August 26, 2022
Publication Number 540S22001

RESPONSE TO COMMENTS
FY 2023-2024 NATIONAL PROGRAM GUIDANCE
OFFICE OF LAND AND EMERGENCY MANAGEMENT

Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

General Comments:

Coordination with ASTSWMO is
mentioned in a bullet point under
Partnerships about promoting and
enhancing State and Territory
(State) involvement in the cleanup
and reuse of federal facility NPL
sites. There is no other mention of
coordination with ASTSWMO.
ASTSWMO has provided a
coordination role historically and
seeks to continue to assist EPA in
their efforts around State
involvement in other areas, such as
the circular economy and coal
combustion residuals.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 10

OLEM values the longstanding
partnership we've had with ASTSWMO,
and we are committed to continuing that
partnership. Throughout our guidance
we refer often to coordinating with
states. Although we do not refer to
ASTSWMO by name, our collaboration
with ASTSWMO is an important element
of our coordination with states.

We have added language regarding state
coordination in the area of coal
combustion residuals on page 28 for
clarity. There appears to be sufficient
reference to collaboration with states in
the recycling/circular economy section
on pages 31 to 32.

OLEM has revised the
following two bullets on page
28 to read, as follows:

For OLEM headquarters:
Continue to implement the
WIIN Act bv supporting states
in the development of state
programs, bv reviewing and
approving state programs;
and, by establishing and
beginning to implement a
federal permit program on
Indian lands and in non-
participating states.

For EPA regional offices:
Support OLEM with
supporting states in the

l


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance









development of state
programs and in review and
approval of state CCR permit
programs.

Climate adaptation and
environmental justice (EJ) are
mentioned throughout the
National Program Guidance, but
this document is still only targeting
high level incorporation /
consideration. State and Territorial
(State) waste and cleanup
programs need definitive direction
regarding what these
considerations are for the various
OLEM programs so that States can
respond accordingly. These
current EJ directions are being
incorporated into FY23-24 State
work plans now and there are still
concerns around commitments
without a clear understanding of
expectations.

Association of
State and
Territorial Solid
Waste

Management
Officials

Through
-out

OLEM is in process of finalizing an OLEM
specific EJ Action Plan and an
implementation plan for OLEM related
actions under Goal 2 of EPA's FY 23 - 26
Strategic Plan. These plans will be
completed by September 30, 2022 and
will include specific actions that OLEM
programs are currently or soon will be
taking to integrate EJ considerations into
their decision making processes and
work in communities. Many of these
actions require coordination with state
partners. States may use these plans and
the high level EJ guidance in the OLEM
NPG to develop their FY 23 - 24 State
work plans as well as guide other work
efforts that may arise in FY 23.

Through implementation of OLEM's
2022 Climate Adaptation
Implementation Plan, the effort will
expand assessments for newly identified
climate vulnerabilities with a focus on
communities located near contaminated
or waste management sites, municipal

OLEM has added the
following activity on pages
36-37 concerning the Office
of Underground Storage Tank
program's EJ Implementation
Guidance:

"EPA developed and shared a
series of options for
consideration when
integrating EJ into program
decisions."

2


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance







waste management facilities or waste
recycling facilities. The effort will place
emphasis on communities with potential
environmental justice concerns that may
require additional engagement to
evaluate and address climate
vulnerabilities.



RCRA Permitting:

First bullet item under
Headquarters: ASTSWMO
appreciates EPA's plan to increase
the number of updated
permits. EPA should be mindful of
the nature of RCRA Subtitle C
permits and not place undue
decision timeframes on these
permits, as in prior to expiration
date of the permits when
applications are arriving 180 days
prior to such date. Alternatively,
EPA should consider clarifying the
regulations to requiring renewals
be provided at a much earlier date
than 180 days prior to expiration.

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 17-
18

Updating RCRA permits is important to
ensure that permitting decisions reflect
the latest technology, standards, and
policy, and that the permit remains
protective under changing conditions,
such as climate change. Updating
permits also ensures communities have
an opportunity to engage in the
permitting process overtime,
particularly as communities also change
over time. Under this goal, an updated
permit means a permit not past permit
expiration; however, the goal is 80%
permits updated, not 100% and
therefore, there is flexibility to meet the
goal while still accounting for some
permits past expiration. In fact, from
EPA's analysis, about half of the RCRA
permits past expiration are actually two
or more years past expiration. Therefore,
it seems that just addressing the most

No revisions needed, at this
time.

3


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance







backlogged of the backlogged permits
would get to the 80% goal. Relatedly,
EPA is considering, in its forthcoming
Permitting Updates proposed
rulemaking, whether to propose
clarifying changes related to when RCRA
renewal applications should be
submitted.



Third bullet item under
Headquarters: EPA is encouraged
to ensure consistencies in how EJ is
implemented at Subtitle C
permitted facilities across the
country. We recommend this
include clarity on the purpose and
usage of EJ in making permit
decisions where permit
applications are technically
adequate.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 18

EPA's Legal Tools to Advance
Environmental Justice provides claritv on
the purpose and usage of EJ in making
permit decisions. OLEM has updated this
bullet to reflect this tool and to align
with other Agency tools on EJ and
climate change in permitting. We also
note that under the OLEM EJ Action
Plan, there are activities underway that
we believe are contributing or will
contribute to greater consistency and
understanding of application of EJ
principles within the RCRA permitting
and corrective action programs.

OLEM has revised activities
on pages 18-20 to read, as
follows:

"Support and implement
efforts to consider
environmental justice, equity,
and climate change in RCRA
permitting in alignment with
agencv guidance and tools,
such as the EPA Legal Tools to
Advance Environmental
Justice."

RCRA Corrective Action (CA):

CA Goal 5: ASTSWMO appreciates
EPA flexibility in adjusting the
universe of facilities in the cleanup
pipeline, and requests that careful
consideration be given to
consistency of doing so through
the regions.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 21

OLEM appreciates ASTSWMO's and the
states' support for adjusting the universe
and for all the Corrective Action 2030
Goals. Thank you for highlighting
consistency across the regions, it is
helpful for improving our
implementation of the goals.

No revisions needed, at this
time.

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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

Implementation of the WIIN Act / CCR Disposal Rule:

There is no mention of regulatory
action by Headquarters for the
remaining Coal Combustion
Residuals (CCR rules), yet there is
mention of approving State
programs and establishing /
beginning to implement the
federal permit program.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 28

On page 27, the text notes that OLEM
and ORCR will develop key, high priority
rules and mentions the WIIN Act in that
context, but we do not catalogue
upcoming rules in the document - for
CCR or for other areas of regulatory
development.

No revisions needed, at this
time.

We have concern that EPA's focus
on "extensive reviews of
compliance information found on a
facility's publicly accessible CCR
internet site" may not provide the
complete picture of a site since the
rule only requires specific
information to be posted.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 28

EPA looks beyond facility website data in
assessing compliance. OLEM coordinates
with EPA's Office of Enforcement and
Compliance Assurance, whose role is to
delve deeper into compliance issues
when appropriate.

No revisions needed, at this
time.

None of the bullet items charge
Headquarters or Regions with
supporting States in development
of State CCR permit programs, or
collaborating with ASTSWMO to
assist with the information-sharing
between Headquarters and States.

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 28

OLEM is committed to supporting the
states on CCR. We have added language
to two activities clarifying this support.

OLEM has revised the
following two bullets on page
28 to read, as follows:

For OLEM headquarters:
Continue to implement the
WIIN Act bv supporting states
in the development of state
programs, bv reviewing and
approving state programs;
and, by establishing and

5


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance









beginning to implement a
federal permit program on
Indian lands and in non-
participating states.

For EPA regional offices:
Support OLEM with
supporting states in the
development of state
programs and in review and
approval of state CCR permit
programs.

Improving Recycling and Advancing a Circular Economy for Materials:

The second paragraph mentions an
EPA study assessing the social costs
associated with waste, then a
Headquarters bullet item states
'conduct a study' . Has this study
been initiated? How does it relate
to the study noted in (2) in the
bullet item, "Finalize and release
GAO reports and studies initiated
in FY21, ..."?

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 30

The Social Cost of Waste study is in
development. The study mentioned in
the text, as well as in the fifth bullet, are
the same study. It is also the same study
that was part of the GAO's request for
FY21.

No revisions needed, at this
time.

6


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

This section differentiates
between waste and recoverable
materials, but limits its
characterization of concerns over
social costs to those associated
with waste. Is this intentional or
does EPA contemplate including
the impacts of materials
management activities like
recycling and composting in
environmental justice areas?

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 30-
31

The GAO report is specific to the social
cost of disposal. EPA intends to include
the impacts of materials management
activities like recycling and composting
in environmental justice areas in future
reports developed as part of the
implementation of the National
Recycling Strategy.

No revisions needed, at this
time.

There are several references in the
opening section conducting
studies and developing reports
between the various legislative
initiatives. How, if at all, are these
studies related? Does EPA
anticipate an element of
connectivity between these
reports or will each stand on its
own?

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 30-
31

Each report will stand on its own, but as
we release them, we will ensure to put
them in the context of all our work
including the Circular Economy
Strategies work and the Bipartisan
Infrastructure Law work.

No revisions needed, at this
time.

General note: The status of many
of the identified reports is framed
in the present tense. Is there any
publicly available information on
those items?

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 30-
31

The status of all the reports is not yet
available on our website, but we are
working on it. However, if you sign up to
stav connected here, vou will be notified
as all the reports are released.

No revisions needed, at this
time.

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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

Under Regions, there is a bullet
item to support national solid
waste management data collection
efforts and activities. What does
this look like? How does it play into
EPA recommending (or requiring) a
nationalized reporting standard for
waste and recycling? Is the intent
is to support States in data
collection, or will it support a U.S.
metrics system that is able to
compare apples to apples?

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 31

We are currently developing what this
will look like now. EPA is working to
develop data needs for the two new
Bipartisan Infrastructure Law grant
programs as well as to support the
National Recycling Goal and the Food
Loss and Waste Goal. The goal will be to
support a consistent U.S. metric as well
as to support the states as we build
more data capacity. We look forward to
working with ASTSWMO and states as
we move forward with the data
collection efforts.

No revisions needed, at this
time.

Materials management and life
cycle analysis shows us that the
larger impacts of the materials we
manage occur upstream, during
manufacture and production. This
illustrates why reduction and reuse
of materials, including packaging,
has more environmental benefit
than recycling. However, this
national guidance focuses almost
solely on recycling. We feel the
guidance would be more powerful
and effective if it included these
more important and higher priority
aspects of the waste management
hierarchy - reduce and reuse.
There is growing focus on

Environmental
Council of the
States

Pages 29-
31

(Improving

Recycling

and

Advancing
the

Circular
Economy)

EPA is focused on the entire life-cycle of
waste including the upstream elements,
which is why we expanded the Recycling
Strategy to be part of a Circular Economy
Strategy. EPA is working with
stakeholders to reduce upstream
materials and understands that Congress
is considering extended producer
responsibility laws as a means of
advancing a circular economy.

No revisions needed, at this
time.

8


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

reduction and reuse, on a variety of
levels. This is an area where EPA
funding and support could help
immensely. EPA's scope should
incorporate reduction and reuse
into its funding and operational
priorities and strategies. Producer
responsibility: There are certainly
changes needed in our recycling
system, which have become very
clear in the past few years. Many
acknowledge that systemic
changes are needed, to included
producer engagement and
responsibility. An increasing
number of producers are calling for
some form of producer
responsibility in the recycling
system. There are now three states
with new laws in place setting up
such a system, and bills have been
introduced in more than a dozen
other states. One producer
organization, The Recycling
Partnership, has estimated that
$17 billion of investments is
needed to make all the needed
changes to the recycling system.
While the $350 million in grants
offered by EPA is historic and will









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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

be very helpful to some
governments, it is not near
enough. These grants do not
acknowledge the needed system
change or the new partners
(producers) who are increasing
their role to address the recycling
challenges in recycling. EPA's scope
should incorporate the growing
role and need for producer
responsibility in the recycling
system.









Reducing Food Loss and Waste:

Will there be incentives for States
to implement policies to aid in
achieving the U.S. goal to reduce
food loss and waste by 50% by
2030?

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 32

The Bipartisan Infrastructure Law will
provide EPA with funding for solid waste
infrastructure grants - which includes
food and organics as part of municipal
solid waste management.

Food is a valuable resource.
Implementing policies to reduce food
loss and waste provide tangible benefits,
such as increasing food security,
productivity, and economic efficiency;
and addressing climate change and
conserving energy and resources.

No revisions needed, at this
time.

10


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

The first item under Headquarters
indicates EPA will provide credible
information and data on wasted
food. Are any of these data
developed and sharable beyond
what is on the EPA website?

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 32

The material specific data for food, 2018
Wasted Food Report and Wasted Food
Measurement Methodology are the
most recent data on wasted food
available. EPA will continue to review,
improve and update our data as often as
possible.

No revisions needed, at this
time.

What is the scope of the funding
opportunities identified in the
Headquarters portion of this
section?

Association of
State and
Territorial Solid
Waste

Management
Officials

Page 32

EPA national and regional funding
opportunities along with other
applicable agency funding opportunities
are posted when available on the
Sustainable Management of Food
Funding Opportunities page and shared
in the SMM newsletter.

Recent national EPA grants were the
Supporting Anaerobic Digestion in
Communities funding opportunity.

EPA anticipates additional funding
opportunities with the related Bipartisan
Infrastructure Law waste prevention,
reuse and recycling grant programs.

No revisions needed, at this
time.

Streamlining Business Processes:

In evaluating business processes, it
will be important for EPA to take a
step back from what has always
been done and evaluate if the
processes are truly making a
difference. For example, reducing

Arizona
Department of
Environmental
Quality

Page 9

We agree that evaluating business
processes is a good business practice.
OLEM's Federal Facilities Superfund
program developed and released a
document titled, Best Management
Practices for Reducing Durations at

OLEM has added the
following activity under
Ensure Protective Remedies
on page 8: "Implement an
innovative real-time workflow
module that provides the

11


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

the time it takes to investigate a
site or to implement a remedy and
to ultimately close a contaminated
site are key metrics we measure at
ADEQ. We implement
countermeasures if we encounter
barriers to achieving the mission
and develop standard work to help
sustain the improvements. 1
encourage EPA to think outside of
the box whenever possible to
accelerate cleanups...more mission
good.





Federal Facility NPL Sites in October of
2021. The document identifies issues
and recommendations for progressing
sites through the CERCLA pipeline more
efficiently.

In FY 2021, applying these initiatives at
Federal Facilities Superfund sites has
reduced cleanup durations program-
wide by 9%.

The program has met with and offered
to partner with the other federal
agencies (OFAs) in developing site-
specific strategies to streamline
investigation and/or remediation efforts.
The program also is developing an
innovative real-time module that will
provide key information on site progress
and enable the program to highlight
accomplishments and delays of key
milestones.

Our draft guidance includes the
following activity, related to evaluating
business practices:

Implement and improve program and
resource data analytical tools that
quantify interim progress towards site
completion against investments

program with key information
on the root cause of delays of
key milestones and partner
with OFAs, regional offices,
and states to develop site-
specific strategies to
streamline program
obstacles."

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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance







expended and estimate investments
needed to achieve timely completion of
planned milestones.



EPA has demonstrated the ability
to work on innovative approaches
to solving problems. An example of
this is the development of the Triad
approach for site investigations,
particularly at hazardous waste
site. Triad uses systematic
planning, dynamic workplans, and
real-time data collection systems
to streamline site investigations.
This approach focuses on the
mission of quickly understanding
impacts to human health and the
environment, so actions to address
those issues can be deployed as
soon as possible. This type of
innovation and thinking should be
deployed as EPA looks to
streamline business processes.

Arizona
Department of
Environmental
Quality

Page 9

EPA's Federal Facilities Superfund
program is developing an innovative
real-time module that will provide the
program with key information on the
root cause of delays of key milestones.

As noted in response to your
previous comment, OLEM has
added the following activity
under Ensure Protective
Remedies on page 8:
"Implement an innovative
real-time workflow module
that provides the program
with key information on the
root cause of delays of key
milestones and partner with
OFAs, regional offices, and
states to develop site-specific
strategies to streamline
program obstacles."

Streamlining business processes
will also be crucial as the nation
deals with per- and polyfluoroalkyl
substances - known as PFAS. ADEQ
appreciates EPA's efforts to
develop a Maximum Contaminant

Arizona
Department of
Environmental
Quality

Page 9

OLEM's role in EPA's commitment to
partnering with states and regions in
protecting human health and the
environment from PFOA/PFAS is
described on page 3 of the draft OLEM
National Program Guidance. EPA is

No revisions needed, at this
time.

13


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

Level (MCL) for a few of the PFAS
substances. The PFAS strategic
roadmap states that the regulatory
scope under OLEM is still seeking
public comments. The linkage and
measurable actions for each of its
impacts is not clear on the NPG.
This generic approach might create
confusion to the regions and states
and clarifying the PFAS area under
streamlining the businesses might
lead to the efforts accomplishing
our shared goals.





partnering with other federal agencies,
states, tribes, and local communities to
assess the nature and extent of PFAS
contamination and will coordinate with
responsible parties and lead federal
agencies to identify and use effective
remediation approaches. To support the
agency goal to further advance and
expedite the implementation of EPA's
PFAS Strategic Roadmap, which includes
a goal to "Broaden and accelerate the
cleanup of PFAS contamination to
protect human health and ecological
systems," OLEM is supporting EPA's
Council on PFAS and, as part of the
agency's PFAS Strategic Roadmap,
proposing to designate PFOA and PFOS
as CERCLA hazardous substances.
Moreover, OLEM will also take steps to
propose adding four PFAS chemicals as
RCRA hazardous constituents and
separately to clarify EPA's authority to
require investigation and cleanup for
wastes that meet the statutory
definition of hazardous waste.



14


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

The PFAS strategic roadmap states
that the regulatory scope under
OLEM is still seeking public
comments. The linkage and
measurable actions for each of its
impacts is not clear in the NPG. This
generic approach might create
confusion to the regions and states
and clarifying the PFAS area under
streamlining the businesses might
lead to the efforts accomplishing
our shared goals.

Environmental
Council of the
States

Page 9

Please see previous comments from the
Arizona Department of Environmental
Quality and response.



In summary, the national priorities
of EPA need to be aligned and
linked well with measurements in
the streamlining business
processes section in order to
accelerate environmental
protection at national, regional
and state levels.

Arizona
Department of
Environmental
Quality

Page 9

OLEM's Federal Facilities Superfund
program has internal goals to evaluate
the Five-Year Review process. The
program reviews all Five-Year Reviews to
ensure national consistency and meets
on a weekly basis to discuss issues,
monitor performance, and track goals.

The Federal Facilities Superfund program
coordinates with regional offices to
target, track and analyze key program
measures of Decision Documents and
Remedial Action Completions on an
annual basis. The program carefully
considers progress on these key metrics
and works closely with the other federal
agencies and EPA regional offices to
progress sites through the cleanup

OLEM has revised its draft
language on page 9, to read
as follows: "Follow an internal
review strategy to discuss
issues, monitor performance,
and track goals to ensure
long-term remedy
protectiveness by reviewing
and identifying issues during
statutory Five-Year Reviews."

OLEM also has added the
following activity on page 9:
"Coordinate with regional
offices to target, track and
analyze key program

15


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance







process.

measures and progress of
Decision Documents and
Remedial Action Completions
on an annual basis and
partner with the OFAs and
regions to progress sites
through the cleanup
process."

In summary, the national priorities
of EPA to be aligned and linked well
with measurements in the
streamlining business processes
section in order to accelerate
environmental protection at
national, regional and state levels.

Environmental
Council of the
States

Page 9

Please see previous comment from
Arizona Department of Environmental
Quality and response.



In that context, we see an
opportunity for EPA to focus on
"streamlining the business
processes (page 9 of the NPG
document)" and expand it for
TSCA and PFAS as well. That clarity
on actions and measurements on
business processes would provide
guidance to the regional offices,
states, manufacturers, suppliers,
customers and other involved
stakeholders in those processes.

Environmental
Council of the
States

Pages 9,
24-25

OLEM is committed to continuous
process improvement, and we will
continue to look for opportunities to
streamline. At EPA, OLEM reviews and
approves PCB cleanup, storage, and
disposal activities. EPA's Office of
Chemical Safety and Pollution
Prevention (OCSPP) manages the
process for assessing and managing
chemicals under TSCA.

Our colleagues in OCSPP provided the

No revisions needed, at this
time.

16


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

For example, there are more than
43,000 active chemicals in the
market and EPA processes
approximately 500 chemicals
every year. However, the NPG
document mentions only PCB
material regulated under TSCA
(Page 24-25). The need to address
the plan to streamline that
investigation, risk assessment, and
stakeholder communication
process for other active chemicals
that pose high risk is critical in this
emerging contaminants trend.





following information concerning risk
management for PFAS under TSCA: "EPA
provides publicly accessible information
on its website

https://www.epa.gov/assessing-and-
managing-chemicals-under-tsca/risk-



management-and-polvfluoroalkvl-

substances-pfas"

Outside of the additional PFAS
substances, we know there are
more chemicals out there that will
require evaluation. In fact, there
are more than 43,000 active
chemicals in the market today.
However, the NPG document
mentions only PCB material
regulated under the Toxic
Substance Control Act (Page 24-
25). The need to address the plan
to streamline that investigation,
risk assessment, and stakeholder
communication process for other
active chemicals that pose high
risk is critical in these emerging

Arizona
Department of
Environmental
Quality

Pages 24-
25

Please see previous comment from the
Environmental Council of the States and
response.



17


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

contaminants trend. That clarity
on actions and measurements on
business processes would provide
guidance to the regional offices,
states, manufacturers, suppliers,
customers and other involved
stakeholders in those processes.









Many FY23 target metrics are
missing. Are these intentionally
blank, or are numbers still to
come?

Was this list developed based on
consultation with the programs in
the States and filtered up to the
list, so States should know if their
programs have goals on this list
already?

If there are specific sites on the list,
can those be substituted for others
going forward as conditions on the
ground change?

States should be made aware of
impacts to their programs should
goals not be met.

Association of
State and
Territorial Solid
Waste

Management
Officials

Pages 46-
47

The OLEM NPG includes measures
supporting the FY 2022-2026 EPA
Strategic Plan, FY 2023 Congressional
Justification and Annual Performance
Plan and additional measures important
to program management. The agency's
headquarters and regional commitment-
setting process for these measures, and
for other internally-tracked measures,
occurs each year in the fall. National
targets for additional measures not
included in the agency's strategic plan or
budget will be determined as part of this
process.

No revisions needed, at this
time.

18


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Comment

Commenter(s)

Location
in Draft
Guidance

National Program Offices Response

Action Taken in Final
Guidance

Tribal Issues:

The Navajo Nation strongly
recommends a cross-agency
approach to the Navajo
Abandoned Uranium Mine Sites.

The Navajo
Nation

Pages 10-
12

The Ten-Year Plan on Federal Actions to
Address Impacts of Uranium
Contamination on the Navajo Nation is a
cross-agency approach in responding to
Navajo AUM sites, within statutory and
budgetary limitations. EPA will continue
to work with the Navajo Nation EPA to
explore cross-agency approaches to the
Navajo Nation Abandoned Uranium
mine sites.

OLEM has revised its draft
activity language on page 11,
to read as follows: "Continue
to strengthen tribal
relationships by establishing
local field offices enabling
cross-agencv efforts at or
near the abandoned uranium
mine sites on Navajo Nation
lands."

The Navajo Nation Environmental
Protection Agency requires
funding to help the agency
respond to emergencies.

The Navajo
Nation

Pages 10-
12

EPA does not have dedicated funding for
this purpose but will continue to provide
technical assistance and outreach to
tribes and other stakeholders as part of
our effort to ensure national safety and
security for chemical and oil responses.
EPA also will continue to respond to
emergency cleanups as necessary on
tribal lands.

No revisions needed, at this
time.

19


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