July 2024
Publication Number 560R24001
RESPONSE TO COMMENTS
FY 2025-2026 NATIONAL PROGRAM GUIDANCE
OFFICE OF LAND AND EMERGENCY MANAGEMENT
General
Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices Response
Action Taken in Final
Guidance
NJDEP fully supports the
programmatic activities outlined
in EPA's OLEM FY 25-26 National
Program Guidance. NJDEP
suggests that U.S. EPA evaluate
increasing RCRA Grant and LUST
Prevention Grant funding, to
ensure continuing effective
implementation of critical
prevention activities.
Environmental
Council of the
States
N/A
The National Program Guidances
implement funding decisions included in
EPA's FY 2025 President's Budget
request. Funding levels are determined
through the budget process and not
through the program implementation
guidances.
No revisions needed, at this
time.
Massachusetts and other states
would like to see more
solidified/unified messaging
around safe destruction levels of
PFAS. Thus far, messaging has
focused on how it will affect our
land programs but not enough on
how destruction will affect the air
programs. We have actions that
Environmental
Council of the
States
N/A
EPA's PFAS Destruction and Disposal
Interim Guidance is based on currently
available information and will continue
to be updated at least once every three
years, pursuant with the FY2020
National Defense Authorization Act. We
will continue to coordinate across EPA
and with states to address issues that
arise during implementation.
No revisions needed, at this
time.
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Comment
Commenter(s)
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Guidance
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Guidance
are on hold because we can't issue
permits for thermal destructions
units given that we are not sure of
the safe temperature to get full
destructions for the fluorinated
compounds. Would like to see
more guidance focused on what
are the safe technologies available
and what science is telling us on
safe disposal across media (ex.
Soil, bio solids). We are having
demand and capacity issues.
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
Global Alliance
for Incinerator
Alternatives
(GAIA)
Overview
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/system/files/docu
No revisions needed, at this
time.
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Comment
Commenter(s)
Location in
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Guidance
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Guidance
an inclusive and equitable way
within a system that is designed in
stark juxtaposition to those values.
ments/2023-12/final_meaningful-
involvement-
policy_eams_ll.7.2023_508.pdf.
Other recommendations within your
comment will be reviewed and
considered across the EPA.
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 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,
National Call for
Safe Technology
Page 46
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
provides information on the potential
hazards associated with RF
electromagnetic fields through their
website: www.fcc.gov/rfsafety, 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 rfsafety@fcc.gov.
No revisions needed, at this
time.
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Comment
Commenter(s)
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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.electrosensitivesocie
ty.com/how-hospitals-can-
accomodate-patients-who-have-
ehs/.
RCRA Permitting
Comment
Commenter(s)
Location in
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Guidance
National Program Offices Response
Action Taken in Final
Guidance
RCRA Permitting and Support to
Tribal Waste Management
Programs (page 22). Throughout
this section of the Office of Land
and Emergency Management Draft
FY 2025-2026 NPG, EPA refers to
RCRA permitting in general terms.
Historically, there has only been a
Federal permit program for RCRA
Subtitle C. On February 20, 2020
the EPA published the Proposed
Wyoming
Department of
Environmental
Quality
Page 22
Once the CCR permitting program
regulations are final, OLEM will update
the NPG in the next cycle.
No revisions needed, at this
time.
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Comment
Commenter(s)
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Guidance
National Program Offices Response
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Guidance
Hazardous and Solid Waste
Management System: Disposal of
Coal Combustion Residuals From
Electric Utilities; Federal CCR
Permit Program. If EPA finalizes
this proposed regulation there will
be another RCRA permitting
program. Therefore, the
Department recommends the EPA
clarify throughout the Office of
Land and Emergency Management
Draft FY 2025-2026 NPG that the
RCRA permitting program
referenced is specific to the RCRA
Subtitle C permitting program.
Continue to be engaged in
extensive reviews of compliance
information found on a facility's
publicly accessible CCR internet
site (page 36). When conducting
compliance evaluations, in
addition to reviews of compliance
information on a facility's publicly
accessible CCR internet site,
essentially desk audits, the
Department recommends EPA also
commit to utilizing other tools,
such as interviews and meetings
with state regulators and the
regulated facility for determining
Wyoming
Department of
Environmental
Quality
Page 36
OLEM is considering your comment and
recommendations.
No revisions needed, at this
time.
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Comment
Commenter(s)
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compliance beyond simply
document reviews.
RCRA Corrective Action
Comment
Commenter(s)
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Guidance
National Program Offices Response
Action Taken in Final
Guidance
In light of the uniqueness of each
state, as an overall comment
regarding implementation of
Environmental Justice (El) and
Climate Change (CC)
considerations, DANR HW Section
requests the EPA recognize the
state's small permitting and
Corrective Action (CA) universe as
well as the accomplishments (i.e.
no permitting backlog) and
progress trajectory (CA) as part of
preparing the Performance
Partnership Agreement (PPA).
South Dakota
Department of
Agriculture and
Natural
Resources
Pages 25-
30
OLEM recognizes these attributes of
small states and will consider them in
preparing Performance Partnership
Agreements.
No revisions needed, at this
time.
Collaborate with the regions to
ensure that priority issues of
emerging science such as vapor
intrusion and PFAS cleanup are
addressed appropriately and
Wyoming
Department of
Environmental
Quality
Page 27
OLEM is assessing the need for updated
guidance, specifically for vapor intrusion.
No revisions needed, at this
time.
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Comment
Commenter(s)
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consistently in cleanups. Distribute
new scientific information,
implement new policies and
procedures, and provide technical
assistance and training, as
resources allow. The State
encourages EPA to ensure issues
like vapor intrusion are addressed
appropriately. However, the EPA
fact sheets and technical guides
related to vapor intrusion are from
2015 and should be updated since
they are used as a resource by
states and the public.
RCRA State Authorization
Comment
Commenter(s)
Location in
Draft
Guidance
National Program Offices Response
Action Taken in Final
Guidance
Work with regions and states to
increase the efficiency of the state
authorization process (page 23).
Facilitate state adoption and
authorization for RCRA regulations
to reduce need for joint permitting
between EPA regional offices and
states (page 25). The State
Wyoming
Department of
Environmental
Quality
Pages 23
and 25
OLEM will investigate the specific
example given and look to implement
additional efficiencies, as appropriate.
No revisions needed, at this
time.
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Comment
Commenter(s)
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Guidance
supports EPA increasing the
efficiency of the state
authorization process, particularly
since EPA is in the process of
promulgating multiple rules under
RCRA Subtitle C. As an example of
the current prolonged
authorization process, the State
submitted a final authorization of
changes to its hazardous waste
program under RCRA to EPA on
June 20, 2022. EPA had no
comments on the package and the
State's authorization became
effective on November 24, 2023;
which is 523 days after
submission. The current process is
not efficient.
Make State authorization of new
(and certain existing) RCRA
regulations a priority; regions
should also make approval of State
CCR permit programs a priority.
During these processes, regions
should raise any technical and
authorization process issues to
headquarters for a prompt
response (page34). The
Department submitted the State
Wyoming
Department of
Environmental
Quality
Page 34
State authorization of delegated
programs, both hazardous waste and
CCR, is a priority for OLEM. We will
continue to review requests for
authorization to implement the federal
program and strive for continual
improvement.
No revisions needed, at this
time.
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Comment
Commenter(s)
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CCR permit program application
on February 6, 2023. EPA provided
comments 303 days later on
December 6, 2023. Furthermore,
EPA's comments were sent
117days after Wyoming filed its
Notice of Intent to Sue for failing
to act on the application and 48
days after the petition for review.
The Department responded to
those comments 54 days later on
January 29, 2024. In the 15
months since submitting the State
CCR permit program application,
the Department has not yet
received a determination.
Additionally, the Department is
aware of other state CCR permit
program applications that were
submitted before the
Department's that have also not
received a determination. Given
this experience, the Department
supports EPA's commitment to
making the approval of State CCR
permit programs a priority and
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Comment
Commenter(s)
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Guidance
having the regions lead the review
process instead of headquarters.
Further, EPA should make state
authorization of all new and
existing RCRA regulations a priority
and not select certain existing
RCRA regulations. For instance, the
State submitted a final
authorization of changes to its
hazardous waste program under
RCRA to EPA on June 20, 2022. EPA
had no comments on the package
and the State's authorization
became effective on November 24,
2023; which is 523 days after
submission and is not considered a
prompt response.
Continue to implement the WIIN
Act by supporting States in the
development of State programs,
by reviewing and approving state
programs; and, by establishing and
beginning to implement a federal
permit program on Indian lands
and in non-participating States
(page 35). Throughout the
Department's development of the
State CCR Permit Program, which
Wyoming
Department of
Environmental
Quality
Page 35
OLEM is reviewing your comment and
recommendations.
No revisions needed, at this
time.
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Comment
Commenter(s)
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Guidance
National Program Offices Response
Action Taken in Final
Guidance
was submitted to EPA on February
6,2023, and remains under review,
the Department was instructed by
EPA to provide information in the
CCR permit program application
narrative consistent with the Texas
and Georgia CCR permit program
applications, 2017 Coal
Combustion Residuals State Permit
Program Guidance Document;
Interim Final. Since then, EPA has
requested additional information
that was not required by Georgia
or Texas and is not included in the
2017 Coal Combustion Residuals
State Permit Program Guidance
Document; Interim Final.
Before EPA finalizes its federal
permit program, EPA should issue
an updated proposed rule. First, it
is important to note that EPA
issued the Proposed Coal
Combustion Residuals Federal
Permitting Program Rule in
February 2020. Since then, EPA
has proposed and finalized
additional regulations related to
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Comment
Commenter(s)
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CCR units. It is unclear how the
proposed federal permit program
crafted under a different
administration considers the
additional regulations and other
EPA decisions. The State strongly
recommends that EPA engages in
meaningful State and public
comment on a proposed rule that
has been stagnant for multiple
years. Second, If EPA chooses to
proceed under its newfound
definition of "nonparticipating
state" (that is contrary to statute)
EPA should re-issue a proposed
rule. In the original rule, in a
section titled "Does this action
apply to me?" EPA stated that the
term "nonparticipating state" is
defined in the WIIN Act "and
excludes states that have
approved CCR programs where the
approval has not been withdrawn,
or who have submitted evidence
of a state CCR program to EPA and
approval is pending." 85 Fed. Reg.
9940, 9941 (Feb. 20, 2020). Thus,
under the proposed rule,
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Comment
Commenter(s)
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Wyoming would not be a
nonparticipating state. However, in
the past year EPA has disagreed
with the statute and has told
Wyoming that it considers the
State to be a nonparticipating
state. EPA also put this position in
writing in its briefing for the
deadline suit filed in the District of
Wyoming. See also, Wyoming v.
EPA, 2:23-cv-00193-ABJ (D. Wyo.),
(ECF No. 15 at 4) ("The statute also
instructs EPA to directly
implement a CCR permit program
in any state that does not have an
operative, EPA-approved permit
program in place."). Accordingly,
not only does EPA need to explain
how its new definition is
consistent with the WIIN Act and
provide an explanation for the
change in policy, but also EPA
needs to re-propose its prior rule if
it wants to change its applicability.
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RCRA Regulatory and Guidance Actions
Comment
Commenter(s)
Location in
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Guidance
National Program Offices Response
Action Taken in Final
Guidance
Explore and document methods
for engaging communities during
the regulation and guidance
development process (page 33). In
the last year EPA has:
Proposed and finalized the
Hazardous and Solid Waste
Management System: Disposal of
Coal Combustion Residuals from
Electric Utilities; Legacy Surface
Impoundments; Proposed and
finalized the Alabama: Denial of
State Coal Combustion Residuals
Permit Program; and
Provided the Hazardous and Solid
Waste Management System:
Disposal of Coal Combustion
Residuals from Electric Utilities:
Legacy CCR Surface
Impoundments; Notice of Data
Availability. This has created a
maze of regulatory uncertainty for
the Department, regulated
community, and the public. At no
time during the years long process
Wyoming
Department of
Environmental
Quality
Page 33
EPA engages with its state partners
directly through meeting and through
state organizations, e.g., ASTSWMO,
ECOS. OLEM will assess the need to
update existing guidance.
No revisions needed, at this
time.
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Comment
Commenter(s)
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of these proposed actions did EPA
engage with the Department. The
Department recommends that EPA
not only commit to explore and
document methods for engaging
communities during the regulation
and guidance development
process but also engage with the
States.
After regulations are promulgated
or guidance issued, OLEM will
provide guidance, national
direction, and training, as
appropriate and resources allow
(page 33). Existing guidance
should be reviewed on a routine
basis and updated or eliminated as
needed. The Department requests
that EPA not only implement the
Coal Combustion Residuals (CCR)
related provisions of the 2016
Water Infrastructure
Improvements for the Nation Act
but also eliminate the 2017 Coal
Combustion Residuals State Permit
Program Guidance Document;
Interim Final as Congress only gave
EPA the authority to establish the
Wyoming
Department of
Environmental
Quality
Page 33
OLEM will assess the need to update,
amend or discontinue the existing
guidance.
No revisions needed, at this
time.
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Comment
Commenter(s)
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form of the submission, not the
content.
Continue to be engaged in
extensive reviews of compliance
information found on a facility's
publicly accessible CCR internet
site (page 36). When conducting
compliance evaluations, in
addition to reviews of compliance
information on a facility's publicly
accessible CCR internet site,
essentially desk audits, the
Department recommends EPA also
commit to utilizing other tools,
such as interviews and meetings
with state regulators and the
regulated facility for determining
compliance beyond simply
document reviews.
Wyoming
Department of
Environmental
Quality
Page 36
OLEM is considering your comment and
recommendations.
No revisions needed, at this
time.
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
South Dakota
Department of
Agriculture and
Natural
Resources
Page 45
The OLEM National Program Guidance
provides information for implementing
the priorities of the FY 2022-2026 EPA
Strategic Plan and FY 2025 President's
Budget Request. To inform its guidance,
OLEM seeks input from its state and
Tribal partners and partnership groups
on upcoming priorities and issues.
No revisions needed, at this
time.
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Comment
Commenter(s)
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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.
DANR appreciates the opportunity
to be part of national monthly calls
that pertain to hazardous waste
management issues (RCRA
Information Network (RIN);
Financial Assurance; HW
Generator; Pharmaceutical
Wastes; Permitting; Subpart X; e-
Manifest; Authorization, etc.).
These calls are great resources and
assist with training and rule
adoption (pp. 34-35).
South Dakota
Department of
Agriculture and
Natural
Resources
Pages 34-
35
Thank you for participating in the calls.
No revisions needed, at this
time.
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Comment
Commenter(s)
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The e-Manifest system is
understandably a work in
progress. DANR appreciates and
encourages continued and
frequent communication with
EPA regarding working with the
system and improving data
exchange.
South Dakota
Department of
Agriculture and
Natural
Resources
Pages BB-
SS
OLEM will continue to communicate with
our states as we develop and implement
the e-Manifest system.
No revisions needed, at this
time.
Tribal Issues
Comment
Commenter(s)
Location in
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Guidance
National Program Offices Response
Action Taken in Final
Guidance
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 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
Tribal Exchange
Network Group
N/A
The National Program Guidances
implement funding decisions included in
EPA's FY 2025 President's Budget
request. Funding levels are determined
through the budget process and not
through the program implementation
guidances.
No revisions needed, at this
time.
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Comment
Commenter(s)
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national decision-makers.
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
N/A
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. OLEM 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 environmental programs
successfully.
No revisions needed, at this
time.
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