Protecting natural resources, including air, land and water. Also of interest are threatened and endangered species as well as endangered species. Conservation (wildlife, soil, water, etc.) issues also discussed. Topics include: RCRA, CERCLA, Clean Water Act (CWA), NEPA, 404 Permits, EPCRA, FIFRA, and others.
Search This Blog
Monday, October 9, 2023
Friday, October 6, 2023
Biden-Harris Administration Advances Latest Actions to Address Climate-Damaging HFC Emissions and Boost American Leadership on Safer, More Efficient Technologies
EPA Press Office:
Biden-Harris Administration Advances Latest Actions to Address Climate-Damaging HFC Emissions and Boost American Leadership on Safer, More Efficient Technologies
One year after President Biden’s historic signing of the Kigali Amendment, EPA continues progress on phasedown of super-polluting hydrofluorocarbons
WASHINGTON (October 6, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced the latest actions to phase down climate-damaging hydrofluorocarbons (HFCs) under the bipartisan American Innovation and Manufacturing (AIM) Act, building on the Biden-Harris Administration’s progress in accomplishing an initial 10% reduction and helping achieve an 85% reduction by 2036. The first new action is a final rule to accelerate the ongoing transition to more efficient and climate-safe technologies in new refrigeration, heating and cooling systems and other products by restricting the use of HFCs where alternatives are already available. The second action is a proposed rule to better manage and reuse existing HFCs, including by reducing wasteful leaks from equipment and supporting a growing American industry for HFC recycling and reclamation. These actions come one year after President Biden signed the U.S. ratification of the Kigali Amendment, an international agreement to phase down super-polluting HFCs and help avoid up to 0.5 °C of global warming by 2100.
Under the AIM Act, the Biden-Harris Administration is phasing down HFCs to achieve a 40% reduction of HFCs starting in 2024 and an 85% reduction by 2036. Today’s actions will support the national phasedown, including through an additional $4.5 billion in estimated savings for industry and consumers, while supporting good-paying American manufacturing jobs to produce the next generation of equipment and HFC alternatives.
“Today’s actions embody President Biden’s leadership on the climate crisis by tackling these planet warming chemicals while investing in American technology and innovation,” said EPA Administrator Michael S. Regan. “This final rule supports our transition away from HFCs and positions our nation to be competitive on the global stage, while the proposed emissions reduction and reclamation program will help ensure we achieve our national HFC phasedown.”
“President Biden delivered bipartisan ratification of the first environmental treaty in decades, positioning the United States to lead on innovating and manufacturing alternatives to super-polluting HFCs,” said White House National Climate Advisor Ali Zaidi. “Now, we are building on that progress with ambitious new action from EPA and continued collaboration across federal agencies to combat climate-damaging HFCs while creating good-paying jobs and boosting American competitiveness.”
“Today’s announcement represents another important step forward in curtailing the use of super-polluting refrigerants known as HFCs,” said Senator Tom Carper (D-Del.), Chairman of the Senate Environment and Public Works Committee. “We know that HFCs are thousands of times more potent than carbon dioxide at trapping heat in our atmosphere. Fortunately, thanks to the Kigali Amendment and the bipartisan AIM Act, which I proudly co-authored, the Biden Administration is phasing down HFCs in a way that advances our climate goals and supports American manufacturers — turning adversity into opportunity."
The final Technology Transitions rule will help guide the overall phasedown by accelerating the transition away from HFCs in areas where substitutes are already available or being introduced—a key prong of the bipartisan AIM Act. This final rule addresses petitions from companies, industry associations, environmental groups, and state governments that were granted in October 2021 and September 2022 and restricts the use of certain HFCs in over 40 types of foams, aerosol products, and refrigeration, air conditioning, and heat pump equipment. The rule bans HFCs in certain equipment and sets a limit on the global warming potentials (GWPs) of the HFCs that can be used in each subsector, with compliance dates ranging from 2025 to 2028. This rule applies to both imported and domestically manufactured products, which will help ensure a level playing field for American businesses that are already transitioning to HFC alternatives.
The proposed program to manage emissions reduction and reclamation of HFCs and their substitutes would help minimize HFC leaks across the lifespan of existing equipment, such as air conditioners and refrigeration systems, while also maximizing the reuse of existing HFCs—supporting a growing American industry for recovering HFCs from existing equipment and reclaiming them to be used again, all while reducing lifecycle emissions. The proposed rule includes requirements for repairing leaky equipment, use of automatic leak detection systems on large refrigeration systems, use of reclaimed HFCs for certain applications, recovery of HFCs from cylinders before their disposal, and a container tracking system.
EPA estimates that the Technology Transitions rule would provide additional cumulative greenhouse gas emissions reductions of at least 83 million metric tons of carbon dioxide equivalent (MMTCO2e) from 2025 – 2050, a benefit of at least $3 billion. In addition to climate benefits, this final rule is estimated to provide $4.5 billion in savings for industry and consumers through 2050, largely from improved energy efficiency and lower cost refrigerants. The proposed rule on an HFC emissions reduction and reclamation program is estimated to prevent at least an additional 142 MMTCO2e of HFC emissions over the same time, an incremental net benefit of at least $6.1 billion. Both actions will help unlock additional climate benefits and savings in addition to the national phasedown program, which is estimated to provide approximately $270 billion in benefits.
“The Technology Transitions provisions of the AIM Act are critical to ensuring an orderly transition from higher GWP refrigerants to lower GWP refrigerants while creating American jobs and protecting the environment,” said Stephen Yurek, President and CEO of the Air-Conditioning, Heating & Refrigeration Institute. “AHRI has appreciated the opportunity to participate in this rulemaking and looks forward to continuing to work constructively with the EPA to assist American manufacturers in developing and deploying economical, efficient, and affordable new refrigerant technologies."
“Alliance members commend the timely release of the technology transitions rule to implement the AIM Act, and the proposed rule on HFC Refrigerant Management,” said Kevin Fay, Executive Director of the Alliance for Responsible Atmospheric Policy. “These actions are the two important remaining policy legs of the AIM Act phasedown of HFC compounds. U.S. industry has invested several billion dollars in development and introduction of low-GWP compounds and technologies, and the Biden Administration’s timely action reflects the value attributed to this investment and these important implementing actions.”
“We welcome EPA’s continued action to phase down HFCs, speed the transition to cost-effective alternatives, and ensure these harmful pollutants are reclaimed and recovered,” said Casey Katims, Executive Director of the U.S. Climate Alliance. “These rules build on the strong foundation Alliance states established and we look forward to working with EPA to continue to maximize the benefits for consumers and communities.”
Delivering Progress on the National HFC Phasedown
Last week, EPA also issued HFC allowances, which allow companies to produce or import bulk HFCs for calendar year 2024. In 2024, the overall number of allowances will be significantly lower than in 2023, as Congress has directed a reduction to 60% of the historic baseline levels of HFCs, down from 90% available this year. Allowances are issued consistent with the methodology laid out in the final rule “Allowance Allocation Methodology for 2024 and Later Years” that EPA published in July.
In August, the Interagency Task Force on Illegal HFC Trade, co-led by EPA and the Department of Homeland Security and comprised of the Departments of Defense, Justice, and State, held their semi-annual meeting along with the White House and participants from the Environmental Investigation Agency. The Task Force reported that since the allowance program went into effect on January 1, 2022, they have prevented over 1.1 MMTCO2e of illegal HFC shipments—equivalent to the greenhouse gas emissions from nearly 250,000 gasoline-powered cars in a year. The Task Force is working diligently to continue to improve real-time monitoring of our borders to prevent illegal HFC trade, especially leading up to the 2024 reduction in HFC imports. EPA also continues to issue administrative consequences, retiring or revoking allowances from companies that misreport or import HFCs without expending the proper number of allowances. Retired allowances are no longer available to be used, providing additional climate benefits.
EPA will accept comments on the proposed rulemaking, “Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation and Manufacturing Act of 2020,” for 60 days after publication in the Federal Register and hold a public hearing.
Read more information on HFC actions and comment on the proposed rule.
EPA, Salish Kootenai College partnership to strengthen career opportunities for Native American students
EPA Press Office:
EPA, Salish Kootenai College partnership to strengthen career opportunities for Native American students
Pablo, Mont. (Oct. 6, 2023) – Leaders from the U.S. Environmental Protection Agency and Salish Kootenai College made a strong commitment to building skills and career opportunities for Native American students during a partnership signing ceremony in Pablo, Montana, today. The Memorandum of Understanding (MOU) between EPA and SKC will promote education and recruitment of diverse students for environment-related careers for students in fields such as science and environmental justice.
“EPA is invested in recruiting a talented, diverse workforce to fulfill our mission to protect human health and the environment, and we are excited to partner with Salish Kootenai College in this effort,” said EPA Regional Administrator KC Becker. “EPA looks forward to supporting the College as they help their students build skills and expertise to address environmental concerns and prepare for careers in STEM fields.”
Plans for the agreement include:
- Broadening support for various career fields;
- Federal hiring and resume workshops for students;
- Career guidance from EPA professionals;
- Presentations by EPA experts at classes and conferences; and
- Exploring opportunities for joint research projects to support student development.
Background
The mission of Salish Kootenai College is to provide quality post-secondary educational opportunities for Native Americans, locally and from throughout the United States. The College promotes community and individual development and currently serves students from 53 North American Tribes across 16 U.S. states and Canadian provinces.
EPA’s mission depends on the recruitment of highly trained, diverse professionals in STEM and related environmental-policy fields to fulfill its mission. In order to meet research needs and encourage full representation of all citizens, EPA will work closely with SKC administrators, educators and students to increase awareness of job and internship opportunities and contribute to students’ career development.
EPA Honors WaterSense Partners for Helping Consumers Save Water
EPA News Release:
EPA Honors WaterSense Partners for Helping Consumers Save Water
Since 2006, WaterSense partners helped communities save more than 7.5 trillion gallons of water, 880 billion kilowatt-hours of energy, and $171 billion on utilities.
EPA Enforcement Helps Protect Children in New Jersey from Lead Paint Hazards
EPA Press Office:
EPA Enforcement Helps Protect Children in New Jersey from Lead Paint Hazards
October is Children's Health Month and EPA is taking action to address the major threat that lead-based paint still poses to kids
NEW YORK (October 5, 2023) – Since the 1970s, the United States has made tremendous progress in lowering children’s blood lead levels. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No safe blood lead level in children has been identified.
“If you rent or sell a home or apartment the rule is clear -- you must disclose its lead-based paint history. Notification of potential and actual lead hazards by landlords to tenants is one of the easiest and most effective ways to reduce dangerous lead exposure,” said EPA Regional Administrator Lisa F. Garcia. “Tenants must have the ability to make informed decisions, especially when it comes to protecting their children’s health.”
Earlier this year, EPA completed a settlement with the Housing Authority of the City of Passaic (HACP) for alleged violations of lead-based paint regulations under the federal Toxic Substances Control Act. EPA determined that the housing authority was aware of the presence of lead-based paint in some of its properties but failed to notify tenants of available information and the potential hazards of living with lead-based paint, as required by the federal Lead Disclosure Rule. Compliance with these regulations is vital considering that many historically overburdened communities suffer from higher rates of childhood lead poisoning.
EPA is committed to ensuring that public housing complies with the federal lead-based paint regulations as reflected by this case from earlier in 2023 and including two similar more recent lead based paint enforcement cases against the Buffalo Municipal Housing Authority and the Syracuse Housing Authority in NY, which resulted in remittable civil penalty amounts of $252,000 by the Buffalo Municipal Housing Authority and $171,630 by the Syracuse Housing Authority to be paid if EPA determines that the housing authorities have not taken the specific and comprehensive steps to prevent future violations at the properties identified in those settlement agreements.
Under the terms of the settlement with HACP, the housing authority has agreed to pay a remittable civil penalty in the amount of $200,000. This penalty will only be paid if EPA determines that the housing authority has not taken the specific and comprehensive steps to prevent future violations at properties identified in the settlement agreement.
As part of this enforcement effort, EPA inspected Vreeland Village and Alfred Speer Village in the city of Passaic, NJ.
The specific violations of the Lead Disclosure Rule alleged by EPA include failure to:
- Include in the lease a statement disclosing the presence of (or include in lease a statement disclosing the presence of) or indicate no knowledge any lead-based paint or lead-based paint hazards in the housing being leased
- Include in a lease a list of all available records and reports pertaining to the presence of lead-based paint or lead-based paint hazards.
- include in lease a statement by lessee affirming receipt of information of presence of lead-based paint, list of reports or records of lead-based paint and the lead-based paint information pamphlet.
- Include signatures of lessors, agents and lessees certifying the accuracy of their statements regarding lead-based paint and/or lead-based paint hazards.
- Provide to lessee an EPA-approved lead hazard information pamphlet.
- Include Lead Warning Statement as an attachment to or within the contract to lease.
- Establish or maintain records or make records available for copying.
Work done on residential properties constructed prior to 1978 must be done by certified and trained staff using the lead-safe work practices as required by the Toxic Substances Control Act's lead paint Renovation, Repair and Painting (RRP) Rule to prevent exposure to lead dust and debris. EPA also determined that uncertified and untrained staff conducted renovation work (window replacements) in units at both Villages and failed to establish or maintain records required by the Rule.
As part of the settlement, HACP developed and has begun implementing EPA-approved plans to ensure compliance with the federal lead-based paint regulations at the Villages. HACP obtained Firm Certification and trained workers who are now certified renovators. The settlement sets out additional injunctive relief that must be completed for remittance of the penalty.
Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 is one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead. They can be exposed from multiple sources and may experience irreversible and lifelong health effects. Unborn children are also vulnerable to these effects. Lead dust can be generated when lead-based paint deteriorates or is disturbed.
For more information about lead paint and federal regulations about it, please visit:
October is National Children’s Health Month. Children are often more vulnerable to pollutants than adults due to differences in behavior and biology, and these differences can lead to greater exposure and/or unique windows of susceptibility.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-093
EPA Enforcement Helps Protect Children in New York from Lead Paint Hazards
EPA Press Office:
EPA Enforcement Helps Protect Children in New York from Lead Paint Hazards
October is Children's Health Month and EPA is taking action to address the major threat that lead-based paint still poses to kids
NEW YORK (October 5, 2023) – Two New York housing authorities will face penalties if they don’t address alleged violations of lead-based paint regulations under the federal Toxic Substances Control Act. The U.S. Environmental Protection Agency (EPA) has entered into settlements with the Buffalo Municipal Housing Authority (BMHA) and the Syracuse Housing Authority (SHA), which allege that the housing authorities were aware of lead-based paint in some of their properties, but failed to notify tenants of available information and detailing the potential hazards of living with lead-based paint, as required by federal regulations. Historically overburdened communities suffer from higher rates of childhood lead poisoning, and that is often attributed to high levels of lead-based paint and dust in the home.
“If you rent or sell a home or apartment the rule is clear -- you must disclose its lead-based paint history. Notification of potential and actual lead hazards by landlords to tenants is one of the easiest and most effective ways to reduce dangerous lead exposure,” said EPA Regional Administrator Lisa F. Garcia. “Tenants must have the ability to make informed decisions, especially when it comes to protecting their children’s health.”
As part of this enforcement effort, EPA inspected the Frederick Douglass Towers and Shaffer Village Apartments in Buffalo, NY and the James Geddes Row Houses and Pioneer Homes in Syracuse, NY.
Specifically, EPA found that the housing authorities mentioned above did not:
- disclose the presence of (or include in lease a statement disclosing the presence of) or indicate no knowledge any lead-based paint or lead-based paint hazards in the housing being leased
- provide the lessee with all available records and reports (or include in lease a list of records and reports) pertaining to the presence of lead-based paint or lead-based paint hazards.
- include in lease a statement by lessee affirming receipt of information of presence of lead-based paint, list of reports or records of lead-based paint and the lead-based paint information pamphlet.
- include signatures of lessors, agents and lessees certifying the accuracy of their statements regarding lead-based paint and/or lead-based paint hazards.
In the case of the Syracuse Housing Authority, EPA also identified that some renovation work was done without properly certified and trained staff using the lead-safe work practices as required by the Toxic Substances Control Act's lead paint Renovation, Repair and Painting (RRP) Rule to prevent exposure to lead dust and debris. BMHA and SHA have already taken some actions, and EPA will monitor whether all the requirements of the settlements are met. BMHA and SHA have both developed and begun to implement EPA reviewed and approved compliance plans to ensure compliance at thousands of units, housing more than 8,300 residents, at which these rules are applicable.
BMHA’s lead disclosure compliance plan states that if a tenant informs the BMHA that their child recently tested positive above a certain blood lead level, the Housing Authority will schedule lead testing in the tenant’s apartment unit and will address the situation if high levels of lead are found in the unit.
Under the terms of the settlements in order to not face the penalties, the two respective housing authorities have to take specific actions. These actions include providing completed Lessor Disclosure Forms and Disclosure Rule Compliance Checklists to EPA for 20 new leases and/or lease renewals each at BMHA and SHA (thus 40 in total) for each quarter; providing to EPA a list of all apartment units where renovation work was conducted during each quarter as well as a description of the work performed, the name of the firm and certified renovator who performed the renovation (including copies of training certificates, completed RRP Rule renovation checklist and completed RRP Rule Forms that show proper performance of the RRP work and post-renovation cleanup. If lead abatement is conducted, the Authorities must provide to EPA the address of each abatement, the reason for the abatement, the name of the EPA –certified lead abatement contractor hired to perform the work (and copy of the certification) and completed lead abatement checklists.
Since the 1970s, the United States has made tremendous progress in lowering children’s blood lead levels. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No safe blood lead level in children has been identified.
EPA is committed to ensuring that public housing complies with the federal lead-based paint regulations, as is reflected by these recent cases and a similar enforcement case against the Housing Authority of the City of Passaic.
Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 is one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead. They can be exposed from multiple sources and may experience irreversible and lifelong health effects. Unborn children are also vulnerable to these effects. Lead dust can be generated when lead-based paint deteriorates or is disturbed.
For more information about lead paint and federal regulations about it, please visit:
October is National Children’s Health Month. Children are often more vulnerable to pollutants than adults due to differences in behavior and biology, and these differences can lead to greater exposure and/or unique windows of susceptibility.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-092
Thursday, October 5, 2023
EPA penalizes Idaho company over $20,000 for Clean Water Act violations
EPA Press Office:
Issued: Oct 5, 2023 (11:57am EDT)
EPA penalizes Idaho company over $20,000 for Clean Water Act violations
SEATTLE – The U.S. Environmental Protection Agency announced today that Clearwater Forest Industries LLC of Kooskia, Idaho, will pay $23,950 for violations of Section 402 of the Clean Water Act.
The facility had a total of 23 violations of their Multi-Sector General Permit for stormwater discharges associated with industrial activity, including failure to:
- maintain stormwater control measures
- maintain a complete Stormwater Pollution Prevention Plan map
- submit monthly Discharge Monitoring Reports
- submit the 2019 Annual Report on time
- complete inspection report forms
“These are not simple paperwork issues: they are violations of foundational requirements intended to safeguard the integrity of our Nation’s waterways,” said EPA Region 10 Office of Enforcement and Compliance Assurance Director Ed Kowalski. “EPA will continue to work through the Clean Water Act permitting program to ensure that facilities follow the law and are not putting the critical rivers, wetlands and lakes of the Pacific Northwest at risk.”
The facility discharges stormwater into the South Fork of the Clearwater River, which is popular for recreation and is a tributary of the Snake River, one of the major rivers in the region. The stretch of the Clearwater River where the facility operates is considered an impaired waterway due in part to sedimentation, which can be worsened by pollutants from industrial lumber operations, such as wood shavings and oily residue.
The facility currently operates within the Nez Perce Reservation.
Additional details can be found in the Consent Agreement and Final Order.
Contact Information: R10 Public Affairs Office (R10_Press_Team@epa.gov)