EPN In Action November-December 2022

Welcome to your EPN In Action newsletter

Highlights

  • EPN submitted comments on the Initial Regulatory Flexibility Analysis and Updated Economic Analysis for a proposed Toxic Substance Control Act (TSCA) rule on reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) following the completion of a Small Business Advocacy Review panel.

  • EPN sent a letter recommending that EPA preserve and archive Unregulated Contaminant Monitoring Rule (UCMR5) samples from a representative set of public water systems with known PFAS contamination now so that PFAS measurements can be made when an acceptable analytical method has been identified.

  • EPN submitted comments on the World Health Organization’s (WHO) draft guidelines for PFAS in drinking water.

  • EPN submitted comments on EPA’s proposed designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under the Superfund Act.

  • EPN submitted a letter to EPA’s Office of Water supporting EPA Region 10’s Recommended Determination that would prohibit and restrict areas of the Bristol Bay watershed in Alaska from discharge of dredge and fill material as part of the Pebble Mining operation.

  • EPN submitted comments on the Greenhouse Gas Reduction Fund (GGRF), a grant program created by the Inflation Reduction Act (IRA) with a budget that is more than double EPA’s annual budget.

EPN Announcements

2022 Overview: EPN’s Pro Bono Technical Assistance Program

2022 Overview: EPN’s Pro Bono Technical Assistance Program

EPN’s pro bono Capacity-Building Technical Assistance Program saw incredible growth in 2022. Close to 100 EPN volunteers worked with more than 180 communities and community-serving organizations on over 200 community-identified projects. We hired five Community Outreach Associates (one for every two EPA regions) across the country, each responsible for connecting communities in their regions to volunteers in our network, other pro bono and low bono resources, and federal funding.

EPN’s Work on PFAS

EPN Comments on IRFA and Economic Analysis for PFAS Reporting Rule

On Wednesday, December 21, 2022, EPN submitted comments on the IRFA and Updated Economic Analysis for the TSCA section 8(a)(7) proposed rule on reporting and recordkeeping requirements for PFAS, which followed the completion of an SBAR Panel. We believe that the SBAR Panel’s recommendations for both exemptions and a finite list of PFAS will limit the effectiveness of reporting and are contrary to the scope of section 8(a)(7).

EPN Urges EPA to Archive UCMR5 Samples

On December 16, 2022, EPN sent a letter to Radhika Fox, Assistant Administrator, Office of Water, regarding the UCMR5. EPN recommends that EPA preserve and archive UCMR5 samples from a representative set of public water systems with known PFAS contamination now, so that when the agency has identified an acceptable method, EPA can analyze them. We also recommend that EPA accelerate the development of that method.

EPN Submits Comments on WHO Draft Guidelines for PFOA, PFOS, and Total PFAS in Drinking Water

On November 11, 2022, EPN submitted comments on the WHO's draft guidelines for PFAS in drinking water. We are disappointed in the mischaracterization of hundreds of animal, human, and epidemiological studies on the health effects of PFOA, PFOS, and other PFAS compounds used by multiple public health agencies throughout the U.S. and the world. EPN finds that the provisional guidelines reflect a biased and dangerous approach to public health protection that falsely equates the natural and unavoidable uncertainty inherent in all scientific studies with a lack of evidence.

EPN Submits Comments on Proposed Designation of PFOA and PFOS as CERCLA Hazardous Substances

On November 3, 2022, EPN submitted comments on EPA’s proposed designation of PFOA and PFOS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances. We urge EPA to finalize this rule as soon as possible and look forward to the agency extending this hazardous waste designation to other PFAS chemicals to better protect public health and the environment.

PFAS in the News

EPA’s PFAS Drinking Water Limit Could Have Long Coattails

December 12, 2022 / by

Annie Snider /

Politico

Betsy Southerland, former Director, Office of Science and Technology, EPA Office of Water, was quoted in this article discussing how drinking water treatment upgrades from the proposed regulation of PFOA and PFOS would capture other contaminants as well, resulting in massive improvements to drinking water quality.

Scientists Speak Out Against WHO Draft Guidelines for PFAS in Drinking Water

November 14, 2022 / by

Shannon Kelleher /

The New Lede

Linda Birnbaum, former Director of the National Institute of Environmental Health Sciences and the National Toxicology Program, and Betsy Southerland, former Director, Office of Science and Technology, EPA Office of Water, were quoted and EPN was mentioned in this article discussing the severe inadequacies of the World Health Organization’s draft guidelines for PFAS in drinking water. Linda was also quoted in a related article in Phys.org, and EPN’s comments on the draft guidelines were cited in an Inside EPA article.

Regulators Back CERCLA PFAS Rule But Note Implementation Concerns

November 7, 2022 / by

Suzanne Yohannan /

Inside EPA

This article referenced EPN’s comments to EPA in support of the designation of PFOA and PFOS as hazardous substances under CERCLA.

EPN’s Work on Water and Air

EPN Supports EPA Region 10 Bristol Bay Recommended Determination

On December 13, 2022, EPN submitted a letter to the Assistant Administrator of the Office of Water, Radhika Fox, supporting EPA Region 10’s issuance of a Recommended Determination under Section 404(c) of the Clean Water Act (CWA). EPN urges the Office of Water to issue a Final Determination.

EPN Submits Comments on the Greenhouse Gas Reduction Fund

On December 5, 2022, EPN submitted comments on the GGRF. We supported the need for strong EPA funding in order to adequately oversee GGRF implementation and encouraged the agency to develop a supportive ecosystem that places focus on the needs of low-income and disadvantaged communities. We also recommended that EPA pursue a staged, iterative approach to grant-making and the timelines in the IRA.

Water and Air in the News

EPA Broadens Protections for U.S. Waterways, Reversing Trump

December 30, 2022 / by

Scott Dance /

The Washington Post

Kevin Minoli, former EPA Deputy General Counsel, was quoted in a Washington Post article regarding possible challenges to the Biden administration’s expanded definition of waters regulated by EPA. Kevin and Mark Ryan, former Assistant Regional Counsel, EPA Region 10, and former Special Assistant U.S. Attorney, were also quoted in an E&E News article about the revised water rule.

EPA to Tighten Nitrogen Oxide Limits for New Heavy Trucks

December 21, 2022 / by

Tom Krisher /

Associated Press

Margo Oge, former Director, EPA Office of Transportation and Air Quality, was quoted in this article about the recently-finalized standards to reduce nitrogen oxide emissions from heavy-duty vehicles and EPA’s plans to transition all diesel trucks to zero-emission vehicles. Margo was quoted in a related article in the Washington Post.

City Receives Half a Million Dollars for Air Monitoring After Report Reveals Elevated Cancer Risk

November 29, 2022 / by

Lisa Song /

ProPublica

Dan Costa, former National Program Director, Air, Climate, and Energy Research Program, EPA Office of Research and Development, was quoted in this article about EPA-funded air monitoring that will begin in Pascagoula, Mississippi, a city with elevated cancer risks due to industrial air pollution.

More Examples of EPN in the News

In addition to the articles above, EPN members contributed to a range of articles on topics such as the FY2023 budget appropriation, TSCA, COP27, PFAS, EPA nominees, and asbestos.

EPA’s 2023 Funding Takes a Baby Step Toward Rebuilding the Agency

December 27, 2022 / by

David Coursen /

The Hill

Dave Coursen, former attorney, EPA Office of General Counsel, wrote this op-ed discussing the funding EPA has received from the 2023 budget appropriation and what the funding may or may not help the agency achieve.

EPA Readies Draft TSCA Cumulative Risk Documents for 2023 Release

December 20, 2022 / by

Maria Hegstad /

Inside EPA

Bob Sussman, counsel to Safer Chemicals Healthy Families and former EPA Deputy Administrator, was quoted in this article discussing EPA’s intention to consider TSCA-specific cumulative risks for chemical exposures in general and for several high-priority phthalates.

D.C. Environmental Justice Advocates Join Push for Global Climate Justice at COP27

November 22, 2022 / by

Kayla Benjamin /

The Washington Informer

Mustafa Santiago Ali, Senior Vice President for Environmental Justice, National Wildlife Federation, former EPA Senior Advisor for Environmental Justice and Community Revitalization, and former EPA Assistant Associate Administrator for Environmental Justice, was quoted in this article about the commitments made at COP27 and the failure to make progress on emissions reductions.


Exclusive Lab Tests Show Toxic ‘Forever’ Chemicals in America’s Tap Water

November 21, 2022 / by

Lisa Fletcher, Andrea Nejman, Alex Brauer and Larry Deal /

ABC News 13

Linda Birnbaum, former Director, National Institute of Environmental Health Sciences, was quoted in this article regarding how widespread PFAS chemicals are, the many sources they may come from, and how they accumulate in the body.

Time Running Out for 3 Biden EPA Nominees

November 18, 2022 / by

Kevin Bogardus /

E&E News

Gwendolyn Keyes Fleming (former EPA Chief of Staff), Stan Meiburg (former EPA Acting Deputy Administrator), and Bob Perciasepe (former EPA Deputy Administrator) were quoted in this article discussing whether the nominees picked to lead EPA’s air, enforcement, and solid waste offices will have confirmation votes before the end of the current Congress.

Asbestos Bill Gains Co-Sponsors as Supporters Weigh Lame Duck Push

November 8, 2022 / by

Diana DiGangi /

Inside EPA

EPN was mentioned in this article about the possibility of asbestos-ban legislation appearing in the current lame-duck session of Congress.

 

Read all recent EPN in the News items here