RESPONSE TO COMMENTS
FY 2025-2026 NATIONAL PROGRAM GUIDANCE
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
EPA Publication Number: 305R24001
Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
FY 2024-2027 National Enforcement and Compliance
Initiatives (NECIs), number 6 - Chemical Accident Risk
Reduction. This NECI states that the "criminal program
will also continue to coordinate with civil enforcement
programs at the state (if one of the delegated states)
and federal level to target companies and individuals
who consistently violate integral risk management
program elements." The CME Task Force previously
encouraged, in comments to EPA on the FY 2024-2027
NECIs, that Regional EPA and State RCRA compliance
officials to be consulted when selecting facilities for
General Duty Clause (GDC) / Risk Management Plan
(RMP) inspections. A familiarity with, and awareness of,
a facility's waste handling procedures often leads to
ASTSWMO
Compliance
Monitoring and
Enforcement
(CME) Task
Force
Page 15
Thank you for your comment. As
EPA works to implement the FY
2024-2027 NECIs, civil and
criminal enforcement teams
continue to coordinate (see the
Strategic Civil-Criminal
Enforcement Policy at
https://www.epa.gov/svstem/file
s/documents/2024-04/strategic-
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
civil-criminal-enforcement-policv-
april-2024.pdf) and engage with
state and local agencies, as
appropriate.
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
familiarity with management practices associated with
raw materials, production processes and workplace
culture as it relates to safety. Local officials may be
aware of significant changes at a facility, including but
not limited to, changes in ownership, management,
production processes, that can potentially lead to
production upsets and / or accidents. Local officials can
also provide valuable insight about overburdened areas
located close to a facility in question and its vulnerability
to natural hazards and climate change. The Task Force
maintains that this collaborative approach to targeting
facilities for GDC / RMP inspections will yield positive
results.
Section IV, Implementing Other Core Work, A.2. -
Compliance Monitoring Strategies (CMS). The document
states that, "the CMSs have evolved over time and may
be supplanted with approved Alternative Compliance
Monitoring Strategies (ACMSs) to provide co-regulators
with flexibility to address local pollution and compliance
concerns, while maintaining the basic expectations for
national regulatory program integrity." The CME Task
Force encourages this approach and has shared our
interest in formal training or information sessions with
OECA that not only highlight flexibility but also explain
the baseline approach. The Task Force is working with
the Office of Compliance to provide such training to
ASTSWMO members.
ASTSWMO CME
Task Force
Top of Page
18
Thank you for your comment.
The EPA Office of Compliance
looks forward to working with
ASTSWMO to plan and conduct a
webinar for states on
implementation of the
flexibilities. EPA Office of
Compliance staff members will
reach out to ASTSWMO to begin
planning.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Field Activities: Inspector Credentialing, Quality
Assurance Field Activities Procedures, and Final Policy
on Inspection Report Timeliness. In number 6 under EPA
ASTSWMO CME
Task Force
Page 21
Thank you for your comment.
EPA remains committed to
supporting our co-regulators. EPA
No revision to
the National
Program
2
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
activities, the document states, "EPA will support and
encourage inspector training and development at EPA
and in authorized states..." The Task Force is very
supportive of this activity, and encourages EPA to
provide inspector training, such as Basic Inspector
Training, to State and Territorial (State) hazardous waste
program inspectors. The Task Force would like to see
more opportunities for in-person training by EPA and its
contractors. In-person EPA training is valuable for staff
and can assist with onboarding of new staff, building
staff knowledge, and retaining staff.
continually evaluates how to best
support each program given
individual program needs and
resources. Some programs' State
and Tribal Assistance Grants
include line-item designations for
inspector training and other
forms of technical assistance. EPA
also strives to provide online and
in-person inspector training
opportunities in other areas for
our co-regulators to the extent
our resources allow. EPA looks
forward to partnering with our
co-regulators to provide
inspector training opportunities
for staff at the federal, state,
tribal and local levels.
Guidance is
necessary in
response to
this comment.
RCRA Subtitle C and D Compliance Assurance and
Enforcement Programs. In the EPA activities section,
number 4, the document speaks to training
opportunities, indicating EPA intends to provide State
trainings about various topics. As noted previously, the
Task Force supports and would like to see EPA training
opportunities expanded, to include training on such
topics as the Definition of Solid Waste, Sampling
Training, Introduction to Groundwater Investigations,
Land Disposal Restrictions, and Waste Analysis Plans.
We reiterate our interest in having the opportunity for
in-person training by EPA and its contractors.
ASTSWMO CME
Task Force
Bottom of
Page 35
Thank you for recommending
these training topics. EPA is
currently developing a
groundwater training but has not
decided the format(s) for
delivery. EPA is also currently
considering a sampling training in
early FY 2025. We will work to
explore training opportunities for
the other topics listed. Thank you
for letting us know of these
needs.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
3
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
RCRA Subtitle C and D Compliance Assurance and
Enforcement Programs. The next to last bullet on the
bottom of page 36 speaks to RCRA Data Integrity to
include e-manifest. The Task Force supports EPA
enhancements to RCRA Data Integrity.
ASTSWMO CME
Task Force
Bottom of
Page 36
Thank you for the support on
enhancing RCRA data integrity.
EPA will continue to work closely
with ASTSWMO on this effort.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
RCRA Subtitle C and D Compliance Assurance and
Enforcement Programs. In the expectations for States
section, the second point indicates that States may use
the flexibilities described in the RCRA CMS. As previously
noted, the Task Force encourages EPA to provide
training for States on implementation of the flexibilities.
ASTSWMO CME
Task Force
Middle of
Page 37
Thank you for your comment.
The EPA Office of Compliance
looks forward to working with
ASTSWMO to plan and conduct a
webinar for states on
implementation of the
flexibilities. EPA Office of
Compliance staff members will
reach out to ASTSWMO to begin
planning.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
OECA says that it seeks to strengthen enforcement in
communities with environmental justice concerns.
Consistent with our early input on the FY25-26 NPGs and
previous comments on earlier guidances (for example,
https://www.4cleanair.org/wp-
content/uploads/Documents/NACAANPMComments-
FY20-21-05022019.pdf), NACAA supports this
underpinning principle. This aligns with the first
recommendation in NACAA's January 15, 2021
Transition Letter to the Biden-Harris Administration
(https://www.4cleanair.org/wp-
NACAA
Page 6,
(Introduction
, Section
IIA)
Thank you for your comment.
EPA acknowledges and
appreciates the NACAA's support
of the agency's strategies to
center environmental justice into
our policies and programs.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
4
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
content/uploads/NACAA2021PresidentialTransitionDocu
ment-01152021.pdf), that "EPA should make the
consideration of racial justice and protection of
overburdened communities from the impacts of
pollution and climate change a central focus across all
decisions that affect their residents. Environmental
Justice (EJ) should not be just a single program within
EPA, it should be integrated prominently into every
program across EPA." It continues that "EPA's permitting
and enforcement efforts should be among the first areas
of focus for these activities. When EJ is placed as a
central concern in permitting and enforcement, it
creates immediate opportunities for reducing harms to
the communities most heavily burdened by pollution
impacts. EPA should consider the permitting and
enforcement models of NACAA member agencies that
have centered disproportionately affected
communities." We reiterate our support for this here.
EPA's discussion of state and local collaboration includes
mention of "building state capacity, supporting state
actions..." etc. As noted above, EPA needs to be more
active and effective at ensuring that its state and local
partners are resourced, trained and have effective
coordination and technical assistance from EPA in our
role as co-regulators.
Enforcement of new rules will not keep pace without
additional resources to affect data gathering and action
taken to support compliance and address violations. In
our January 28, 2022 comments on the EPA's proposed
NACAA
Pages 5-7
Thank you for your comment.
EPA acknowledges and
appreciates that the state and
local agencies conduct the bulk of
the CAA compliance monitoring
and enforcement work nationally
and that new standards can
increase the number of regulated
sources and the scope of the
compliance monitoring and
enforcement programs. Through
efforts such as the Mitigating
Added
language to
Section II.C
5
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
NSPS for the Oil and Gas Sector
(https://www.4cleanair.org/wp-
content/uploads/NACAA-Oil-and-GasNSPS-Comment-
Letter-01_28_2022.pdf), NACAA noted that "all agencies
face inadequate resources to meet their existing and
emerging Clean Air Act responsibilities. For agencies that
have a daunting number of sources and already-
stretched funding, human resources, and equipment,
the rule will create implementation challenges if EPA
does not become a more effective advocate for fully
funding these agencies, and matching the regulatory
responsibilities assigned to these agencies with the
resources to carry them out. "New EPA rules will
overburden agencies with many new sources requiring
new inspection and enforcement actions with
unchanged funding, resources and support. The Agency
has a responsibility to address this issue.
Climate Change NECI EPA is
committed to improving
outreach to state and local
partners and to providing
regulatory guidance to help
promote national consistency in
implementation of the oil and gas
regulations. We will continue to
assist with interstate knowledge
sharing and offer joint
inspections, as appropriate. In
addition, many facilities in the oil
and gas sector will be subject to
Title V of the CAA. Title V permit
fees are required to cover all
"reasonable (direct and indirect)
costs required to develop and
administer" the permit program
(seethe 2023 Fee Evaluation and
Oversight Guidance for 40 CFR
Part 70). State and local agencies
have authority to adjust permit
fees to ensure compliance
monitoring and enforcement
work is adequately funded.
EPA added the following
language to Section II.C: "In
addition, EPA is committed to
improving outreach to state and
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
local agencies and to providing
regulatory guidance to help
promote national consistency,
and to share knowledge, and
offer state and local agencies
training on new and existing
regulations."
In Section II A "Advancing Environmental Justice/' EPA
calls for involvement of disadvantaged and vulnerable
communities, and for improving the outcomes for these
communities in their protection from environmental
harms. OECA's recommendation aligns with NACAA's
January 15, 2021 Transition Letter, which states that
"Permitting and enforcement are the areas of Clean Air
Act implementation that most tangibly affect the lives of
people in communities that bear disproportionate
health burdens from air pollution. It is critically
important that the voices of these communities are
solicited, heard and respected. EPA should work with its
state and local partners to address and overcome
barriers to meaningful public participation in these
communities and endeavor to prevent inequitable
outcomes." We reiterate that recommendation here.
NACAA's January 15, 2021 Transition Letter also noted
that "Under a series of policy memoranda, the
Department of Justice (DOJ) has ended the inclusion of
supplemental environmental projects (SEPs) in
settlement agreements with EPA. EPA and DOJ should
reconsider this policy and reinstate the option of using
NACAA
Page 7
Thank you for your comment.
Part of the May 5, 2022 joint
announcement by EPA and the
Department of Justice (DOJ)
regarding DOJ's EJ strategy
included the reinstatement of
Supplemental Environmental
Projects (SEPs). EPA agrees that
SEPs help to fulfill the goals of
the underlying statutes being
enforced and can provide
important environmental and
public health benefits to
communities that have been
harmed by environmental
violations.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
7
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
SEPs as a way to harness clean air benefits via civil
penalty mitigation. SEPs have proven to be a powerful
mechanism for providing needed resources to
communities overburdened by air pollution resulting
from noncompliance with environmental laws." NACAA
urges the effective return to use of environmentally
beneficial and health protective SEPs as an enforcement
instrument.
(See: https://www.4cleanair.org/wp-
content/uploads/NACAA2021PresidentialTransitionDocu
ment-01152021.pdf)
Section II B on compliance related to climate change
includes new emphasis on AIM Act implementation. We
reiterate our call earlier in these comments for EPA to
coordinate with NACAA agencies, particularly those with
existing HFC regulatory programs, and to assure they
have the resources needed to act effectively as partners
and co-regulators.
(See: https://www.4cleanair.org/wp-
content/uploads/Final-
NACAA_7_2_2 l_Com m ents_H FC_AI M_ACT-1. pdf)
NACAA
Page 10
Thank you for your comment. As
EPA takes steps to implement
existing and new programs and
authorities, we will work
collaboratively with states,
territories, tribes, and local
agencies, as appropriate.
Added
language in
the National
Program
Guidance in
the 5th
paragraph of
Section II B.
Section II B starts with a commitment to reducing illegal
hydrofluorocarbon (HFC) and methane emissions under
rules that have clear basis in finalized rules. The same
section states that "We will also prioritize reductions of
other GHGs by bringing enforcement actions to address
illegal emissions of carbon dioxide and other pollutants
that contribute to climate change." NACAA has
commented on EPA's methane, HFC, vehicle and power
NACAA
Page 10
Thank you for your comment. As
EPA takes steps to implement
existing and new programs and
authorities, we will work
collaboratively with states,
territories, tribes, and local
agencies, as appropriate.
Added
language in
the National
Program
Guidance in
the 5th
paragraph of
Section II B.
8
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
sector rules setting on GHG emission standards. As EPA
stands up new programs beyond methane and HFC
compliance, the agency should coordinate closely with
our agencies before taking enforcement actions that
relate to new programs that only recently been, or may
not yet have been, finalized. State and local agencies
have existing programs and EPA should make every
effort to coordinate with these agencies and leverage
their experience, widespread presence, institutional
strengths, and expertise.
Section II C makes reference to the National Compliance
Initiatives. The agency sought input on the new cycle of
National Compliance Initiatives (NCIs) for FY 2020 to
2023. On May 2, 2019, NACAA provided comments on
the proposed FY 2020-2023 NCIs
(https://www.4cleanair.org/wp-
content/uploads/Documents/NACAANPMComments-
FY20-21-05022019.pdf), and these remain our
recommendations. In that letter, NACAA recommended
that both state and local clean air agencies be explicitly
included as partners in the list of NCIs related to air
pollution. NACAA also offered longstanding support for
addressing violations related to aftermarket tampering
of vehicles, and we support continued efforts as
outlined on Page 13.
NACAA recommends EPA invest in improving
notification points of contact and in improving
coordination with state and local agencies in the
implementation of this NCI. We explain in greater detail
NACAA
Pages 10-13
Thank you for your comment. As
EPA works to implement the FY
2024-2027 NECIs, we will
continue to coordinate and work
collaboratively with state and
local agencies, as appropriate.
Added
language in
the National
Program
Guidance in
the 1st
paragraph of
Section II C.
9
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
in a later comment addressing Section IV A 4, which
flags the role of state and local agencies in addressing
complaints; EPA should be strategic about how this
coordination takes place.
In Section IV on implementing other core work, EPA
articulates a number of programs like the State Review
Framework that implicate a large workload for state and
local air agencies. As reflected in our response to OAR,
EPA should work to assure that state and local
enforcement efforts have sufficient resources from the
federal government to accomplish our role as
enforcement co-regulators. In addition to grant funding,
key areas that EPA can facilitate are the provision of
technical assistance and training.
NACAA
Page 17
Thank you for your comment.
Core program activities, including
compliance monitoring, data
reporting, and inspector training
and credentialing are a critical
part of ensuring compliance with
environmental regulations. The
State Review Framework (SRF)
ensures a fair and consistent
level of core enforcement across
all states and territories. EPA
recognizes the importance of
these activities and will dedicate
adequate resources and trainings
to state and local governments to
accomplish their objectives.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Section IV A 4 notes the mechanisms available for citizen
complaints to EPA as an entry point for enforcement
actions, and calls for "States, territories, tribes, and
localities operating authorized program" to "also
consider public tips and complaints when performing
their compliance and enforcement functions." OECA
should engage strategically with all state and local
agencies to coordinate and streamline the
communications between co-regulators, creating
NACAA
Page 18
Thank you for this suggestion.
EPA is planning to begin a
modernization of the Report a
Violation (RAV) system in FY 2025
and will engage a working group
and invite state, territorial, tribal,
and local officials to provide
feedback with the goal of
streamline the tip collection and
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
10
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
synergies and leveraging existing institutional
infrastructure and reducing the amount of inefficiency in
coordinating these citizen complaint services.
assignment process.
Section IV. A notes the joint role EPA and state and local
agencies play in enforcing the Clean Air Act. EPA should
treat these agencies in a regionally consistent manner to
the extent possible. Therefore, headquarters should
work closely with regional offices to implement new
guidance.
In conjunction with state and local agency input, EPA
should continue to work toward global-sector
settlements where appropriate. This would include
continued pursuit of global settlements already in
progress.
Finally, as NACAA has stated in previous letters on
National Program Guidances to OECA, it is important
that EPA continue to act as a federal backstop and
environmental presence to aid state and local agencies
in enforcement activities.
NACAA
Page 19
Thank you for your comment.
EPA prioritizes coordination with
state and local agencies
regarding compliance monitoring
and enforcement activities. EPA
values the partnerships we have
with state and local agencies, is
committed to providing them
with consistent support, and will
step in where appropriate to take
federal action. This includes
engaging in global-sector
settlements where possible.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
In Section IV. A 5, EPA articulates a goal that "state and
EPA implemented programs are evaluated
consistently..." NACAA strongly supports this objective
and reiterates that regional variation can create
inconsistencies in the SRF program, and that EPA should
continue to invest in its own enforcement infrastructure
(like ICIS and ECHO) to enable SRF reviews to be
seamless and without undue burden on state agencies.
As a community of agencies, NACAA continues to be
NACAA
Page 19
Thank you for your comment.
The State Review Framework
(SRF) program strives to promote
consistent, and equitable,
evaluation of state and EPA-
implemented programs. EPA
continuously works with states to
improve the SRF program,
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
11
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
involved in the modernization of the Integrated
Compliance Information System (ICIS) and OECA should
continue to make NACAA a central partner in that effort.
As OECA develops new tools to assist in targeting and
screening, it should involve the NACAA community of
agencies at every stage.
including through development
of its round five guidance. EPA is
also committed to supporting
data tools like ICIS and ECHO. In
May 2024, EPA initiated a
modernization effort with
stakeholders to replace ICIS with
a more sustainable and user-
friendly IT solution. The ICIS-Air
Focus Area workgroup is a
collaboration with state, local
and tribal governments to
develop requirements for the ICIS
modernization project.
Representatives from state, local
and tribal governments were
invited to join the workgroup.
NACAA will be given opportunity
to independently review work
products and provide input.
In Section IV.B.1.5, EPA notes that it will focus some of
its compliance assurance and enforcement energy on
"sources with potential significant noncompliance in
nonattainment areas or sources with potential
significant noncompliance that contribute to
nonattainment." NACAA supports EPA targeting
resources to affect the most urgent pollution harm
reductions, but also suggests that EPA do so in
NACAA
Page 23
Thank you for your comment. As
EPA engages with communities,
we will continue to coordinate
and work collaboratively with
state and local agencies, as
appropriate.
Revisions to
NPG Section II
B and C of the
National
Program
Guidance.
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
consultation with affected agencies, which may already
have significant resources directed at these issues of
noncompliance. EPA would then be able to engage in
areas without existing programs and attention to bring
about the most effective results.
Item 3 of the agency's Title II vehicle and engine
enforcement program priorities include addressing
emission controls on vehicle engines and equipment
that have been illegally tampered with. NACAA supports
this recommendation and urges EPA to return this
priority to its list of national enforcement and
compliance initiatives. EPA has identified a focus on
commercial fleets and on maintenance shops that
engage in illegal tampering; NACAA recommends that
resellers and marketers also be included in this area of
focus.
NACAA
Page 25
Thank you for your comment.
Illegal vehicle tampering
continues to be a key focus for
EPA. We are working to uncover
and address violations including
by vehicle and engine
manufacturers as well as by
aftermarket defeat device
manufacturers, marketers, and
retailers.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
EPA continues to challenge the effectiveness of state's
programs by having a high priority focus on guidance-
based elements such as climate and environmental
justice while downplaying core program regulatory
elements and their increasing costs. Rather than
addressing these guidance-based elements through
policy, EPA should do this through rulemaking,
consulting with states, tribes, and local governments
following the principle of cooperative federalism and
allowing for public participation. Any implementation
and enforcement requirements should come from final
regulations.
South Dakota
DANR
Page 11
Thank you for your comment. We
shared your comments with the
regulatory national program
managers at EPA.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
EPA notes that states have the ability to supplant the
national Compliance Monitoring Strategy (CMS) with an
South Dakota
DANR
Pages 17-18
Thank you for your comment.
The national compliance
No revision to
the National
13
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
approved Alternative Compliance Monitoring Strategy
(ACMS), to provide co-regulators with flexibility to
address local pollution and compliance concerns, while
maintaining the basic expectations for national
regulatory program integrity. This option is practical and
desirable, however, the actual process of getting an
ACMS approved is not practical, and revision is merited.
monitoring strategies provide
flexibilities to enable state and
local agencies to address
localized concerns or priorities.
For agencies interested in going
beyond currently available
flexibilities by proposing an
alternative CMS plan, EPA will
continue to coordinate closely
and engage in a collaborative
process that allows for ongoing
dialogue and takes into account
individual circumstances.
Program
Guidance is
necessary in
response to
this comment.
DANR appreciates EPA acknowledging the need to
ensure EPA and state personnel receive training to
perform high-quality field work (OECA NPG pp 20-21). In
recognition of the loss of institutional knowledge
through retirements and job movement and influx of
new employees, this training need continues to exist.
Federal training opportunities are needed.
South Dakota
DANR
Pages 20-21
Thank you for your comment.
EPA remains committed to
supporting our co-regulators.
Some programs' STAG include
line-item designations for
training and other forms of
technical assistance. EPA
continually evaluates how best to
support each program given
individual program needs and
resources. EPA also strives to
provide online and in-person
training opportunities in other
areas for our co-regulators to the
extent our resources allow,
recognizing the important role
coregulators play in training their
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
14
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
own staff and partnering with
EPA in training activities at the
federal, state, tribal and local
levels.
AAPCA members appreciate EPA OECA's commitment to
state and local government collaboration in compliance
assurance work and enforcement programs, in particular
efforts to build state capacity and support state actions
consistent with the updated 2023 Guidance on Effective
Partnerships Between EPA and the States in Civil and
Compliance Assurance.
AAPCA
Page 5
Section 1.
Introduction
Thank you for your support for
EPA's efforts to build state
capacity and collaborate with
state and local government
consistent with the updated 2023
Guidance on Effective
Partnerships Between EPA and
the States in Civil and Compliance
Assurance.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
AAPCA continues to support the FY 2024 - 2027
National Enforcement and Compliance Initiatives (NECIs)
for air. State and local agencies are vital partners as EPA
evaluates the current NECIs and potential new ones
beginning in FY 2028.
AAPCA
Pages 11 -15
Section II. Key
Programmatic
Priorities
C. FY 2024-
2027 National
Enforcement
and
Compliance
Initiatives
(NECIs)
Thank you for your comment. As
EPA works to implement the
NECIs, we will continue to
coordinate and work
collaboratively with state and
local agencies, as appropriate.
Added
language in
the National
Program
Guidance in
the 1st
paragraph of
Section II C.
AAPCA and state and local agencies are providing key
direction and input as EPA undertakes modernization of
the Integrated Compliance Information System (ICIS).
The transition to ICIS/ICIS-Air created difficulties for
agencies, and EPA OECA should consistently engage and
take feedback from agencies.
AAPCA
Page 18
Section IV.
Implementing
Other Core
Work
A. Cross-
Thank you for your comment. In
May 2024, EPA initiated the ICIS-
Air Focus Area workgroup to
collaborate with state, local and
tribal governments on developing
requirements for the ICIS
No revision to
the National
Program
Guidance is
necessary in
15
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
program
Activities (3.
Data
Reporting)
modernization project.
Representatives from state, local
and tribal governments are
invited to join the workgroup.
response to
this comment.
AAPCA welcomes EPA's continued engagement with
states to identify and implement updates and
improvements to the State Review Framework (SRF)
program as EPA starts its fifth round of SRF reviews in FY
2024, which will continue through FY 2028.
AAPCA
Page 19
Section IV.
Implementing
Other Core
Work
A. Cross-
program
Activities (5.
State and
Direct
Implementati
on Program
Oversight and
Improvement)
Thank you for your comment.
EPA continually works with states
to identify and implement
updates and improvements to
the SRF program and will
continue to do so. The SRF Round
5 incorporates changes based on
comments from regions, states,
and state associations provided
through its media-specific
workgroups. EPA welcomes
feedback from states as we
conduct round five reviews.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
EPA OECA states that an Agency activity for FY 2025 -
2026 will be to "Support and encourage inspector
training and development at EPA and in authorized
states, territories, and Tribes."
To clarify, AAPCA notes that state and local agencies
have previously stressed the importance of EPA taking a
primary role in the development of training materials,
courses, and other learning opportunities.
AAPCA
Page 21
Section IV.
Implementing
Other Core
Work
A. Cross-
program
Activities (6.
Field
Activities)
Thank you for your comment.
EPA continually evaluates how
best to support each program
given individual program needs
and resources. EPA also strives to
provides online and in-person
training opportunities in other
areas for our co-regulators to the
extent our resources allow,
recognizing the important role
coregulators play in training their
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
16
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
own staff and partnering with
EPA in training activities at the
federal, state, tribal and local
levels.
EPA OECA's draft Guidance indicates that in Authorized
Programs, the Agency will negotiate compliance
monitoring strategy (CMS) and alternative compliance
monitoring strategy (ACMS) plans with states, which will
include an effort to "Maximize the flexibilities by
considering each agency's unique situation." AAPCA
members support this commitment and suggest that
OECA consider off-site compliance monitoring.
AAPCA
Page 23
Section IV.
Implementing
Other Core
Work
B. Program-
specific
Activities (1.
Clean Air Act)
Thank you for your comment.
Section V of EPA's 2016
Compliance Monitoring Strategy
explains that compliance
monitoring activities
can include both on-site
compliance evaluations and off-
site compliance monitoring
activities. To address localized
concerns and priorities,
state/local agencies may take
advantage of the CMS
flexibilities, including the use of
off-site compliance monitoring
activities, in implementing
regionally approved alternative
CMS plans. If states or local
authorities have questions
regarding off-site compliance
monitoring in the context of the
CMS, we encourage them to
reach out to their EPA regional
office.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
AAPCA supports the Agency's continued work to
investigate and prosecute violations of prohibitions in
CAA Section 203(a), which should continue to be
AAPCA
Page 24
Section IV.
Implementing
Illegal vehicle tampering
continues to be a key focus for
EPA. We are working to uncover
No revision to
the National
Program
17
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
prioritized even though "Stopping Aftermarket Defeat
Devices for Vehicles and Engines" is no longer an NECI as
it was for FY 2020 through FY 2023.
Other Core
Work
B. Program-
specific
Activities (1.
Clean Air Act)
and address violations including
by vehicle and engine
manufacturers as well as by
aftermarket defeat device
manufacturers, marketers, and
retailers.
Guidance is
necessary in
response to
this comment.
"OECA has committed to increase inspections in areas of
EJ concern, from past levels of about 30%, to 50% in
2024, and 55% in 2025 and 2026."
Care should be taken to target limited inspection
resources toward potential violations with the greatest
potential for harm overall, and not solely based on areas
of EJ concern.
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(A)(1), (page
6).
Thank you for your comment. In
addition to EPA's commitment to
target inspections in areas of EJ
concern, EPA prioritizes
inspections in program priority
areas called National
Enforcement Compliance
Initiatives (NECIs). Taken
together, the NECIs focus on the
most serious environmental
violations across media: air,
water, and toxics.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
"OECA expects that more inspections in
overburdened communities will help us to address the
most serious threats to communities. "
It is unclear how targeting inspections in overburdened
communities will help address "the most serious
threats." What is defined as a "most serious threat" and
how will this effort be measured to be determined if it
was successful in reducing "the most serious threats." As
this section discusses EJ communities, is the definition of
"the most serious threat" a combined environmental
burden to the community or a single targeted
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(A)(1), (page
7).
Inspections to assess compliance
with settlements and other legal
requirements are critical to
uncovering violations of
environmental laws and
deterring unlawful conduct that
may harm communities,
especially those that are
overburdened or more
vulnerable to the effects of
contamination. Increasing EPA's
presence in overburdened and
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
18
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
environmental threat.
vulnerable communities is a
cornerstone of OECA's EJ
strategy. OECA will continue to
use tools such as EJScreen to
provide insight into areas and
communities that may be
experiencing disproportionate
impacts.
"Direct outreach to local communities and
worker or industry safety regulations."
Outreach regarding worker or industry safety
regulations seems to be the responsibility of the
Occupational Safety and Health Administration. EPA
should partner with Federal and/or State OSHA
programs for community or industry outreach regarding
these topics.
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(A)(1), (page
7).
Thank you for your comment.
EPA acknowledges that worker or
industry safety regulations is the
responsibility of the Occupational
Safety and Health Administration
and will partner with Federal
and/or State OSHA programs for
community or industry outreach
regarding these topics. EPA also
understands that increased
outreach to local communities or
providing greater public access to
compliance information or data
can promote a community's
ability to better understand and
manage risks and monitor
compliance at local facilities.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
"....to proactively investigate and prevent threatened
releases in overburdened and/or underserved
communities;"
Responsibilities under CERCLA and RCRA to "prevent
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(A)(3), (page
8).
Thank you for your comment.
EPA's actions and prioritization
are focused on addressing the
greatest risks to the most
vulnerable populations and are
No revision to
the National
Program
Guidance is
necessary in
19
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
threatened releases" should be a goal of the programs
as a whole, and not targeted to one identified
community.
not targeted to one identified
community. EPA uses geographic
information systems (GIS), census
data and other information
systems to understand other
community impacts. The agency
also is committed to
environmental issues arising in
overburdened communities.
response to
this comment.
"Instructing case teams to take enforcement steps to
expedite clean ups in overburdened communities to
address the most urgent risks to human health."
If the goal of the program is to enforce and expedite
cleanups to address the "most urgent risks to human
health", a national or regional risk-based ranking system
should be developed to target those environmental
concerns of greatest overall risk, irrespective of the
community impacted.
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(A)(3), (page
9).
Thank you for your comment.
The agency's approach to
cleanups is based on human
health and environmental risks.
The greater challenges
overburdened communities may
face from exposure to harmful
pollutants. Under CERCLA, the
agency conducts assessments
using the Hazard Ranking System
to determine whether sites
should be listed on the National
Priority List, the list of the
nation's most contaminated
sites, requiring Superfund
response actions.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
"There are approximately 800 Federal Facilities with
known or suspected PAFS contamination, including 275
facilities where the Department of Defense is currently
conducting or will conduct Remedial Investigations."
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(C)(2), (page
11).
Thank you for your comment.
Addressing exposure to PFAS
contamination is an OECA
National Enforcement and
Compliance Initiative, and we are
No revision to
the National
Program
Guidance is
necessary in
20
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
The DOD is the lead agency to investigate and remediate
releases on Federal Facility properties and is currently
conducting Remedial Investigations at Federal Facilities.
States, in conjunction with their DOD partners, work to
implement and oversee cleanup activities at Federal
Facilities, including PFAS investigations. EPA should
continue to be a partner in this effort and be available as
technical assistance for PFAS related issues.
looking forward to working with
states to address PFAS
contamination at federal facilities
not on the National Priorities List
(NPL). For federal facility sites on
the NPL, EPA is the lead oversight
agency for cleanup and will use
all enforcement authorities
available to address PFAS
contamination.
response to
this comment.
"Noncompliance with the CCR requirements
appears to be widespread...."
WDEQ suggests the EPA work on approving state CCR
primacy programs, as oversight can often be more
efficiently conducted by local authorities with working
knowledge of the facilities. In addition, based on the
number of enforcement cases for CCR facilities being
brought forward, the comment that "noncompliance is
widespread" does not appear to be the case.
Wyoming
Department of
Environmental
Quality
Section II. Key
Programmatic
Priorities
(C)(3), (page
12).
Thank you for your comment
about coal ash program
approvals and noncompliance.
CCR program approval is not an
enforcement function and does
not utilize enforcement
resources. EPA has, however,
committed significant
enforcement resources to
address noncompliance with the
coal ash regulations through the
FY 2024-2027 National
Enforcement and Compliance
Initiative. Information on
settlements and EPA's
enforcement alert are publicly
available at:
https://www.epa.gov/coalash/en
forcement-initiative-alert-and-
settlements
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
21
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
Tips and Complaints.
When tips and complaints that come into the EPA for
regulatory areas where a state may have primacy, the
EPA should reach out to the state immediately in order
to first verify if the state has been informed of the
complaint or not, to verify the state response to the
complaint, and then to coordinate with the state
regarding compliance or enforcement issues. The first
opportunity to respond to tips and complaints should
fall to the state with the regulatory authority.
Wyoming
Department of
Environmental
Quality
Section IV.
Implementing
Other Core
Work (A)(4),
(page 18).
Thank you for your comment.
The EPA primarily receives citizen
tips through the Report a
Violation (RAV) system.
Approximately ninety percent of
tips received are immediately
routed to the EPA regional
offices. When received, those tips
are evaluated for primacy, and
then forwarded to the state for
action if the state is determined
to have primacy. RAV does not
currently have a standard
method to track tips have been
forwarded to the state. We will
consider this comment during a
modernization of RAV planned to
begin in FY 2025. States will be
engaged to provide feedback on
the routing of tips in the
modernized system.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
General Section Comment: Each activity listed in this
section should identify if the requirements are
applicable to RCRA Subtitle C or Subtitle D facilities, or
both.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
35-37). RCRA
Thank you for your comment.
EPA has revised the National
Program Guidance to provide
clarity.
Revisions to
National
Program
Guidance
pages 35-37
to clarify the
applicable
22
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
Subtitle C
and D
Compliance
and
Enforcement
Programs.
RCRA
requirements.
EPA Activities #4 (page 35): Training opportunities
available on FedTalent should be reviewed and
updated as needed based on changes to regulations and
industry information.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
35-37). RCRA
Subtitle C
and D
Compliance
and
Enforcement
Programs.
Thank you for your comment.
FedTalent training modules
required for credentialing were
recently reviewed. As resources
allow, EPA will review and update
other training materials.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
EPA Activities #6 (page 36): When conducting
inspections in a primacy state, the EPA should notify the
state regulators and include the state in the inspection
process. Compliance issues should be communicated to
state enforcement programs immediately. In addition,
finalized inspection reports should be submitted to the
facility within a reasonable timeframe (i.e. 60 days).
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
35-37). RCRA
Subtitle C
and D
Compliance
and
Thank you for your comment
about conducting inspections.
EPA's practice is to communicate
and coordinate with state
regulators prior to scheduling
inspections and sampling events.
Often, state inspectors join EPA
inspectors at these inspections
and sampling events or are given
the opportunity to do so. After
finalizing inspection reports and
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
23
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
Enforcement
Programs.
analyzing sampling results, EPA
may communicate information
about the violations to the state
partner via a confidentiality
agreement or other
arrangement. With respect to
finalizing inspection reports and
sending them to facilities, EPA
has an inspection report
timeliness policy, accessed at
https://www.epa.gov/sites/defau
lt/files/2018-
07/documents/inspectionreportp
olicy.pdf.
EPA Activities #7 - bullets #4 and #6 (page 36): Updated
training should be provided regarding waste
determinations and changes in regulations that may
impact determinations or land disposal requirements at
a federal level. In addition, an annual summary webinar
or meeting should be offered by EPA to review and
communicate to state compliance and enforcement
programs common compliance issues seen over the
prior year.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
35-37). RCRA
Subtitle C
and D
Compliance
and
Enforcement
Programs.
Thank you for your comment.
EPA appreciates this suggestion.
We will work with ASTSWMO to
further understand the specifics
of the request and develop
options to address it.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
EPA Activities #9 (page 37): "Encourage states to
participate in data collection on outcomes related to
offsite compliance monitoring."
Wyoming
Department of
Environmental
Section IV.
Resource
Conservation
Thank you for your comment.
EPA deleted the sentence from
the National Program Guidance.
Deleted the
sentence
"Encourage
24
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Location in
Draft
Guidance
Action
Comment
Commenter(s)
National Program Offices
Response
Taken in
Final
Guidance
Quality
and Recovery
states to
This statement is not concise and it is unclear on what is
Act (RCRA)
participate in
being requested.
(B)(6), (page
35-37). RCRA
Subtitle C
and D
Compliance
and
Enforcement
Programs.
data
collection on
outcomes
related to
off site
compliance
monitoring."
Expectations for States #3 (page 37): Coordination
Wyoming
Section IV.
Thank you for your comment.
Deleted the
regarding permits (development, renewals or
Department of
Resource
EPA deleted the sentence from
sentence
modifications) are done at the request of the state. The
Environmental
Conservation
the National Program Guidance.
"When
EPA is provided an opportunity to review and
Quality
and Recovery
permits or
provide comments during the public notice process.
Act (RCRA)
OECA consulted with OLEM and
orders are
(B)(6), (page
EPA reviews state RCRA permits
being
35-37). RCRA
prior to the public comment
developed,
Subtitle C
period as part of the Agency's
renewed, or
and D
oversight role of authorized state
modified,
Compliance
programs.
coordinate to
and
ensure that
Enforcement
they contain
Programs.
clear
schedules for
enforcement
processes as
appropriate."
General EPA Activities #1 (page 37): Compliance cannot
Wyoming
Section IV.
Thank you for your comment
No revision to
be solely verified by review of facility documents
Department of
Resource
about compliance assessments.
the National
25
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
provided on the facility CCR website. In addition, if a
suspected compliance issue is identified during a desk-
top file review, an onsite facility inspection should be
conducted to verify compliance issues.
Environmental
Quality
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
37-38). RCRA
Coal
Combustion
Residuals
(CCR)
Compliance
Assurance and
Enforcement
Program.
In EPA's experience, a desk-top
file review can, and often does,
identify noncompliance with coal
ash regulations. Nonetheless, in
fact-specific circumstances, the
enforcement program will
prioritize on-site inspections as
needed. For example, certain
sites and facilities present the
need for structural stability
experts and/or engineers to
observe and document site
conditions.
Program
Guidance is
necessary in
response to
this comment.
General EPA Activities #2 (page 37): EPA was provided
the authority to establish a Federal CCR program in
December 2016. In the intervening 89 months, a Federal
CCR Program has yet to be established. In addition, EPA
proposed a Federal CCR permit Program in February
2020, but no additional action has been taken after
more than 4 years. As no Federal CCR program has yet
been established, the WDEQ suggests that the EPA work
with States to obtain primacy as states can be timelier in
standing up new regulatory programs.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
37-38). RCRA
Coal
Combustion
Residuals
(CCR)
Compliance
Assurance and
Enforcement
Program.
Thank you for your comment
about EPA's CCR enforcement
program. EPA has issued several
final CCR rules since Congress
passed the Water Infrastructure
Improvements for the Nation
(WIIN) Act in December 2016,
giving EPA permitting authority
for CCR facilities.
https://www.epa.gov/coalash/co
al-ash-rule. In addition, EPA
continues to dedicate significant
resources towards CCR
Enforcement. EPA has completed
4 CCR enforcement actions
involving hundreds of acres and
millions of tons of disposed coal
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
26
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
ash and a bankruptcy settlement
related to ensuring funds are
available for CCR work. In the
first half of FY 2024, EPA also
completed compliance
assessments at 64 units and has
many more underway. EPA has
also presented CCR Program
training to over 500 staff at the
federal and state level, including
staff from Wyoming DEQ.
General EPA Activities #4 (page 37): EPA should take
care when identifying facilities of "greatest risk to
human health" and verify that natural background water
quality is taken into consideration. Especially in
the arid west, there are areas when the available
groundwater is naturally not of potable water quality.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
37-38). RCRA
Coal
Combustion
Residuals
(CCR)
Compliance
Assurance and
Enforcement
Program.
Thank you for your comment.
Given the number of CCR units in
the US, EPA must prioritize its
compliance monitoring work,
which means putting surface
impoundments and landfills that
pose the greatest risk to the
communities around the facilities
and to the environment at the
top of our list. If after evaluating
CCR units for compliance with
CCR regulatory requirements, we
find violations, we will assess
taking action to compel a return
to compliance and assess
appropriate penalties.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
General EPA Activities #5 (page 38): Training should be
made available to all states, not just states that request
training. If the purpose of this statement was to state
Wyoming
Department of
Environmental
Section IV.
Resource
Conservation
Thank you for your comment
about trainings. EPA plans to
continue offering training to state
No revision to
the National
Program
27
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
that training would be provided to states that
decide to attend, and not have to specifically request
the training, then this statement should be made clear.
Training provided upon request is an inefficient use of
limited resources.
Quality
and Recovery
Act (RCRA)
(B)(6), (page
37-38). RCRA
Coal
Combustion
Residuals
(CCR)
Compliance
Assurance and
Enforcement
Program.
partners and intends to continue
recording trainings and make
them available to state partners
(as appropriate) on Fed Talent.
Guidance is
necessary in
response to
this comment.
Expectations for States with Approved Programs (page
38): Based on EPAs limited resources, the EPA
should work with states to set up and approve state CCR
programs.
Wyoming
Department of
Environmental
Quality
Section IV.
Resource
Conservation
and Recovery
Act (RCRA)
(B)(6), (page
37-38). RCRA
Coal
Combustion
Residuals
(CCR)
Compliance
Assurance and
Enforcement
Program.
Thank you for comment about
working with approved state
programs. EPA will continue to
work with both approved state
programs and not yet approved
programs.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Expectations for State, Territory, Tribal, or Local
Government Activities in Primacy Programs #2
(page 34): "Coordinate with EPA to review draft primacy
Wyoming
Department of
Environmental
Safe Drinking
Water Act
(SDWA) (B)(4),
Thank you for your comment on
primacy programs. SDWA Section
1422, 42 U.S.C. § 300h-l,
No revision to
the National
Program
28
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
program regulations throughout the
development process including drafting and finalizing
stages."
The Department is committed to coordinating with EPA
when promulgating rules related to primacy programs.
However, the Department will follow procedures
established in state rules and statues when
promulgating rules. On a case-by-case basis, the
Department will collaborate with EPA Region 8 to
determine review procedures to ensure that EPA, as the
oversight agency, has an appropriate role in the
rulemaking process. EPA's attempt to establish
requirements for state rulemaking procedures in the
NPGs is not appropriate.
Quality
(page 34).
SDWA
Underground
Injection
Control
(UIC)
Compliance
Assurance and
Enforcement
Program
requires primacy applicants to
meet EPA's minimum
requirements for UIC programs.
SDWA Section 1425, 42 U.S.C. §
300h-4, requires primacy
applicants to demonstrate their
standards are effective in
preventing endangerment of
underground sources of drinking
water. Further procedures for
primacy applicants are described
in 40 CFR Part 145. In articulating
this expectation, EPA is not
attempting to establish
requirements for state
rulemaking procedures. Rather,
EPA seeks to coordinate with
primacy applicants, as potential
co-regulators, during the
applicant's process to meet the
applicable minimum
requirements or to make the
applicable program
demonstration. This coordination
has no effect on a primacy
applicant's independent
rulemaking procedures.
Guidance is
necessary in
response to
this comment.
The Tribal Exchange Network Group (TXG) recommends
a 10% increase for all EPA media-specific grants to Tribes
that involve data collection, analysis, and reporting. This
Tribal Exchange
Network Group
(TXG)
n/a - general
comment
EPA's National Program
Guidances implement funding
decisions discussed in EPA's FY
No revision to
the National
Program
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will allow Tribes to budget for ever-increasing costs
related to the operations and maintenance of their data
management systems and technology solutions which
also help ensure continuity of Tribal data for local,
regional, and national decision-makers.
2025 President's Budget.
Program funding levels are
determined through the budget
process and not through the
NPGs.
Guidance is
necessary in
response to
this comment.
The Tribal Exchange Network Group (TXG) recommends
EPA media-program offices support the development
and delivery of data management and analysis trainings
and technical support resources that are specific to
Tribal needs and concerns.
Tribal Exchange
Network Group
(TXG)
n/a - general
comment
Thank you for your comment.
EPA often funds non-federal
organizations through
cooperative agreements/grants
to support the development and
delivery of data management and
analysis training to Tribes. Some
media program and regional
offices also may provide training
directly at national or more local
Tribal events. OECA looks
forward to continuing to work
with Tribes and our Tribal
Partnership Groups on this
important issue. We also
encourage the Tribal Exchange
Network Group to continue
working with EPA (the primary
contact is EPA's Office of Mission
Support) and the Tribal
Partnership Groups to identify
and address specific data
management trainings that Tribal
environmental professionals
need to operate their
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
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environmental programs
successfully.
There is a lot of discussion of making things easier, more
equitable, etc. as well as capacity building, etc. for
communities. But it is critical to recognize and then
provide for the need for ongoing education, workshops,
training, and evaluation for the government workers
including sensitivity and communication, recognizing
systems of oppression and working to change them, as
well as about how best to transparently and accountably
engage with communities. It is critical to equip staff with
the best understanding, language, formats, tools, and
other skills to work in an inclusive and equitable way
within a system that is designed in stark juxtaposition to
those values.
GAIA [Jessica
Roff]
Overview (and
all offices'
Guidance:
OAR, OW,
OECA, OLEM,
OCPP, OCIR,
OITA, OCFC,
OEJECR)
Thank you for your comment.
The EPA has embedded many of
the suggested competencies into
the draft "Achieving Health and
Environmental Protection
Through EPA's Meaningful
Involvement Policy", which
guides the EPA staff to provide
meaningful public involvement in
all its programs and regions.
Public comments on the draft
policy closed on January 16,
2024. The EPA is considering the
comments provided by the public
in developing the final policy.
Once the policy is finalized, there
are plans to develop and provide
training to support policy
implementation across the
EPA. The public review draft of
the policy is located on OEJECR's
website:
https://www.epa.gov/svstem/file
s/documents/2023-
12/final meaningful-
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
involvement-
policv earns 11.7.2023 508.pdf.
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Other recommendations within
your comment will be reviewed
and considered across the EPA.
EPA's Strategic Plan mentions improving partnerships.
We believe EPA should take more concrete steps in
recognition that "early, meaningful, and substantial
involvement of EPA's co-regulator partners is critical to
the development, implementation, and enforcement of
the nation's environmental programs." For example,
EPA should work directly with state Associations to
develop a well-defined, consistent process, including
checklists, that all EPA staff, states, tribes, and
territories will follow as it relates to when and how to
engage based on the final product being developed
(policy, technical documents, FAQs, regulations, etc).
Association of
Clean Water
Administrators
(ACWA)
Multiple
locations in
both the OW
and OECA
documents.
Thank you for your
comment. EPA agrees there is a
shared accountability to
achieving environmental
results. EPA values robust input
and participation from our
stakeholders and will continue to
work towards early involvement
with co-regulators and
stakeholders.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Climate change and environmental justice issues could
benefit from examples of inclusion and/or
implementation in Clean Water Act programs, that do
not increase requirements or costs, nor create new
scientific or legal uncertainty for regulators, permittees
and/or the public.
Association of
Clean Water
Administrators
(ACWA)
Multiple
locations in
both the OW
and OECA
documents.
Thank you for your comment.
EPA will continue to work
collaboratively with states,
territories, tribes, and local
agencies to highlight examples,
as appropriate, that address
climate change and
environmental justice.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
The length of time being offered to comment on a
proposed guidance document or rule sends a message
to states, territories, tribes, and other stakeholders.
"The shorter the comment period, the less interest EPA
has in getting thoughtful comments." 45 days should
always be the minimum time allocated for any proposed
water quality or policy/regulatory change, as it takes
Association of
Clean Water
Administrators
(ACWA)
Multiple
locations in
both the OW
and OECA
documents.
Thank you for your comment.
EPA values robust input and
participation from our
stakeholders. EPA will continue
to work towards early
involvement with co-regulators
and stakeholders.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
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time to develop thoughtful comments, and then get
them approved by upper management for submission to
the record.
In recognition of the loss of institutional knowledge at
the state level through retirements and job movement,
and influx of new state employees, increased training is
needed across the programs.
Association of
Clean Water
Administrators
(ACWA)
Multiple
locations in
both the OW
and OECA
documents.
Thank you for your comment.
EPA looks forward to working
with ACWA to provide training to
EPA and State employees.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Alternative Compliance Monitoring Strategy (ACMS) can
provide regulators with flexibility to address local
pollution and compliance concerns, while maintaining
the basic expectations for national regulatory program
integrity. Some states are seeing budget deficits
impacting state staffing levels that may lead to CMS
prioritization. EPA needs to remain flexible on ACMSs
and consider ways to streamline the review and
approval process.
Association of
Clean Water
Administrators
(ACWA)
Page 17
Thank you for your comment. As
the comment notes, the national
compliance monitoring strategies
provide flexibilities to enable
state and local agencies to
address localized concerns or
priorities. For agencies interested
in going beyond currently
available flexibilities by proposing
an alternative CMS plan, EPA will
continue to coordinate closely
and engage in a collaborative
process that allows for ongoing
dialogue and takes into account
individual circumstances.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
ICIS Modernization has the potential to help bring forth
a new era in data management and public transparency.
It also has the potential to mishandle new, large data
sets coming as a result of the NPDES eReporting Rule.
EPA needs to remain steadfast in its efforts to
Association of
Clean Water
Administrators
(ACWA)
Page 19
Thank you for your comment.
EPA acknowledges that ICIS
modernization will change the
way that environmental data is
managed. State engagement in
No revision to
the National
Program
Guidance is
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incorporate state input as part of the ICIS Modernization
effort.
the ICIS modernization effort is
pivotal in ensuring that
environmental data is properly
represented.
necessary in
response to
this comment.
ECOS suggests that U.S. EPA coordination with state and
local partners occur early on to encourage investment in
the cleanup and reuse of Superfund sites. In the Draft
Guidance, consultation with state and local partners
occurs later in the process during
the assessment of Institutional Controls.
ECOS
Pages 34-35;
General
Activities in
the
CERCLA
Program
Thank you for your comment.
EPA agrees that early
coordination with state and local
partners is important for cleanup
and reuse of superfund sites,
which is why EPA enters into
cooperative agreements or
coordinates with the appropriate
state when commencing any
CERCLA response action at a site.
In addition, EPA regularly holds
public meetings to update
communities on status of
investigations, remedy
alternatives, and to seek
comment on proposed cleanup
activities. Any agreement with a
party to conduct cleanup
contains robust community
engagement provisions.
Communities can and should
weigh in at these meetings with
thoughts about future reuse of
the site.
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
Electromagentic Fields (EMFs) are a pollutant. EMFs are
dangerous to human health and the environment,
National Call for
Safe Technology
Sec II.A. Key
Enforcement
Thank you for your comment.
EPA sets protective limits on
No revision to
the National
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particularly emanating from wireless infrastructure and
devices. EPA is doing nothing to protect either and must
claim jurisdiction over these areas. See comments to
NEJAC on 5-6-24 in Docket ID No. EPA-HQ-OEJECR-2024-
0146 from Wired Broadband, Inc. et al at
https://thenationalcall.org/wp-
content/uploads/2024/05/NEJAC-Letter-of-5-6-24-with-
7-6-22-Submission-Attached.pdf.
Radiation Safety: There is no one regulating safety of
this EMF radiation - not the EPA, FDA, FCC or the CDC
since the mid 1990s. See https://ehtrust.org/5g-and-
cell-tower-radiation-caught-in-a-regulatory-gap/ and
https://ehtrust.org/the-regulation-of-wireless-radiation-
in-the-united-states-exemplar-of-a-regulatory-gap/. The
EPA was involved in the research studying the safety of
this radiation in the 1990s; after the research concluded
that the radiation was dangerous producing biological
effects, the EPA was defunded. The research was run by
a Chief Scientist under Wireless Technology Research,
LLC (WTR), an independent, non-profit entity, with $28.5
million in funding from the wireless industry (sent into a
blind trust) and with scientific oversight by both an
independent Peer Review Board at the Harvard School
of Public Health and a U.S. Government Interagency
Working Group, chaired by the FDA, and including EPA,
OSHA, NIOSH, CDC, FCC, and NIH. This remains the
largest and most comprehensive, multi-disciplinary
program looking into wireless technology health effects
and risk management anywhere in the world to date.
and
Compliance
Activities to
Address
Environmenta
1 Justice p.6
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv(3fcc.gov.
Program
Guidance is
necessary in
response to
this comment.
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The results of this peer reviewed research were that
wireless radiation is biologically active producing
biological effects and potentially hazardous to human
health. See Wireless Phones and Health II: State of the
Science 2002 Edition, edited by George L. Carlo;
Wireless Phones and Health: Scientific Progress, edited
by George L. Carlo.
Prior to the Telecommunications Act of 1996, cabinet-
level regulatory agencies were responsible for the safety
of those exposed to radio frequency radiation: FDA was
responsible for devices including cell phones; EPA was
responsible for emissions from wireless infrastructure
including cell towers; OSHA was responsible for
workplace exposures. In the Telecommunications Act of
1996, as a means of simplifying deployment of new
digital wireless phones and facilitating the first-ever
spectrum auctions to the private sector, the FDA, EPA
and OSHA were relegated to advisory roles and the full
authority for public safety was vested in the non-
regulatory agency, the politically structured FCC. The
FCC had neither the competency nor the resources to
carry out the regulatory responsibilities and as such,
wireless technology remains to this date in a regulatory
void where consumers, proximal residents, and the
environment are largely un-protected. Therefore, the
EPA must reclaim its jurisdiction to continue reviewing
potential health effects of wireless radiation.
The WHO'S International Agency for Research on Cancer
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Action
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(IARC) classified EMF (2G and 3G) as a possible human
carcinogen in 2011, similar to lead, diesel fuel and
gasoline engine exhaust. See
https://www.iarc.who.int/wp-
content/uploads/2018/07/pr208_E.pdf. The EPA
regulates GHG from vehicles, then why not EMFs? A
scientist in that working group, along with others, are
now calling it a human carcinogen. See see Prof. Miller's
statement (former IARC Senior Epidemiologist and
Senior Scientist) at 00:15:06 at
https://www.youtube.com/watch?v=S16QI6-w9l8. Case
studies recently show consistently that exposure to 5G is
linked to injury. See
https://mdsafetech.org/2023/ll/20/5g-health-effects-
5-case-reports-of-health-symptoms-after-5g-cell-
towers-placed-in-sweden/. There has been no pre-
market testing of 5G for public safety, confirmed by US
Sen. Blumenthal. See
https://mdsafetech.org/2019/02/13/no-research-on-5g-
safety-senator-blumenthal-question-answered/.
A study in 2000 commissioned by one of the major
telecom carriers found links to cancer, leukemia,
neurological disorders and cognitive impairment. See
https://ehtrust.org/wp-
content/uploads/ecolog2000.pdf.
A telecom company in Switzerland filed for a patent to
reduce wireless radiation stating the reason being the
high risk of DNA damage and cancer from wireless
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radiation, citing that injury occurs through non-thermal
pathways. See
https://www.dropbox.com/scl/fi/nwdfklq7r7j2wwsipv7
ws/SwissCom-Patent-application-2003-2004-
W02004075583A1-1-
I.pdf?rlkey=liuy6175hamj24lbuszpe7vux&st=5p2oy0ji&
dl=0.
Non-ionizing RF radiation has been shown by scientists
and doctors to affect the structure of atoms or damage
DNA, sharing similar traits to ionizing radiation. A
renowned scientist, Dr. Golomb, clarifies that "much or
most of the damage by ionizing radiation, and radiation
above the thermal limit, occurs by mechanisms also
documented to occur without ionization, and below the
thermal limit." See https://mdsafetech.org/wp-
content/uploads/2017/09/golomb-sb649-5g-letter-8-22-
20171.pdf.
The National Toxicology Program in 2018 concluded
clear evidence of cancer from EMFs. "Dr. John Bucher,
Senior Scientist, at the National Toxicology Program
stated, "We have concluded that there was clear
evidence that male rats developed cancerous heart
tumors called malignant schwannomas. The occurrence
of malignant schwannomas in the hearts of male rats is
the strongest cancer finding in our study.")
https://stopsmartmeters.org.uk/wp-
content/uploads/2019/03/On-the-Clear-Evidence-of-
the-Risks-to-Children-from-Smartphone-and-WiFi-Radio-
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Action
Taken in
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Guidance
Frequency-Radiation_Final.pdf.
Dr. Golomb also states: "The best and the brightest are
among those whose lives - and ability to contribute to
society -will be destroyed. High profile individuals with
acknowledged electrohypersensitivity include, for
instance, Gro Harlem Brundtland - the former 3-time
Prime Minister of Norway and former Director General
of the World Health Organization; [and] Matti Niemela,
former Nokia Technology chief ... " Id.
Dr. Golomb cautions: "... if you have a child, or a
grandchild, his sperm, or her eggs (all of which she will
already have by the time she is a fetus in utero), will be
affected by the oxidative stress damage created by the
electromagnetic radiation, in a fashion that may affect
your future generations irreparably." Id.
See "Why Tech Leaders Don't Let Their Kids Use Tech,"
https://kidzu.co/health-wellbeing/why-tech-leaders-
dont-let-their-kids-use-tech/.
New Hampshire Commission that studied the health
impacts of wireless radiation found that levels below the
FCC emission limits can be harmful. See
http://www.gencourt.state.nh.us/statstudcomm/commi
ttees/1474/reports/5G%20final%20report.pdf.
The Board of Health of Pittsfield, MA issued an
emergency order to turn off a 4G cell tower that injured
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17 residents many of whom who could afford to
evacuated their homes. See https://ehtrust.org/cease-
and-desist-order-against-verizon-cell-tower-by-board-
of-health-pittsfield-ma/.
Children were found vomiting in their beds, pets were
vomiting and residents were becoming ill. See
https://ehtrust.org/family-injured-by-cell-tower-
radiation-in-pittsfield-massachusetts/. Three residents
recently died of cancer, suspected from this EMF
exposure.
Children are particularly vulnerable and are adversely
affected by EMF radiation in their environment, homes
and schools. See https://ehtrust.org/educate-
yourself/children-and-wireless-faqs/. See also, Key
Scientific Evidence and Public Health Policy
Recommendations, Supplement 2012, at 21, David 0.
Carpenter, MD, Director, Institute for Health and the
Environment University at Albany, Cindy Sage, MA, Sage
Associates, https://bioinitiative.org/wp-
content/uploads/pdfs/sec24_2012_Key_Scientific_Studi
es.pdf.https://bioinitiative.org/.
Children absorb more EMF radiation than adults, and
fetuses are at even greater risk. Children's "brain tissues
are more absorbent, their skulls are thinner and their
relative size is smaller." EMF radiation penetrates more
deeply into the skulls of children compared to adults, as
shown below in cell phone usage. See
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https://www.sciencedirect.com/science/article/pii/S221
3879X14000583, https://ehtrust.org/research-on-
childrens-vulnerability-to-cell-phone-radio-frequency-
radiation/,
https://pubmed.ncbi.nlm.nih.gov/21999884/.
Exposure to RF radiation "can result in degeneration of
the protective myelin sheath that surrounds brain
neurons" and "[d]igital dementia has been reported in
school age children." It also increases the risk of
childhood leukemia. See Why children absorb more
microwave radiation than adults: The consequences,
Morgan, Kesar and Davis, Journal of Microscopy and
Ultrastructure, Vol. 2, Issue 4, December 2014, 197-204,
https://www.sciencedirect.com/science/article/pii/S221
3879X14000583 and Key Scientific Evidence and Public
Health Policy Recommendations, 2007, at 19, David 0.
Carpenter, MD, Director, Institute for Health and the
Environment University at Albany, Cindy Sage, MA, Sage
Associates, https://bioinitiative.org/wp-
content/uploads/pdfs/sec24_2007_Key_Scientific_Studi
es.pdf.
Children's absorption of EMF radiation can be
demonstrated by how deeply the EMF radiation from
cell phones penetrates into their brains. See below
diagram. See Exposure limits: the underestimation of
absorbed cell phone radiation, especially in children,
Gandhi, Morgan, Augusto de Salles, Han, Heberman,
Davis, October 14, 2011,
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https://pubmed.ncbi.nlm.nih.gov/21999884/.
Children are more vulnerable
to RF microwave radiation.
5 Year Old Child
10 Year Old Child
Depth of absorption of cell phone radiation in a 5_-ysar old child, a IQ-yeaLold child, and in an adult from GSM cell phone ra
900 MHz, Color scale on right shows the SAR in Watts per kilogram. Source: Exposure limits: the underestim
phone radiation, especially in children
This image was submitted to EPA as part of a public
comment. Please contact National Call for Safe
Technology for any questions regarding this image.
EMF damage to the environment: There is no federal
agency setting safety limits for trees, birds or bees, nor
is there any funded mandate to do so.
The consequences of RF emissions from wireless
infrastructure on the public health and that of those
already disabled by EMF and other vulnerable
communities, including trees and pollinators and other
flora and fauna, are not just a future concern, they are
here. There may be an assumption built into climate
change mitigation that our forests may provide large-
scale carbon sequestration opportunities for emissions
and that protecting forests is needed to achieve some
level of carbon neutrality. See https://ehtrust.org/wp~
National Call for
Safe Technology
Sec. II.B. Key
Enforcement
and
Compliance
Activities to
Address
Climate
Change p.9
Thank you for your comment.
EPA sets protective limits on
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
and human exposure. The FCC
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
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Taken in
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Guidance
content/uploads/Letter-National-Park-Service-Sept-
2020-6.pdf.
Note: EMF radiation and RF radiation are used
interchangeably.
[Also restated under climate change, below] However,
any reliance on trees and forests as our carbon sink will
not be valid if trees and forests are damaged by the
increased proliferation of wireless infrastructure. RF
radiation from wireless infrastructure is not only
hazardous for the EMF disabled, but also for the flora
and fauna. See Effects of non-ionizing electromagnetic
fields on flora and fauna, part 1. Rising ambient EMF
levels in the environment, Levitt, Lai and Manville,
March 28, 2022,
https://pubmed.ncbi.nlm.nih.gov/34047144/. It has
been shown that trees are damaged by RF radiation
from mobile phone base stations, with damage starting
on one side and then "extending to the whole tree over
time." See Radiofrequency radiation injures trees
around mobile phone base stations, Aug. 24, 2016,
https://pubmed.ncbi.nlm.nih.gov/27552133/. Tree
damage was found with chronic exposure to radio
frequency. See https://ehtrust.org/wp-
content/uploads/tree-health-radiation-Schorpp-2011-
02-18.pdf. Any hoped-for carbon sequestration from
trees is not likely to occur if trees are damaged or die
from the proliferation of wireless infrastructure.
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv@fcc.gov.
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RF radiation also affects wildlife. Scientists have
observed at "vanishingly low intensities" toxic effects on
animals, including effects on "orientation and migration,
food finding, reproduction, mating, nest and den
building ... and longevity and survivorship" of wildlife.
See Levitt BB, Lai HC, Manville AM. Effects of non-
ionizing electromagnetic fields on flora and fauna, Part
3. Exposure standards, public policy, laws, and future
directions. Rev Environ Health. 2021 Sep 27. Doi:
10.1515/reveh-2021-0083. Epub ahead of print. PMID:
34563106.
https://pubmed.ncbi.nlm.nih.gov/34563106/. See also,
Part 1 Rising ambient EMF levels in the environment.
Rev Environ Health. 2021 May 27;37(1):81-122. doi:
10.1515/reveh-2021-0026. PMID: 34047144,
https://pubmed.ncbi.nlm.nih.gov/34047144/; and Part 2
Impacts: how species interact with natural and man-
made EMF. Rev Environ Health. 2021 Jul 8. doi:
10.1515/reveh-2021-0050.
https://pubmed.ncbi.nlm.nih.gov/34243228/.
Electromagnetic pollution from phone masts. Effects on
wildlife, Alfonso Balmori, August 2009,
https://www.sciencedirect.com/science/article/abs/pii/
S0928468009000030?via%3Dihub. See also, The
incidence of electromagnetic pollution on wild
mammals: A new "poison" with a slow effect on nature?
Alfonso Balmori, November 2009.
Bees, as our primary source of pollination, are injured
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from RF radiation which means a decrease in pollination
and, in turn, food production. A study showed that
"every time a bee approaches a power line or a cell
phone antenna, it becomes stressed and, therefore, its
internal temperature increases and the pollination
service decreases."
See Research confirms negative effects of power lines
on bees, May 3, 2022, https://ehtrust.org/research-
confirms-negative-effects-of-power-lines-on-bees/. EHT
Letter to US National Park Service on 5G, Cell Towers
and Impacts to Pollinators, Trees and Wildlife,
Sep 15, 2020, https://ehtrust.org/eht-letter-to-us-
national-park-service-on-5g-cell-towers-and-impacts-to-
pollinators-trees-and-wildlife/.
Johansson 0, "The Stockholm Declaration about 'Life
EMC'", Bee Culture Magazine 2022; May issue: 56-61,
https://safetechinternational.org/45ohansson-o-the-
stockholm-declaration-about-life-emc-bee-culture-
magazine-2022-may-issue-56-61/
Human health adversely affected by EMFs / Need for
Radiation Protection: It is estimated that at least 30% of
population is afflicted from this radiation poisoning and
about 1% is severely disabled that they can no longer
work or live in areas that have this radiation. The
disabled didn't see it coming. Exposure gives rise To a
constellation of symptoms, some of which include:
headaches, nausea, vomiting, tinnitus, hearing loss,
heart arrythmia, tachycardia, neurological disorders;
oxidative stress; immune dysfunction; ADHD, and
National Call for
Safe Technology
Sec II.A. Key
Enforcement
and
Compliance
Activities to
Address
Emvironment
al Justice p.6
SecV.D.
Federal Civil
Thank you for your comment.
EPA sets protective limits on
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
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damage to the blood-brain barrier. See
https://bioinitiative.org/conclusions/.
Based on a population of 332.4 million people in the
U.S., the numbers are shockingly high:
Can't work - 0.65% - 2.16 million
Severe symptoms - 1.5% - 4.99 million
Moderate symptoms - 5% -16.6 million
Mild symptoms - 30% - 99.7 million
See 2019 Bevington study,
https://mdsafetech.files.wordpress.com/2019/10/2018-
prevalence-of-electromagnetic-sensitivity.pdf.
Access to work is critical for disadvantaged
communities. The EMF disabled are most affected when
they cannot work safely in environments containing RF
radiation inside a building, such as Wi-Fi, or RF radiation
coming from outside a building from nearby base station
antennas. This is not a disability that only affects the
EMF disabled, but given the estimated number of
people with EMS symptoms in the U.S., it has the
potential of adversely affecting America's workforce.
EMS disability can be accommodated by creating RF
radiation free zones that employ only wired facilities in
the work and home environments.
Disability from electromagnetic field (EMF) radiation is
as silent and invisible as the toxin that creates the
disability in the first place. Those suffering from EMF
Rights
Responsibiitie
s, including
Title VI of the
Civil Rights Act
of 1964 p.51
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv@fcc.gov.
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exposure, however, cannot travel to Washington DC to
potentially sit on the Capitol steps to advocate for
themselves. EMF is so pervasive that any effort similar
to the "Capitol Crawl" to raise awareness would put
them at physical risk. These people have been silenced
and rejected. They are isolated from play with other
children, from study with fellow students, from
advancement in the workforce and the financial means
to support themselves in anything but subsidized
housing. But even federally-subsidized housing is
becoming inaccessible since those buildings appear to
be a target for wireless tower leases because it is the
path of least resistance in increasingly resistant
communities.
See History Series, "When the 'Capitol Crawl'
Dramatized the Need for Americans with Disabilities
Act," https://www.history.com/news/americans-with-
disabilities-act-1990-capitol-crawl.
The following chart shows a worsening of symptoms
when closer to a cell tower but a lessening of symptoms
when farther away from a cell tower.
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Rapid aging syndrome (RAS)
Electro-Hyper-Sensitivity (EHS)
1. Fatigue
2. Sleep disturbance
3. Headaches
4. Feeling of discomfort
5. Difficulty concentrating
6. Depression
7. Memory loss
8. Visual cfisruptions
9. Irritability
10. Hearing disruptions
11. Skin problems
12. Cardiovascular
13. Dizziness
14. Loss of appetite
15. Movement difficulties
16. Nausea
% respondents experiencing
symptoms 'very often'
ement difficulties
Residential distance of transmitter (m)
This image was submitted to EPA as part of a public
comment. Please contact National Call for Safe
Technology for any questions regarding this image.
Symptoms experienced by people near cellular phone
base stations; RF radiation affects the blood, heart and
autonomic nervous system.1 Source: Santini, et al
(France): Pathol Biol. 2002;50:S369-73.
Environmental Justice and Civil Rights
Disability from EMFs is as silent and invisible as the EMF
toxin that creates the disability in the first place. They
are isolated from play with other children, from study
with fellow students, from advancement in the
workforce and the financial means to support
themselves in anything but subsidized housing. But even
federally-subsidized housing is becoming inaccessible
since those buildings appear to be a target for wireless
National Call for
Safe Technology
Sec 11. A. Key
Enforcement
and
Compliance
Activities to
Address
Emvironment
al Justice p.6
Thank you for your comment.
EPA sets protective limits on
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
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tower leases because it is the path of least resistance in
increasingly resistant communities. Those suffering from
EMFs, however, cannot travel to Washington DC to
potentially sit on the Capitol steps to effectuate change.
That is what it took to get the Americans with
Disabilities Act of 1990 (ADA) passed. The "Capitol
Crawl" showed the disabled leaving their wheelchairs
behind as they crawled the Capitol steps, including an 8-
year old disabled girl. EMF is so pervasive that any effort
similar to the "Capitol Crawl" to raise awareness would
put those disabled by EMF at physical risk. These people
have been silenced and rejected.
This is particularly compelling since the DC Circuit Court
of Appeals ruled against the FCC in 2021 and remanded
its emission limits for its failure to review 11,000 pp of
scientific peer-reviewed studies showing harm below its
limits, along with accounts of personal injury. See
https://ehtrust.org/court-judgment-on-fccs-record-
review-of-1996-wireless-radiation-standards/. See also,
Wyoming Governor's letter to the FCC,
https://ehtrust.org/letter-to-the-honorable-jessica-
rosenworcel-chairwoman-federal-communications-
commission-from-wyoming-governor-mark-gordon-
children-and-fcc-wireless-radiation-safety-limits/.
Therefore, these limits do not protect the public but
provide a safe harbor for industry that shields it from
liability for personal injury so long as the industry
operates within the FCC exposure limits (the
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv@fcc.gov.
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Telecommunications Act of 1996 provides this shield,
heavily negotiated by industry at the time). To date, the
FCC has failed to comply with the court order.
Essentially, we're flying blind on public health and
safety. See US Senator Blumenthal at
https://mdsafetech.org/2019/02/13/no-research-on-5g-
safety-senator-blumenthal-question-answered/.
To put this in perspective, Martin L. Pall, PhD, Professor
Emeritus of Biochemistry and Basic Medical Sciences,
Washington State University, had provided in the FCC's
docket that the FCC's existing RF exposure limits "are
approximately 7.2 million times too high." See
https://ehtrust.org/appeals-court-tells-fcc-to-address-
non-thermal-health-impacts-of-radiation-from-wireless-
technology-on-children-the-public-and-the-
environment/.
The EMF disabled require equal access to web services
in a manner that does not injure them and that does not
otherwise put them in harm's way. They cannot use a
technology that is injuring them - EMF radiation.
The digital divide is no less relevant for the EMF disabled
who may not be able to use web-based services and
who cannot use mobile devices. For the EMF disabled,
being required to use mobile services and devices to
access necessary medical programs and services would
only guarantee the digital divide for the EMF disabled.
HHS must promulgate rules to ensure that access to
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such necessary services does not require wireless
connectivity on mobile devices.
Mention has been made of the pandemic and the need
for more web access. However, the best access is
through wired connections. For instance, the National
Telecommunications Information Administration (NTIA)
has prioritized fiber to the premises for the nation in
order to bridge the digital divide, not mobile.
See NTIA Official Acknowledges Clear Preference for
Fiber in Infrastructure Deployment Program, June 13,
2022, https://broadbandbreakfast.com/2022/06/ntia-
official-acknowledges-clear-preference-for-fiber-in-
infrastructure-deployment-program/.
Lest the EPA believes that mobile access will bridge the
digital divide, it will not. So, to digress a moment on the
benefits of fiber to the premises ... Underscoring the
importance of fiber over wireless, former FCC Chairman,
Tom Wheeler, in his March 2021 Congressional
testimony, described fiber as "future proof," and
prioritized a "fiber first" policy for the nation. See Tom
Wheeler's Testimony to Congress,
https://energycommerce.house.gov/sites/democrats.en
ergycommerce.house.gov/files/documents/Witness%20
Testimony_Wheeler_FC_2021.03.22.pdf. Wheeler's
statements point to the fact that wireless and fiber are
not equivalent broadband media, and that wireless
should be used only as a last resort. "Fiber is unmatched
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in its speed, performance [and] reliability ... " far
exceeding the promise of any generation of wireless
technology. See "Reinventing Wires: The Future of
Landlines and Networks/' National Institute for Science,
Law and Public Policy, authored by Timothy Schoechle,
PhD; https://electromagnetichealth.org/wp-
content/uploads/2018/02/Relnventing-Wires-l-25-
18.pdf.
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote learning
for children and students, particularly those who are
already EMF disabled, and more reliable access to
medical and other services for the elderly and disabled
during emergencies or severe weather when wireless
service is more likely to be interrupted. Wired
connections will also prevent the exclusion of the EMF
disabled who cannot be near RF radiation emitted from
mobile devices and equipment.
Grants should be provided for accommodations for the
EMF disabled. See below.
ACCESSIBILITY RECOMMENDATIONS
The importance of providing accommodation for the
EMF disabled for medical programs and services is two-
fold. First, exposure to RF / EMR / EMF / MW radiation
in medical facilities can be life-threatening. Second, a
"patient's vital signs or test results may vary dependent
on EMF/EMR exposures at a specific location and at a
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specific moment (electrosmog can affect the autonomic
nervous system, the blood, the heart and even blood
sugar levels in some sensitive diabetics) .. . this can lead
to misdiagnosis, over-treatment, under-treatment,
inappropriate medications or dosages . . ." Further
reasons and a detailed list of recommendations for
accommodation are provided by the ElectroSensitive
Society - see Electrosensitive Society
https://www.electrosensitivesociety.com/how-
hospitals-can-accommodate-patients-who-have-ehs/.
Here are some examples of accommodations needed for
the EMF disabled. The EMF disabled need landline
corded phones as they cannot use or be dependent on
cell phones, human agents and, where necessary, paper
rather than electronic communications if it is hazardous
for them to touch a computer or any Wi-Fi enabled
device. The Building Biology Institute provides additional
recommendations. See
https://buildingbiologyinstitute.org/wp-
content/uploads/2022/04/EMR_Factsheet_v2.0r.pdf?_k
x=rTGycWw57cXYTKX7Sp91l6a7XwgrVJvuJ7aQ34KlbyY%
3D.UN8Sad.
Accessibility
Access to medical programs and services may be
accessed wirelessly or by wired connections. The EMF
disabled require access by wired connections or by
paper; such programs and services cannot be coupled
with wireless-only access, such as by mobile applications
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and devices. To be clear, access to web content and
services is not synonymous with a wireless connection,
but would engage any technology which would provide
access to a disabled individual so as to receive medical
programs and services on an equal basis as others.
Requiring access to wired technology, such as copper
wires, cable or fiber optics, as well as providing paper
alternatives, would help ensure that parity for the EMF
Disabled.
The National Institute for Science, Law and Public Policy
published a report of hard-wiring broadband
connections which would be of tremendous benefit for
making accommodation for the EMF disabled.
Federal agencies should ensure that providing mobile
applications and promoting their use on mobile devices
does not impair the EMF Disabled from accessing
medical programs and services by more traditional
means, i.e., wired connections (copper, cable and fiber),
as well as by landline phone, human agents and paper
communications via the U.S. Postal Service, by which
many of the EMF Disabled are only able to access
essential medical programs and services, including
emergency care.
For those EMF Disabled who are so disabled that they
cannot even touch a computer to retrieve services via
the web, it is essential that there be access to a staffed
telephone information line. In effect, a website or
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check-in device or kiosk by which a person would
otherwise access medical programs and services
becomes inaccessible to the extent that the EMF
Disabled cannot even touch a computer or electronic
device to access medical programs and services. Web-
based services will never replace the need for an EMF
Disabled person to speak to a live person. Cutting off
access to a live person would cut off the life-line of the
EMF Disabled who would be in dire need of medical
services.
Correct Wiring. Correct wiring, up to code, especially at
the junction and breaker boxes in buildings, needs to be
enforced. This should be certified by accredited entities.
And for the EMF disabled, the electrical and magnetic
fields need to be at the safe levels as per the Building
Biology Institute standards. See
https://buildingbiology.com/site/downloads/richtwerte-
2015-englisch.pdf. Wiring errors are frequently
made in buildings which increases the EMF's
(electromagnetic fields) to unsafe levels. These can be
prevented and many remedied. If an outlet is incorrectly
wired, especially the grounding, the increased electric
fields will travel through the air into the room and
through the wire to any device plugged into it. Light
switches and fixtures will have unsafe levels of electric
and magnetic fields if incorrectly wired or grounded.
Creating Safe Zones. A zone should be designed to
provide safe web access for the EMF disabled at the
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premises of public entities, so that a portion of each
such public entity would not expose the EMF disabled to
RF radiation. Wi-Fi/wireless free zones are areas in a
building that do not have Wi-Fi or other wireless
connectivity and are free of any RF radiation or wireless
frequency of any kind, including, but not limited to, that
generated by mobile devices such as cell phones,
tablets, Wi-Fi routers, or any smart meters on the
premises.
Creating a Wi-Fi/wireless free zone would include a way
to terminate all wireless transmitting signals originating
from within the zone and attenuate all wireless
receiving signals penetrating into the zone. Transmitting
signals can be terminated with a combination of a hard
wire shut-off, permanent Wi-Fi free software
deactivation that does not reset itself or just by using
fiber to the premises and cabled modems / routers /
computer / telecommunications equipment. Received
signals can be lowered with a combination of RF
attenuation building materials, equipment and products
that reduce the RFR penetrating into the zone. The
objective is to create an "as low as reasonably
achievable" level of RFR for receiving signals.
All telecommunications access should be provided by
telecommunications equipment (e.g., modems or
routers) connected only by copper wire, cable or fiber
optics. Any connectors for fiber optics and other hard-
wired alternatives must be secured and ensure a leak-
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free connection. The zone would have a means to
terminate all wireless transmitting signals originating
from within the zone and attenuate all wireless
receiving signals penetrating into the zone. Transmitting
signals can be terminated with a combination of a hard
wire shut-off, permanent Wi-Fi free software
deactivation that does not reset itself. Alternatively,
telecommunications equipment could simply be
permanently connected to fiber optics or cable for an
even faster, more secure and healthier experience.
Received signals can be lowered with a combination of
radio frequency attenuation building materials,
equipment and products that reduce the radio
frequency penetrating into the zone. The objective is to
create an "as low as reasonably achievable" level of
radio frequency receiving signals.
The zone could also be "flexible," by equipping it with an
easily accessible and visible "off" switch and robust
software that does not permit wireless signals and
prohibits these software settings from being
automatically overridden or reset. Those needing a
connection for their cell phones would simply turn off
their Wi-Fi and cellular connections and plug into the
hardwired connections that would be made available to
them at various locations within the zone, without any
attenuation in service and with the possible advantage
of even faster and more reliable service without
expense to their health.
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In order for the EMF disabled to reach a flexible zone,
any wireless frequency within these public entities
would require some form of wireless frequency
attenuation (such as RF blocking, shielding or reduction
device) over the wireless telecommunications
equipment to significantly reduce the amount of
wireless frequency emitting from that equipment
without affecting wireless connectivity.
The EMF disabled must have direct access through
human agents, e.g., who are able to answer and respond
to telephone calls and written correspondence
conducted through the USPS first class mail.
In addition, the EMF disabled require emergency
services in case of any acts of God, access to which,
incidentally, may also become interrupted with wireless
infrastructure.
Accommodation for Emergencies
The EMF disabled require hardwired connections in the
event of any emergency or natural disaster, such as
heavy weather conditions or a tornado. An example of
how fiber optics made possible the restoration of
service during an emergency is in Chattanooga, TN. In
November 2012, a tornado ripped through Chattanooga.
Because of the fiber optics installation, the system was
able to either prevent or automatically restore service
from 23,000 customer outages. "Smart Grid Helps Keep
Lights Burning," May 19, 2017 Editorial, Hamilton
County Herald,
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https://www.hamiltoncountyherald.com/Story.aspxPich
8646&date=5%2F19%2F2017.
Accommodation in Data Systems
A web and app-based, mobile-only environment, utilized
as a communications and information portal to access
services, programs, and activities offered by public
entities, is problematic. Sole reliance on technology for
access creates additional barriers to access for the EMF
disabled, whose disabilities would worsen from such
access.
The EMF disabled have severe health impairments and
multiple disabilities that are cardiac, neurological, and
sensory, including those with cognitive and processing
disabilities, many of whom are at risk for further health
impairments. It is critical for this information to be
entered into data systems. Therefore, this information is
often overlooked and omitted from government data
systems because there is no mechanism for it to be
created in the drop-down menus of Title II public
entities. These systems just throw these individuals into
the "Other Health Impairment" category which is akin to
a waste bucket in the IEP categorical data collection
system.
Therefore, a category for the EMF disabled should be
created to properly account for their disabilities, so that
theirs will also be considered "relevant" within the data
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systems.
List of Accommodations
The following is a short list of readily achievable,
affordable modifications, submitted to the National
Council on Disability in 2022 (Submitted to the Board of
the National Council on Disability, May 12, 2022 by
Susan Molloy, M.A., Snowflake, AZ.):
• Daylight, skylights, or option of incandescent
lightbulbs (no fluorescents or LEDS) in designated areas
of the facility;
• Remove Fragrance Emission Devices ("FEDS") in
designated restrooms, no fragrance distribution systems
in Heating, Ventilation, Air Conditioning ("HVAC")
systems, no scented products;
• Do not use Wi-Fi to monitor indoor air pollutants;
• Use no "smart" meters for electricity, gas, or water in
or around public areas of a facility unless they are
thoroughly and effectively shielded;
• Separate the electrical wiring and fiber optics for
designated parts of the facility and install kill switches
for designated areas, so that non-essential computers,
printers, fluorescents, equipment can be shut down
without impacting all areas of the facility;
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• Maintain landline telephones, re-install old-style
payphones, in and around the facility;
• Use independent variable fresh air ventilation system
(fan and operable window) for designated areas that can
be operated by the room occupant without assistance;
• Use signage on and around the facility, in pertinent
formats, indicating where to find wheelchair- and
otherwise accessible sidewalks, ramps, doors,
restrooms, phones, conference rooms, parking, along
with a posted schedule of recent maintenance
materials;
• Use signage to designate areas where wi-fi, pest
control and maintenance chemicals, and recent
remodeling are present to avert accidental exposures
(to the degree possible);
Designate areas for re-charging wheelchair batteries,
cell phones, computers, vehicles, others, using wired
electrical outlets;
• Install hard-wired, wheelchair-accessible, buzzer or
intercom outside the facility to summon building
occupants such as the receptionist, doctor, your child,
police, social service staff, grocer, shopkeeper;
• We request a Memorandum of Understanding
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("MOU") available to us, on good stationery, explaining
specifically that we are to be given safe® passage and
accommodation;
• Study the California Building Standards "Cleaner Air
Room" concept and language as per the Indoor
Environmental Quality ("IEQ") Report, pages 47-55,
2005, posted on the U.S. Access Board's website;
• Request development of shielding or redesign of
computers and other technology to block
electromagnetic fields and wifi, at the point of
manufacture;
• Parking and passenger-loading zones protected from
EV battery re-chargers, wireless or 5G equipment, cell
towers;
• Other guidelines include those in the Indoor
Environmental Air Quality report
In addition, for a facility to be safer for the public, as
well as more accessible to the EMF disabled per
Coloradans for Safe Technology:
• Use correct wiring, up to code, especially at the
junctions and breaker boxes in buildings.
• Wiring errors are frequently made in buildings, which
increase the MW/EMFs to unsafe levels. If an outlet is
incorrectly wired, or especially the grounding, the
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increased electric fields will travel out into the room and
to any device plugged in. Light switches and fixtures will
emit unsafe levels of electric and magnetic fields if
incorrectly wired or incorrectly grounded (there does
not appear to be a U.S. bio-safe standards for electrical
and magnetic fields, other than those meant to prevent
acute electrocution)
• Units in multifamily buildings, for EMF disabled
residents, must be in areas away from large electrical
sources like the elevator, mechanical room, laundry
room, electric vehicle charging stations, and others. EMS
safer units must include safe path of travel.
MW/EMF shielding of premises, using triple-pane Low-E
windows, Faraday curtains and Faraday canopies for
example, plus for outdoors: Faraday screens to protect
parking, paths of travel, and yard areas.
• When a single person who is EMF disabled needs to
find a place to live, too often HUD restrictions that limit
a person to one bedroom do not work. That individual
may need a standalone house if there are no other
accommodation away from MW/EMFs.
• Public entity facilities need wired internet, phones,
security systems in designated areas, if not throughout.
They are a must for the EMF disabled along with non-
electric appliances (office equipment, heaters), low EMF
refrigerators or an electrical shut off for them so they
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can be opened without fear of them turning on, which
would activate high electrical and magnetic fields.
• Shielding screen made of protective metals on
windows.
• Safer public areas inside or adjacent to facilities are
may best be placed at the end of the floor, with access
to stairs rather than only to the elevator. Accurate RF-
EMR meters for the facilities' managers and
maintenance officials will help maintain safe areas and
to determine if a part of a public facility might be safer
for an EMF disabled member of the public to enter.
There should be no grants for wireless infrastructure
until the FCC has complied with the 2021 federal court
order which remanded its wireless emission limits for its
failure to review 11,000 pages of scientific studies
showing harm below those limits. To date the FCC has
failed to comply with that court order. Therefore, those
limits can no longer be viewed as safety limits, but a safe
harbor for industry to be shielded from liability from
personal claims of injury or death so long as industry
operates within the current limits.
Lest the EPA believes that mobile access will bridge the
digital divide, it will not. So, to digress a moment on the
benefits of fiber to the premises ... Underscoring the
importance of fiber over wireless, former FCC Chairman,
Tom Wheeler, in his March 2021 Congressional
64
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
testimony, described fiber as "future proof/' and
prioritized a "fiber first" policy for the nation, see Tom
Wheeler's Testimony to Congress,
https://energycommerce.house.gov/sites/democrats.en
ergycommerce.house.gov/files/documents/Witness%20
Testimony_Wheeler_FC_2021.03.22.pdf. Wheeler's
statements point to the fact that wireless and fiber are
not equivalent broadband media, and that wireless
should be used only as a last resort. "Fiber is unmatched
in its speed, performance [and] reliability ... " far
exceeding the promise of any generation of wireless
technology. See "Reinventing Wires: The Future of
Landlines and Networks," National Institute for Science,
Law and Public Policy, authored by Timothy Schoechle,
PhD; https://electromagnetichealth.org/wp-
content/uploads/2018/02/Relnventing-Wires-l-25-
18.pdf.
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote learning
for children and students, particularly those who are
already EMF disabled, and more reliable access to
medical and other services for the elderly and disabled
during emergencies or severe weather when wireless
service is more likely to be interrupted. Wired
connections will also prevent the exclusion of the EMF
disabled who cannot be near RF radiation emitted from
mobile devices and equipment.
There should be no grants for wireless infrastructure
until the FCC has complied with the 2021 federal court
National Call for
Safe Technology
Sec V.
Flexibility and
Thank you for your comment.
EPA sets protective limits on
No revision to
the National
65
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
order which remanded its wireless emission limits for its
failure to review 11,000 pages of scientific studies
showing harm below those limits. To date the FCC has
failed to comply with that court order. Therefore, those
limits can no longer be viewed as safety limits, but a safe
harbor for industry to be shielded from liability from
personal claims of injury or death so long as industry
operates within the current limits.
Lest the EPA believes that mobile access will bridge the
digital divide, it will not. So, to digress a moment on the
benefits of fiber to the premises ... Underscoring the
importance of fiber over wireless, former FCC Chairman,
Tom Wheeler, in his March 2021 Congressional
testimony, described fiber as "future proof," and
prioritized a "fiber first" policy for the nation. See Tom
Wheeler's Testimony to Congress,
https://energycommerce.house.gov/sites/democrats.en
ergycommerce.house.gov/files/documents/Witness%20
Testimony_Wheeler_FC_2021.03.22.pdf. Wheeler's
statements point to the fact that wireless and fiber are
not equivalent broadband media, and that wireless
should be used only as a last resort. "Fiber is unmatched
in its speed, performance [and] reliability ... " far
exceeding the promise of any generation of wireless
technology. See "Reinventing Wires: The Future of
Landlines and Networks," National Institute for Science,
Law and Public Policy, authored by Timothy Schoechle,
PhD; https://electromagnetichealth.org/wp-
content/uploads/2018/02/Relnventing-Wires-l-25-
Grant
Planning p.50
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv(3fcc.gov.
Program
Guidance is
necessary in
response to
this comment.
66
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Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
18.pdf.
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote learning
for children and students, particularly those who are
already EMF disabled, and more reliable access to
medical and other services for the elderly and disabled
during emergencies or severe weather when wireless
service is more likely to be interrupted. Wired
connections will also prevent the exclusion of the EMF
disabled who cannot be near RF radiation emitted from
mobile devices and equipment.
Water Infrastructure - no EMF-emitting, fee-collecting
devices (e.g., "smart" water meters)
There is the case of a resident of North Carolina who
had to evacuate her house because an EMF emitting,
fee-collecting device was installed in her neighbor's
house and was exposing her to such radiation that her
skin was burning and she was about to feint. She now
has no access to her water because she cannot enter her
house with further injury.
National Call for
Safe Technology
Sec II.A. Key
Enforcement
and
Compliance
Activities to
Address
Environmenta
1 Justice p.6
SecV.D.
Federal Civil
Rights
Responsibilitie
s, including
Title VI of the
Civil Rights Act
of 1964 p.51
Thank you for your comment.
EPA sets protective limits on
ionizing radiation in the
environment resulting from
human use of radioactive
elements such as uranium. EPA
does not regulate non-ionizing
radiation that is emitted by
electrical devices such as cell
phones and transmitters. The
Federal Communications
Commission (FCC) regulates
radiofrequency (RF) emissions
from FCC-regulated transmitters
and devices, including for the
purposes of considering
significant environmental effects
No revision to
the National
Program
Guidance is
necessary in
response to
this comment.
67
-------
Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices
Response
Action
Taken in
Final
Guidance
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafetv, which
among other things, has a FAQ
that addresses common
questions. For further
information on RF safety,
including site specific questions,
inquirers may reach FCC directly
via email at rfsafetv(3fcc.gov.
68
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