Publication # 440P24001
RESPONSE TO COMMENTS
FY 2025-2026 NATIONAL PROGRAM GUIDANCE
OAR
No.
Comment
Commenter(s)
Location in
Draft Guidance
National Program Offices
Response
Action Taken in
Final Guidance
1
Make ammonia from AFO's a HAP under CAA 112
Anonymous
Pg 6
Thank you for your comment.
Your comment will be
considered as part of
regulatory planning, rather
than addressed in this
guidance.
No change to
the document.
2
List CAFOs as stationary sources under CAA 111.
Anonymous
Pg 6
Thank you for your comment.
Your comment will be
considered as part of
regulatory planning rather
than addressed in this
guidance.
No change to
the document.
3
EPA emphasizes activities to "support and assist air agencies in addressing air toxics"
National
Page 15 (Air
Thank you for your comment.
No change to
and calls upon the regional offices to "delegate and assist air agencies with Section
Association of
Toxics and NSPS
EPA will actively engage state
the document.
111, 112, and 129 standards." This includes, among other things, the workload
Clean Air
Program)
and local air agencies to
associated with case-by-case MACT determinations that state and local agencies
Agencies
Page 16
resolve planning issues and
must do. Additionally, the draft includes activities related to the National Air Toxics
(NACAA)
(Ambient Air
provide necessary and
Monitoring Network. These activities are certainly necessary, but if EPA intends to
Monitoring for
allowable flexibilities where
rely on state and local air agencies to implement the air toxics program it is equally
Toxics)
needed to meet changing
important that the agency provide adequate resources in the form of increased
priorities and constraints due
federal grants.
to resource availability. Please
State and local air agencies require assistance from EPA to implement asbestos
note that EPA's funding levels
NESHAP requirements. Asbestos exposure is a significant health concern in
are determined by Congress
disadvantaged communities. Many state and local air agencies do not have the
through the appropriations
necessary resources and training to address this issue, especially considering EPA's
process.
recent rule banning chrysotile asbestos
4
ECOS would like to re-emphasize the importance of a multimedia approach to
Environmental
General
Thank you for your comment.
No change to
addressing emerging contaminants. Even in the absence of regulations, U.S. EPA
Council
Comment
EPA is committed to working
the document.
should work to understand and limit the impact of air pollution from emerging
of the States
collaboratively across all our
contaminants such as PFAS on water and land resources.
(ECOS)
program offices to ensure a
coordinated multimedia
response to emerging issues.
1
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mm
. — J
Commen
ter(s)
Location in
Draft Guidance
5
Electromagentic Fields (EMFs) are a pollutant. EMFs are dangerous to human health
and the environment, 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. 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.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
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
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 change to
the document.
2
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mm
Commen
ter(s)
Location in
Draft Guidance
5
(cont.)
The WHO'S International Agency for Research on Cancer (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
radiation, citing that injury occurs through non-thermal pathways. See
https://www.dropbox.com/scl/fi/nwdfklq7r7j2wwsipv7ws/SwissCom-Patent-
application-2003-2004-W02004075583Al-l-
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-Frequency-
Radiation_Final.pdf.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
(continued)
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
(continued)
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
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. (continued)
No change to
the document,
(continued)
3
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Im
Commen
ter(s)
Location in
Draft Guidance
5
(cont.)
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/committees/1474/reports/5G%20fi
nal%20report.pdf.
The Board of Health of Pittsfield, MA issued an emergency order to turn off a 4G cell
tower that injured 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_Studies.pdf. https://bioinitiative.or
g/-
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
https://www.sciencedirect.com/science/article/pii/S2213879X14000583,
https://ehtrust.org/research-on-childrens-vulnerability-to-cell-phone-radio-
frequency-radiation/, https://pubmed.ncbi.nlm.nih.gov/21999884/.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
(continued)
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
(continued)
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
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. (continued)
No change to
the document,
(continued)
4
-------
No.
Comment
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.
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/S2213879X14000583 and
Key Scientific Evidence and Public Health Policy Recommendations, 2007, at 19,
David O. 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_Studies.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,
https://pubmed.ncbi.nlm.nih.gov/21999884/.
Commenter(s)
Location in
Draft Guidance
National Program Offices
Response
Action Taken in
Final Guidance
NATIONAL
CALL FOR SAFE
TECHNOLOGY
(continued)
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
(continued)
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
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. (continued)
No change to
the document,
(continued)
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Im
Commen
ter(s)
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Draft Guidance
6
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-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.
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/.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
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
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 change to
the document.
6
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1
1
1
a
j
Commen
ter(s)
Location in
Draft Guidance
6
(cont.)
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%3
Dihub. 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 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/johansson-o-the-
stockholm-declaration-about-life-emc-bee-culture-magazine-2022-may-issue-56-61/
NATIONAL
CALL FOR SAFE
TECHNOLOGY
(continued)
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
Sec II.C.6
Radiation
Protection p.26
(continued)
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
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. (continued)
No change to
the document,
(continued)
7
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Commen
ter(s)
Location in
Draft Guidance
7
Climate change: EMFs are air pollutants - electrosmog - even if you can't see them,
and fall directly within the jurisdiction of the EPA. See 42 (JSC § 7602(g) 'The term
'air pollutant' means any air pollution agent or combination of such agents, including
any physical, chemical, biological, radioactive (including source material, special
nuclear material, and byproduct material) substance or matter which is emitted into
or otherwise enters the ambient air... " EPA needs to investigate and monitor EMFs.
In terms of climate change, 5G is an energy hog, a battery vampire (industry article
term), expected to increase consumption 61x between 2020 and 2030. Ironically, it is
not being considered in climate change. See https://ehtrust.org/science/reports-on-
power-consumption-and-increasing-energy-use-of-wireless-systems-and-digital-
ecosystem/.
The installation of wireless infrastructure has been unconstrained, without the
balancing of required local government oversight for public health and safety. Public
health and safety have been entirely ignored. There has been no apparent benefit-
cost analysis of the consequences of GHG emissions produced by wireless
infrastructure on public health and safety or the high cost of wireless energy
consumption. There continues to be unconstrained proliferation of wireless
infrastructure and the stampede of rubber-stamped permits and approvals.
EMF radiation is anthropogenic and emissions from wireless infrastructure are
expected to substantially increase the amount of greenhouse gases. The
decarbonization of the atmosphere cannot occur without the decarbonization of
electrosmog. Any perceived health benefits from reduction in fuel combustion or
other air pollutants will likely not be realized with the proliferation of wireless
infrastructure because of the associated health hazards of EMF radiation, which are
likely to increase exponentially the health impacts on the public at large, rendering a
steadily growing population of individuals disabled by EMFs.
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 hazardous for 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.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec II.A.l GHG
Reporting
Program p.3
Sec II.B.4
Ambient Air
Monitoring p.13
Sec II.B.5 Air
Toxics p.15
Sec II.B.6
Ambient Air
Monitoring for
Toxics p.16
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
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 change to
the document.
8
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11^—
Commen
ter(s)
Location in
Draft Guidance
8
Radiation safety: 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. The results of this peer reviewed research were that wireless radiation is
biologically active producing biological effects and potentially hazardous to human
health.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec II.C.6
Radiation Safety
p. 26
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
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 change to
the document.
9
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Draft Guidance
9
The U. S. Access Board provided a designation of EMS disability going back to 2002.
See U.S. Access Board, Advancing Full Access & Inclusion for All, "Indoor
Environmental Quality Project," https://www.access-
board. gov/research/building/indoor-environmental-quality/ . In the Centers for
Disease Control's (CDC) disease classification system, the diagnosis code for radiation
sickness is T66, and the code for injury from "Exposure to Other Nonionizing
Radiation" is W90. These codes would cover the EMF disabled. See
https://icdlOcmtool.cdc.gov/; also see, Brief of Children's Health Defense, and
Building Biology Institute, et al as Amici Curiae in Support of Appellees/Cross-
Appellants "Customers," at 21, Sept 14, 2021,
https://childrenshealthdefense.org/wp-content/uploads/Brief-and-Addendum-
Submitted-9-14.pdf.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec III.A.2
Improving
Indoor
Environments
p. 32
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
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 change to
the document.
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10
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 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 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.
NATIONAL
CALL FOR SAFE
TECHNOLOGY
Sec II.C.6
Radiation
Protection p.26
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
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 change to
the document.
11
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No.
Comment
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.
Difficulty concentrating
Depression
Memoiy loss
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.
Commenter(s)
Location in
Draft Guidance
National Program Offices
Response
Action Taken in
Final Guidance
NATIONAL
CALL FOR SAFE
TECHNOLOGY
(continued)
Sec II.C.6
Radiation
Protection p.26
(continued)
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
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. (continued)
No change to
the document,
(continued)
12
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11
The draft OAR NPG states, "EPA expects to emphasize environmental justice
considerations, as appropriate, in all aspects of implementing permit programs,"
including setting as a Regional Office activity to "Advance environmental justice and
federal civil rights considerations in air agency permitting for major stationary
sources and major modifications, as well as for minor sources" and "Provide training
and technical guidance and support to permitting authorities and the public."
AAPCA welcomes clear communication from EPA HQ and OAR regarding expectations
for permitting and community outreach involving defined environmental justice
communities. Training and technical support may be appropriate. AAPCA also
stresses the need for EPA to effectively partner with state and local agencies when
engaging communities on environmental issues.
mam
Draft Guidance
Association of
Pages 11 -13
Air Pollution
B.3 Title V and
Control
New Source
Agencies
Review
(AAPCA)
Permitting
B.3.1 Expected
EPA Regional
Office Activities
B.3.2 Expected
Air Agency
Activities
Thank you for your comment.
EPA has issued a
memorandum and
accompanying document titled
" Principles for Addressing
Environmental Justice
Concerns in Air Permitting,"
dated Dec. 2022. EPA is also in
the process of updating its
policy on meaningful
engagement. EPA agrees that
partnership with state and
local air agencies is important
and looks forward to
continued dialogue on specific
training and technical support
that may be helpful on these
topics.
No change to
the document.
12
Increase access to affordable fruits and vegetables in environmental justice
communities.
Anonymous
Section 4, A.l,
PUBLICATION
#440D24001
Office of Air and
Radiation (OAR)
Draft FY 2025-
2026 National
Program
Guidance
Thank you for your comment.
While concerns with "food
deserts" arise in some of EPA's
work to support communities,
EPA doesn't play a major role
in addressing lack of access to
affordable fruits and
vegetables. Please refer to
the United States Department
of Agriculture for questions
regarding regulation of food.
No change to
the document.
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13
EPA states: "EPA regions and air agencies are encouraged to use the established
workplanning process to provide flexibility and tailor work expectations to meet local
circumstances, as appropriate....EPA regions will work collaboratively with air
agencies to prioritize activities and commitments and agree on the level of effort
within available resource levels." Additionally, EPA states: "OAR recognizes that there
will not be enough resources to do everything and not all programs and
requirements apply in the same way everywhere. Also, recognizing that
circumstances can change during the course of a year due to court decisions, state or
federal legislative action, budget issues, or other events, EPA is prepared to work
collaboratively with air agencies to adjust commitments and expectations to meet
changing priorities, as necessary and appropriate." NACAA is gratified that EPA
acknowledges the importance of flexibility in determining how best to use scarce
resources, since priorities will vary throughout the nation, and supports EPA's plan to
work collaboratively with state and local agencies to adjust workplans as needed.
However, not all programs are designed for a single purpose. For example, the
NAAQS program is distinctly different from the Regional Haze program under the
Clean Air Act. While NACAA applauds flexibility in the process, air programs need
clear direction from EPA as to what will or will not be approvable early enough in the
process so they can ensure their public processes include the totality of what will
encompass the final plan or solution targeted toward the goal of what the Clean Air
Act is trying to accomplish in the specific program.
National
Association of
Clean Air
Agencies
(NACAA)
Page 1-2
(Introduction)
Page 33
(Flexibility and
Grant Planning)
Thank you for your comment.
EPA will seek to engage state
and local air agencies early and
often regarding approvability
of state plans to implement
CAA requirements.
No change to
the document.
14
Add "local jurisdictions" after "states."
National
Association of
Clean Air
Agencies
(NACAA)
Page 5
(Introduction)
first paragraph,
line 3
Thank you for your comment.
Added "local
jurisdictions" to
the introduction
paragraph.
15
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
p. 13, 34
Thank you for sharing your
perspective.
No change to
the document.
16
DANR appreciates EPA acknowledging states' limited resources - "OAR recognizes
that there will not be enough resources to do everything and not all programs and
requirements apply in the same way everywhere, p.2)"
South Dakota
DANR
p.2
Thank you for your comment.
EPA will continue to support
the use of established work-
planning processes, providing
necessary and allowable
flexibilities where needed.
No change to
the document.
14
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Draft Guidance
17
EPA continues to use guidance as a regulatory requirement. Approval of plans,
regulations, permitting, etc. need to be based on the statutes and/or regulations and
not guidance. For example, EPA implies guidance will be used as the basis for
approval in the following statements: "Submit approvable SIPs for the second
planning period by in accordance with the 2017 Regional Haze Rule revisions and
related updated guidance, if not yet submitted, (p. 11)" and "Issue minor NSR and
synthetic minor permits consistent with SIP-approved program and relevant EPA
guidance or rules, (p. 13)"
South Dakota
DANR
p. 11, 13
Thank you for sharing your
perspective.
No change to
the document.
18
State and local agencies and the jurisdictions that they serve are unique and differ
socially, geographically, and economically. AAPCA members appreciate EPA's
encouragement of flexibilities and tailored expectations in the work and grant
planning processes, as well as EPA's commitment to work collaboratively with air
agencies to meet priorities under the Clean Air Act (CAA).
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 2
Section 1.
Introduction
Also: Page 33
Section IV.
Flexibility and
Grant Planning
Thank you for your comment.
EPA will continue to support
the use of established work-
planning processes, providing
necessary and allowable
flexibilities where needed.
No change to
the document.
19
AAPCA members appreciate EPA's willingness to "work collaboratively with air
agencies to adjust resources to meet changing priorities."
AAPCA again emphasizes the need for providing maximum grant flexibilities to state
and local air agencies to best address air pollution control needs.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 33
Section IV.
Flexibility and
Grant Planning
Thank you for your comment.
EPA will actively engage state
and local air agencies to
resolve planning issues and
provide necessary and
allowable flexibilities where
needed to meet changing
priorities and constraints due
to resource availability.
No change to
the document.
20
To the greatest extent possible, U.S. EPA program measures should reflect
environmental outcomes, as opposed to outputs, and should include metrics for
evaluating incremental progress towards these goals. ECOS would also like to note
that the Draft NPG guidance published to EPA's website appears to include incorrect
FY dates on pages 41 and 42.
Environmental
Council of the
States (ECOS)
Section V.
FY2023 National
Program
Guidance
Measures
Table 2.
National
Program
Guidance (NPG)
Measures by
Code (FY 2023)
p.41 - 42
Thank you for your comment.
EPA uses a mix of output and
outcome measures to describe
results in achieving its mission
of protecting human health
and the environment. These
measures support the agency
in effectively managing its
programs, including efficient
use of its resources.
Revised fiscal
year dates have
been added on
the relevant
page.
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Commenter(s)
Location in
Draft Guidance
21
NACAA supports the efforts identified in Section B.l.l, and reiterates, once again, the
critical importance of item B. 1.1.3, #5 - "Engage air agencies as early as possible in
guidance and regulation development processes." - beginning at the very start of the
process and continuing throughout.
National
Association of
Clean Air
Agencies
(NACAA)
Page 7-9
(Expected EPA
Regional Office
Activities)
Thank you for your comment.
EPA will continue to engage air
agencies as early as possible in
guidance and regulation
development processes.
No change to
the document.
22
Could the guidance document address inconsistencies among EPA Regions as it
pertains to local agencies being directly funded vs. "pass through" funding from
states? In Missouri, local agencies have effectively been shut out from receiving CAA
Section 105 grant funds after the Missouri legislature ended pass through funding to
its four local air agencies in 2011. EPA Region 7 will not allow local agencies to apply
for CAA Section 105 grants, however, there are several other EPA Regions that
directly fund local agencies.
In Section B. Allocation of CAA Section 105 Grants, the guidance document states
that the CAA directs EPA to consider population, pollution, and financial need. St.
Louis County, Missouri has a population of over 1 million, is a moderate
nonattainment area for the 2015 Ozone Standard, and St. Louis County's local air
agency operates solely on revenue generated through permit fees, inspection fees,
and emission fees limiting our activities that can be performed and staffing levels.
Aaron Cadman,
St. Louis
County
Department of
Public Health
Air Pollution
Control
Program
Page 38.
B. Allocation of
CAA Section 105
Grants
Thank you for your comment.
Local air pollution control
agencies can receive CAA
Section 105 grants directly
from EPA if the local agency
has substantial responsibilities
for carrying out the
implementation plan under
CAA section 110 for the air
quality control region or
portion thereof for which that
agency has jurisdiction.
No change to
the document.
23
The FY 2025 Administration budget request calls for $400.2 million in grants for state
and local air quality agencies under Sections 103 and 105. While NACAA appreciates
the recognition that additional funds are needed, NACAA believes that is still not
sufficient. NACAA recommends that federal grants under Sections 103 and 105 be
increased to $500 million annually, beginning in FY 2025. This is $100 million above
the President's proposed budget for FY 2025 and an increase of $264 million over the
FY 2024 appropriation of $236 million. Such increases are necessary if state and local
air agencies are to continue to fulfill their current responsibilities and take on new
and high-priority programs to reduce air pollution and address climate change.
National
Association of
Clean Air
Agencies
(NACAA)
Page 33 (Grant
Assistance to
Co-
Implementers)
Thank you for your comment.
Please note that EPA funding
levels are determined by
Congress through the
appropriations process.
No change to
the document.
16
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24
The draft mentions "a proposed transition in funding authorities for PM2.5
monitoring" and refers to the current NPG Monitoring Appendix. EPA has, in the
past, planned to transition the funding authority for PM2.5 monitoring from Section
103 to Section 105. This would require state and local agencies to provide matching
funds. The PM2.5 monitoring program has long been funded under Section 103 and
this arrangement has worked very well. NACAA recommends that it continue and,
therefore, opposes the transition of the program to Section 105 authority. The
proposed shift would require state and local agencies to provide a 40-percent match,
which not all agencies can afford. Those agencies that are unable to provide
matching funds could not accept the grants for these important monitoring
programs. As a result, these agencies could be forced to discontinue required
monitoring at existing sites. Since these are nationwide monitoring efforts, NACAA
believes the funding should be provided under Section 103 authority, so it is
accessible to all, regardless of their ability to match the grants.
National
Association of
Clean Air
Agencies
(NACAA)
Page 35
(Continuing Air
Program,
Ambient
Monitoring)
Thank you for your comment.
The EPA is not proposing to
transition funding of PM 2.5
monitoring from Section 103
authority to Section 105
authority.
The language
has been revised
to reflect that
EPA is no longer
proposing a
transition in
funding
authority for
PM2.5
monitoring.
25
EPA discusses the development of an updated methodology for allocating Section
105 grants among agencies. If the agency is to do this, any reevaluation of the
allocation methodology should include early collaboration with state and local
agencies to inform the proposal. Those agencies should be involved in the process
well before a refinement in the allocation methodology is released for public
comment.
National
Association of
Clean Air
Agencies
(NACAA)
Page 38 (Future
Refinements to
the Allocation of
Section 105
Grants)
Thank you for your comment.
EPA will actively engage state
and local air agencies prior to
making any changes to the
grant allocation.
No change to
the document.
26
Section IV, A (OAR NPG, p. 33). The President's request for Tribal air program grants
in FY 2024 was $23.1 million. NTAA has estimated that Tribal air programs need at
least $85.25 million for Tribal Air and Climate Change programs, which includes an
average rate increase, worker wage increase, and equipment cost increase. The
NTAA is aware that there are different funding opportunities available through the
Inflation Reduction Act (IRA) and American Rescue Plan (ARP) which can be an
important resource to leverage ongoing funding. However, temporary funding
cannot be used to sustain ongoing programs. In addition, there are special funds
intended to support climate change and greenhouse gas reductions, which although
very important to Tribes, they do not support the equally important air quality work
being accomplished in Indian Country.
National Tribal
Air Association
(NTAA)
Section IV, A
(OAR NPG, p.
33-34)
Thank you for your comment.
Please note that EPA's funding
levels, including 103/105 grant
resources, are determined by
Congress through the
appropriations process.
No change to
the document.
27
Ambient Monitoring. It should be noted that AAPCA members would not support any
proposed transition of funding authorities for PM2.5 monitoring and associated
program support for ambient monitoring that would move funding from CAA Section
103 to Section 105. AAPCA has previously noted the importance of maintaining the
granting authority for PM2.5 monitoring under CAA Section 103, which does not
require the 40-percent funding match of Section 105.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 35
Section IV.
Flexibility and
Grant Planning
A.l Continuing
Air Program
Thank you for your comment.
The EPA is not proposing to
transition funding of PM2.5
monitoring from Section 103
authority to Section 105
authority.
The language
has been revised
to reflect that
EPA is no longer
proposing a
transition in
funding
authority for PM
2.5 monitoring.
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28
Future Refinements to the Allocation of Section 105 Grants. State and local agencies
should be engaged early in any EPA plans to update allocation methodology.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 38
Section IV.
Flexibility and
Grant Planning
B. Allocations of
CAA Section 105
Grants
Thank you for your comment.
EPA will actively engage state
and local air agencies prior to
making any changes to the
grant allocation.
No change to
the document.
29
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 national decision-
makers.
Tribal Exchange
Network Group
(TXG)
n/a-general
comment
Thank you for your comment.
Please note that EPA's funding
levels, including 103/105
grants, are determined by
Congress determines through
the appropriations process.
EPA will actively engage Tribal
air agencies to resolve
planning issues and provide
necessary and allowable
flexibilities where needed to
meet changing priorities and
constraints due to resource
availability.
No change to
the document.
30
ECOS emphasizes the importance of retaining funding authority for fine particulate
matter (PM2.5) monitoring under Section 103 of the Clean Air Act. Section 103 does
not require agencies
to provide matching funds, a critical feature because it allows those agencies that are
unable to secure matching resources to accept federal grants and continue this
important program.
Environmental
Council of the
States (ECOS)
General
Comment
Thank you for your comment.
The EPA is not proposing to
transition funding of PM2.5
monitoring from Section 103
authority to Section 105
authority.
The language
has been revised
to reflect that
EPA is no longer
proposing a
transition in
funding
authorities for
PM2.5
monitoring.
31
The FY 2025 Administration budget request appropriately calls for funding for the
Diesel Emission Reduction Act (DERA) program. This is an important program to
address emissions from the large legacy fleet of diesel engines. However, it is
important that DERA not be funded at the expense of the Section 103/105 grants,
and NACAA strongly urges that any future funding for DERA not be in lieu of
increases to state and local air grants. Additionally, since many of the DERA funds are
not provided to state and local governments, future DERA activities should not be
funded through the STAG account. Instead, the grants should be provided through
one of EPA's other accounts.
National
Association of
Clean Air
Agencies
(NACAA)
Page 34 (Grant
Assistance to
Co-
Implementers)
Page 36 (DERA)
Grants)
Thank you for your comment.
Please note that EPA's funding
levels, including for DERA and
103/105 grants, are
determined by Congress
through the appropriations
process.
No change to
the document.
18
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32
Early and collaborative engagement with state and local air agencies in the
development of guidance and regulations can bring important on-the-ground
expertise to the process, as EPA OAR recognizes in this draft NPG.
AAPCA reasserts that receiving and incorporating input from stakeholders is a core
component of rulemaking, and sufficient time should be provided for state and local
agencies charged with Clean Air Act implementation.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 8
B.l.l Expected
EPA Regional
Office Activities
B. 1.1.3 Other
Thank you for your comment.
EPA will continue to engage
state and local air agencies as
early as possible while
developing guidance and
regulations.
No change to
the document.
33
NACAA is concerned that the draft NPG does not include specific OTAQ regulatory
initiatives for FY 2025-2026 and urges OAR and OTAQ to engage with NACAA prior to
finalizing the NPG to discuss EPA's plans for federal regulatory initiatives for mobile
sources during FY 2025-2026.
Additionally, NACAA reiterates the need for stringent federal regulations for
additional heavy-duty mobile source categories, including nonroad land-based
engines and equipment, locomotives, aircraft and oceangoing vessels.
National
Association of
Clean Air
Agencies
(NACAA)
Pages 18-19
(Mobile Sources
Program)
Thank you for your comment.
We look forward to engaging
with NACAA as we consider
our future priorities for mobile
source regulatory initiatives.
No change to
the document.
34
Section A.l. 1.2(5) (OAR NPG, p. 29) & A. 1.1.4 (OAR NPG, pp. 30-31). NTAA has
consistently supported EPA's initiatives to reduce emissions from new and existing
diesel engines. We support the enhancement of the Diesel Emissions Reduction Act
(DERA). In the 2022 Baseline Needs Assessment discussed above, Tribal communities
report being impacted by mobile source emissions, including diesel emissions from
on- and off-road vehicles and they continue to be important sources of emissions.
National Tribal
Air Association
(NTAA)
Section
A.l.1.2(5) (OAR
NPG, p. 29) &
A.l.1.4 (OAR
NPG, pp. 30-31).
Thank you for your comment.
EPA will continue to work with
Tribal air agencies on
initiatives to reduce emissions
from mobile sources.
No change to
the document.
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35
NACAA supports the stated intent that, "In FY 2025 and 2026, EPA will work with air
agencies to achieve and maintain compliance with the NAAQS, including the 2024
particulate matter (PM2.5) standards as well as standards established in 2012, 2006,
and 1997; the ozone standards established in 2015, 2008,1997, and 1979..." and
"EPA will continue to work closely with air agencies on all aspects of implementing
the NAAQS. In particular, during FY 2025 EPA anticipates being in the process of
designating areas of the country for the revised 2024 PM2.5 NAAQS." NACAA stresses
the importance of EPA working "closely with air agencies on all aspects of
implementing the NAAQS" and urges EPA to commit to substantially increase its
engagement with our association and members and take advantage of the ability of
our association to bring together its large membership of state and local air agencies
to engage with EPA.
In addition, with respect to implementation of the newly revised PM2.5 NAAQS,
NACAA urges EPA to be timely in taking the actions, including on exceptional event
determinations, necessary for state and local air agencies to fulfill their Clean Air Act
obligations by identified deadlines.
Further, NACAA emphasizes that key to state and local air agencies' success in
achieving and maintaining the ozone and PM NAAQS will be timely EPA development
and adoption, in close collaboration with NACAA and our members, of stringent
regulations for "federal" sources of air pollution, including for mobile sources,
particularly nonroad land-based engines and equipment, locomotives, aircraft and
oceangoing vessels.
National
Association of
Clean Air
Agencies
(NACAA)
Page 7
(Implementing
Goal 4,
Objective 1)
Thank you for your comment.
EPA will continue to work
closely with state, local, and
Tribal air agencies on the
development of clean air plans
to meet the NAAQS and is
committed to early and
collaborative engagement. In
addition, specific comments on
specific rulemakings will be
considered through the
rulemaking process.
No change to
the document.
36
NACAA supports the stated intent that, "EPA will continue its periodic reviews of the
NAAQS as required by CAA, including a new review of the ozone standards." We
understand from previous statements that EPA intends for the existing ozone
implementation rule to apply to nonattainment areas designated pursuant to any
future revisions of the ozone NAAQS. With that in mind, NACAA recommends that
EPA, in close collaboration with NACAA, carefully review the existing rule and
determine whether updates are necessary and, if so, propose and finalize such
updates so that they are in place when any final NAAQS revisions are promulgated.
National
Association of
Clean Air
Agencies
(NACAA)
Page 7
(Implementing
Goal 4,
Objective 1)
Thank you for your comment
and support for EPA's periodic
reviews of the NAAQS as
required by the Clean Air Act
(CAA).
No change to
the document.
37
Regarding section B. 1.1.3, #8 ("Support implementation of EPA's Exceptional Events
(EE) Rule including working with air agencies through the initial notification process
and reviewing demonstrations that have regulatory significance."), we reiterate
strongly the need not only for close partnership between EPA Regional Offices and
state and local air agencies (individually and through NACAA) but also for EPA to
ensure there is adequate, knowledgeable and experienced staff in each Regional
Office to expertly and timely review EE demonstrations.
National
Association of
Clean Air
Agencies
(NACAA)
Page 8-9
(Expected EPA
Regional Office
Activities)
Thank you for your comment.
EPA will continue to work
closely with state, local and
Tribal air agencies on the
process for preparing
exceptional event
demonstrations.
No change to
the document.
20
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Commenter(s)
Location in
Draft Guidance
38
Revise item B.l.2.2 #1, under "Designations," ("If the 2015 ozone and/or 2012 PM2.5
NAAQS are revised, provide state recommendations for area designations and
boundaries."), to reflect that the 2012 PM2.5 NAAQS has been revised.
National
Association of
Clean Air
Agencies
(NACAA)
Page 9
(Expected Air
Agency
Activities
Thank you for your comment.
Document has
been updated to
reflect that the
reconsideration
has been
completed, the
annual standard
revised, and
recommendatio
ns for
boundaries will
be provided.
39
EPA continues to push a position involving Startup Shutdown and Malfunctions (SSM)
state implementation calls that the courts have ruled against the agency. The court
has ruled South Dakota's SIP provision for SSM is valid. Therefore, EPA's priority
"Take action on pending SIPs responding to the 2015 SIP calls regarding startup,
shutdown, and malfunction (SSM) provisions in SIPs. Assist air agencies in the
revision of SSM regulations, as appropriate, including submission of SIPs not yet
submitted in response to the 2015 SIP calls. Meet any FIP obligations pursuant to
CAA obligations (p. 8)" is illegal.
South Dakota
DANR
p.8
Thank you for your comment.
As a general matter, court
decisions sometimes impact
statements in the National
Program Guidance. Those
issues are addressed through
programmatic implementation
and EPA strives to coordinate
any post-decision
implementation path forward
with state and local air
agencies, as appropriate.
The text has
been updated.
40
The draft Guidance states that a key identified process improvement for continuing
to improve the efficiency of EPA's review and action on State Implementation Plans
(SIPs) is "early engagement between EPA and air agencies during the air agencies' SIP
development process and early coordination among EPA offices during EPA's review
and action on submitted SIPs."
AAPCA members agree that early and continuous coordination with air agencies is
critical to successful implementation of the NAAQS and emphasize the Agency's
primary goal to efficiently and timely process SIPs in this effort.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 7
B.l National
Ambient Air
Quality
Standards
(NAAQS)
Thank you for your comment
and support for early
engagement on SIP
development.
No change to
the document.
41
EPA OAR anticipates being in the process of designating areas of the country for the
revised 2024 PM25 NAAQS during FY 2025.
AAPCA members express their willingness to work with EPA throughout the
designation process so that attainment/nonattainment designations are made with
the best available data, including: providing feedback on EPA's update of PM25 data
from T640/T640X PM Mass Monitors and submission of exceptional events
demonstrations.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 7
B.l National
Ambient Air
Quality
Standards
(NAAQS)
Thank you for your comment
and support on PM2.5
attainment/nonattainment
designations.
No change to
the document.
21
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1
m
i
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—1
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Draft Guidance
42
EPA OAR has outlined expected Regional Office activities under the 2015 Startup,
Shutdown, and Malfunction (SSM) SIP Call.
On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit issued an order in the
consolidated challenges to U.S. EPA's 2015 SSM SIP Call for 35 states, vacating the SIP
Call order: "As to the calls based on automatic exemptions, director's discretion
provisions, and affirmative defenses that are functionally exemptions, we grant the
petitions and vacate the SIP-call order. We deny the petitions as to the calls based on
the enforcement-discretion provision and affirmative defenses against specific
relief."
AAPCA members request that the Expected EPA Regional Office Activities be updated
to reflect the U.S. Court
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 8
B.l National
Ambient Air
Quality
Standards
(NAAQS)
B.l.l Expected
EPA Regional
Office Activities
B.l.1.2 SIPs
Thank you for your comment.
As a general matter, court
decisions sometimes impact
statements in the National
Program Guidance. Those
issues are addressed through
programmatic implementation
and EPA strives to coordinate
any post-decision
implementation path forward
with state and local air
agencies, as appropriate.
The text has
been updated.
43
AAPCA members support the Expected EPA Regional Office Activities to:
• Provide support to assist states in developing attainment plans for any applicable
NAAQS.
• Take final rulemaking actions on any remaining SIP submittals for all NAAQS.
• Work to reduce backlogged SIP submissions in accordance with agency
performance measures and the SIP management plans negotiated with states.
• Work with states to ensure early engagement between states and EPA.
• Collaborate with EPA HQ to ensure early engagement on novel and unique issues of
national significance.
Key examples of novel and unique issues include: EPA's update of PM2.5 data from
T640/T640X PM Mass Monitors; wildfires/smoke impacts; and exceptional events.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 8
B.l.l Expected
EPA Regional
Office Activities
B.l. 1.2 SIPs
Thank you for your comment
and support for EPA Regional
Office activities.
No change to
the document.
22
-------
Following the final 2024 PM2.5 NAAQS, air agencies will be providing
recommendations for area designations and boundaries during FY 2025. As part of
the designations process, air agencies may submit exceptional events (EE)
demonstrations for events that have regulatory significance for the 2024 revised
primary annual PM2.5 NAAQS initial area designations.
This is an important Clean Air Act provision for addressing air quality impacts outside
of regulatory control. However, developing EE demonstrations are time- and
resource-intensive activities for air agencies.
With intensifying wildfire seasons, agencies will need to develop demonstrations
more often. EPA OAR should continue to work with state and local agencies to
improve the process for drafting and reviewing exceptional event demonstrations -
particularly for EE demonstration submissions for the purpose of initial area
designations recommendations.
EPA's February 2024 memorandum on "Initial Area Designations for the 2024
Revised Primary Annual Fine Particle National Ambient Air Quality Standard"
indicates that "If the Administrator has insufficient information to make initial
designations decisions in the 2-year time frame, the EPA may take up to 1 additional
year to make initial area designations decisions." EPA should consider the extended
timeline to allow adequate time for EE demonstration submissions so that
attainment/nonattainment designations are made with the best available data.
mam
Draft Guidance
Association of
Page 9
Air Pollution
B.l National
Control
Ambient Air
Agencies
Quality
(AAPCA)
Standards
(NAAQS)
B.1.2 Expected
Air Agency
Activities
B.1.2.2
Designations
Thank you for your comment.
EPA will continue to work
closely with state, local and
Tribal air agencies on the
process for preparing
exceptional event
demonstrations.
No change to
the document.
45
Generally, AAPCA supports EPA's priorities to review and take timely action on
submitted regional hazeSIPs.
AAPCA also encourages EPA to work with air agencies on the development of any
guidance or rulemaking for future Regional Haze planning periods.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Pages 10-11
B.2 Regional
Haze
B.2.1 Expected
EPA Regional
Office Activities
Thank you for your comment.
EPA will continue to work
closely with state, local, and
Tribal agencies on the regional
haze program.
No change to
the document.
46
Core Activities. AAPCA members support EPA OAR's commitment to assisting state
and local agencies meet the listed core activities for FY 2025 and FY 2026, including
"working with states to reduce the SIP backlog as well as improving the timeliness of
SIP action."
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 34
Section IV.
Flexibility and
Grant Planning
A.l Continuing
Air Program
Thank you for your comment
and support for EPA core
activities.
No change to
the document.
47
AAPCA urges EPA to issue timely and detailed draft Ambient Monitoring Guidance for
FY 2025 and FY 2026.
Additionally, any efforts by EPA to modernize ambient air monitoring should consider
potential challenges and discrepancies that incorporating new technology could pose
to the monitoring network's infrastructure. In modernization plans, EPA might also
consider improvements to the method designation process.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Pages 13
B.4 Ambient Air
Monitoring for
Criteria
Pollutants
Thank you for your comment.
It will be taken under
advisement when developing
the draft Ambient Monitoring
Guidance for FY 2025 and FY
2026.
No change to
the document.
23
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Draft Guidance
48
More frequent and intense wildfires have triggered an unprecedented number of
regulatorily significant smoke events that are impacting states' ability to comply with
the National Ambient Air Quality Standards (NAAQS). ECOS asks OAR to work closely
with states to better integrate the increased frequency of exceptional events into
NAAQS implementation, attainment planning, and State Implementation Plan
development. States welcome the opportunity to work collaboratively with EPA to
assess the performance of the Exceptional Events Rule and identify areas of
improvements to the demonstration process aimed at making the process less
resource intensive on State agencies (e.g., exploring avenues to facilitate data
sharing among states).
Environmental
Council of the
States (ECOS)
Section II.
Strategic Plan
Implementation
B. 1.1.3 Other
Number 8
p.8
Thank you for your comment.
EPA recently issued several
tools to support development
of exceptional events
demonstrations associated
with wildfires that should
improve the process.
No change to
the document.
49
EPA OAR indicates supporting emissions data collection, including "state point source
emissions submissions for the 2023 and 2024 emissions years and implementing
revisions to the Air Emissions Reporting Requirements (AERR) and voluntary use of
the Combined Air Emissions Reporting System (CAERS)."
AAPCA members appreciated the opportunity to comment on EPA's proposed
revisions to the AERR, as well as the comment period extension request EPA granted
to allow for more substantive comments from state and local air agencies. In its
comments, AAPCA stressed that the overall scope of EPA's final rule for the AERR
must align with their co-regulators ability to implement it and take into consideration
the operational challenges that state and local air agencies face, including ensuring
adequate funding for implementation such that existing programs are not adversely
impacted.
AAPCA also commented in support of EPA maintaining the capacity and flexibility for
state and local agencies to continue to use existing methods that best serve their
unique reporting needs. Here, AAPCA recognizes EPA's reaffirmation that use of
CAERS will remain voluntary.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 8
B.l.l Expected
EPA Regional
Office Activities
B. 1.1.3 Other
Thank you for your comment.
Specific comments on the
AERR rulemaking will be
considered through that
rulemaking process.
No change to
the document.
50
Require GHG emissions reporting from animal feeding operations
Anonymous
Pg 3
Thank you for your comment.
EPA is not implementing
subpart JJ of 40 CFR Part 98
using funds provided in its
appropriations due to a
Congressional restriction
prohibiting the expenditure of
funds for this purpose.
No change to
the document.
24
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Commenter(s)
Location in
Draft Guidance
51
Require GHG reporting from animal feeding operations.
Anonymous
Section 2, A.l,
PUBLICATION
#440D24001
Office of Air and
Radiation (OAR)
Draft FY 2025-
2026 National
Program
Guidance
Thank you for your comment.
EPA is not implementing
subpart JJ of 40 CFR Part 98
using funds provided in its
appropriations due to a
Congressional restriction
prohibiting the expenditure of
funds for this purpose.
No change to
the document.
52
Promote plant-based menu items and ingredients to food manufacturers and dining
services through EPA's methane partnership program.
Official United States report to congress shows a plant-based diet can reduce more
emissions (1,634 Mt C02eq) than the entire electricity sector (1,629 Mt C02eq - read
paragraph below the chart)
Some very reasonable concrete actions backed by science that can better people and
planet: https://www.wri.org/research/food-service-playbook-promoting-sustainable-
food-choices
Anonymous
Section 2 A.5,
PUBLICATION
#440D24001
Office of Air and
Radiation (OAR)
Draft FY 2025-
2026 National
Program
Guidance
Thank you for your comment.
Comments on regulating food
should be directed to the
United States Department of
Agriculture.
No change to
the document.
53
With respect to "Title V and New Source Review Permitting," EPA includes the timely
entry of data into the RACT/BACT/LAER Clearinghouse (RBLC) "or its successor
system" as an expected activity for state and local air agencies. The RBLC in its
current form is extremely outdated and unwieldy to use. It is difficult for agencies to
enter new data, and once data is entered it cannot be updated by the users. Under
Section 108(h) of the Clean Air Act, EPA is required to maintain a functional RBLC
database. The need for a "successor system" to the current RBLC is apparent. In
NACAA's view, the RBLC must be completely revamped and modernized.
On April 9, 2019, NACAA provided a list of recommended RBLC modifications to make
the system more useful. The recommendations included the ability to amend and
update fields of an existing determination, ensure the system represents equipment
constructed in a project, provide fields that show whether compliance was
demonstrated, the ability to enter actual test results, the ability to remove
unnecessary fields to keep data entry to a minimum, and a history function. Since
then, additional underlying concerns have become apparent. To address these
concerns, EPA should make systematic improvements to the RBLC that will require
staff resources and ongoing data management. NACAA would welcome the
opportunity to discuss with EPA in more detail our concerns with the RBLC and
recommendations for improvement.
National
Association of
Clean Air
Agencies
(NACAA)
Pages 11-13
(Title V and New
Source Review
Permitting)
Thank you for your comment
and previous submission of
recommendations. These will
be considered as part of
planning for strategic IT
improvements.
No change to
the document.
25
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Commenter(s)
Location in
Draft Guidance
54
Because of the increasing workload placed on the states by EPA's mandates and to
address the issue of backlog, we recommend EPA include in the guidance an effort to
change the length of NPDES and air quality permits 1 from up to 5 years to up to 10
years.
South Dakota
DANR
Left blank
Thank you for your comment.
Your recommendation would
require statutory changes
which are outside the scope of
this guidance.
No change to
the document.
55
PFAS and other emerging issues will impact air quality in Indian Country and Alaska
Native Villages. While NTAA is heartened to see the Tribal PFAS Working Group and
their efforts mentioned in the OITA NPG, the OAR NPG draft does not address PFAS
in its section about Tribal priorities, and NTAA reiterates our request that EPA add it
to ensure that Tribal air quality issues from PFAS are included as an EPA OAR priority.
National Tribal
Air Association
(NTAA)
General
comment
Thank you for your comment.
EPA is continuing to learn
about PFAS and is committed
to providing meaningful,
understandable, and
actionable information on
PFAS to the American public
including Tribes.
No change to
the document.
56
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 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.
Environmental
Council of the
States (ECOS)
General
Comment
Thank you for your comment.
EPA's PFAS Destruction and
Disposal Interim Guidance is
based on currently available
information and will continue
to be updated at least once
every 3 years, pursuant to the
FY2020 National Defense
Authorization Act. OAR will
continue to coordinate across
EPA and with states to address
issues that arise during
implementation.
No change to
the document.
57
C.6 Radiation Protection and C.7 Radiation Emergency Response Preparedness. The
ASTSWMO Radiation Task Force completed a survey of States regarding late-phase
cleanup of radiological disaster debris in 2021. Eleven (11) of the thirteen (13) survey
participants indicated that they did not have plans for this type of debris after a
disaster. The Task Force believes that it would be advantageous for EPA to add
planning for the management of radioactive disaster debris into their Regional office
activities.
ASTSWMO
Radiation Task
Force
Pages 26, 27
Thank you for your comment.
The suggested activity would
fit appropriately with the work
the regions are doing for
natural disaster debris
management.
Added bullet to
relevant section
of the NPG.
58
More than eighty percent of the participants in NTAA's 2022 BNA report stated that
road dust, including the many associated air pollutants, is a major concern and road
dust continues to be a challenge for Alaskan Native Villages as well as many rural
Tribal communities. The OAR NPG should recognize this issue and work with Tribes to
develop and implement emissions control strategies.
National Tribal
Air Association
(NTAA)
General
comment
Thank you for your comment.
EPA will continue to support
Tribal partners to reduce
emissions related to mobile
sources.
No change to
the document.
26
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Draft Guidance
59
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
Thank you for your comment.
The EPA has embedded many
of the suggested competencies
into the draft update of the
Agency's public involvement
policy. 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/documents/2023-
12/final_meaningful-
involvement-
policy_eams_11.7.2023_508.p
df.
Other recommendations
within your comment will be
reviewed and considered
across the EPA.
No change to
the document.
27
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60
EPA acknowledges its responsibility to provide training for personnel of air agencies.
We support EPA's commitment to continue working with the Joint Training
Committee Steering Committee, which includes MJOs and national organizations of
air agencies including NACAA. The need for training the next generation of air
professionals is at a critical point. New staff being hired to replace those who have or
are retiring cannot currently access all basic training, in person and virtual, necessary
to do their jobs due to limited class sizes and offerings, despite MJO efforts to offer
as much training as possible. Limitations in the current training program and
strategy, including the number of instructors and restrictions being placed on
offerings by instructors like class caps, are not working to meet the needs of states
and local air programs. Post pandemic, the level of retirements has increased and will
continue to increase; therefore, adequate high-quality training is immediately
necessary to ensure the ability of state and local air programs to continue to
implement programs. NACAA urges EPA to continue to work with the Joint Training
Committee Streeting Committee to develop alternative strategies to get immediate
necessary training to new staff.
National
Association of
Clean Air
Agencies
(NACAA)
Page 36-37
(Continuing Air
Program, Clean
Air Act Training)
Thank you for your comment.
EPA will continue to work
closely with state and local air
agencies on training through
the Joint Training Steering
Committee.
No change to
the document.
61
Section A.1.1.3 (OAR NPG p. 30). NTAA supports EPA's plan to expand areas of
trainings and hopes EPA will ensure Tribes are provided sufficient training on
implementation of the numerous, new air quality rules, including rules related to
New Source Review and rules of interest to Tribes affected by oil and natural gas
operations. Many Tribes have requested the need for more technical support for
permit review and program development and capacity building for Tribes to
effectively review State issued permits.
National Tribal
Air Association
(NTAA)
Section A. 1.1.3
(OAR NPG p.
30).
Thank you for your comment.
EPA Indian Air Quality training
program that supports
training, monitoring, education
and outreach, grants
management, and indoor air
quality issues.
No change to
the document.
62
Clean Air Act Training. EPA's commitment to support air pollution control agencies
through the funding and development of training programs and materials for
personnel is critical to air improvement efforts. EPA's coordination with the Joint
Training Committee is important to this work and provides EPA an important
resource for understanding the training needs and priorities of state and local air
agencies. Air agencies recognize the importance of both training for new personnel
and continuing education for professional development.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 36
Section IV.
Flexibility and
Grant Planning
A.l Continuing
Air Program
Thank you for your comment.
EPA will continue to work
closely with state and local air
agencies on training through
the Joint Training Steering
Committee.
No change to
the document.
63
Clean Air Act Training: ECOS would like to underscore the importance of U.S. EPA's
commitment to support air pollution control agencies through the funding and
development of training programs and materials for personnel, which is critical to air
improvement efforts. ECOS encourages U.S. EPA to engage state agencies to identify
priority training topics and effective learning mechanisms to meet states' needs.
Environmental
Council of the
States (ECOS)
Section IV.
Flexibility and
Grant Planning
A.l Continuing
Air Program
p. 36
Thank you for your comment.
EPA will continue to work
closely with state and local air
agencies on training through
the Joint Training Steering
Committee.
No change to
the document.
28
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Location in
Draft Guidance
64
Section A.1.1.1(5) (OAR NPG, p. 29). NTAA continues to support the Agency's
commitment to grant resources to Tribes and Tribal organizations to enable and
facilitate their participation in "regional and national level activities such as policy
making, monitoring, rule or program development, and implementation
workgroups."
National Tribal
Air Association
(NTAA)
Section
A.l.1.1(5) (OAR
NPG, p. 29).
Thank you for your comment.
EPA will continue to support
Tribes and Tribal organizations
through Clean Air Act grants.
No change to
the document.
65
Section A.l.l.l(l)-(3) (OAR NPG, p. 29). These NPG elements remain a high priority of
Tribes. NTAA expects that OAR will continue to advocate for sufficient funding to
enhance Tribal capacity to advance air quality management programs and that
building and enhancing Tribal air programs' capacity will remain a high priority of
OAR. Among these support needs are Tribal implementation of air programs,
technical training, monitoring, education and outreach, grants management, and
indoor air quality
National Tribal
Air Association
(NTAA)
Section
A. 1.1. l(l)-(3)
(OAR NPG, p.
29).
Thank you for your comment.
EPA is committed to helping
Tribes grow their capacity to
advance air quality and will
actively engage Tribes to
resolve planning issues and
provide necessary and
allowable flexibilities where
needed to meet changing
priorities and constraints due
to resource availability.
No change to
the document.
66
NTAA appreciates EPA's commitment to consulting on a government-to-government
basis. In some EPA OAR offices, offers of Consultation are no longer being sent as a cc
to the Tribal environmental staff when they are sent to Tribal Leaders. The result is
that Tribal leaders may not be aware of the importance of the issue without briefings
from their staff causing important opportunities for input to be missed. Additionally,
EPA should ensure that its staff leadership consult with Tribes that may be impacted
by violations, including Tribes in negotiations with violators, and including Tribes as
parties to consent decrees. It is imperative that EPA consult with the Tribes before
developing and issuing permits in Indian country. EPA should continually seek to
improve its consultation process and NTAA hopes EPA's revisions to its Guidance for
Discussing Tribal Treaty Rights and Policy on Consultation and Coordination with
Indian Tribes will lead to a renewed commitment to meaningful consultation.
National Tribal
Air Association
(NTAA)
Section
A.l.1.1(3) (OAR
NPG. P. 29)
Thank you for your comment.
OAR is active in the Agency-
wide effort to improve EPA's
consultation process under the
new consultation policy. We
are unaware of any recent
OAR offices changing their
consultation contact strategies
recently. We will share this
comment internally to make
sure that all OAR offices are
consistent in being inclusive of
both Tribal Leaders and Tribal
Environmental Directors for
consultations.
No change to
the document.
67
Section A.1.2.1(15) (OAR NPG p. 31). NTAA supports EPA's effort to, as necessary,
"clarify air quality management authority for non-reservation Tribal lands," and
requests EPA's continued assistance in ensuring its program staff are trained to spot
and address these jurisdictional matters and to support EPA's commitment to work
with Nations to defend Tribal sovereignty when states attempt to regulate areas
outside their jurisdiction.
National Tribal
Air Association
(NTAA)
Section
A.l.2.1(15) (OAR
NPG p. 31).
Thank you for your comment.
EPA will continue to clarify
authority for non-reservation
Tribal lands.
No change to
the document.
29
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68
Section A.1.2.4 (OAR NPG, p. 32). This broad statement regarding "expected Tribal
activity" addressing climate change is a critical element in the OAR NPG. Based on
consultations with Tribal Nations, the EPA should develop this NPG element to
acknowledge and support existing Tribal actions to address climate change and to
encourage inter-Tribal consortia to promote collaboration and learning based on
existing efforts within Tribal Nations. Many Tribes have performed climate change
vulnerability assessments, including evaluating air pollution effects, or participated in
community-based monitoring, and some have begun comprehensive planning and
mitigation efforts to address climate change impacts.1 Tribal Lands and Alaska Native
Villages are impacted by climate change and continuously pursue ways to reduce
emissions of greenhouse gases. Tribal professional staff, including those in air quality
programs, must be allocated resources to address climate change needs.
National Tribal
Air Association
(NTAA)
Section A. 1.2.4
(OAR NPG, p.
32).
Thank you for your comment,
EPA acknowledges and
supports Tribal actions to
address climate change.
Revised
language in
referenced
section to:
1. Continue
utilizing Federal
and Tribal
resources to
create plans and
mitigation
strategies to
continuously
pursue ways to
reduce
emissions of
greenhouse
gases.
2. Attend
training and
develop or
acquire
capability to
understand,
assess, and
respond to
climate change.
69
Section II, B.l.1.3 (OAR NPG, p. 9). Given the widespread wildfire smoke pollution in
recent years, wildfires have burdened Tribes with additional costs like increased air
quality monitoring, public outreach, damage assessment, and clean-up operations.
The EPA should continue to prioritize this severe public health concern, and to work
with Tribes to mitigate wildfire-caused air pollution. The NTAA appreciates the EPA's
renewed commitment to updating and improving the AirNow fire and smoke map
and its updated interagency Memorandum of Agreement on Wildland Fire and Air
Quality. The NTAA encourages the EPA to continue to seek feedback from Tribal
Nations and communities on these important issues and the ways that wildfire
impacts can disparately impact Tribes.
National Tribal
Air Association
(NTAA)
Section II,
B.l.1.3 (OAR
NPG, p. 9).
Thank you for your comment.
EPA will continue to work with
Tribal partners regarding
wildland fires and other issues
related to addressing the
climate crisis.
No change to
the document.
30
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70
"OAR will continue to work with the regions on improving the efficiency of EPA's
review and action on State Implementation Plans (SIPs), including early engagement
between EPA and air agencies during the air agencies' SIP development process and
early coordination among EPA offices during EPA's review and action on submitted
SIPs." Here, again, NACAA emphasizes the critical importance of early and ongoing
engagement as well as collaborative problem solving.
NACAA has long been concerned about EPA's highly problematic enforcement of the
residential wood heater (RWH) NSPS at the time of certification and at the time of
sale. On February 28, 2023, EPA's Office of Inspector General (OIG) released a report,
'The EPA's Residential Wood Heater Program Does Not Provide Reasonable
Assurance that Heaters Are Properly Tested and Certified Before Reaching
Consumers," in which it concluded that "EPA's ineffective residential wood heater
program puts human health and the environment at risk for exposure to dangerous
fine-particulate-matter pollution by allowing sales of wood heaters that may not
meet emission standards." OIG followed up on May 22, 2024, with a "Management
Implication Report: The EPA's Wood Heater Program," in which it provided
recommendations to EPA for addressing the concerns raised in the prior report.
EPA's Office of Air and Radiation (OAR), under which the RWH NSPS are developed,
should work with the agency's Office of Enforcement and Compliance Assurance,
EPA's leadership and state and local air agencies to ensure that this federal program
is rigorously enforced so that the intended emission reductions are fully realized in
practice.
National
Association of
Clean Air
Agencies
(NACAA)
Page 7
(Implementing
Goal 4,
Objective 1)
Thank you for your comment.
EPA is currently coordinating
with the agency's Office of
Enforcement and Compliance
Assurance on a response to
the OIG's May 22, 2024 report
"Management Implication
Report: The EPA's Wood
Heater Program". Specific
comments on that program
will be addressed in that
response.
No change to
the document.
71
The Clean Air Act established the U.S. EPA as the authority for setting emission
standards for manufactured products, such as wood stoves. We would like to
emphasize that many States continue to struggle with wood stoves as a key source of
pollution and appreciate U.S. EPA highlighting the ongoing need to "Assist air
agencies in developing and/or beginning implementation of
innovative and voluntary emission reduction projects, particularly local programs to
help achieve attainment of the ozone NAAQS and the PM2.5 NAAQS. These programs
include, but are not limited to, the Ozone and PM Advance programs, strategies to
control emissions from wood smoke..." ECOS encourages U.S. EPA to uphold the
integrity of the Wood Heater Program with stronger measures to monitor and
enforce compliance.
Environmental
Council of the
States (ECOS)
Section II.
Strategic Plan
Implementation
B. 1.1.3 Other
Number 10
p.8
Thank you for your comment.
No change to
the document.
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