goal
by responding to more than 700 public inquiries
received within 20 days or less 97 percent of the
average time.
• NEPA: In 2018, EPA employed ELMS principles
and collaborative problem-solving practices
to improve the efficiency of the filing process
for Environmental Impact Statements (EIS)
prepared by federal agencies. In 2019, EPA
reduced the lag time between the filing of
Notices of Availability and the document
publication by 40 percent. EPA also increased
early engagement with federal agencies on EISs
by 85 percent.
Smart Sectors
EPA's Smart Sectors program provides a platform
to collaborate with regulated sectors and develop
sensible approaches that better protect the
environment and public health. The goals include:
meaningful collaboration with regulated sectors;
common-sense policies to improve environmental
outcomes; and better EPA practices and
streamlined operations.
In 2019, EPA strengthened and expanded external
engagement via the Smart Sectors program through
50
the launch of Smart Sectors programs in all ten
regions. In 2018, Smart Sectors programs were
initially launched in Regions 1 and 8. By the end of
2019, all ten regions had launched Smart Sectors
programs with events which covered a variety of
sectors including agriculture, forestry, mining, oil
and gas, cement, and concrete.
Small Business
EPA remained resolute in advancing the interests
of small businesses while protecting human health
and the environment. In 2019, EPA hosted an
Associate Deputy Administrator Small Business
Roundtable for senior leaders to discuss regulatory
and environmental compliance issues with small
business trade associations.
On the small business contracting front, EPA earned
its tenth consecutive "A" on the Small Business
Procurement Scorecard administered by the U.S.
Small Business Administration (SBA). SBA awarded
EPA the coveted Certificate of Recognition for being
one of only a handful of agencies to receive that
distinction. In FY 2019 EPA awarded 42 percent of
its total prime contracting dollars to small business.
That amount exceeds the government-wide
statutory goal by almost 20 percent. In fact, in 2019
EPA awarded contracts to 872 small businesses,
totaling over $647 Million.
EPA's FY 2020 small business prime contracting
goal is 35 percent. This means that at least 35
percent of EPA's total FY 2020 contracting dollars
should be targeted for small businesses, including
the four statutorily-designated subcategories of
small businesses, consisting of small disadvantaged
businesses, women-owned small businesses,
service-disabled veteran-owned small businesses,
and small businesses located in Historically
Underutilized Business Zones. Achieving this new
goal is important to supporting the vital role of small
businesses in fueling our nation's economy.
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REGION 1: New England
New Bedford Harbor Cleanup
In 2019, Region 1 achieved a significant milestone
in the cleanup of New Bedford Harbor Superfund
Site in southeastern Massachusetts. In September,
EPA wrapped up 15 years of dredging, hydraulic
transport, and shipment of over 600,000 cubic
yards of highly PCB-contaminated dewatered
subtidal sediment from the site. Intertidal cleanup
and other work will continue at the site, as will work
on a state-led project along the harbor waterfront,
which is redeveloping an adjacent parcel to support
the construction of a new Massachusetts Clean
Energy Center to serve as shoreside support for
offshore wind energy projects.
Taking Action on Lead
In 2019, Region 1 awarded more than $5 million
to our state partners and nonprofits to address
lead exposure issues in drinking water, soils, and
lead paint. The region hosted outreach events that
allowed residents to bring soil samples to ERA'S
mobile lab for lead screening, hosted a "Get the
Lead Out Summit" focused on creative strategies
for removing lead drinking water lines and produced
an informational video detailing the lead line
replacement efforts of Claremont, NH and North
Providence, Rhode Island.
The region also partnered with the State of New
Hampshire to launch an online tool, "Protect Your
Tap: a 10-minute lead test," allowing homeowners
to find local lead pipes and reduce potential lead
risk in drinking water.
Additionally, the region focused much of our Lead
Renovation, Repair, and Painting (RRP) outreach
in Vermont communities; this 6-month targeted
education, training, and compliance initiative
resulted in:
• 1,300 child care centers in Vermont received
technical assistance from the region to identify
risks of lead exposure from drinking water, dust
from lead-based paint, and lead-contaminated
soil.
• 277 newly RRP-certified renovation firms and
contractors in Vermont.
Clean Water Infrastructure
Under the WIFIA program, $269 million dollars
were granted in 2019 to the Narragansett Bay
Commission in Rhode Island. These funds, matched
by the grantee, will help support a Combined Sewer
Overflow project. This vital infrastructure work
will create an estimated 1,700 jobs and save the
water district ratepayers close to $100 million in
comparison to typical bond financing costs.
,700,000.00
51
Revitalizing Old Mills and Creating Jobs
As the birthplace of the U.S. industrial revolution,
New England is home to many historic mills and mill
sites in need of revitalization.
1. At the 100-acre former Expera paper mill, which
closed in 2015, Region 1 worked with Maine
Department of Environmental Protection and the
city to assess the extent of contamination and
determine cleanup strategies. By the summer of
2019, a new owner - Nine Dragons Paper - had
invested $50 million in site improvements and
remediation, and restarted operations creating
130 jobs.
2. In Bucksport, Maine, a $280,000 EPA grant
provided the technical support needed to
transform the old paper mill into a $250 million
aquaculture facility creating an estimated 250
new jobs.
3. Leveraging sustainable materials management
expertise, the region maximized recycling and
re-use of the demolition debris from a 45,000
sq. ft. former Vermont mill, resulting in the
generation of only four dumpsters of landfill
waste.
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REGION 2: New Jersey, New York,
Puerto Rico & U.S. Virgin Islands
p Spotlight on U.S. Virgin Islands
As part of its continuing efforts to help the
Caribbean develop solid waste program capacity,
EPA approved the U.S. Virgin Islands' (USVI)
municipal solid waste landfill permit program.
This approval is a significant accomplishment for
the Territory and enables the expansion of existing
landfills, construction of new landfills, and design
and operational flexibilities such as alternative
daily cover and alternative financial assurance
mechanisms. These authorities are essential
to ensure that solid waste can be safely and
sustainably managed.
EPA is continuing to assess landfills throughout
USVI and Puerto Rico. Working with our federal,
territorial, community, and education partners,
EPA has convened stakeholders, facilitated
dialogue, provided technical resources, and
supplied key information to empower local
decision-makers to move ahead with a solid waste
management program for the Caribbean. To
support these efforts as part of USVI recovery,
$10 million in supplemental funds have been
allocated to the territory.
"I am very pleased that we were able to finalize
our decision to authorize the U.S. Virgin Islands'
solid waste landfill permit program," said EPA
Region 2 Administrator Pete Lopez. "This approval
empowers the USVI government to make necessary
improvements to its solid waste management
system and facilitates the Territory's path toward
a resilient future. EPA is working continuously with
the USVI to help it build capacity to reduce waste,
prepare for managing waste from future storms,
increase recycling, and promote a comprehensive
and robust solid waste management program."
"With much excitement, the USVI reached a
historic moment by receiving the authority to
52
permit landfills," said Division of Environmental
Protection Director Kathlyn P. Worrell-George.
"I am ecstatic that the Division of Environmental
Protection team and I were able to play a major role
in such a triumphant achievement."
Celebrating Superfund Success & Protecting
Communities
Tonawanda Coke Corporation Clean-up
EPA continued its work to address serious
contamination at the Tonawanda Coke Corporation
Superfund Site in western New York State. EPA
actions prevented large-scale release of hazardous
waste, including releases to the bordering Niagara
River, and mitigated the potential for fire and
explosions which would have been devastating to
the surrounding residential community and other
industrial facilities nearby. EPA's work at this site
has helped leverage private investment intended to
result in effective re-use of the site and the creation
of new jobs.
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Arsenic Mine Superfund Site
The Arsenic Mine Site is the location of a historic
mine in Kent, NY that was operated from the mid-
1800s through approximately 1918. EPA proposed
to add the site to the NPL in May and finalized the
listing in October.
"ERA'S forward-leaning and proactive actions at the
Arsenic Mine Site have addressed the immediate
need to protect people's health by reducing
residents' exposure to arsenic contamination in the
short-term," said EPA Region 2 Administrator Pete
Lopez. "[W]e are announcing the next major step
in the cleanup by listing the site on the National
Priorities List, which arms the agency with the
authorities to address contamination at the site
over the long-term."
To reduce the potential for local residents' short-
term exposure to elevated levels of arsenic in the
soil, EPA has installed barriers to contaminated
soil in high-use areas. EPA has also implemented
measures to reduce tracking of arsenic indoors
by removing or replacing contaminated soil at the
affected properties in gardens and areas used by
pets and livestock.
EPA is also coordinating with government partners
and conducts regular monitoring of residents'
drinking water supplies to confirm that treatment
systems continue to be effective. EPA continues
communications with residents to ensure that
drinking water systems are adequately maintained.
Aerial map of Arsenic Mine Superfund site in Kent, New York.
Restoring Puerto Rico's Ability to Address Water
Infrastructure
In August 2019, 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 SRF programs. This restructuring cleared 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 percent 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."
Newark Drinking Water
EPA has been working in close partnership with
the City of Newark and the State of New Jersey
providing technical support and assistance in
seeking funding opportunities to help protect the
citizens of Newark from lead in its drinking water.
Most recently, EPA coordinated closely with the
City of Newark and the New Jersey Department of
Environmental Protection (NJDEP) to determine
if drinking water filters provided to citizens of
Newark by the city were reducing lead in tap water
to levels of 10 ppb or below, under the current
conditions in Newark, when the filters are properly
installed and maintained. EPA is pleased that the
collaborative work conducted was able to provide
valuable information that a combination of flushing
and filtering in Newark is the appropriate approach
for reduction of lead levels in tap water in the
Pequannock service area until the corrosion control
treatment is optimized. EPA is strongly committed to
continuing its long-standing and close collaboration
with Newark and NJDEP to strengthen the city's
capacity to ensure that Newark area residents can
continue to receive clean and safe drinking water.
53
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REGION 3: Mid-Atlantic
EPA Administrator Andrew Wheeler, U.S. Senator Shelley
Moore Capita, and Rep. Carol Miller tour a Superfund site in
Minden, West Virginia.
In May, EPA Administrator Andrew Wheeler
announced the addition of the the Shaffer
Equipment/Arbuckle Creek Area Site in Minden,
West Virginia as one of six Superfund sites in
the nation added to the NPL, Since then, EPA's
Mid-Atlantic Region has conducted several public
availability sessions, updated the community
through fact sheets, initiated a Removal Action to
remediate an area of contaminated soil, completed
repairs to a previously constructed remedy, and
commenced Remedial Investigation fieldwork.
"This is such an important day because the great
people of Minden have been hurting for too long
and they've been waiting on this level of help for
decades," said West Virginia Governor Jim Justice.
"Our President, the EPA and our own Department
of Environmental Protection here in West Virginia
truly care about helping the people of Minden and,
together with my office, we are finally taking major
steps toward cleaning up this area once and for all.
We are going to get it done,"
"This was a real group effort, and I'm so glad
that we are finally seeing this site make it on the
Superfund priority list," said Senator Shelley Moore
Capito (R-WV). "It's not only an acknowledgement
of the work that needs to be done, but it's also
a commitment from the federal government — a
commitment of attention and resources and a
commitment to provide more financial and technical
assistance to clean up this site and any lingering
PCB pollution in the surrounding area. That also
54
means delivering a new sense of safety and
certainty to all those who call Minden home, and
it means providing for the health and wellbeing of
West Virginians."
"I am pleased by the addition of Minden to the
EPA's Superfund National Priorities List. The
contamination in this area has plagued our
community for decades, and I am grateful that the
Trump administration and Administrator Wheeler
are working to improve Southern West Virginia,"
said Rep. Carol Miller (R-WV-03).
"It was a pleasure hosting Administrator Wheeler
in Minden as we added the Shaffer Equipment/
Arbuckie Creek site to the National Priorities List,"
said EPA Region 3 Administrator Cosmo Servidio.
"For far too long this community has been ignored,
and under this administration we are committed to
ensuring that all the children in Minden can lead
healthy lives.
Enhanced Outreach to Agriculture Communities
In 2019, EPA Region 3 Administrator Cosmo
Servidio made a concerted effort to enhance
outreach to the agriculture community to hear from
farmers about the successes and challenges to
producing food and having a clean environment,
and to find ways to work effectively together.
In 2019, Region 3 reached out to over 1,400
members of the agricultural community through
farmer roundtables, educational farm tours,
field days, and meetings with leadership from
agricultural organizations and federal/state
agriculture agencies.
The Lancaster County (PA) Agriculture Roundtable
Hosted by PennAg Industries Association, Region 3
Administrator Servidio and nine members of EPA's
leadership team and agriculture staff toured a cage-
free egg layer operation, a hog finisher operation,
and a large dairy. These tours sparked productive
conversations between EPA and producers on
how best to work together to support farmers in
managing manure and complying with regulatory
programs.
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REGION 4: Southeast
Accelerating Cleanup at Superfund Sites
Fairfax Street Wood Treaters
Six-months ahead of schedule, Region 4
successfully accelerated cleanup efforts resulting
in a $7.9 million remedy. This included the
removal of over 50,000 tons of impacted soil and
300,000 gallons of water from over 50 residential
properties. Region 4's Superfund and Emergency
Management Division collaborative efforts with the
Florida Department of Environmental Protection
ensured the protection of public health for several
neighborhoods near the site and the remediation of
the 12.5-acre wood treatment plant. In November
2019, Region 4 held a public availability session
to highlight the success of the cleanup and to
recognize the collaborative model utilized at the
site. The site, which is expected to be deleted in FY
2020, is poised for redevelopment opportunities
and the community boasts recent graduates of
EPA's Superfund Job Training Initiative.
Trash-Free Waters: Alabama
The Gulf of Mexico Program funded the Mobile
Bay National Estuary Program (MBNEP) to reduce
the amount of stormwater-borne trash and litter
by at least 4,800 pounds by installing prototype
trash traps, or "Litter Gitters," at ten strategically
located stormwater outfalls in the Three Mile Creek
Watershed. MBNEP has utilized the Escaped Trash
Assessment Protocol at each Litter Gitter site to
assess the condition of water quality and habitat
and analyze constituent materials in collected trash
and litter to determine weight, volume, and probable
sources.
Farmer to Farmer Grants
Farmer to Farmer grants support projects to improve
water quality, habitat, and environmental education
through farmer-led or farm-focused organizations
in the upper and lower Mississippi River basins.
Since 2018, EPA has awarded over $9.5 million to
projects with a variety of partners to show nutrient
reduction progress in the Mississippi-Atchafalaya
River Basin. In 2019, over $7.5 million was awarded
to seven recipients in Arkansas, Florida, Iowa and
Mississippi. These projects will center around
innovative monitoring systems that will measure
and report field scale water and nutrient dynamics
to farmers in support of informed crop management
decisions.
Brownfields
The Region 4 Brownfields program continues to lead
the nation in several programmatic areas. Region
4's program exceeded the assessment national
target of 100 with 410 assessments completed;
the highest in the nation. Region 4 was also the
first in the nation for returning land for beneficial
reuse under the Ready for Anticipated Use program,
exceeding the national target by 108.
Through successful collaborations, Region 4
communities leveraged over $561,000,000,
leading the nation in the investment of resources
for community revitalization. Notably, Region 4 has
ranked first in the nation four out of the last five
years under this metric, with over $500,000,000 a
year in documented leveraging.
Food Recovery Efforts
In February 2019, Region 4 partnered with a local
nonprofit, Second Helpings Atlanta, to rescue over
17,000 pounds of high quality, healthy, nutritious
food, which would have otherwise gone to a landfill,
duringSuperbowl Llll in Atlanta, GA. Instead of
landfill disposal, this food was provided to local
community charities which provided over 14,000
meals to those in need.
Lab Support to States
Region 4 laboratory support is a critical tool
available to states without the resources to
maintain a robust and expanded analytical
program. Region 4 proudly continues to refine our
analytical methods and protocols in concert with
evolving science. Specifically, in 2019, Region 4
conducted more than eight sampling projects in
Alabama, Georgia, Mississippi and South Carolina
and processed over 750 PFAS and EtO analyses
in support of state activities.
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REGION 5: Great Lakes
Great Lakes Restoration
In 2019, EPA funded, through the Sustain Our Great
Lakes program, 26 restoration projects across
the basin totaling $6.9 million with non-federal
investments totaling $8.1 million. Region 5 also
removed nine beneficial use impairments at five
Areas of Concern in five states - putting them on
the path to recovery and de-listing, and promoting
environmental and economic revitalization in
surrounding communities.
Region 5 launched a new Trash-Free Great Lakes
grant program, making $2 million available for
beach, shoreline and waterway cleanups throughout
the basin. In addition, EPA provided $11.5 million
in grant funding for 21 projects to reduce nutrients
throughout the basin. In 2019, a new grant category
was included which funded five innovative water-
quality trading projects that will promote cost-
effective and market-based approaches to reducing
excess nutrients to surface waters.
"The projects we have selected support EPA's new
strategy for combatting excess nutrients in our
Great Lakes," said EPA Administrator Andrew
Wheeler. "Facilitating the adoption of innovative
market-based solutions will ensure the Great Lakes
basin remains safe and accessible to everyone who
lives and works there."
"Reducing stormwater and nutrient runoff is a
critical part of restoring the Great Lakes," said
former EPA Region 5 Administrator and Great
Lakes National Program Manager Cathy Stepp.
"EPA is proud to offer GLRI funding for on-the-
ground projects that will reduce runoff pollution and
improve water quality in the Great Lakes basin."
Great Lakes Action Plan
Grants are part of the larger effort to restore
and protect the Great Lakes through the GLRI.
In October, EPA announced the GLRI Action Plan
III, an aggressive plan that will guide Great Lakes
restoration and protection activities by EPA and
its many partners over the next 5 years - fueling
local and regional economies and community
revitalization efforts across the basin.
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"President Trump's EPA has made tremendous
environmental progress and their plan to accelerate
the restoration of the Great Lakes is a win for
conservationists and Hoosiers," said U.S. Senator
Mike Braun (IN). "This decisive action will keep
Asian carp out of the Great Lakes, reduce harmful
algal blooms and protect fish, birds and other
animals whose habit relies on the Great Lakes."
"The work done through the Great Lakes
Restoration Initiative (GLRI) ensures our most
treasured natural resource remains vibrant. Through
President Trump's support and Administrator
Wheeler's strong commitment to the Great Lakes,
this new 5 year plan will provide a strong focus
for the critical mission of the GLRI. This vision is
a key element to protecting the Great Lakes and
preserving the health of our communities, our rich
sportsman heritage, and the economy of northern
Michigan and the Upper Peninsula," said Rep. Jack
Bergman (R-MI-01).
"The Great Lakes Restoration Initiative has
played an important and critical role in preserving
and protecting the Great Lakes," said Rep. Bill
Huizenga (R-MI-02), Co-Chair of the House Great
Lakes Task Force. "The announcement of the
GLRI Action Plan III will build on this success and
strengthen the cleanup of legacy pollution, restore
habitat, and combat invasive species across
Michigan. I am glad to see Administrator Wheeler
work to make the Great Lakes a national priority."
"I have worked alongside my colleagues in
Congress to advocate to the administration about
how important the Great Lakes are to everyone in
Michigan and I welcome today's announcement
for the next five years of the GLRI," said Rep. John
Moolenaar (R-MI-04). "Working with partners
including CMU and Ducks Unlimited, the GLRI has
done incredible work to protect the Great Lakes for
future generations and this new plan will continue
that commitment in the years ahead."
"In Michigan, the Great Lakes impact every facet
of our daily lives, from the significant economic
benefits to all the recreational activities we enjoy,"
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said Rep. Tim Walberg (R-MI-07). "The Great
Lakes Restoration Initiative has supported many
successful projects and is critical to cleaning up
pollutants, stopping the spread of invasive species
like Asian Carp, and reducing algal blooms, I am
pleased to see the EPA take important action to
expand these efforts to help ensure the Great Lakes
are in good health for future generations."
"The ERA'S updated action plan sets an aggressive
path forward to protect and restore the Great Lakes
under the Great Lakes Restoration Initiative, which
has been a catalyst for unparalleled federal agency
coordination to fund more than 4,800 projects that
address the largest environmental issues facing
the Great Lakes. I look forward to working with
EPA to continue improving water quality, protecting
and restoring native habitats and species, and
preventing and controlling invasive species," said
Rep. Paul Mitchell (R-MI-10).
"As someone who grew up on the shores of Lake
Erie, I'm proud to be a champion of the Great
Lakes Restoration Initiative in Congress," said
Rep. Dave Joyce (R-OH-14), Ranking Member
of House Appropriations Interior-Environment
Subcommittee. "The Great Lakes provide more
than 1.5 million jobs, supply 90 percent of our
nation's fresh surface water, support over 3,500
species of plants and animals, and generate
$62 billion in wages every year. I applaud the
administration for recognizing the importance of
this vital program and look forward to continuing our
work to protect and preserve the invaluable natural
resource and economic powerhouse that is the
Great Lakes System."
"The Great Lakes are critical to Northeast
Wisconsin's economy and way of life," said Rep.
Mike Gallagher (R-WI-08). "We've seen firsthand
how GLRI dollars successfully reduced harmful
algae in Green Bay, and I'm glad that GLRI Action
Plan III will build upon this success and take action
to ensure the Great Lakes are clean for generations
to come."
"The partnership between the EPA and its Federal
and State partners announced today on the GLRI
Plan III is vitally important to the environmental
quality of our Great Lakes. These efforts are crucial
to our entire region's economy and quality of life
for our residents and for those who visit and enjoy
Michigan's lakes and streams," said Canton, Mich.
Township Supervisor Pat Williams.
Superfund Success
Region 5 deleted six sites from the NPL, completed
remedy construction at 16 sites, and determined
that 26 sites are now ready for reuse. The region
completed 50 emergency removals to address
immediate threats to public health - exceeding
target by 47 percent and deployed staff to 36
emergency response sites involving hazardous
waste or oil cleanups.
Cleaner Air
This year, EPA Region 5 completed five air quality
re-designations - a third of the nation's total - and
on track for an unprecedented 15 more areas to
be re-designated in 2020. In August, Columbus,
Ohio was the nation's first non-attainment area
to meet the 2015 ozone air quality standard -
delivering cleaner air for 4 million people. Now that
Columbus has been re-designated, businesses will
face fewer air permitting restrictions paving the
way for infrastructure investment and economic
development that will create jobs.
"Today is a very good day for everyone who lives
and breathes in the greater Columbus area," said
former EPA Region 5 Administrator Cathy Stepp.
"The Columbus success story is the direct result of
the cooperative partnership between the U.S. EPA,
the State of Ohio, the city, local government entities
and industry to improve air quality which in turn
spurs economic development and revitalization."
Former EPA Region 5 Administrator Cathy Stepp and Ohio EPA
Director Laurie Stevenson announce the re-designation of
Columbus for ozone air quality standards.
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REGION 6: Arkansas, Louisiana, New
Mexico, Oklahoma & Texas
Tar Creek Superfund Site, Ottawa County,
Oklahoma
With funding assistance of over $9 million, the
Oklahoma Department of Environmental Quality
and the Quapaw Nation of Oklahoma removed over
1.5 million tons of toxic chat from the Tar Creek
Superfund site providing a healthier environment for
the citizens of Northeastern Oklahoma. The cleanup
furthers the commitment EPA made in the Federal
Lead Action Plan by managing lead contamination
at Superfund sites, thereby reducing exposure to
community residents.
EPA also provided the Quapaw Nation $285,152 to
relocate a family with a 3-year old child residing in
Picher, Oklahoma. The family lived near an old lead
smelter facility, and the child's blood levels tested
high for lead. The relocation effectively removed
the family from harmful exposures. EPA released
the Site-wide Strategic Plan, which resulted in the
first national conservation easement recorded on
tribally-owned property at a Superfund Site. To date,
approximately $425 million has been spent on this
clean-up.
Cleanup & Development of the Former Evans-
Fintube Site:
The Evans-Fintube site in Tulsa, Oklahoma, was
used as a steel foundry and forge from 1939
through 1962. The 23-acre property had a concrete
reservoir, forge, welding, and fabrication shops. This
blighted property which included asbestos, PCBs,
lead, and soil and groundwater contamination was
visible from City Hall and a constant reminder of
the work that needed to be done. This property had
long-term environmental and social impacts on the
EJ community of Greenwood Historic District.
For the past seven years, the brownfields team
has been utilizing various grant instruments with
the City of Tulsa to not only plan and assess, but
also to clean up the old Evans-Fintube property for
redevelopment. Two years ago, the BMX Corporation
saw potential and expressed interest in the property
for its USA Headquarters. On November 15, 2019,
58
USA BMX held a groundbreaking ceremony and
unveiled the final design for its world headquarters.
EPA invested $950,000 in this property to receive
anticipated leveraging of $23 million once the
Headquarters is completed.
Plains/Encycle Facility Corpus Christi, Texas
The final cleanup of the Plains/Encycle site in
Corpus Christi, Texas has been achieved and the
former zinc smelter and hazardous waste recycling
facility bordering an EJ community has been
redeveloped into a productive shipping dock and
tank farm along the Corpus Christi ship channel.
Approximately 20,000 tons of soil contaminated
with heavy metals were removed. Over 50
industrial buildings at the site, many contaminated
with asbestos and PCBs, were demolished with
approximately 150,000 tons of debris generated
and removed.
This approximately 108-acre property on the
banks of the Corpus Christi Ship Channel and
adjacent to a high priority EJ community, Dona
Park, has now been redeveloped as a crude oil
storage tank farm and ship channel dock. Texas
Council on Environmental Quality and EPA worked
in partnership to ensure that the demolition and
remediation did not impact the nearby Dona Park
community and engaged often with the local
community providing them many opportunities to
review remediation plans and provide input into
the cleanup process.
The completion of the cleanup activities and
subsequent redevelopment at Plains/Encycle
is a significant environmental milestone. One of
the state's most contaminated properties is now
cleaned up, redeveloped, and making a significant
contribution to the Corpus Christi economy. The
Port of Corpus Christi is currently the third largest
U.S. port in total revenue tonnage, and now the new
terminal has added a loading capacity of 50,000
barrels of crude oil per hour, four crude oil storage
tanks with an aggregate capacity of approximately
1.4 million barrels and the capability to expand.
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REGION 7: Kansas, Iowa, Missouri &
Nebraska
Reducing Childhood Lead Exposure
In FY 2019, Region 7 developed a strategic action
plan to reduce childhood lead exposure across
all regional programs. Air represents one of our
region's broadest exposure pathways for lead,
so it was with great satisfaction that the region
designated one of the four lead non-attainment
areas back to attainment as a result of air monitor
data showing compliance with NAAQS. This action
signaled improved air quality for over 90,000 people
living in the Council Bluffs, Iowa, area.
Region 7 also continues to grapple with the
impact of lead mining, which spans almost two
centuries. In this area, Region 7 made great
strides using Superfund authority, remediating an
estimated 1.205 million cubic yards of mine waste
on 354 acres and 173,168 cubic yards of lead-
contaminated soil at 746 residences across 11
Superfund sites. These milestones were achieved
despite record spring rainfall, which hampered field
work.
Lead yard clean up in Omaha, Nebraska.
In addition to achievements for air and land, Region
7 focused outreach efforts on St. Joseph, Missouri,
an urban community that exhibits nationally-
significant elevated blood lead levels. Our outreach
efforts connected with over 55,000 people (or
about 110 percent of our target and approximately
70 percent of the total St. Joseph population) to
educate them on the risks of lead and what can
be done to minimize exposure. In concert with
this outreach, Region 7 leveraged enforcement
authorities under TSCA's Renovation, Repair, and
Painting Rule to create learning opportunities for
our regulated community and their customers.
Region 7 conducted 82 work-practice and records
inspections in FY 2019, exceeding an end-of-year
goal of 80.
Region 7 outreach efforts in St. Joseph, Missouri.
Increasing Community Water System Compliance
Region 7's Public Water System Supervision team,
working with counterparts in the Enforcement &
Compliance Assurance Division and state program
offices, have realized a major achievement this
year: by meeting the national priority 25 percent
reduction of community water systems with health-
based violations (as compared to the third quarter
2017 baseline data). By the second quarter of
2019, Region 7 states had reduced the number
of community water systems with health-based
violations to 188, as compared to 258 systems in
the third quarter of 2017. Specific work was focused
on the disinfection by-product violations, which
represented the largest area of non compliance.
Prioritizing Land Revitalization
In furthering EPA's priority goal of accelerating
Superfund cleanups and returning sites to
beneficial use, Region 7 committed itself in FY
2019 to land cleanup and revitalization efforts to
identify sites with redevelopment potential and
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to provide assistance to local communities, state
partners, and other interested parties. As a result
of this revitalization priority, Region 7 assessed
141 properties, exceeding the target of 110, and
cleaned up 16 properties, beating the target of 3.
In addition, Region 7 achieved Site Wide Ready
for Anticipated Use at three sites on the NPL,
returning more than 900 acres to beneficial use in
those communities. Redevelopment potential was
advanced in other parts of the four-state region
through rapid response to 17 Prospective Purchaser
Inquiries; timely transmittal of nine comfort letters
to interested parties; issuance of one Bona Fide
Prospective Purchaser Doing Work Agreement; and
preparation of redevelopment recommendations for
four communities within a former mining site.
In FY 2019, Region 7 also focused on information
gathering and outreach related to Opportunity
Zones in Iowa, Kansas, Missouri, and Nebraska.
The goal of this engagement was to determine
how Region 7 can best assist these communities
— particularly small and rural communities —
overcome challenges they face in attracting
investment in their Opportunity Zones. To
accomplish this goal, Region 7 participated in
Opportunity Zone workshops along with other
federal and state agencies in Des Moines, Wichita,
Kansas City, and St. Louis. The region also met
with state economic development agencies in all
four states as well as local officials in 11 different
Opportunity Zone communities. This work formed
the basis for developing an Opportunity Zone work
plan that will guide efforts to assist Opportunity
Zone communities in FY 2020.
Strengthening Relationships with the Agricultural
Sector
Recognizing the importance of agriculture to
America's heartland, Region 7 identified four focus
areas to develop a strong partnership with the
agricultural sector in FY 2019 and beyond. First,
Region 7 built trust with and provided regulatory
certainty to anhydrous ammonia retail facilities
by conducting chemical accident prevention
compliance assistance workshops and mock
inspections. The region engaged and educated
more than 100 industry representatives through
this initiative, investing in the idea that chemical
60
accident prevention, preparedness, and response
requires strong partnership across all levels of
government, industry, and the public.
In addition, Region 7 partnered with states and
tribes to provide more than 80 informational
outreach events to the public and agricultural
stakeholders on how to identify, report, and prevent
harmful algal blooms. This outreach priority was
bolstered by Region 7's selection for an ORD
Innovations project through which EPA will award
a prize to a high school student who produces
the best public service video about harmful algal
blooms.
'ONk * AL LEADER
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EPA Region 7 Administrator Gulliford meets with Iowa
Secretary of Agriculture Mike Naigatthe Iowa State Fair where
EPA presented a $1.15 million grant to the Iowa Department
of Agriculture and Land Stewardship.
Finally, Region 7's fourth agricultural initiative
was aimed at supporting and sharing information
with agricultural stakeholders and municipalities
to accelerate investment in water quality trading
and other market-based conservation programs
that reduce pollutants in our nation's waters.
Upon release of a Memorandum of Understanding
between EPA and USDA in January 2019, Region
7 worked in overdrive to present and discuss
numeric nutrient trading at over 20 meetings and
conferences throughout the four-state region.
In each of these focused outreach areas, Region
7 strives to be an effective partner with the
agricultural sector to ensure the delivery of cleaner
air and water in the region.
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REGION 8: Mountains & Plains
Addressing Emerging Contaminants in Drinking
Water
Region 8 focused on new efforts to address
emerging contaminants in drinking water. Public
water suppliers required to sample for unregulated
contaminants may find finished water has levels
of contaminants that exceed health advisories but
are unregulated under the Safe Drinking Water Act.
To rectify this regulatory gap, the Drinking Water
Program advised states on how to address these
situations. The advisory document proved critical
when 12 water systems in the region identified
levels of manganese in their water above health
advisories. Using the information provided by
Region 8, state partners worked with the water
systems to notify these communities, and in some
cases determine that "Do Not Drink" orders were
appropriate. The guidance resulted in more than
17,000 people quickly receiving information that
their water had manganese above health advisories.
Brownfields Highlights
In 2019,120 Brownfields properties in Region
8 were made Ready for Anticipated Use, a 100
percent year-over-year increase compared to
2018. These projects leveraged $122 million in
redevelopment investments and 906 local jobs. In
one example in Lakewood, Colorado, a $200,000
EPA grant to address a chlorinated solvent plume
leveraged $3.48 million in tax credits and low-
income housing financing and paved the way for the
development of 52 affordable housing units at the
Fifty Eight Hundred complex.
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The Region 8 Brownfields team also worked with
tribal partners to remediate 14 contaminated sites
in Indian country. In July 2019, the Turtle Mountain
Band of Chippewa Indians used a $200,000 grant
to cleanup asbestos-containing materials in three
badly dilapidated buildings at the L'BelCour housing
complex in Belcourt, N.D. The neighborhood
consists of 18 structures, with many of the housing
units occupied despite being in extremely poor
condition and the widespread presence of asbestos.
In partnership with EPA and HUD, the Turtle
Mountain Band of Chippewa Indians is moving
forward with plans to systematically cleanup,
demolish, and replace all 18 structures while they
also look to take advantage of the area's new status
as a Qualified Opportunity Zone.
East Helena Superfund Redevelopment
%
The East Helena Smelter Site (ASARCO Lead
Smelter) was listed on the NPl in 1984 due to lead
and arsenic contamination in the community's
soils and arsenic in groundwater. In 2005, ASARCO
filed for bankruptcy and in 2009 the Montana
Environmental Trust Group was appointed as
the Custodial Trustee to complete cleanup at
the site. Over 2,000 acres of property and $96
million were transferred to the Trust. As a result of
61
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ERA'S assistance with East Helena's planning and
redevelopment efforts, the site now hosts the state-
of-the art Lewis & Clark County Search and Rescue
facility, the new Prickly Pear Elementary School,
the future site of the new East Helena High School,
and a 300-home subdivision. In addition, over 180
acres of the Prickly Pear Creek floodplain have been
restored, the Prickly Pear Land Trust Greenway trail
project will soon be a reality, and the U.S. Fish and
Wildlife Service is working on a restoration plan for
80 acres of migratory bird habitat and native upland
grasses. 240 acres of the site were recently sold for
commercial/mixed use redevelopment. Collectively,
these projects represent 700 acres redeveloped or
transitioned for redevelopment.
Pediatric Environmental Health Specialty Unit
rocky mountain region
Pediatric En¥lr'"",WSnttfHea|+h UniJ
Pediatric Environmental Health Specialty Units belong to a
network of Environmental Health specialists who work with
healthcare professionals, parents, community groups, and
schools to address children's environmental health issues.
EPA Region 8 provided funding to the R8 PEHSU to
conduct outreach and education on reducing and
preventing childhood lead exposure. The PEHSU
disseminated materials to various partners such as
state and local health departments and clinicians.
The PEHSU also collaborated with Denver Health
to develop a geo-mappingtool using 17,000 lead
test results collected over the last three years. The
maps concentrate on the Denver area, but will likely
expand to cover other parts of Colorado. The PEHSU
will present on this information at the Frontiers
of Medicine Conference in Casper, Wyoming, and
the Wyoming Medical Society's annual meeting in
2020. Additionally, the Region 8 PEHSU participated
in three public health meetings and the National
Association of School Nurses Conference to share
62
important information on children's health, reaching
approximately 2,400 people.
Improving Air Quality
Salt Lake City and Provo, Utah Achieve Attainment
On April 10, 2019, and September 27, 2019, EPA
finalized approval of Clean Data Determinations for
the Provo and Salt Lake City fine particulate (PM2.5)
nonattainment areas. These approvals mean the
Wasatch Front in Utah has attained the 24-hour
PM2.5 NAAQS after exceeding the standard for the
prior 13 years. The determinations were based on
certified air monitoring data from the 2015-2017
(Provo) and 2016-2018 (Salt Lake City).
Prior to 2019, Region 8 worked with the State
of Utah to develop the Salt Lake City Serious
PM 2.5 SIP, which included: an attainment
demonstration, contingency measures, reasonable
further progress, motor vehicle emission budgets,
best available control measures (BACM), best
available control technologies (BACT) for sources
within the nonattainment area. Additionally, Utah
submitted BACM/BACT for the Provo Serious
PM2.5 nonattainment area. These measures,
in conjunction with enhanced vehicle emissions
testing programs and budgets and the state's wood-
burning bans, contributed to the areas coming into
attainment with the NAAQS. This major success
story reflects the strong partnerships between EPA,
the State of Utah, and local entities.
EPARegion8 0 @EPARegion8 ¦ Oct 2, 2019
' jfeJ We've just awarded @UtahDEQ a S9.7 million Targeted Airsheds Grant to
- improve #AirQuality in the Salt Lake City area & the Uinta Basin!
epa.gov/newsreleases/e...
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REGION 9: Pacific Southwest
State Implementation Plan Successes
Region 9's Air & Radiation Division exceeded our
goal of acting on 54 SIP submittals and took final
action on 81 SIP submittals. To help reduce the
number of old or un-approvable SIPs in the Region's
backlog, Region 9 set a goal of achieving 14 SIP
withdrawals, increasing the number of withdrawals
from the prior year by 25 percent.
A key achievement in the region's air office was
approving Portola, California's PM2.5 attainment
plan. Portola's innovative plan is based on a locally
implemented voluntary woodstove change-out
program in a small rural area where woodsmoke
is the primary pollutant. The voluntary program
was funded by an EPA targeted airshed grant and
the attainment plan includes an enforceable local
measure that will be triggered should emission
reductions be less than expected.
Partnerships & Grants
Due to the air quality challenge of wildfires in the
Western U.S., EPA Region 9 has formed a "Smoke
Team" to handle the many challenges related
to wildfire smoke response and prevention. This
year the emphasis has been on smoke-event
preparedness for the workforce and communities.
Region 9 has engaged with states, tribes, local
cities, and regional and national associations to
provide expertise and tools In order to support
smoke-event preparedness in communities.
Environmental Protection at the Southwest U.S.
Mexico Border
Region 9 convened 15 stakeholder meetings in
2019 along the Arizona and California border. These
meetings served to update federal, state, and local
elected officials and organizations on options to
control transboundary sewage flows in the Tijuana
area.
EPA funded and worked closely with North American
Development Bank (NADB) to produce a feasibility
analysis of high priority infrastructure options in
the U.S. and Mexico to stem transboundary sewage
flows. The NADB report, issued in August 2019, is
facilitating interagency discussions intended to yield
consensus agreement on infrastructure priorities.
EPA joined with international Boundary and
Water Commission (IBWC) and the State of
Arizona to identify integrated solutions to ongoing
transboundary pollution issues in Nogales, Sonora,
and Arizona, including infrastructure funding
strategies.
Pacific Island Territories
Region 9 awarded $30 million in FY 2019 to the
Pacific Island Territories for water and wastewater
infrastructure projects. In addition, Guam initiated
construction of a major upgrade to the Northern
District Wastewater Treatment Plant. This is part,
of a $174 million partnership with EPA and Guam
that the U.S. Department of Defense is funding to
upgrade civilian wastewater facilities impacted by
the military.
iUAM WATERWORKS AUTHORIT
AGAT-SANTA RITA WASTEWATER TREATMENT PLANT
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REGION 10: Pacific Northwest
Restoring Drinking Water System for 3,000
people in Central Oregon Tribal Community
Region 10's enforcement program used Safe
Drinking Water Act emergency orders in response
to significant public water system distribution
failures in several tribal communities across the
region. These orders have spurred action to help
restore the systems and provide safe water to these
communities.
One of the systems requiring immediate action
was on the Confederated Tribes of Warm Springs
reservation. Long-standing problems at the aging
public water system serving over 3,000 people
resulted in total system failure and water "outages"
which required providing bottled water for several
weeks to businesses, residences, and other public
services. The lack of drinking water also forced the
closure of the early education center. EPA is helping
bring together other federal agencies and other
possible funding sources to assist the tribe in their
long-term infrastructure planning and financing.
National Estuary Program Efforts Protect and
Restore Some of the Most Treasured Water
Bodies
Puget Sound
Region 10 approved the updated Comprehensive
Conservation Management Plan for Puget Sound
and provided over $28 million in grant funds to
state, local, tribal, and federal partners towards
Puget Sound recovery and conservation efforts
through its National Estuary Program. Thanks to
funding from EPA's Puget Sound National Estuary
Program, more than 800 acres of shellfish beds
opened in Portage Bay. EPA funding that went to the
Washington Department of Health, which supported
local partners in Whatcom County, and the Lummi
Indian Nation supported collaborative efforts to
open up 800 acres for shellfish harvest in Portage
Bay. These important harvest areas for the Lummi
Nation have been closed for many years.
Highlights include:
• The protection and restoration of an additional
2,474 acres of key Orca and salmon habitat.
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• Funding of seminal stormwater toxicology
applied research to reduce toxics in fish and
benefit Orca recovery.
• Re-connection of dozens of miles of stream to
support fish passage to and from spawning and
rearing habitats largely through the removal of
culverts.
• Development of sophisticated computer models
on the impact of nutrients on Puget Sound water
quality.
Tillamook National Estuary Program
EPA fully approved a new Comprehensive
Conservation Management Plan for the Tillamook
Estuary Partnership that expanded their geographic
scope to new adjoining coastal estuaries/
watersheds and further refined that strategic
recovery planning, monitoring, and stewardship
efforts.
Columbia River Basin Restoration Program
EPA designed and implemented a new program
mandated by the 2016 Columbia River Basin
Restoration Act. In FY 2019, EPA received $1 million
in appropriations for the first time. After many years
of visioning, discussion, strategizing, and legislative
action, EPA was charged with the responsibility
of standing up a grants program to address toxic
pollution in the Columbia River Basin. Region 10
has developed a program plan, invited members
to the working group, and released the Request for
Applications. The region will be awarding the first
grants under the program in early FY 2020.
North Idaho Community Reduces Attains Air
Quality Standards
Pinehurst Idaho, a northern Idaho mountain valley
community, and the adjacent Pinehurst expansion
area have come into attainment for NAAQS for
PM10 after more than 30 years of nonattainment
status. Coming into attainment is the culmination
of close nearly 30 years of work by the community,
the State of Idaho, and EPA to reduce PM10
emissions from woodburning devices, the primary
contributor of elevated PM10 in the area.
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EPA Publication Number: 100K20001
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www.epa.gov
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