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Coalition presses for environmental justice in climate bill

BOSTON (SHNS) – A coalition of more than 40 groups that includes long-standing environmental organizations, big players in the state’s financial world, tech companies, and more sent a letter Friday to the lawmakers trying to hammer out a climate bill highlighting the importance of including environmental justice provisions in the final product.
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Photo credit: Massachusetts State House

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“If Only I Would’ve Known” Oil & Gas Whistleblowers Speak Out About Exposure to Radioactivity on Fracking Jobs

The year is 2014, and the sleepy mining and agricultural towns of Northern Appalachia have transformed into gold-rush towns. But this is a new type of gold – Shale gas.

These towns sit above an underground formation called the Marcellus Shale that could help make America the world’s greatest producer of natural gas – and in 2014 the Marcellus region is booming. The restaurants are buzzing, bars packed, hotels full for the first time since many people can remember. Each generation of this area has seen the boom and the bust of other major industries – timber, coal, steel – and shale gas  is the next one. It’s marketed as energy independence, good paying blue collar jobs, the American Dream. In areas where decades of economic decline have created a culture of need, this dream is welcomed with open arms.
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Naval Power Plant Proposal Tests Virginia On Environmental Justice

In the first major test of Virginia’s historic environmental justice law, the state’s air board Dec. 3 approved a U.S. Navy proposal to build a power plant near a predominately Black community with higher-than-normal rates of respiratory illnesses.
Environmental and health advocates were dismayed by the State Air Pollution Control Board’s 5–1 decision, saying it shows that the state still hasn’t fully embraced equity and justice at the regulatory level. Board members, meanwhile, pointed out that the Navy plans to install technologies that will ensure the plant produces few emissions.
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Photo credit: Don S. Montgomery, USN (Ret.)

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Claims of ‘Bleak’ Environmental Justice Record Appear to Fell a Biden Favorite

WASHINGTON — When Joseph R. Biden, Jr. won the presidential election, his top candidate to lead the nation’s most powerful environmental agency appeared clear: Mary D. Nichols, California’s clean air regulator and arguably the country’s most experienced climate change official, was seen as a lock to run the Environmental Protection Agency.

Now Mr. Biden’s team is scrambling to find someone else, according to several people who have spoken with the presidential transition team. The chief reason: This month, a group of more than 70 environmental justice groups wrote to the Biden transition charging that Ms. Nichols has a “bleak track record in addressing environmental racism.”

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Photo credit: Rich Pedroncelli/Associated Press

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Environmental Justice Leaders Look for a Focus on Disproportionately Impacted Communities of Color

For environmental justice advocates who have spent decades fighting to protect communities from polluters, the new year cannot come too soon. After four years of the Trump administration shredding the Environmental Protection Agency into “little tidbits,” as President Donald Trump put it during his first campaign, change is in the air.
President-elect Joe Biden has vowed to make the climate crisis and environmental justice guiding principles of his administration from day one, Jan. 20. It’s a huge promise—and a tall order.
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Looking back: How dioxin and flooding wiped Times Beach off the map

On Dec. 5, 1982, about a month after residents learned of dangerous dioxin levels in Times Beach, the town along the Meramec River was ravaged by a record-breaking flood. The flood damaged or destroyed most homes in the town.
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Photo credit: St Louis Post-Dispatch Staff photographer

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Biden can’t move the needle on environmental justice without these 2 things

President-elect Joe Biden campaigned on the most ambitious environmental justice plan ever offered by the nominee of a major political party. His Build Back Better agenda included a commitment to invest 40 percent of his $2 trillion clean energy plan into communities living on the front lines of poverty and pollution.
At the same time, his running mate, Sen. Kamala Harris of California, co-authored the Climate Equity Act with Rep. Alexandria Ocasio-Cortez (D-NY), outlining ways the next administration can operationalize environmental justice across the agencies. After a summer of historic protests that saw some 15 million to 26 million people take to the streets to take a stand against racial injustice in policing, it’s almost certain that the incoming Biden administration will take bold action to address the intersecting crises of environmental pollution and racial inequality.
But this mandate for anti-racist policy raises a question: How, in the first place, will a Biden administration identify the most polluted and impoverished communities across the country?
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Xavier Becerra Brings Environmental Justice to Forefront

Martha Romero felt that she had to send her daughters to safety.
She had seen air pollution grow worse in recent years as the truck traffic near her San Bernardino neighborhood increased so she made the difficult decision to send her three daughters to live with her mother, whose home is farther from the worst of the fumes and dust from the unending parade of trucks moving to and from nearby warehouses. “Unfortunately, we cannot keep them in an air bubble,” she said.
A coalition of local organizations is leading the fight against the expansion of the San Bernardino International Airport to accommodate Amazon’s burgeoning logistics needs with a complex that will bring more flights, more warehouses and even more truck traffic and pollution to her area. The coalition has an unusual ally: Xavier Becerra, the attorney general for the state of California, and the choice of President-elect Joseph R. Biden, Jr. to run the Department of Health and Human Services.
Opposing the airport expansion plan is the work of the environmental justice bureau Mr. Becerra created in 2018, the first of its kind. Its focus: the unequal effect pollution and other forms of environmental damage have on health in the most vulnerable communities. While local officials, understandably, want to promote economic development, the bureau created by Mr. Becerra is saying that environmental justice needs to be part of the equation.
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Trump Administration Declines to Tighten Soot Rules, Despite Link to Covid Deaths

The Trump administration on Monday declined to tighten controls on industrial soot emissions, disregarding an emerging scientific link between dirty air and Covid-19 death rates.
In one of the final policy moves of an administration that has spent the past four years weakening or rolling back more than 100 environmental regulations, the Environmental Protection Agency completed a regulation that keeps in place the current rules on tiny, lung-damaging industrial particles, known as PM 2.5, instead of strengthening them, even though the agency’s own scientists have warned of the links between the pollutants and respiratory illness. In April, researchers at Harvard released the first nationwide study linking long-term exposure to PM 2.5 and Covid-19 death rates.
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Photo credit: Dane Rhys/Bloomberg

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New Interim Strategy Will Address PFAS Through Certain EPA-Issued Wastewater Permits

WASHINGTON (November 30, 2020) — Aggressively addressing per- and polyfluoroalkyl substances (PFAS) in the environment continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA). Today, the agency is announcing two important steps to address PFAS. First, EPA issued a memorandum detailing an interim National Pollutant Discharge Elimination System (NPDES) permitting strategy for addressing PFAS in EPA-issued wastewater permits. Second, EPA released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media. Together, these actions help ensure that federally enforceable wastewater monitoring for PFAS can begin as soon as validated analytical methods are finalized.
“Better understanding and addressing PFAS is a top priority for EPA, and the agency is continuing to develop needed research and policies,” said EPA Administrator Andrew Wheeler. “For the first time in EPA’s history, we are utilizing all of our program offices to address a singular, cross-cutting contaminant and the agency’s efforts are critical to supporting our state and local partners.”
“Managing and mitigating PFAS in water is a priority for the Office of Water as we continue our focus on meeting 21st century challenges,” said EPA Assistant Administrator for Water David Ross. “These actions mark important steps in developing the underlying science and permitting techniques to address PFAS in wastewater where the discharge of these chemicals may be of concern.”
EPA’s interim NPDES permitting strategy for PFAS provides recommendations from a cross-agency workgroup on an interim approach to include PFAS-related conditions in EPA-issued NPDES permits. EPA is the permitting authority for three states (Massachusetts, New Hampshire, New Mexico), the District of Columbia, most U.S. territories including Puerto Rico, Indian Country, and certain federal facilities. The strategy advises EPA permit writers to consider including PFAS monitoring at facilities where these chemicals are expected to be present in wastewater discharges, including from municipal separate storm sewer systems and industrial stormwater permits. The PFAS that could be considered for monitoring are those that will have validated EPA analytical methods for wastewater testing, which the agency anticipates being available on a phased-in schedule as multi-lab validated wastewater analytical methods are finalized. The agency’s interim strategy also encourages the use of best management practices where appropriate to control or abate the discharge of PFAS and includes recommendations to facilitate information sharing to foster adoption of best practices across states and localities.
In coordination with the interim NPDES permitting strategy, EPA is also providing information on the status of analytical methods needed to test for PFAS in wastewater. EPA is developing analytical methods in collaboration with the U.S. Department of Defense to test for PFAS in wastewater and other environmental media, such as soils. The agency is releasing a list of 40 PFAS chemicals that are the subject of analytical method development. This method would be in addition to Method 533 and Method 537.1 that are already approved and can measure 29 PFAS chemicals in drinking water. EPA anticipates that multi-lab validated testing for PFAS will be finalized in 2021. For more information on testing method validation, see https://www.epa.gov/cwa-methods.
Background
EPA continues to make progress under its PFAS Action Plan to protect the environment and human health, including:
Highlighted Action: Drinking Water

  • In December 2019, EPA accomplished a key milestone in the PFAS Action Plan by publishing a new validated method to accurately test for 11 additional PFAS in drinking water. Method 533 complements EPA Method 537.1, and the agency can now measure 29 chemicals.
  • In February 2020, EPA took an important step in implementing the agency’s PFAS Action Plan by proposing to regulate PFOA and PFOS drinking water.
  • EPA also asked for information and data on other PFAS substances, as well as sought comment on potential monitoring requirements and regulatory approaches.
  • In November 2020, EPA issued a memo detailing an interim National Pollutant Discharge Elimination (NPDES) permitting strategy for PFAS. The agency also released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media.

Highlighted Action: Cleanup

    • The recommendations provide a starting point for making site-specific cleanup decisions and will help protect drinking water resources in communities across the country.
  • In July 2020, EPA submitted the Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS to OMB for interagency review. The guidance would:
    • Provide information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials.
    • Identify ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance.
  • EPA is working on the proposed rule to designate PFOA and PFOS as hazardous substances under CERCLA. In the absence of the rule, EPA has used its existing authorities to compel cleanups.

Highlighted Action: Monitoring

  • In July 2020, EPA transmitted the Unregulated Contaminant Monitoring Rule 5 (UCMR 5) proposal to the Office of Management and Budget (OMB) for interagency review. EPA anticipates proposing nationwide drinking water monitoring for PFAS that uses new methods that can detect PFAS at lower concentrations than previously possible.

Highlighted Action: Toxics

  • In September 2019, EPA issued an advanced notice of proposed rulemaking that would allow the public to provide input on adding PFAS to the Toxics Release Inventory toxic chemical list.
  • In June 2020, EPA issued a final regulation that added a list of 172 PFAS chemicals to Toxics Release Inventory reporting as required by the National Defense Authorization Act for Fiscal Year 2020.
  • In July 2020, EPA issued a final regulation that can stop products containing PFAS from entering or reentering the marketplace without EPA’s explicit permission.

Highlighted Action: Scientific Leadership

  • EPA continues to compile and assess human and ecological toxicity information on PFAS to support risk management decisions.
  • EPA continues to develop new methods to test for additional PFAS in drinking water.
  • The agency is also validating analytical methods for surface water, groundwater, wastewater, soils, sediments and biosolids; developing new methods to test for PFAS in air and emissions; and improving laboratory methods to discover unknown PFAS.
  • EPA is developing exposure models to understand how PFAS moves through the environment to impact people and ecosystems.
  • EPA is working to develop tools to assist officials with the cleanup of contaminated sites.
  • In July 2020, EPA added new treatment information for removing PFAS from drinking water.

Highlighted Action: Technical Assistance

  • Just as important as the progress on PFAS at the federal level are EPA efforts to form partnerships with states, tribes, and local communities across the country.
  • EPA has provided assistance to more than 30 states to help address PFAS, and the agency is continuing to build on this support.
  • These joint projects allow EPA to take the knowledge of its world-class scientists and apply it in a collaborative fashion where it counts most.

Highlighted Action: Enforcement

  • EPA continues to use enforcement tools, when appropriate, to address PFAS exposure in the environment and assist states in enforcement activities.
  • EPA has already taken actions to address PFAS, including issuing Safe Drinking Water Act orders and providing support to states. See examples in the PFAS Action Plan.
  • To date, across the nation, EPA has addressed PFAS in 15 cases using a variety of enforcement tools under SDWA, TSCA, RCRA, and CERCLA (where appropriate), and will continue to do so to protect public health and the environment.

Highlighted Action: Grants and Funding

  • Under this Administration, EPA’s Office of Research and Development has awarded over $15 million through dozens of grants for PFAS research.
  • In May 2019, EPA awarded approximately $3.9 million through two grants for research that will improve the agency’s understanding of human and ecological exposure to PFAS in the environment. This research will also promote a greater awareness of how to restore water quality in PFAS-impacted communities.
  • In September 2019, EPA awarded nearly $6 million to fund research by eight organizations to expand the agency’s understanding of the environmental risks posed by PFAS in waste streams and to identify practical approaches to manage potential impacts as PFAS enters the environment.
  • In August 2020, EPA awarded $4.8 million in funding for federal research to help identify potential impacts of PFAS to farms, ranches, and rural communities.

Highlighted Action: Risk Communications

  • EPA is working collaboratively to develop a risk communication toolbox that includes multimedia materials and messaging for federal, state, tribal, and local partners to use with the public.

Additional information about PFAS can be found at: www.epa.gov/pfas