EPA Press Office

EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

December 30, 2022

Contact Information

EPA Press Office (press@epa.gov)

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

“When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” said EPA Administrator Michael S. Regan. “Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.”

“This final rule recognizes the essential role of the nation’s water resources in communities across the nation,” said Assistant Secretary of the Army for Civil Works Michael L. Connor. “The rule’s clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders.”

This rule establishes a durable definition of “waters of the United States” that is grounded in the authority provided by Congress in the Clean Water Act, the best available science, and extensive implementation experience stewarding the nation’s waters. The rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies’ technical expertise. It establishes limits that appropriately draw the boundary of waters subject to federal protection.

The final rule restores fundamental protections so that the nation will be closer to achieving Congress’ goal in the Clean Water Act that American waters be fishable and swimmable, and above all, protective of public health. It will also ensure that the nation’s waters support recreation, wildlife, and agricultural activity, which is fundamental to the American economy. The final rule will cover those waters that Congress fundamentally sought to protect in the Clean Water Act—traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.

More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at EPA’s “Waters of the United States” website.

Accompanying the issuance of the final rule, the agencies are also releasing several resources to support clear and effective implementation in communities across America. Today, a summary of 10 regional roundtables was released that synthesizes key actions the agencies will take to enhance and improve implementation of “waters of the United States.” These actions were recommendations provided during the 10 regional roundtables where the agencies heard directly from communities on what is working well from an implementation perspective and where there are opportunities for improvement. The roundtables focused on the geographic similarities and differences across regions and provided site specific feedback about the way the scope of “waters of the United States” has been implemented by the agencies.

Today, the agencies are also taking action to improve federal coordination in the ongoing implementation of “waters of the United States.” First, EPA and Army are issuing a joint coordination memo to ensure the accuracy and consistency of jurisdictional determinations under this final rule. Second, the agencies are issuing a memo with U.S. Department of Agriculture to provide clarity on the agencies’ programs under the Clean Water Act and Food Security Act.

Background
On June 9, 2021, EPA and the Department of the Army announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. On Nov. 18, 2021, the agencies announced the signing of a proposed rule revising the definition of “waters of the United States.”

The Clean Water Act prohibits the discharge of pollutants from a point source into “navigable waters” unless otherwise authorized under the Act. “Navigable waters” are defined in the Act as “the waters of the United States, including the territorial seas.” Thus, “waters of the United States” is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term “waters of the United States” is not defined by the Act but has been defined by the agencies in regulations since the 1970s and jointly implemented in the agencies’ respective programmatic activities.

 EPA Press Office:

EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

WASHINGTON (December 30, 2022)  – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

“When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” said EPA Administrator Michael S. Regan. “Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.”

“This final rule recognizes the essential role of the nation’s water resources in communities across the nation,” said Assistant Secretary of the Army for Civil Works Michael L. Connor. “The rule’s clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders.”

This rule establishes a durable definition of “waters of the United States” that is grounded in the authority provided by Congress in the Clean Water Act, the best available science, and extensive implementation experience stewarding the nation’s waters. The rule returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies’ technical expertise. It establishes limits that appropriately draw the boundary of waters subject to federal protection.

The final rule restores fundamental protections so that the nation will be closer to achieving Congress’ goal in the Clean Water Act that American waters be fishable and swimmable, and above all, protective of public health. It will also ensure that the nation’s waters support recreation, wildlife, and agricultural activity, which is fundamental to the American economy. The final rule will cover those waters that Congress fundamentally sought to protect in the Clean Water Act—traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.

More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at EPA’s “Waters of the United States” website.

Accompanying the issuance of the final rule, the agencies are also releasing several resources to support clear and effective implementation in communities across America. Today, a summary of 10 regional roundtables was released that synthesizes key actions the agencies will take to enhance and improve implementation of “waters of the United States.” These actions were recommendations provided during the 10 regional roundtables where the agencies heard directly from communities on what is working well from an implementation perspective and where there are opportunities for improvement. The roundtables focused on the geographic similarities and differences across regions and provided site specific feedback about the way the scope of “waters of the United States” has been implemented by the agencies.

Today, the agencies are also taking action to improve federal coordination in the ongoing implementation of “waters of the United States.” First, EPA and Army are issuing a joint coordination memo to ensure the accuracy and consistency of jurisdictional determinations under this final rule. Second, the agencies are issuing a memo with U.S. Department of Agriculture to provide clarity on the agencies’ programs under the Clean Water Act and Food Security Act.

Background
On June 9, 2021, EPA and the Department of the Army announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. On Nov. 18, 2021, the agencies announced the signing of a proposed rule revising the definition of “waters of the United States.”

The Clean Water Act prohibits the discharge of pollutants from a point source into “navigable waters” unless otherwise authorized under the Act. “Navigable waters” are defined in the Act as “the waters of the United States, including the territorial seas.” Thus, “waters of the United States” is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term “waters of the United States” is not defined by the Act but has been defined by the agencies in regulations since the 1970s and jointly implemented in the agencies’ respective programmatic activities.  

For further information: press@epa.gov

EPA enters into Consent Agreement and Issues Final Order to Denka Performance Elastomer in LaPlace, La., for Violation of Hazardous Waste Regulations

 EPA News Release:

EPA enters into Consent Agreement and Issues Final Order to Denka Performance Elastomer in LaPlace, La., for Violation of Hazardous Waste Regulations

DALLAS, TEXAS (December 28, 2022) — The U.S. Environmental Protection Agency entered into a consent agreement with Denka Performance Elastomer, LLC and issued a final order to address certain waste management practices at the company’s facility in LaPlace, Louisiana.  Denka failed to make an appropriate hazardous waste determination for “Poly Kettle Strainer Waste,” a chloroprene waste generated from the manufacturing of neoprene, which is used to create products such as wetsuits, gaskets, hoses, and adhesives. EPA has classified chloroprene as a likely carcinogen. This waste contributes to emissions of chloroprene from the plant.

EPA conducted on-site inspections of the facility in April and May 2022 and observed Denka’s process of transferring “Poly Kettle Strainer Waste” to an outside, open-air brine pit. During this process, EPA inspectors documented elevated chloroprene concentrations in the air in the vicinity of the brine pit. Pursuant to the consent agreement, beginning January 31, 2023, Denka will stop placing this waste stream in its open-air brine pit and instead meet hazardous waste regulatory requirements for both storage and ultimate disposal of the waste.  Denka must also consider EPA’s Environmental Justice Screening and Mapping Tool when choosing disposal facilities and must consider using low-emission vehicles when transporting waste for disposal. The company must also provide protective equipment to employees who handle “Poly Kettle Strainer Waste.”

The terms of the consent agreement also require Denka to manage the “Poly Kettle Strainer Waste” as hazardous waste until a more robust sampling and hazardous waste determination effort can be completed by the company through a waste determination plan. Denka will continue testing additional emissions reductions measures to reduce emissions from the management of this waste. These projects and any modifications will be subject to EPA review and approval.  If successful, the emissions reduction projects alone have the potential to eliminate approximately 2 tons of chloroprene emissions per year from poly kettle strainer clean-out, according to Denka’s reported Emissions Inventory.  

Please see the Denka Consent Agreement on our webpage.

Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.

 EPA Press Office:

Statement by Administrator Regan on Bipartisan Funding Bill

WASHINGTON  (December 23, 2022) — In response to Congress passing a bipartisan funding bill, which includes $10.135 billion for EPA’s annual budget, an increase of $576 million above EPA’s previous year’s funding, provides $1 billion in much-needed relief for communities impacted by the recent Hurricanes, and invests $600 million in Jackson, Mississippi’s water system, EPA Administrator Michael S. Regan issued the following statement:

“Our work at the EPA is first and foremost about protecting the wellbeing of all communities. It’s about creating jobs and economic opportunity in every corner of the country. And it’s about safeguarding the right – the freedom – that belongs to all people by virtue of living in the United States to breathe clean air, drink clean water, and lead a healthy life. But we can only accomplish EPA’s vital mission when the agency is equipped with the necessary resources. With the bipartisan funding bill, President Biden and our partners in Congress recognize EPA’s essential role in American life.

The bipartisan funding bill includes the largest annual investment in environmental justice in the agency’s history. Combined with historic investments from the Inflation Reduction Act, EPA is poised to tackle many of our nation’s toughest environmental justice challenges and ensure that all people share in the benefits of a cleaner environment.

The bipartisan funding bill sustains support for our state and Tribal partners through key programs that address legacy pollution, reduce harmful diesel emissions, and fund storm water, wastewater, and drinking water systems. It increases funding for EPA’s Geographic Programs, which help protect and restore our nation’s precious waters – from the Great Lakes to the Puget Sound. The bipartisan funding bill also boosts funding for EPA’s enforcement and compliance work, which is critical to keeping our communities safe and holding polluters accountable.

I’m especially proud that the bipartisan funding bill provides $1 billion in much-needed relief for communities devastated by recent hurricanes and invests $600 million to respond to the drinking water emergency in Jackson, Mississippi.

This summer, the crisis of aging water infrastructure in America rose to the national conscience when more than 150,000 people in a capital city were left without clean drinking water for weeks. The people of Jackson – like all people in this country – deserve access to clean, safe, and reliable water. EPA worked diligently alongside state and local partners to secure an agreement that will help deliver a sustainable water system for Jackson for the long-term. I am grateful to our partners in Congress for sharing this commitment and recognizing the urgency of addressing this longstanding challenge.”

For further information: EPA Press Office (press@epa.gov)

 EPA Press Office:

EPA proposes consent order on safe closure of Navy’s Red Hill Fuel Facility

EPA proposes consent order on safe closure of Navy’s Red Hill Fuel Facility

 

Contact Information: John Senn, 415-972-3999, senn.john@epa.gov 

SAN FRANCISCO (December 21, 2022) – The U.S. Environmental Protection Agency (EPA) is putting forward a proposed consent order with the U.S. Department of the Navy and the Defense Logistics Agency (DLA) that requires steps to ensure the safe defueling and closure of the Red Hill Bulk Fuel Storage Facility at Joint Base Pearl Harbor-Hickam (JBPHH). The proposed order will also require the Navy to properly operate and maintain the JBPHH drinking water system to protect the health and safety of its consumers. This proposed order is the latest step in EPA’s work to oversee the Navy’s response to the November 2021 fuel release from Red Hill and subsequent Department of Defense decision to close Red Hill. Read the proposed order on EPA’s website.

“This order demonstrates EPA’s commitment to protect the O’ahu aquifer from contamination,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Our proposed order requires the Navy and DLA to safely and expeditiously defuel and close the storage tanks at Red Hill, while also ensuring that the Navy will properly maintain and monitor the Base’s drinking water system. Such efforts are essential to safeguarding the health and the environment of communities around O’ahu.”

EPA is asking for comments on the proposed order and will host a public meeting the week of January 16, 2023, to go over details of the order and answer questions. Formal comments may be submitted on Regulations.gov from now until February 6, 2023. 

Under the requirements established by the proposed order, the Navy will take significant steps towards addressing the contamination of JBPHH’s drinking water system, and the Navy and DLA will take steps to prevent and contain any future leaks from Red Hill. Actions include:

• Creating a source water protection plan to identify and implement all protective measures available for the Red Hill Shaft and all JBPHH drinking water system wells.
• Mandating regular flushing of the JBPHH drinking water system to eliminate any contamination.
• Conducting sampling of residents, businesses and schools to assure no residual contamination remains in the JBPHH drinking water system.
• Planning for infrastructure and financial needs to assess and secure resources necessary to make any needed upgrades to the JBPHH drinking water system.
• Conducting semi-annual tightness testing of each fuel storage tank at Red Hill to actively diagnose potential for leaks and proactively correct any defects until closure is complete.
• Weekly soil vapor testing for all fuel storage tanks at Red Hill to detect any contaminated soils or groundwater.
• Establishing a defueling preparedness report certifying that all repairs to Red Hill have been completed and plans have been established in preparation for defueling.
• Requiring closure plans and documentation for each tank at Red Hill that is taken out of service to verify there is no remaining fuel and that work has been complete.

Following the November 2021 contamination of JBPHH’s drinking water system, Hawaiʻi Department of Health (DOH) issued an emergency order to the Navy that required the Navy to cease all operations at Red Hill and defuel and close the 20 underground storage tanks, surge tanks, and associated piping at Red Hill. DOH’s first emergency order was issued on December 6, 2021, and a superseding order was issued on May 6, 2022. The actions required by the proposed EPA order support DOH’s emergency order by requiring the Navy and DLA to minimize risks from the movement of fuel throughout the Red Hill facility during defueling and closure.

This proposed order will not impact the existing 2015 administrative order on consent (AOC) between EPA, Hawaii DOH, the Navy and DLA which requires investigation and cleanup of releases. The 2015 AOC is still in effect and is available on EPA’s website.

Read about EPA’s work at the Red Hill Bulk Fuel Storage Facility in Hawaii.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.

 EPA Press Office:

EPA Awards Research Funding to 25 Small Businesses to Develop Environmental Technologies

Small Business in Brooklyn Among the Winners

Contact: EPA Press Office, Press@epa.gov

NEW YORK (December 21, 2022) - Today, the U.S. Environmental Protection Agency (EPA) announced $2,497,134 in research funding for 25 small businesses to develop technologies that address some of our most pressing environmental problems. Projects include technologies for detecting methane emissions, methods to prolong the shelf life of foods and reduce food waste, software systems to improve recycling and materials management, and a water sampling device to detect the presence of PFAS.

“Congratulations to these small businesses for spurring innovation with their exciting ideas,” said EPA Assistant Administrator for the Office of Research and Development Chris Frey. “We are excited to see how they develop their technologies as they address critical environmental issues.”

These awards are part of EPA’s Small Business Innovation Research (SBIR) program which runs an annual, two-phase competition for funding. The 25 small businesses below are receiving up to $100,000 in Phase I funding for six months for “proof of concept” of their proposed technology. Companies that complete Phase I can then apply to receive Phase II funding of up to $400,000 to further develop and commercialize their technology.

SBIR Phase I winners and their proposed technologies are below:

• Beta Analytic (Miami, Fla.) to develop a novel method to trace fugitive sources of methane in atmospheric gas mixtures.
• Can I Recycle This, Inc. (Athens, Ga.) to develop a circular economy solution that provides real-time, geospatial materials recovery information.
• Censys Technologies Corporation (Daytona Beach, Fla.) to develop an innovative system for remote sensing of fugitive methane.
• City of Roses Disposal and Recycling, Inc. (Portland, Ore.) to develop a real-time recycling inventory aggregation and management software for construction and demolition waste.
• Cleaned and Green, LLC (Indian Springs Village, Ala.) to develop ann enhanced efficiency poultry litter-based fertilizer that is cost-effective and environmentally friendly.
• Aquarius Systems (North Prairie, Wis.) to develop an in-water collection and removal device to capture floating debris.
• EIC Laboratories, Inc. (Norwood, Mass.) to develop a novel technique for rapid, on-site analysis of water quality.
• Forever Analytical Services, Inc. (South Bend, Ind.) to develop a rapid, field-deployable water sampling device to measure PFAS.
• GoodGames (Freeport, Maine) to develop a social networking platform to help build community resilience to disasters, threats, and extreme weather.
• HJ Science & Technology, Inc. (San Leandro, Calif.) to develop a portable, on-site technology to detect PFAS in complex water environments. 
• Hydrova Inc. (San Diego, Calif.) to develop a novel process for complete resource recovery and hydrogen peroxide production from secondary aluminum processing waste.
• Imvela Corp (Brooklyn, N.Y.) to develop a novel, natural ingredient that reduces microbial spoilage and extends shelf life of fresh fruit.
• Iterant, Inc. (Berkeley, Calif.) to develop an online platform for regional plastic packaging reuse systems.
• J-Tech LLC (Lakewood, Colo.) to develop a septic tank technology that enables low-cost, sustainable disinfection of wastewater for on-site non-potable reuse.
• Kamilo, Inc. (San Francisco, Calif.) to develop a digital verification system to confirm the percentage of recycled content in products to advance plastic circularity.
• Mesa Photonics, LLC (Santa Fe, N.M.) to develop a methane monitoring network for continuous measurement of methane emissions.
• Optimized Thermal Systems, Inc. (Beltsville, Md.) to optimize a machine for improved recovery of a refrigerant with high global warming potential.
• LeapFrog Design (Bend, Ore.) to develop a modular ecological water treatment system for onsite capture and non-potable reuse from single-family residences.
• Seacoast Science, Inc. (Carlsbad, Calif.) to develop a fully automated analyzer to monitor air toxics in indoor spaces.
• Sporian Microsystems, Inc. (Lafayette, Colo.) to develop a high-speed, low-cost imaging system for improved identification of microplastics.
• Ourobio (Charlottesville, Va.) to produce sustainable indigoid dyes and bioplastics using byproducts of dairy processing
• UES, Inc. (Dayton, Ohio) to develop an innovative air toxic monitoring system for neighborhood-level monitoring.
• VISIMO, LLC (Coraopolis, Pa.) to develop a machine learning toolkit for screening research published outside of commercial or academic publishing to improve systematic reviews for chemical risk assessment.
• Wisely, Inc. (Wilmington, N.C.) to develop a smart food storage system to reduce household food waste by allowing users to track perishables.
• Zabble Inc. (Walnut Creek, Calif.) to develop an artificial intelligence-based tagging platform for contamination monitoring audits to improve recycling.

Learn more about the winning companies.

Learn more about EPA’s SBIR program.

Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

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 EPA Press Office:

EPA proposes Clean Water Act settlement on the Blackfeet Indian Reservation in Montana

Proposed penalty addresses violations at the Browning Lagoon Wastewater Treatment Facility and Two Medicine Water Treatment Plant

Contact: David Piantanida (piantanida.david@epa.gov)
(720) 661-7482

Helena, Mont. (Dec. 20, 2022) – Today the U.S. Environmental Protection Agency (EPA) announced a proposed Clean Water Act (CWA) settlement with the tribal utility Two Medicine Water Company (Company) in which the Company will pay a $40,000 penalty for unpermitted discharges and past violations of water discharge permits at the Browning Lagoon Wastewater Treatment Facility and Two Medicine Water Treatment Plant on the Blackfeet Indian Reservation in Montana.  

“This proposed settlement follows EPA’s significant compliance assistance efforts to address violations and protect public health and the environment,” said EPA Region 8 Enforcement and Compliance Assurance Division Director Suzanne Bohan. “EPA is committed to ensuring compliance with Clean Water Act requirements that safeguard our rivers, lakes and streams and protect tribal communities.”

EPA and the Company reached the proposed penalty agreement to address the Company’s past violations at its two treatment facilities. These violations included unpermitted discharges of pollutants to surface waters, including a tributary of Willow Creek and a tributary of Two Medicine River, and the failure to complete required monitoring, reporting, and facility operations and maintenance activities. The Company has taken productive steps to remedy past violations, including obtaining discharge permits for both facilities and submitting documentation of required weekly inspections and monitoring conducted by the Company.

The penalty amount was determined using factors in the Clean Water Act for the extent and severity of violations, among others, and it accounts for the Company’s financial ability to pay.

The Clean Water Act prohibits the discharge of pollutants into waters of the U.S. without a permit. These permits establish specific limits for pollutants and other requirements, such as monitoring and reporting, to ensure that discharges do not impact water quality, aquatic life, or human health.

EPA is taking public comments on this proposed settlement and will continue to evaluate and ensure future compliance at these facilities. This proposed agreement is subject to a 30-day public comment period and final approval by the EPA’s Regional Judicial Officer. The public comment period runs from December 20, 2022 through January 19, 2023.  Read the public notice and learn how to provide comments.  

 EPA Press Office:

EPA Adds Sites in Mississippi and Nebraska to the Superfund National Priorities List to Clean Up Pollution and Protect Public Health

WASHINGTON (Dec. 20, 2022) — Today, the U.S. Environmental Protection Agency (EPA) announced that it has added two sites to the Superfund National Priorities List (NPL) where releases of contamination pose significant human health and environmental risks. The addition of Hercules Inc. in Hattiesburg, Mississippi and PCE Carriage Cleaners in Bellevue, Nebraska will prioritize cleanup for these contaminated sites and is important for the health, safety, and revitalization of communities in these areas.

“EPA remains committed to ensuring communities living near the most serious uncontrolled or abandoned releases of contamination get the health and environmental protections they deserve,” said EPA Administrator Michael S. Regan. “Adding the Hattiesburg and Bellevue locations to our National Priorities List will advance environmental justice and help address longstanding pollution that has impacted these communities for far too long.”

Thousands of contaminated sites,Cut from landfills, to processing plants, to manufacturing facilities, exist nationally due to hazardous waste being dumped, left out in the open, or otherwise improperly managed. President Biden’s Bipartisan Infrastructure Law accelerates EPA’s work to clean up this pollution with a $3.5 billion investment in the Superfund Remedial Program. The law also reinstates the Superfund chemical excise taxes, making it one of the largest investments in American history to address legacy pollution. This historic investment strengthens EPA’s ability to tackle threats to human health and the environment, and EPA has already set action in motion to clear the backlog of the 49 contaminated sites which had been awaiting funding to start remedial action.

In addition to funding remediation projects, this investment is enabling EPA to dedicate more of its Congressionally appropriated funds and funds available from Superfund tax revenues for all other Superfund remedial activities, including remedial investigations, feasibility studies, remedial designs, and community involvement activities – thus accelerating cleanup efforts across the country.

EPA is adding the following sites to the NPL:

• Hercules Inc., Hattiesburg, Mississippi: The Hercules Inc. site was home to a former 200-acre chemical manufacturer located in a mixed residential, commercial, and industrial area. During operations, over 250 chemical products, including paper and textile chemicals, paints, varnishes, pesticides, and insecticides were produced. Improper handling and disposal of these chemicals led to soil, waste and groundwater contamination in amounts that exceed EPA’s Regional Screening Levels (RSL) and Safe Drinking Water Act Maximum Contaminant Levels (MCLs).
• PCE Carriage Cleaners, Bellevue, Nebraska: The PCE Carriage Cleaners site was home to a dry cleaner business that resulted in the release of tetrachloroethene (PCE) and trichloroethene (TCE) at the site. This contamination caused overlying commercial and residential properties to have contaminated indoor air due to vapor intrusion. Superfund’s removal program has already installed 21 vapor mitigation systems at mixed commercial and residential buildings to address the contaminated indoor air.

The Superfund Program also advances President Biden’s Justice40 initiative, which aims ensure that federal agencies deliver at least 40% of benefits from certain investments to underserved communities.

Background: 

The NPL includes the nation’s most serious uncontrolled or abandoned releases of contamination. This list serves as the basis for prioritizing EPA Superfund cleanup funding and enforcement actions. Only releases at non-federal sites included on the NPL are eligible to receive federal funding for long-term, permanent cleanup.

Superfund cleanups provide health and economic benefits to communities. The program is credited for significant reductions in both birth defects and blood-lead levels among children living near sites, and research has shown residential property values increase up to 24% within three miles of sites after cleanup.

Since taking office, the Biden-Harris Administration has followed through on updating the NPL twice a year, as opposed to once per year. However, EPA has the discretion to update the list more frequently to address unique circumstances for sites needing cleanup. Today’s announcement marks the third time in 2022 that EPA has updated the NPL.

For information about Superfund and the NPL, please visit EPA’s Superfund webpage.

For Federal Register notices and supporting documents for the NPL and proposed sites, please visit: New Proposed and New Superfund National Priorities List Sites.

For further information: EPA Press Office (press@epa.gov)

 EPA Press Office:

Final EPA Standards for Heavy-Duty Vehicles to Slash Dangerous Pollution and Take Key Step Toward Accelerating Zero-Emissions Future

Beginning in Model Year 2027, EPA’s Clean Trucks Plan will safeguard clean air for millions in communities overburdened by dangerous pollution

WASHINGTON (Dec. 20, 2022) – Today, the U.S. Environmental Protection Agency (EPA) finalized the strongest-ever national clean air standards to cut smog- and soot-forming emissions from heavy-duty trucks beginning with model year 2027. The new standards, which is the first update to clean air standards for heavy duty trucks in more than 20 years, are more than 80% stronger than current standards.

This final rulemaking is the latest step toward implementing the historic Clean Truck Plan, which is moving America’s highly polluting heavy-duty trucking fleet towards low-carbon and electric technologies. Additionally, historic investments from President Biden’s Inflation Reduction Act and Bipartisan Infrastructure Law are accelerating innovation in zero-emissions truck technology, expanding access to clean school and transit buses, and training workers to install and maintain charging infrastructure.

“EPA is taking significant action to protect public health, especially the health of 72 million people living near truck freight routes in America, including our most vulnerable populations in historically overburdened communities,” said EPA Administrator Michael S. Regan. “But we’re not stopping there. This is just the first action under EPA’s Clean Trucks Plan to pave the way toward a zero-emission future. These rigorous standards, coupled with historic investments from the Inflation Reduction Act and the Bipartisan Infrastructure Law, will accelerate President Biden’s ambitious agenda to overhaul the nation’s trucking fleet, deliver cleaner air, and protect people and the planet.”

The final standards will reduce deadly smog and soot from new heavy-duty trucks starting with Model Year 2027. EPA estimates that by 2045, the rule will result in the following annual public health benefits:

 

• Up to 2,900 fewer premature deaths
• 6,700 fewer hospital admissions and emergency department visits
• 18,000 fewer cases of childhood asthma
• 3.1 million fewer cases of asthma symptoms and allergic rhinitis symptoms
• 78,000 fewer lost days of work
• 1.1 million fewer lost school days for children
• $29 billion in annual net benefits

Relative to current rules, the new standards are more than 80% stronger, increase useful life of governed vehicles by 1.5–2.5 times, and will yield emissions warranties that are 2.8–4.5 times longer. This final rule includes provisions for longer useful life and warranty periods. These provisions guarantee that as target vehicles age, they will continue to meet EPA’s more stringent emissions standards for a longer period of time. The rule also requires manufacturers to better ensure that vehicle engines and emission control systems work properly on the road. For example, manufacturers must demonstrate that engines are designed to prevent vehicle drivers from tampering with emission controls by limiting tamper-prone access to electronic pollution controls.

This rulemaking is based on a robust, complete technical record consistent with the authority set forth in the Clean Air Act. EPA engaged a wide variety of stakeholders, including impacted communities, Tribal, state and local governments, industry leaders, environmental organizations, environmental justice organizations, labor groups, and others to develop final standards that are as strong as possible, take effect as soon as possible and will last as long as possible.

Accelerating a Zero Emissions Future

Today’s announcement is the first of three major actions being taken under EPA’s Clean Trucks Plan. In the coming months, EPA intends to release the proposals for the remaining two steps in the Clean Trucks Plan. These include the proposed “Phase 3” greenhouse gas (GHG) standards for heavy-duty vehicles beginning in Model Year 2027, as well as the proposed multipollutant standards for light- and medium-duty vehicles beginning in Model Year 2027. These additional rulemakings will consider recent Congressional action, including historic resources for electrification from the Inflation Reduction Act and the Bipartisan Infrastructure Law that EPA anticipates will lead to swift adoption of zero-emission vehicle technologies. Taken together, these rulemakings will put in place stringent long-term standards that will reduce dangerous smog, soot, and climate pollution from heavy-duty vehicles.

Now that the Agency has taken this final action on reducing NOx emissions nationally from Heavy-Duty trucks, EPA will complete the assessment of the technical and legal record before the Agency and prioritize issuing decisions on the three pending Heavy-Duty program waiver requests from the State of California in early 2023.

Learn more information on the Heavy-Duty NOx rule.
Learn more information on the rest of the Clean Trucks Plan

For further information: EPA Press Office (press@epa.gov)

 EPA Press Office:

EPA Announces FY 2022 Enforcement and Compliance Accomplishments

Agency Takes Significant Steps to Reduce Pollution and Help Overburdened Communities

WASHINGTON – The US Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) recently announced the FY 2022 Annual Environmental Enforcement Results report, highlighting increased inspections in the aftermath of the pandemic, reductions in significant noncompliance under the Clean Water Act, and aggressive actions to target the most serious water, air, land, and chemical violations that impact communities across the country

Taken together, OECA’s criminal, civil, and administrative enforcement cases reduced, treated or eliminated pollutants by 95 million pounds and required violators to pay over $300 million in penalties, fines and restitution. In keeping with EPA’s Strategic Plan, OECA focused on working to mitigate the effects of climate change and advance environmental justice in the enforcement program.

“In FY 2022, EPA’s enforcement and compliance program used a range of tools and best practices to hold polluters accountable and protect communities from environmental and health hazards,” said Larry Starfield, Acting Assistant Administrator for EPA’s Office Enforcement and Compliance Assurance on December 16. “Our FY 2022 accomplishments show that we have targeted the most serious and impactful environmental violations, and particularly violations that affect vulnerable and overburdened communities.”

The Office of Enforcement and Compliance Assurance (OECA) worked to mitigate climate change by creating a new enforcement program under the recently enacted AIM Act to interdict illegal imports of Hydrofluorocarbons (HFCs) in partnership with U.S. Customs and Border Protection.  Those efforts resulted in the denial of entry to HFC imports in 2022 that prevented 889,000 metric tons of CO2 equivalents from entering the U.S. The HFC phaseout under the Kigali Amendment to the Montreal Protocol, once fully implemented, will reduce global warming by .5 degrees centigrade.

EPA’s enforcement and compliance program committed in EPA’s Strategic Plan to increase the percentage of annual on-site inspections in underserved and overburdened communities from 30 to 55 percent by FY 2026.  In FY 2022, EPA surpassed this goal and achieved 56% of on-site inspections in overburdened communities.  The program’s FY 22 accomplishments focused on protecting vulnerable communities using the full range of compliance monitoring and enforcement tools, including inspections, technical assistance supported by advanced technologies, and early actions and innovative remedies to ensure high levels of compliance with federal environmental laws and regulations.

EPA’s FY 2022 enforcement and compliance assurance accomplishments:

• Over 56% of on-site inspections were at facilities affecting communities with potential environmental justice concerns, exceeding the 45% goal set for this year.   
• EPA’s enforcement staff concluded approximately 1,650 civil judicial and administrative cases; of these cases, over 44% addressed facilities in areas with potential environmental justice concerns, the highest percentage since FY 2014, when EPA began tracking.  For example:  
  • USS Lead (East Chicago, IN): In this historically overburdened community, EPA secured commitments from multiple parties and a purchaser to clean up a large former industrial area contaminated with lead and arsenic and return it to a productive use. This complements the cleanup of 807 residential yards and ensures cleanup is completed in one of the site’s two operable units. 
• EPA’s criminal program concluded important cases to protect health and the environment.  For example: 
  • EPA with its federal partners demonstrated that major corporations like FCA US LLC (FCA US), formerly Chrysler Group LLC, will be held accountable for complying with vehicle emission standards.  FCA US was sentenced to pay approximately $300 million in criminal penalties. 
• EPA took aggressive early actions in communities to address drinking water violations, issuing 85 drinking water orders to protect 8 million people using public water systems.  13 of the orders were to address emergency conditions in overburdened communities. 
• Achieved the goal of a 50% reduction of significant noncompliance among facilities permitted under the Clean Water Act.  The national significant non-compliance (SNC) rate has been reduced from 20.3 percent at the start of 2018 to 9.0 percent in FY 2022. 
• EPA also worked with federal agencies to reduce the significant noncompliance rate at federal facilities by 64% compared to the FY18 baseline, helping to improve water quality and to protect people’s health. 
• OECA released ECHO Notify, an email service that allows communities to get email alerts when a local facility has a violation or enforcement action. 

To see EPA’s FY 2022 Annual Environmental Enforcement Results, including case highlights: https://www.epa.gov/enforcement/enforcement-and-compliance-annual-results-fiscal-year-2022

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://echo.epa.gov/report-environmental-violations

For further information: EPA Press Office (press@epa.gov)

EPA Press Office:

EPA Updates New Chemical Review Program Webpage, Metrics, Affirming Commitment to Increased Transparency

WASHINGTON – The U.S. Environmental Protection Agency (EPA) recently announced a redesign and updates to the statistics webpage for the New Chemicals Review Program. The update includes additional information and metrics on the Agency’s review of new chemicals under the Toxic Substances Control Act (TSCA), increasing transparency for the public, the regulated community and other stakeholders. The new information and features will help users understand EPA’s new chemicals review process, throughput, and trends, while highlighting the progress the program has made despite ongoing resource challenges.

“EPA is committed to building a culture of transparency and today’s update is a significant step towards improving transparency in our review of new chemicals,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff on December 15. “The newly enhanced webpage gives users an extensive look at the new chemical review process and provides a clear snapshot of the progress made by the program’s dedicated career staff to ensure public health and environmental protections.”

TSCA requires EPA to review the potential risks of new chemicals before they enter the U.S. marketplace and, when necessary, put safeguards in place to protect human health and the environment. Before TSCA was amended in 2016, EPA issued formal risk determinations for approximately 20% of new chemical submissions. In 80% of cases, EPA dropped the chemical from further review, which under the prior law would allow the manufacturer to take the chemical to market.

Under the 2016 amendments, EPA is required to make an affirmative determination on all new chemical notices submitted under TSCA, substantially increasing the Agency’s workload. Despite the dramatic increase in responsibility, the budget for the TSCA program has remained essentially flat over the past six years.

To address resource limitations, EPA has taken several steps over the past year to create a sustainable program that follows the science and the law. This most recent action represents another important step in that process. Data displayed on the enhanced webpage will be updated monthly. The data show that EPA continues to make positive progress on reviewing new chemicals and managing risks to human health and the environment. With more funding and resources, EPA could further increase the efficiency, effectiveness and transparency of its work.

More detailed breakdown of new chemical submissions

The webpage now contains month-by-month counts of new chemical submissions, completed risk assessments and completed risk management actions for all notices and exemptions, allowing users to track monthly progress on EPA’s new chemicals workload.

The new monthly statistics table shows recent improvement in EPA’s ability to conduct risk assessments efficiently—in October and November, EPA completed 99 risk assessments, more than double from the prior two-month period. This progress is a result of EPA’s aggressive recruitment and training for scientists with relevant experience and background to conduct risk assessments and efforts to continuously improve the program’s review process and procedures.

Additionally, new tables and graphs on the webpage visualize new chemicals submission trends and changes from FY 2010-2022. Previously, the webpage included a count of the total number of completed actions since the 2016 TSCA amendments, but it did not break this information down by fiscal year.

Status tracker for new chemical exemptions

The revised webpage now also includes a tracker for other applications submitted to the New Chemicals Program, including Low-Volume Exemptions (LVEs), Low Release and Low Exposure Exemptions (LoREXs), Test Market Exemptions (TMEs), TSCA Environmental Release Applications (TERAs) and Tier II Exemptions for Microorganisms (Tier IIs). Previously the webpage only included this kind of tracking for Premanufacture Notices (PMNs), Significant New Use Notices (SNUNs) and Microbial Commercial Activity Notices (MCANs).

Exemptions represent over 50% of the new chemical notices submitted to EPA. The new tracker makes it easy for users to monitor the number of active exemption cases currently under review by EPA and their review status, giving stakeholders greater insight into the status of a significant portion of the program’s workload.

Information on the new chemicals review process

The new webpage provides greater detail about the new chemicals review process, including explanations of each step of the review process for notices and exemptions. Also new to the webpage is an explanation of factors that EPA considers when triaging new chemical submissions for review. These factors include the date of receipt of submission, statutory and regulatory deadlines, the level of effort needed to potentially rework some or all of the risk assessment, and the applicability of new approaches EPA has developed to standardize reviews for certain new chemicals. Providing this information helps submitters understand how EPA manages its large workload within limited resource constraints and helps them submit complete notices in the order that matters most for their business.

Other new chemicals improvements

The New Chemicals Program has taken several steps this year to enhance the review process for new chemicals, resulting in 480 risk assessments completed and 447 risk management actions issued in FY 2022. These efforts include:

• Launching innovative approaches to reviewing new biofuels and mixed metal oxides (MMOs) used in new and modified cathode active materials (CAMs), which have helped increase the program’s capacity by standardizing the review process for these chemicals.
• Conducting an outreach initiative consisting of several webinars with stakeholders to explain how EPA evaluates engineering data for new chemical submissions, with the goal of preventing common issues that contribute to delays in new chemical reviews and stretch limited resources.
• Developing a multi-year collaborative research program with ORD and other federal entities to bring innovate science to new chemical reviews before they can enter the marketplace.
• Aggressively recruiting, onboarding and training new staff to conduct risk assessments and developing new policies, guidance and standard operating procedures.

View the new chemicals review statistics webpage.

For further information: EPA Press Office (press@epa.gov)

 EPA Press Office:

EPA and IHS fully fund new $23M Warm Springs water treatment plant

Bipartisan Infrastructure Law funds enable reliable, safe drinking water for 3,800 people

Contact: Meshach A. Padilla, 206-553-2762, padilla.meshach@epa.gov  

Seattle (Dec. 20, 2022) - The U.S. Environmental Protection Agency and the Indian Health Service completed a formal agreement that provides more than $23 million to build a new water treatment plant at the Warm Springs Indian Reservation.  

IHS obligated $13,601,000 toward the project and EPA provided $10,262,000. Nearly all the funding is the result of the Bipartisan Infrastructure Law.

“The Interagency Agreement between EPA and IHS fully funds a new, modern plant that will ensure access to clean and safe drinking water for the 3,800 people in the Warm Springs community,” said EPA Region 10 Administrator Casey Sixkiller. “This is the largest tribal water system award in Region 10 and we’re proud to be a part of such a historic investment in our community.”

The Confederated Tribes of Warm Springs’ leadership prioritized work with EPA, IHS, and other federal and state agencies over several years to plan the project. The Warm Springs Public Water System currently operates an aging water treatment plant that was temporarily shut down earlier this year due to a fire.

“I am grateful that our senators, EPA and IHS have all stepped up to tackle the water quality challenge at Warm Springs.” said Confederated Tribes of the Warm Springs Reservation Tribal Council Chairman Jonathan Smith. “This is an historic investment that will be deeply appreciated by Warm Springs people for decades to come."

“The IHS is very happy and proud to have been able to work with the CTWS, EPA, and other partners in order to secure funding that will provide the Tribal community members of the Warm Springs Reservation with a long-term and reliable source of safe, clean drinking water.” said IHS Area Director, CAPT Marcus Martinez

The new plant will treat water from the Deschutes River using up-to-date technologies and ensure consistent high quality drinking water standards. The design phase is expected to begin in 2023.

“Access to safe and dependable drinking water and sanitation is essential. The Confederated Tribes of Warm Springs are in critical need of a new water treatment plant for residents’ health and safety,” said Senator Jeff Merkley. “I saw first-hand the state of the existing water treatment facility when I toured it with senior administration and tribal officials, and I am pleased to see the EPA join IHS to fund a new, modern treatment plant. Ensuring a reliable supply of clean drinking water is important to meeting our trust obligation to the Warm Springs and to protecting the health of the community.”

 “Water is a human right, and investment in this human right for Tribal communities like the Confederated Tribes of Warm Springs has been neglected by the federal government for far too long,” said Senator Ron Wyden. “These much-needed resources for a water treatment plant will help to reverse this shameful injustice for the Warm Springs, and I’ll keep battling until this community can count on a dependable and safe water supply.”

The Bipartisan Infrastructure Law presents the largest-ever funding opportunity for investing in water infrastructure. EPA is committed to a productive partnership with tribal governments and other federal agencies to maximize the impact of these funds in addressing water challenges. Find out more about programs that help communities manage their water resource on EPA’s Bipartisan Infrastructure Law page.

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 EPA Press Office:

Parties Agree to Pay $150 Million Toward Clean Up of the Lower Passaic River in New Jersey 

Part of the Diamond Alkali Superfund Site

 

Contact: Stephen McBay, (212)-637-3672, mcbay.stephen@epa.gov

NEW YORK (December 16, 2022) – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced today a proposed consent decree with 85 potentially responsible parties, requiring them to pay a total of $150 million to support the cleanup work and resolve their liability for discharging hazardous substances into the Lower Passaic River, which is part of the Diamond Alkali Superfund Site in Newark, New Jersey.

EPA and DOJ alleged that these 85 parties are responsible for releases of hazardous substances into the Lower Passaic River, contaminating the 17-mile tidal stretch, including the lower 8.3 miles. The proposed consent decree seeks to hold the parties accountable for their share of the total cost of cleaning up this stretch of the river.

"This agreement continues our work of ensuring responsible parties pay for or conduct the cleanup of the Passaic River. Today's agreement requires those responsible for the contamination to pay their fair share for releasing hazardous substances into the Lower Passaic," said Regional Administrator Lisa F. Garcia, “This work brings us closer to a cleaner healthier river that can be enjoyed by those who live near its banks."

“This agreement holds responsible parties financially accountable for the legacy of pollution in the Lower Passaic River,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement will advance the cleanup of the river for the benefit of those communities living alongside it who have been historically overburdened by pollution.”

“Newark, Harrison, and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long,” said First Assistant U.S. Attorney Vikas Khanna for the District of New Jersey. “This agreement is an important step forward. It will support significant cleanup efforts that restore this historic waterway, advance a new chapter of responsible land use, and return the river to the people of New Jersey.

On behalf of EPA, DOJ lodged the consent decree with the U.S. District Court for the District of New Jersey. If and when the settlement becomes final, EPA expects to use the settlement funds to support ongoing efforts to clean up the site, specifically the lower 8.3 miles and the upper 9 miles which make up the entire 17-mile Lower Passaic River Study Area. In addition to the proposed consent decree, EPA has reached several related agreements, including one whereby many parties investigated the 17-mile Lower Passaic River, another whereby Occidental Chemical Corporation, a potentially responsible party, is designing the cleanup chosen for the lower 8.3 miles, and several cost recovery agreements that resulted in payments to EPA of millions of dollars.

This consent decree is subject to a 45-day public comment period and will be available for public review on the Justice Department website.

After the close of the comment period, DOJ and EPA will evaluate any comments received and prepare a response to the comments. If the government still considers the settlement appropriate, it will seek approval of the consent decree by the court.

For additional information and site background, visit Diamond Alkali Superfund Profile Page.

Follow EPA Region 2 on Twitter and Facebook page. For more information about EPA Region 2, visit our website.

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