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# 440P24001 RESPONSE TO COMMENTS FY 2025-2026 NATIONAL PROGRAM GUIDANCE OAR No. Comment Commenter(s) Location in Draft Guidance National Program Offices Response Action Taken in Final Guidance 1 Make ammonia from AFO's a HAP under CAA 112 Anonymous Pg 6 Thank you for your comment.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 ------- 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 ------- 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 ------- 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) ------- Im Commen ter(s) Location in 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 ------- 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 ------- 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 ------- 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 ------- 11^— Commen ter(s) Location in 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. 10 ------- _ _ i Commen ter(s) Location in Draft Guidance 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 ------- 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 ------- 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. 13 ------- No. C mmm Location in Draft Guidance 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 ------- Commen ter(s) Location in 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. 15 ------- Im mm i i i i 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 ------- Im C mmm Location in Draft Guidance 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. 17 ------- m i jjj m i ¦ -i — Location in Draft Guidance 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 ------- n Location in Draft Guidance 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. 19 ------- lag M 1 jg C mmm Location in Draft Guidance 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 ------- L— —— 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 ------- lag 1 ¦ 1 m i C —1 Location in 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 ------- — Location in 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 ------- 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 ------- 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 ------- Com j——¦ Location in 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 ------- Commenter(s) Location in Draft Guidance 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 ------- 11^— Commenter(s) 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 ------- C omme nter(s) Location in Draft Guidance 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 ------- 1 R jjj C mmm Location in Draft Guidance 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. 31 ------- |