CERCLA and Brownfields
The Brownfields Focus Group published their State Brownfields Program Analysis on February 11, 2021. The project began with the development of a research tool that captured the key components of State brownfield programs. In total, 52 States and Territories participated in the project, resulting in a robust data set that was a true reflection of the nation’s brownfield programs.
We are looking for a State to present a case study on incorporating environmental justice principles at federal facilities to join the Department of Energy and State of Alaska during the ASTSWMO Mid-Year Meeting on April 30. If you would like to volunteer or know of a good example please contact Charles Reyes.
The Subcommittee held its annual meeting virtually in January to review 2020 activities and plan for 2021. We anticipate the current research projects – an issue paper on State coordination with civilian federal agencies at federal facility cleanups and an issue paper on the management of land use and institutional controls at federal facilities – will be completed and released this spring. Our next projects will focus on contaminants of emerging concern and ARARs in response to recommendations provided by the CEC Steering Committee and recent roundtables with State federal facility managers.
The Subcommittee continues to hold coordination meetings with EPA FFRRO. In December, we reviewed evaluations from the Annual Meeting and shared ideas for future training sessions. In February, we invited representatives from EPA ORD and the CERCLA & Brownfields Subcommittee to discuss removal actions at federal facilities.
Registration is open for the Air Force’s Regional Environmental Summits, which will be virtual this year. Visit http://www.airforcesummits.com/ to register and submit agenda topics.
The Corrective Action and Permitting (CAP) Task Force has continued to develop webinars for its RCRA Corrective Action webinar series. Upcoming webinars in March and April will focus on specific RCRA Long-Term Stewardship topics. The Task Force has also tracked and provided input into EPA’s RCRA permitting activities.
The Compliance Monitoring and Enforcement (CME) Task Force provided comments to EPA regarding the performance year for FY 2021 State Review Framework reviews (the link to the comments is available in the Publications section of the newsletter). The Task Force also provided feedback to EPA regarding revisions to the RCRA Compliance Monitoring Strategy, and continued to monitor and provide input on EPA inspection commitments during the pandemic.
The Program Development and Data (PDD) Task Force is focusing its efforts on improving reporting functionality in RCRAInfo. The Task Force sought the input of the CAP and CME Task Forces to identify new reports desired in RCRAInfo or enhancements to reports already available for those Task Forces’ program areas. The Task Force continues to monitor and provide feedback as appropriate into the development of Version 6 of RCRAInfo and e-Manifest implementation.
The Subcommittee provided comments to the EPA e-Manifest Advisory Board for the Board’s public meeting in early March on the theme of “Looking Ahead: Setting E-Manifest Program Priorities and User Fees for FY2022 and FY2023.” The Subcommittee recommended that a focus on manifest data quality be one of EPA’s top priorities (see the Publications section for the link to the comments).
Two Task Forces within the Materials Management Subcommittee have recently issued documents. The Beneficial Use Task Force undertook the task of surveying the States and Territories (States) regarding beneficial uses of various fill-like materials in the United States. The Beneficial Use of Fill-Like Materials Survey Report summarizes the results of that survey and provides a discussion of the results. The Solid Waste Disposal and Conversion (SWDC) Task Force prepared an Odor Control at RCRA Subtitle D Landfills compendium. The compendium provides an overview of the common landfill odors; meteorological conditions and operational impacts affecting the development and perception of landfill odors; and many options for landfill odor controls with corresponding case studies.
The SWDC Task Force provided comments to EPA on February 11, 2021 regarding the Advance Notice of Proposed Rulemaking (ANPRM) for Coal Combustion Residuals (CCR) Legacy Surface Impoundments. The Sustainable Materials Management (SMM) Task Force provided comments to EPA in December 2020 on EPA’s draft national recycling strategy. The SMM Task Force is preparing comments to submit to EPA by March 8, 2021 on measuring EPA’s goal of increasing the recycling rate to 50% by 2030. The SMM Task Force is also updating the information on the State Actions to Address Recycling Market Changes webpage. The Radiation Task Force is surveying States on Radiological Disaster Debris, to better understand what plans States have, where States may need guidance, and where the Task Force might be able to assist through a Task Force work product.
The Subcommittee hosted a virtual ASTSWMO Food Supply Chain Roundtable on February 8, 2021, the first of quarterly Roundtables planned for 2021. The interest in holding quarterly meetings was an outcome of the initial Roundtable held in October 2020. As at the October meeting, the February Roundtable discussed how to adapt food rescue when there are stresses on the food supply chain. It included a case study that highlighted food rescue activities in the Chicago, IL area and updates by participants from various State and federal agencies and associations. The Subcommittee Chair and the SMM Task Force Chair and Vice-Chair participated with Dania Rodriguez in a recorded presentation on ASTSWMO’s food waste activities delivered at the U.S. Department of Agriculture’s virtual 2021 Outlook Forum on February 19.
Links to the Task Force documents and comments submitted to EPA are available in the Publications section of this newsletter.
On January 19, 2021, EPA published a proposed rule in the Federal Register regarding E15 labeling on fuel dispensers and compatibility with UST systems. EPA currently requires fuel dispenser labels for gasoline-ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). EPA is proposing to 1) either modify the E15 label or remove the label requirement entirely, and 2) to modify the 2015 UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol.
EPA OUST held a virtual briefing to present the proposed rulemaking on February 16, 2021. An archived recording is available here. The proposed rule and instructions for submitting comments are available here.
The next National Tanks Conference has been postponed to September 2022. Visit the NEIWPCC website for future updates.
ASTSWMO continues to assist EPA ORD and OUST in hosting regional workshops on UST Finder. The first Workshop for Region 1 States was held in December 2020 followed by a joint Regions 9 and 10 Workshop in January. Region 5 will hold a Workshop on March 2, 2021. Workshops will continue for the remaining Regions this spring.
CEC Steering Committee
Coming soon! ASTSWMO is in the process of finalizing a position paper on Addressing PFAS. An announcement and the final position paper will be distributed in March.
On February 19, 2021, the Steering Committee submitted comments to EPA on their Interim PFAS Destruction and Disposal Guidance. Visit Docket EPA-HQ-OLEM-2020-0527 on Regulations.gov to review the interim guidance document and other supporting materials and public comments.
In November 2020, the Steering Committee hosted a web meeting for ASTSWMO’s active members to provide an update on their accomplishments during the year and collect feedback from the membership on its activities including suggestions for future Steering Committee activities. The Committee also shared recommended projects and webinar topics with ASTSWMO program Subcommittees specific to CECs based on information received during 2020 discussions with States.
For 2021, the Committee will continue work on creating a new CEC Webpage to compile resources for our members and prioritize outreach with our federal agency partners.