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Tuesday, April 5, 2022

EPA Announces Strategy to Protect Water Quality by Accelerating Nutrient Pollution Reductions

 EPA News Release:


EPA Announces Strategy to Protect Water Quality by Accelerating Nutrient Pollution Reductions

WASHINGTON (Apr 5, 2022) – Today, U.S. Environmental Protection Agency (EPA) Assistant Administrator for Water, Radhika Fox, released a new policy memorandum on Accelerating Nutrient Pollution Reductions in the Nation’s Waters. This memo reaffirms EPA’s commitment to working with federal agencies, state co-regulators, Tribes, water stakeholders, and the agricultural community to advance progress in reducing excess nutrients in our nations waters.

 

“Nutrient pollution is one of America's most widespread, costly, and challenging environmental problems,”  said EPA Assistant Administrator for Water Radhika Fox. “At the same time, promising innovations, creative partnerships, holistic One Water solutions, and unprecedented opportunities to invest in clean and safe water through the Bipartisan Infrastructure Law have the potential to rapidly accelerate progress on nutrient pollution. Our nutrients memo is a call for scaling up the innovative approaches being used by farmers, ranchers, water agencies, local municipalities, industry, and communities to make progress.”

 

In the memo issued today, EPA commits to deepening existing partnerships and fostering new collaboratives with the U.S. Department of Agriculture (USDA), states, Tribes, territories, agriculture, industry, and the broader water sector. The agency will support innovation and pursue science-based and data-driven strategies to reduce excess nutrients in our nations waters. Critically, EPA will also provide technical assistance and other support to help states, Tribes, and territories scale effective nutrient loss reduction strategies. The Bipartisan Infrastructure Law also provides dedicated resources to accelerate efforts, such as the work happening through the Gulf Hypoxia Taskforce on state nutrient reduction strategies. EPA will also continue to evolve and implement the Clean Water Act regulatory framework to holistically address nutrient pollution. 

 

“Through voluntary, incentive-based conservation programs, USDA helps agricultural producers improve the timing and application method of nutrients, which supports food and fiber production while also reducing the impacts on the environment,” said Under Secretary for Farm Production and Conservation Robert Bonnie.  “USDA is proud to partner with EPA, farmers, ranchers and others to reduce excess nutrients in America’s waters. Effective nutrient management not only improves plant health and productivity, but also reduces excess nutrients in surface and ground water as well as emissions of greenhouse gases that contribute to climate change.”

 

“In Wisconsin, we are dedicated to ensuring everyone has access to clean, safe water. Nitrates in our drinking water and other nutrient pollution impacts Wisconsin residents every day,” said Secretary of the Wisconsin Department of Natural Resources Preston Cole. “Wisconsin welcomes EPA’s commitment to partnering with states and with agriculture to tackle the challenge of nutrient pollution. We also appreciate the leverage that the Bipartisan Infrastructure Law offers to address nutrient pollution from a variety of sources. The strategies outlined in EPA’s nutrients memo will help all of us make progress to protect public health and our Nation’s waters.”

 

Additionally, under this policy memo, EPA will prioritize nutrient pollution reduction, treatment, and mitigation activities that help protect public health and the environment in our most vulnerable communities. Disadvantaged communities across the country disproportionately bear the brunt of environmental impacts from nutrient pollution and lack the resources to address these issues on their own.

 

View EPA’s memo at: https://www.epa.gov/nutrient-policy-data/2022-epa-nutrient-reduction-memorandum.

 

Learn more about EPA’s efforts to address excess nutrients at: https://www.epa.gov/nutrient-policy-data.

 

Background

Nutrient pollution is a continuing and growing challenge with profound implications for public health, water quality, and the economy. In a changing climate, the complexity and severity of the problem is increasing. Nutrients are the most widespread stressor impacting rivers and streams.  Fifty eight percent of the nation’s rivers and streams and 45% of our lakes have excess levels of phosphorus. About two-thirds of the nation's coastal areas and more than one-third of the nation's estuaries are impaired by nutrients. 

EPA Proposes to Ban Ongoing Uses of Asbestos, Taking Historic Step to Protect People from Cancer Risk

 EPA News Release:


EPA Proposes to Ban Ongoing Uses of Asbestos, Taking Historic Step to Protect People from Cancer Risk

Proposed Rule is First-Ever Risk Management Rule Issued Under New Process in 2016 Lautenberg Chemical Safety Act

WASHINGTON - Today the U.S. Environmental Protection Agency (EPA) is taking action to protect people from asbestos exposure by releasing a proposed rule to prohibit ongoing uses of the only known form of asbestos currently imported into the U.S. This proposed rule is the first-ever risk management rule issued under the new process for evaluating and addressing the safety of existing chemicals under the Toxic Substances Control Act (TSCA) that was enacted in 2016.

“Today, we’re taking an important step forward to protect public health and finally put an end to the use of dangerous asbestos in the United States,” said EPA Administrator Michael S. Regan. “This historic proposed ban would protect the American people from exposure to chrysotile asbestos, a known carcinogen, and demonstrates significant progress in our work to implement the TSCA law and take bold, long-overdue actions to protect those most vulnerable among us.”

The proposed rule would ban chrysotile asbestos, the only known form of asbestos that’s currently imported into the U.S., which is found in products like asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets also imported into the U.S.

This proposal would rectify a 1991 court decisionEXITEXIT EPA WEBSITE that largely overturned EPA’s 1989 ban on asbestos that significantly weakened EPA’s authority under TSCA to address risks to human health from asbestos or from any other existing chemical. With the 2016 amendments to TSCA, the law was radically transformed with clear requirements and a mandate to comprehensively prioritize and evaluate chemicals and put in place strong and timely protections against any unreasonable risks.

EPA is also proposing targeted disposal and recordkeeping requirements in line with industry standards, Occupational Safety and Health Administration requirements, and the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP). The proposed disposal and recordkeeping requirements would take effect 180 days after the effective date of the final rule.

Use of asbestos in the U.S. has been declining for decades, and its use is banned in over 50 countries. Although there are several known types, the only form of asbestos known to be currently imported, processed, or distributed for use in the United States is chrysotile. Raw chrysotile asbestos currently imported into the U.S. is used exclusively by the chlor-alkali industry. Most consumer products that historically contained chrysotile asbestos have been discontinued. In December 2020, EPA issued a final risk evaluation that found unreasonable risks to human health from conditions of use associated with six categories of products.

To address these unreasonable risks, the proposed rule would prohibit manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for six categories of chrysotile asbestos-containing products: asbestos diaphragms, sheet gaskets, oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets. The proposed prohibition on the manufacture, processing, and distribution in commerce will also address consumer exposure to chrysotile asbestos. The prohibitions relating to asbestos diaphragms and sheet gaskets for commercial use are proposed to take effect two years after the effective date of the final rule; the proposed prohibitions relating to oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets for commercial use are proposed to take effect 180 days after the effective date of the final rule.

Chlor-alkali chemicals are used in sectors important to the national economy and in operations that can help protect human health such as drinking water treatment, which uses chlorine manufactured through the chlor-alkali process. While chlorine is a commonly used disinfectant in water treatment, there are only 10 chlor-alkali plants in the U.S. that still use asbestos diaphragms to produce chlorine and sodium hydroxide. One plant is expected to close this year. The nine remaining chlor-alkali plants using asbestos diaphragms range in age from 40 to 123 years old and none have increased use of asbestos diaphragms in approximately 17 years. The use of asbestos diaphragms has been declining and these remaining plants only account for about one-third of the chlor-alkali production in the country. Alternatives to asbestos-containing diaphragms for chlor-alkali plants exist, and the use of alternatives, specifically membrane cells, accounts for almost half of the country’s chlor-alkali production. 

In addition to addressing the significant human health effects of chrysotile asbestos exposure, today’s proposal, if finalized, is also expected to generate health benefits from reduced air pollution associated with electricity generation as chlor-alkali production is one of the most energy-intensive industrial operations. Environmental justice concerns in communities surrounding some of the affected chlor-alkali facilities and other chemical manufacturers would also benefit from reduced levels of soot and other air pollution from the electricity generation needed to support these facilities.

Separately, EPA is also evaluating legacy uses and associated disposals, other types of asbestos fibers in addition to chrysotile, and conditions of use of asbestos in talc and talc-containing products in a supplemental risk evaluation for asbestos. EPA released the draft scope for the second part of the asbestos risk evaluation in December 2021 and will publish the final risk evaluation by December 1, 2024.

EPA will accept public comments on the proposed rule for chrysotile asbestos for 60 days following publication in the Federal Register via docket EPA-HQ-OPPT-2021-0057 at https://www.regulations.gov/EXITEXIT EPA WEBSITE.

Learn more about EPA actions to protect the public from exposure to asbestos.

EPA Releases FY 2023 Congressional Budget Justification

 EPA News Release:


EPA Releases FY 2023 Congressional Budget Justification

The President’s Fiscal Year 2023 budget requests $11.881 billion for the Environmental Protection Agency (EPA)’s essential work to protect people from pollution.

WASHINGTON (April 5, 2022) – Following last week’s release of the President’s Budget for fiscal year 2023, today the EPA announced the detailed FY 2023 Congressional Justification. These materials include further details on proposed funding across all EPA programs and descriptions of individual investments. The Budget makes historic investments to advance key priorities in the FY 2022-2026 EPA Strategic Plan, including tackling the climate crisis, advancing environmental justice, protecting air quality, upgrading the Nation’s aging water infrastructure, and rebuilding core functions at the Agency.

As highlighted last week, the FY 2023 President’s Budget makes critical investments across environmental priorities. Highlights include:

  • Upgrading Drinking Water and Wastewater Infrastructure Nationwide. The Budget provides approximately $4 billion to advance efforts to upgrade drinking water and wastewater infrastructure nationwide, with a focus on underserved communities. This includes approximately $1 billion to  fully fund water grant programs authorized in the Drinking Water and Wastewater Infrastructure Act (DWWIA).  The Budget also supports water infrastructure with an increase of $160 million in grants to reduce lead in drinking water and an increase of $240 million for the Sewer Overflow and Stormwater Reuse grant program. The Budget proposes a new $25 million water sector cybersecurity grant program. The Budget also maintains funding for the State Revolving Funds, which will complement the $23.4 billion provided for the traditional SRF programs over five years in the recently enacted Infrastructure Investment and Jobs Act.

 

  • Ensuring Clean and Healthy Air for All Communities. The Budget allocates $1.1 billion to improve air quality and reduce localized pollution, reduce exposure to radiation, and improve indoor air for communities across the country. This includes $152 million to support the development and implementation of national emission standards to reduce air pollution from vehicles, engines and fuels. The Budget also supports $299 million to assist air pollution control agencies in the development, implementation, and evaluation of programs for the National Ambient Air Quality Standards (NAAQS) and to establish standards for reducing air toxics.

 

  • Tackling the Climate Crisis. The Budget prioritizes funding for tackling the climate crisis and invests an additional $100 million in grants to Tribes and states that will support on-the-ground efforts to reduce greenhouse gas emissions and increase resiliency in the Nation’s infrastructure. The Budget proposes an additional $35 million to implement the American Innovation in Manufacturing Act to continue phasing out potent greenhouse gases known as hydrofluorocarbons and invests an additional $13 million in wildfire prevention and readiness.

 

  • Advancing Environmental Justice. The Administration is committed to increasing efforts to deliver environmental justice in communities across the Nation. The Budget supports the President’s Justice40 commitment to ensure at least 40 percent of the benefits of federal investments in climate and clean energy reach historically overburdened and underserved communities. The Budget invests more than $1.45 billion across the Agency’s programs that will help create good-paying jobs, clean up pollution, advance racial equity, and secure environmental justice for all communities. To elevate environmental justice as a top Agency priority, EPA has proposed a new national environmental justice program office to coordinate and maximize the benefits of the Agency’s programs and activities for underserved communities.

 

  • Protecting Communities from Hazardous Waste and Environmental Damage. Preventing and cleaning up environmental damage that harms communities and poses a risk to public health and safety continues to be a top priority for the Administration. The Budget provides $1.15 billion for EPA’s Superfund programs to continue cleaning up some of the Nation’s most contaminated land and respond to environmental emergencies. The Budget also includes $215 million for EPA’s Brownfields programs to provide technical assistance and grants to communities, including overburdened and underserved communities, so they can safely clean up and reuse once contaminated properties. The Budget supports additional Community Development Specialists to manage land revitalization projects and works with Tribal, rural, and overburdened and underserved communities to address brownfields.

 

  • Strengthening Our Commitment and Ability to Successfully Implement Toxic Substances and Control Act (TSCA). The Budget provides $124 million and 449 FTE for TSCA efforts to deliver on the promises made to the American people by the bipartisan Lautenberg Act. These resources will support EPA-initiated chemical risk evaluations and protective regulations in accordance with statutory timelines. 

 

  • Tackling Per- and Polyfluoroalkyl Substances (PFAS) Pollution. PFAS are a group of man-made chemicals that threaten the health and safety of communities across the Nation. As part of the President’s commitment to tackling PFAS pollution, the Budget provides approximately $126 million in FY 2023 for EPA to increase its understanding of human health and ecological effects of PFAS, restrict uses to prevent PFAS from entering the air, land, and water, and remediate PFAS that have been released into the environment. EPA will continue to act on the Agency’s PFAS Strategic Roadmap to safeguard communities from PFAS contamination. 

 

  • Enforcing and Assuring Compliance with the Nation’s Environmental Laws. The Budget provides $213 million for civil enforcement efforts, which includes increasing enforcement efforts in communities with high pollution exposure and to prevent the illegal importations and use of hydrofluorocarbons in the U. S. The Budget also includes $7 million to operate a coal combustion residuals compliance program, $148 million for compliance monitoring efforts, and $69 million for criminal enforcement efforts, including the development of a specialized criminal enforcement task force to address environmental justice issues in partnership with the Department of Justice.

 

  • Restoring Critical Capacity to Carry Out EPA’s Core Mission. The Budget includes more than 1,900 new Full Time Equivalents (FTEs) relative to current levels, for a total of more than 16,200 FTEs, to help rebuild the Agency’s capacity. Restoring staffing capacity across the Agency will facilitate and expedite EPA’s work to reduce air, water, and climate pollution and advance environmental justice. The Budget continues to strengthen the Agency’s ability to recruit, hire, develop, promote, and retain top talent and remove barriers to equal opportunity at the management and staff levels in order to strengthen and advance diversity, equity, inclusion, and accessibility.

 

The Budget makes these smart investments while also reducing deficits and improving our country’s long-term fiscal outlook.

 

Click here for more information on the President’s FY 2023 Budget request.

 

Click here for more information about the EPA’s FY 2023 Congressional Justification and Budget in Brief.

EPA Releases Proposed Changes to the Indian Environmental General Assistance Program

 EPA News Release:


EPA Releases Proposed Changes to the Indian Environmental General Assistance Program

WASHINGTON (April 4, 2022) – Today, the U.S. Environmental Protection Agency (EPA) released proposed changes to the guidance and allocation of the Indian Environmental General Assistance Program (GAP). GAP is EPA’s largest capacity building program for Tribes. Enacted by Congress in 1992, GAP provides grants and technical assistance to Tribes and intertribal consortia to plan, develop, and establish environmental protection programs and to implement solid and hazardous waste programs and service delivery activities. In FY21, $66.25M was awarded to more than 525 grantees to address their environmental priorities.

“GAP is one of the primary resources EPA uses to support our government-to-government partnership with Tribes. In the past 30 years, Tribes have made tremendous progress in building Tribal environmental program capacities with GAP, producing incredibly impactful and meaningful environmental outcomes,” said EPA Assistant Administrator Jane Nishida.

“GAP has assisted recipients across the nation to identify and address environmental priorities impacting their communities, homelands, and lifeways,” said JoAnn Chase, Director of American Indian Environmental Office.

The Tribal consultation opportunity on proposed changes to the National GAP Allocation and GAP Guidance on the Award and Management of General Assistance Agreements for Tribes and Intertribal Consortia begins today, April 4, 2022, and will continue through August 2, 2022. The draft changes reflect considerable input from Tribal governments, including consultations on how to improve the administration of GAP and potential changes to the allocation methodology, numerous tribal engagements, and tribal participation in guidance revision workgroups. The draft changes advance our government-to-government partnership with Tribes by providing greater flexibility, access, transparency and accountability in EPA’s funding and performance management approaches to GAP.

Throughout the year, the EPA’s American Indian Environmental Office (AIEO) is recognizing the 30th Anniversary of GAP by highlighting the successes of Tribes and the environmental improvements in their communities. Tribes have used GAP for a broad range of capacity building and solid and hazardous waste implementation activities, including assessment of environmental conditions and strategies to combat air, water, and land pollution, conducting public education and outreach to prepare and inform communities to participate in environmental decision-making, developing codes and ordinances, and training of tribal government inspectors to conduct compliance monitoring activities.

Additionally, GAP has helped Tribes receive 97 program delegations to date to administer programs relevant to the Clean Water Act, Safe Drinking Water Act, and the Clean Air Act, and has supported the development of nearly 300 Integrated Waste Management Plans for implementing tribal waste management programs.

Projects stemming from this Tribal grant opportunity will help achieve the goals of President Biden’s Justice40 initiative, which aims to ensure that federal agencies deliver at least 40% of benefits from certain investments to underserved communities.

For more information about EPA’s programs in Indian country, click here

Monday, April 4, 2022

EPA Proposes Removing Portion of Tybouts Corner Landfill from List of Nation’s Most Contaminated Sites

 EPA News Release:


EPA Proposes Removing Portion of Tybouts Corner Landfill
from List of Nation’s Most Contaminated Sites

EPA seeks comments on proposal to remove portion of site from EPA’s National Priorities List

PHILADELPHIA (April 4, 2022) – The U.S. Environmental Protection Agency announced today that it has proposed deleting a portion of the Tybouts Corner Landfill in New Castle, Delaware, from the Superfund National Priorities List (NPL). The NPL is a list of the nation’s most contaminated hazardous waste sites.

EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to the point where they can be deleted from the NPL.

“Deleting sites from the NPL is a major milestone for Superfund impacted communities,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz.  “An NPL deletion, and even a portion of a site, signals that cleanup is complete and the site no longer poses a threat to public health and the environment.”

Thousands of contaminated sites, from landfills, 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 will accelerate EPA’s work to help communities clean up these contaminated sites with a $3.5 billion investment in the Superfund Remedial Program and 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.

The Tybouts Corner Landfill Site is in New Castle County, Delaware, approximately 10 miles south of Wilmington and four miles west of the Delaware River. The site was used by the New Castle County Department of Public Works as a municipal sanitary landfill which accepted industrial wastes from December 1968 until July 1971. The landfill consisted of two non-adjoined sections, a West Landfill that was about four acres in size and the Main Landfill that was about 47 acres, with waste ranging from five to 40 feet thick. Contamination was found in two nearby wells in 1976 and again in 1983.

The site is being addressed through federal and Potentially Responsible Party (PRP) actions.  Based on cleanup activities, soil and groundwater monitoring data and no existing waste remaining on site, EPA has determined that actions are complete for the two parcels on Tybouts Corner Landfill and have been proposed for partial deletion from the NPL.

EPA issued a Record of Decision (ROD)  and three subsequent Explanations of Significant Differences (ESDs), 1992 ESD, 2000 ESD and the 2021 Explanation of Significant Differences  that documents land and groundwater use restrictions for the site.

EPA also negotiated several Consent Decrees with numerous companies to perform the remedial design and remedial action. The remedy included:

  • Material in the West Landfill was excavated and consolidated with the waste in the Main Landfill.
  • A groundwater pumping system consisting of eight extraction wells was installed to contain contaminated groundwater at the landfill.
  • A subsurface slurry wall, a subsurface barrier that impedes or stops groundwater flow, was installed to prevent clean groundwater from entering the landfill.
  • A multi-layer cap was constructed to prevent rain from entering the waste material in the landfill.
  • A (passive) venting system was installed to prevent the build-up of landfill gases within the landfill, which uses existing variations in landfill pressure and gas concentrations to vent landfill gas into the atmosphere.

In 1996, a temporary active gas venting system was installed in the Main Landfill portion of the Site due to detection of landfill gas outside the boundaries of the landfill. In 2000, a permanent active gas venting system was installed. The active gas venting system is designed with vacuums or pumps to move gas out of the landfill and is effective in preventing the migration of underground landfill gas beyond the landfill property boundary. Annual monitoring of the passive landfill gas vents continues.

In May 2007, contaminant concentrations in groundwater decreased significantly and EPA and the Delaware Department of Natural Resources and Environmental Control (DNREC) agreed to shut down the pumping wells. In 2008, quarterly monitoring of the groundwater ceased, and the wells are now sampled semi-annually.  A Groundwater Management Zone established by the State of Delaware that restricts groundwater use will remain in place for the Main Landfill portion of the site until determined unnecessary.

While significant progress has been made in the clean-up of the Main Landfill portion of the Tybouts Corner site, all performance standards have not yet been achieved and it will remain on the NPL. 

EPA published a Federal Register Notice on March 31 proposing to delete all or part of 10 sites from the NPL. There will be a public comment period through May 2. The agency plans to publish another notice with additional final and proposed deletions this fall.

 

To comment, visit: http://www.regulations.gov, Docket #  EPA-HQ-OLEM-2021-0797

EPA Proposes Removing Chem-Solv Site from List of Nation’s Most Contaminated Sites

 EPA News Release:


EPA Proposes Removing Chem-Solv Site
from List of Nation’s Most Contaminated Sites

EPA seeks comments on proposal to remove site from EPA’s National Priorities List

PHILADELPHIA (April 4, 2022) – The U.S. Environmental Protection Agency announced today that it is seeking comments on the proposed deletion of the Chem-Solv, Inc. Site in Cheswold, Delaware, from the Superfund National Priorities List (NPL). The NPL is a list of the nation’s most contaminated hazardous waste sites.

EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to the point where they can be deleted from the NPL.

“Deletions from the NPL can revitalize communities, raise property values, and promote economic growth by signaling to potential developers and financial institutions that cleanup is complete,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “This can be especially impactful for communities with environmental justice concerns.”

The Chem-Solv, Inc. site is located on a 1.5-acre property in Cheswold, Delaware. Chem-Solv was a small solvent distillation facility beginning in 1982.

The facility recycled waste solvents, but in 1984 an explosion and fire at the site destroyed the facility. After the fire, authorities evaluated the Columbia Aquifer beneath the site and found high concentrations of volatile organic compounds (VOCs), primarily trichloroethene (TCE).  TCE is a heavy colorless highly toxic liquid used as a solvent to clean electronic components and for dry cleaning.

Groundwater recovery and treatment was conducted from 1997-2017. In 2017, groundwater sampling showed concentrations had dropped below cleanup levels and groundwater extraction and treatment was conditionally discontinued.

EPA has conducted several five-year reviews of the site’s remedy. These reviews ensure that the remedies put in place protect public health and the environment, and that they function as intended. The most recent, 2018 Five-Year Review (PDF), concluded that the remedy continues to be protective of human health and the environment.  A Groundwater Management Zone established by the State of Delaware that restricts groundwater use will remain in place until determined unnecessary.

Based on monitoring data collected, EPA determined that the response at the Chem-Solv Site is complete and as a result, the Site has been proposed for deletion from the NPL.

EPA published a Federal Register Notice on March 31, proposing to delete all or part of 10 sites from the NPL. There will be a public comment period through May 2. The agency plans to publish another notice with additional final and proposed deletions this fall.

To comment, visit: http://www.regulations.gov  EPA-HQ-OLEM-2021-0934

EPA Proposes Removing C&R Battery Site from List of Nation’s Most Contaminated Sites

 EPA News Release:


EPA Proposes Removing C&R Battery Site from List of
Nation’s Most Contaminated Sites

EPA seeks comments on proposal to remove site from EPA’s National Priorities List

PHILADELPHIA (April 4, 2022) – The U.S. Environmental Protection Agency (EPA) announced today that it is seeking comments on the proposed deletion of the C&R Battery Company, Inc. Superfund Site in Chesterfield County, Virginia, from the Superfund National Priorities List (NPL). The NPL is a list of the nation’s most contaminated hazardous waste sites.

EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to the point where they can be deleted from the NPL.

“Deletions from the NPL can revitalize communities, raise property values, and promote economic growth by signaling to potential developers and financial institutions that cleanup is complete,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “This can be especially impactful for communities with environmental justice concerns.  We’re happy to propose this site to be deleted from the National Priorities List because it means that EPA has followed through with its promise to clean up this site and protect human health and the environment.”

The 11-acre C&R Battery Company site is located near the James River in Chesterfield County, Virginia. Between the early 1970s and 1985, C&R Battery Co., Inc. used the site to dismantle batteries from cars, trucks and commercial applications in order to recover lead and lead oxide. The process involved cutting open batteries and draining acid into on-site ponds. These practices contaminated soil, sediment and surface water with lead and other hazardous chemicals.

EPA oversaw the Potentially Responsible Parties (PRP’s) cleanup of the site contamination.  Cleanup activities included:

  • Excavation of lead-contaminated soil and sediment, collecting it into solid form, and stabilizing the contaminated soil and sediment.
  • Disposal of the stabilized material in a nearby solid waste landfill.
  • Site grading.
  • Placement of clean topsoil over the entire site and replanting greenery at the site.

As a result of the clean-up, there are no releases from the site to groundwater or nearby surface water. The James River wetlands, an area approximately three miles downstream typically used for recreational purposes, were determined to be free of site contaminants as well.

In 2017, EPA concluded that the acidity of groundwater at the site is consistent with background conditions and that groundwater monitoring is no longer required. Land use restrictions are in place to ensure the continued protectiveness of the remedy.

Based on monitoring data collected, EPA determined that the response at the C&R Battery Site is complete and as a result, the site has been proposed for deletion from the NPL.

EPA published a Federal Register Notice on March 31, proposing to delete all or part of 10 sites from the NPL. There will be a public comment period through May 2. The agency plans to publish another notice with additional final and proposed deletions this fall.

To comment, visit: http://www.regulations.gov, Docket #  # EPA-HQ-OLEM-2021-0798