Several months ago, we told you about the proposed rulemaking by Pennsylvania’s Environmental Quality Board (the EQB) that would limit carbon dioxide emissions from large fossil-fuel-fired electric generating units (EGUs) by implementing a cap-and-trade program. The proposed rulemaking would also enable Pennsylvania to join RGGI, otherwise known as the Regional Greenhouse Gas Initiative. RGGI is a consortium of 11 states in the northeastern United States that have implemented similar cap-and-trade programs to limit EGUs’ carbon dioxide emissions, with interstate trading of carbon dioxide emissions allowances being permitted within the RGGI. Since we last blogged, the proposed rulemaking has advanced through the regulatory process that included a public comment period for residents to weigh in. In them, we suggested the EQB should expand its description of the benefits from the proposed rule and that the proposed rulemaking better describe the energy efficiency and renewable energy projects that might be eligible to receive funds derived from the sale of certain unused CO2 credits. We also noted that fees imposed on fossil fuel-fired EGUs in Allegheny and Philadelphia counties for carbon dioxide allowances under the proposed rulemaking must be deposited in restricted accounts administered by ACHD and AMS, to use on energy efficiency and renewable energy projects in those counties. Since then – on Feb. 16 – Pennsylvania’s Independent Regulatory Review Commission (the IRRC) published its comments on the proposed rulemaking. The IRRC noted that it had received comments both strongly in favor of, and strongly opposed to, the proposed rulemaking. The IRRC further asked the EQB to elaborate on several issues raised by those comments before promulgating a final rule, including: Whether the proposed rulemaking would make such a significant change to the existing regulatory structure for fossil-fuel-fired EGUs that it must be implemented through legislation passed by the General Assembly rather than through an administrative rulemaking; Whether the EQB has the authority to promulgate the proposed rulemaking at all under the authority granted to it by Pennsylvania’s Air Pollution Control Act; Whether the anticipated costs of the proposed rulemaking exceed its anticipated benefits, especially given that carbon dioxide emissions from fossil-fuel-fired. EGUs in Pennsylvania have been trending downward for many years without such a rulemaking; Whether the assumptions underlying the proposed rulemaking (which have not been fully disclosed by the EQB) are supported by acceptable data; Whether the EQB underestimated the adverse economic impacts from the proposed rulemaking; and Whether there exist less costly means of achieving the proposed rulemaking’s goals. Additionally, the IRRC requested that the EQB delay the implementation of the rulemaking for a year to allow the business community affected by the rulemaking to better plan for its implementation. The proposed rulemaking now heads back to the EQB, which will review the comments submitted on the rulemaking and may revise the rulemaking based on those comments.  Once the EQB drafts (and presumably adopts) a final-form rulemaking, it will be resubmitted to the IRRC and the House and Senate Energy and Environmental Resources Committees for further review and possible approval. “We look forward to seeing how the Wolf Administration responds to the IRRC’s comments,” GASP senior staff attorney John Baillie said. “The opportunity to better regulate GHG emissions from these large polluters should not be wasted.”

Even those of us who don’t live near or downwind of an industrial source of air pollution have at some point likely looked at emissions being belched from a facility and asked, “Is that even permitted?” You can learn the answer to that question and more at an upcoming smoke reading course. Not familiar with smoke reading? Then let’s take a step back to explain: “Smoke readers” is a general term for volunteers who are trained and certified to recognize and understand visible emissions from sources such as smokestacks, as well as what violations look like, and how to make reports. “Many are surprised to learn that this is the same training received by Allegheny County Visible Emissions Inspectors,” GASP Executive Director Rachel Filippini noted. Our project manager Sue Seppi, a longtime smoke reader, said attending the training is very informative and an excellent way for citizens to take action in their own communities by reading visible emissions at the facilities that are of concern to them. “The reality is local inspectors can’t be at every facility at all times,” she said. “Readings from volunteers who are trained and certified as smoke readers  may help increase regulatory scrutiny on air polluters.” Sound like something you or someone you know would be interested in? Then we have good news for you: Allegheny County Health Department (ACHD) is covering the cost of the training put on by Eastern Technical Associates – but please know spots for this opportunity are extremely limited. Once your training is complete, the GASP team can pick up from there to get you started with actual observations in your community. The next two-day training is scheduled for late September. The first session for new trainees is a live webinar held at 9 a.m. every Monday and Tuesday. Participants will spend the second session in the field on either Sept. 29 or Sept. 30. The field instruction registration begins at 8 a.m. and consists of multiple hourly field observation periods called runs. Complete one hourly observation successfully and you are done and will receive certification. Certification lasts six months. You can get more details on the Eastern Technical Associates website or email sue@gasp-pgh.org for details.

Draft episodic weather regulations long-sought by residents and air quality advocates could be sent out for public comment as soon as March 3, despite a committee vote Monday night. After about an hour of discussion, Allegheny County Health Department’s Air Advisory Committee voted unanimously to table the regulations, sending the draft back to the regulation subcommittee for more specifics. For inquiring minds who want to know: The next regulation subcommittee is scheduled to meet on March 23. GASP will post and share the agenda and details on how to join the meeting as soon as that information is available. GASP Executive Director Rachel Filippini, who serves on the committee, agreed to table but stressed her concern that progress on the regulation cannot languish as it has for years. “We have been pushing ACHD to update these woefully outdated and inadequate regulations for years – decades even – and we’re thankful that the department worked quickly this year to get a draft ready for public comment,” she said after the meeting. “As with all regulation changes, the devil is going to be in details. While GASP shares some of the concerns related to specificity, we want to reiterate how crucial it is that this process continues because it could potentially help to positively impact the public health of and quality of life for our Mon Valley neighbors.” Although the committee ultimately did not provide a recommendation as it generally does, ACHD Air Quality Program Chief Jayme Graham said the department may still present the draft regulation in its current form to the Board of Health for a vote on whether or not to send it to public comment. “Regulations take time,” she told the committee earlier in the meeting, adding that the Air Quality Program, regulation subcommittee and industry can work to amend and supplement the regulations “parallel” to the public comment stage. So what happens next? We may have to wait until the next board of health meeting – 12:30 p.m. March 3 – to find out. If they are presented for approval and greenlighted for public comment, ACHD would then post both the regulation and details on how to weigh in on its website. Generally, the public comment period lasts for 30 to 60 days.

The $2.7 million trust benefits five Mon Valley communities – Clairton, Glassport, Liberty, Lincoln, and Port Vue, and is governed by a Community Advisory Panel composed of one representative from each of those municipalities. The Panel must meet regularly – at least once every six months – and is empowered to consider and approve funding for community improvement projects proposed by the municipalities. While the trust was a result of repeated air quality violations at U.S. Steel’s Clairton Coke Works, the projects submitted to the Community Advisory Panel for funding are not required to be related to air quality. Panel members include: Lincoln Borough Secretary Tammy Firda (president) Glassport Councilwoman Elaina Skiba (vice president) Clairton Mayor Richard Lattanzi (treasurer) Liberty Borough Councilwoman Janice Matyasovsky and Port Vue Councilwoman Deborah Thomas The settlement indicates that the money can go toward physical infrastructure improvements (think the construction of a playground or the renovation of a green space) or projects that foster “the creation or expansion of programs that are aimed at directly improving the well-being of residents.” GASP didn’t want the one-year anniversary of the settlement agreement that established the trust to pass without taking a look at how that money has been spent. While neither the Allegheny County Health Department nor U.S. Steel are required by the agreement to prepare and distribute a report for public consumption detailing the various proposed projects – which were approved, which were rejected – it does require publication of semi-annual account summaries. Account summaries are to be posted to the website of each of the five communities benefiting from the trust. Only limited information on the disbursements is provided. “GASP expressed concern over the lack of transparency when it came to the trust,” GASP Executive Director Rachel Filippini said. “That remains a concern.” According to that report, just more than a million dollars was distributed in 2020 – money that was distributed in four disbursements in three of the communities: $534,500 was distributed to Port Vue Borough on Sept. 2 $229,830 was distributed to Glassport Borough on Oct. 14 $315,500 was distributed to Lincoln Borough on Sept. 2 and $20,023 on Oct. 14 That means the communities of Clairton and Liberty either did not seek funding or did not receive approval for funding of any projects in 2020. As of the end of 2020, the trust had $2.37 million in cash on hand, according to the report. What else do we know about the projects that have been funded through the U.S. Steel Benefit Trust? Just what we could glean by scouring municipal websites and media reports. According to Glassport Borough Council meeting minutes, there were four projects funded through the trust in 2020: $93,618 for a line item that read “emergency operations center and apparatus”; $90,228 for a sewer line camera system; $24,720 for blighted property removal; and $21,263 for Glassport Honor Roll Park beautification. According to Port Vue Borough Council meeting minutes from 2020, several projects were funded through the trust: $55,000 for “a generator and construction” of a new recreation facility – one that broke ground in 2019 $20,960 for paving of Veterans Way, Seeds Way, Pitt Alley, Smith Street Ext. and Dunn Alley $20,000 for a rescue boat $19,543 for camera monitoring of the interior and exterior of the municipal area $15,000 for 10 Motorola radios for the McKeesport Ambulance Rescue $14,002 for seven radios for the Port Vue Police Department $13,590 for Romine Park landscaping $13,250 for the replacement of fending and a gate at Romine Park $10,640 for a new back stop at Romine Park $9,690 for new railing at Romine Park $9,950 for concrete bleacher removal at Romine Park $9,905 for the removal of trees at Romine Park, as well as tree trimming and crowning $8,000 to pave the American Legion parking lot $7,950 to pave Port Vue Athletic Association’s walkway $2,991 for police body cameras and $2,226 for two Tasers That accounts for $219,831 in project funding for Port Vue from the U.S. Steel Benefit Trust that GASP staff could identify using available public records. It was not immediately clear what the remaining $314,669 funded or will fund. Community Advisory Panel meeting minutes posted on the Lincoln Borough website provide the only additional information we could find about Port Vue’s projects. The meeting minutes read: Application submitted for environmental, public health and overall community benefit. (Mobile speed safety sign, police body cameras, breathing pressure equipment, replace sidewalk/crosswalks, railings, demolition and asbestos studies and a rescue boat – totaling $130,000). Application submitted for recreational, rehabilitation and capital improvement. (Landscaping, replace backstop at the recreational area, replace backstop at the ballfield, redo concrete on bleachers, the outdoor shed at the recreational building, kitchen for the recreational center, cameras for the recreational and storage areas, paint recreational center and garage, pressure wash and sandblast the basketball hoop polls, seal, coat and paint lines on all three courts, roller and sweeper for bathroom areas, replace sidewalks and repair the building at PVAA, pave roads leading up to the accessibility of the new recreational building – totaling $404,500) As for Lincoln? Borough Council meeting minutes indicate the community submitted an application for the modernization and upgrade of Lincoln Park and recreational facilities located at Breznay Field, Dorothy Vay Park, and Bellbridge playground. Work there was expected to include paving, new signage, fencing, picnic tables, bleachers, and playground equipment total $377,868. The second application submitted was for the purchase of two hybrid police vehicles – a 2021 Ford Interceptor “utility model K8A All Wheel Drive, with all the equipment police packaged details, evidence gun volt mounted in the rear vehicle, Martel digital body camera system, Martel digital DC6 camera system with night vision rear camera, exterior mirrors LEDs, double weapons rack.” The purchase price was listed as $115,404. It was not immediately clear what specific projects have been approved or what the $335,000 distributed to the municipality this past fall funded. “GASP staff cobbled together this information by scanning months of meeting minutes and municipal websites,” Filippini said. “Bottom line: It shouldn’t be this difficult for members of the public to glean basic information on what this controversial, high-profile trust has paid for – specifically – in each of the communities. We again are calling on ACHD to do a better job helping Mon Valley residents understand how the funds allotted to their communities are being utilized so they can weigh in.”

The U.S. Environmental Protection Agency (EPA) today announced final national pollution standards for passenger cars, light-duty trucks, and medium-duty vehicles for model years 2027 through 2032 and beyond expected to avoid more than 7 billion tons of carbon emissions. In a release, the EPA said the new rules will also provide nearly $100 billion in annual net benefits to society, including $13 billion of annual public health benefits due to improved air quality, and $62 billion in reduced annual fuel costs, and maintenance and repair costs for drivers. The final standards deliver on the significant pollution reductions outlined in the proposed rule, while accelerating the adoption of cleaner vehicle technologies. EPA is finalizing this rule as sales of clean vehicles, including plug-in hybrid and fully electric vehicles, hit record highs last year. Group Against Smog and Pollution (GASP) lauded the move to cut pollution from the transportation sector, which accounts for 29% of climate pollution produced in the United States. “These new clean cars standards are paramount to our progress in slashing air pollution and cleaning up our air,” GASP Executive Director Patrick Campbell said. “This monumental rule will help save lives and provide the momentum we need to get us to a zero-pollution vehicle future.” EPA projects an increase in U.S. auto manufacturing employment in response to these final standards. Strong standards have historically contributed to the U.S. leading the world in the supply of clean technologies, with corresponding benefits for American global competitiveness and domestic employment. Here’s What You Need to Know About the Light- and Medium-Duty Vehicle Final Standards The final standards announced today build on EPA's existing emissions standards for passenger cars and light trucks for model years 2023 through 2026. The standards continue the technology-neutral and performance-based design of previous EPA standards for cars, pickups, and vans, and leverage advances in clean car technologies to further reduce both climate pollution and smog- and soot-forming emissions. EPA is finalizing the same standard proposed for MY 2032 while allowing additional time for the auto sector to scale up clean vehicle manufacturing supply chains in the first three years covered by the rule. Annually, the net benefits to society for the light- and medium-duty final rule are estimated to be $99 billion. The final rule is expected to avoid 7.2 billion tons of CO2 emissions through 2055, roughly equal to four times the emissions of the entire transportation sector in 2021. It will also reduce fine particulate matter and ozone, preventing up to 2,500 premature deaths in 2055 as well as reducing heart attacks, respiratory and cardiovascular illnesses, aggravated asthma, and decreased lung function. Compared to the existing MY 2026 standards, the final MY 2032 standards: represent a nearly 50% reduction in projected fleet average greenhouse gas emissions levels for light-duty vehicles and 44% reductions for medium-duty vehicles In addition, the standards are expected to reduce emissions of health-harming fine particulate matter from gasoline-powered vehicles by over 95%. This will improve air quality nationwide and especially for people who live near major roadways and have environmental justice concerns. Editor’s Note: GASP staff is currently reviewing the final rule, which you can read for yourself here.

We have blogged about the much-delayed and long-awaited Title V Operating Permit for the Jefferson Hills chemical-manufacturing facility operated by Synthomer, Inc., and formerly operated by Eastman Chemical Company many times before. Why all the fuss? It’s because Synthomer is one of two major sources in Allegheny County that still has never been issued a Title V Operating Permit, despite ACHD regulations that provide that such a permit should have been issued by the end of 2003 (the other is ATI Brackenridge Works). To catch up briefly: Once upon a time, a LONG time ago, the facility was caught violating numerous air pollution regulations, and subjected to a December 2011 consent order in federal court that required it to do: comprehensive emissions testing on all of its sources of air pollution submit the results of that testing to the Allegheny County Health Department and the EPA for review apply to ACHD for an installation permit for each source after receiving EPA approval of the test results and – once all sources were under installation permits - apply for a Title V operating permit. “We are pleased to report that the long, long delay is coming to an end – the light at the end of the tunnel has finally come into view,” GASP Senior Attorney John Baillie said. “On March 14, 2024, ACHD published a draft Title V Operating Permit for Synthomer’s Facility and made it available for public comment.” ACHD also scheduled a public hearing on the draft Title V Operating Permit for 6 p.m. April 18 at the Elizabeth Event Center. Editor’s Note: Our review of the 149-page-long draft Title V Operating Permit has just begun. - but no worries: We will provide updates on anything interesting we find in the permit as we review it.

The U.S. Environmental Protection Agency (EPA) this week announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation's chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments. Exposure to asbestos is known to cause lung cancer, mesothelioma, ovarian cancer, and laryngeal cancer, and it is linked to more than 40,000 deaths in the U.S. each year. “This is a really big deal,” GASP Executive Director Patrick Campbell said. “This public health protection is long overdue. GASP applauds the EPA for its work in the asbestos arena.” Chrysotile asbestos is found in products including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets. The use of asbestos in the United States has been declining for decades, and its use is already banned in over 50 countries. Although there are several known types of asbestos, the only form known to be imported, processed, or distributed for use in the United States is chrysotile. Raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Most consumer products that historically contained chrysotile asbestos have been discontinued. A 1991 court decision that largely struck down EPA's 1989 ban on asbestos and significantly weakened EPA's authority under TSCA to address risks to human health from asbestos or from any other existing chemical. The 2016 amendments to TSCA transformed the law with clear requirements and a mandate to comprehensively prioritize and evaluate the risks of chemicals and put in place strong and timely health protections against any unreasonable risks. EPA has set compliance deadlines to transition away from each use of chrysotile asbestos, which are as soon as is practicable for each use while also providing a reasonable transition period, which the law requires. Separately, EPA is also evaluating other types of asbestos fibers (in addition to legacy uses and associated disposal of chrysotile, and asbestos-containing talc) in part two of the asbestos risk evaluation. EPA will release part two of the draft risk evaluation soon and will publish the final risk evaluation by Dec. 1. Editor’s Note: GASP is following this issue closely and will keep you posted as the process proceeds. In the meantime, check out our Asbestos Awareness page to learn more about local asbestos rules and resources.

Gov. Josh Shapiro on Wednesday unveiled what he called “a new era of energy leadership in Pennsylvania. In a release, he said his plan would: protect and create nearly 15,000 energy jobs lower utility bills for Pennsylvania households, and take real action to address carbon pollution If passed by the legislature, the Governor’s initiatives would save Pennsylvania ratepayers $252 million in the first five years, while generating $5.1 billion in investment in clean, reliable energy sources. Here’s an excerpt from the release, which you can read in full here: As part of his bold vision for Pennsylvania’s energy future, Governor Shapiro is proposing two critical initiatives that together will lower prices for consumers, create and protect Pennsylvania jobs, and lower climate emissions. Following the recommendations of the Governor’s RGGI Working Group, which brought together labor leaders, environmental advocates, and industry to evaluate the merits of the Regional Greenhouse Gas Initiative (RGGI), the Governor is proposing the Pennsylvania Climate Emissions Reduction Act (PACER) to establish a Pennsylvania-specific cap-and-invest program that allows Pennsylvania to determine its own cap on carbon and invest directly in lowering consumers’ electricity bills. If passed, PACER would take Pennsylvania out of RGGI and give the Commonwealth control over its own energy future. The benefits of PACER will be passed on directly to Pennsylvania consumers. Under PACER, 70% of the revenue will be directed back to Pennsylvania residents as a rebate on their electric bill – more than any other cap-and-invest program in the nation – resulting in long-term, price relief on energy costs. In addition to reducing emissions and saving Pennsylvanians money on their bills, PACER will support projects that reduce air pollution in Pennsylvania; further lower costs on energy bills for low-income Pennsylvanians; and invest in new job-creating clean energy projects – such as carbon capture and storage, geothermal deployment, and clean hydrogen – in energy communities that have hosted coal, oil, or gas infrastructure. Shapiro’s plan introduces the Pennsylvania Reliable Energy Sustainability Standard (PRESS), which will attract federal investments in the Commonwealth and keep utility costs low in the long-term by building out the reliable, affordable fleet of power sources we will need for the decades to come. PRESS continues all of the successful elements of AEPS but is also more inclusive to ensure reliability – adding nuclear power, next generation technologies like fusion, and clean forms of natural gas for the first time. This revitalized energy standard will attract hundreds of millions of dollars in new economic investments in our state and create 14,500 jobs, all while improving the reliability of our electricity grid and positioning Pennsylvania as a leader in the energy arena for the next 20 years. PRESS is designed to incentivize a more reliable power generation fleet to combat the threats of extreme weather, cyberattacks, and other challenges that could impact individual sources of electricity. PRESS requires Pennsylvania to get: 50% of its electricity from a diverse range of energy resources by 2035, including 35% from the clean energy sources of today and the future like solar, wind, small modular reactors, and fusion 10% from sustainable sources like large hydropower and battery storage, and 5% from ultra-low emission forms of natural gas and other traditional fuels. By raising these targets for a diverse range of energy sources Editor’s Note: GASP has been following the RGGI issue closely. You can read more about RGGI and the legal challenges that it’s faced here.

At a permit hearing Tuesday, GASP joined residents and advocates from Allegheny County Clean Air Now (ACCAN) and others to demand the Allegheny County Health Department (ACHD) ensure Neville Chemical’s Title V operating permit is as protective of public health as possible. As a reminder, Neville Township-based Neville Chemical is a manufacturer of hydrocarbon resins used extensively in the formulation of adhesive and sealants, concrete cure, coatings, inks, tire, and industrial rubber products. The facility has also been a significant source of stench for local residents and a subject of ACHD enforcement action in recent years. What kind of odor does a hydrocarbon resin manufacturer produce? Here's how our communications manager and longtime Neville Township resident Amanda Gillooly described it to us: "It's this pungent, chemical odor that makes your eyes water and your throat close up. On several occasions, I needed to use my rescue inhaler while stopped at the red light in front of the facility," she said. "It's really awful." While our senior attorney John Baillie pored over the details of Neville Chemical's Title V permit and provided formal technical comments that you can read here, GASP Executive Director Patrick Campbell presented these comments at the hearing: Good evening. My name is Patrick Campbell, I am the executive director of the Group Against Smog and Pollution - or GASP - a nonprofit organization advocating for improved air quality since 1969. Today, we are here to request the Allegheny County Health Department revise its draft Title V operating permit for Neville Chemical Co. to incorporate required “compliance certification, testing, monitoring, reporting and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.” After an exhaustive review of the draft permit, it is not clear how the testing, monitoring, recording, or reporting requirements are sufficient to assure compliance with various limits on PM emissions from the facility’s packaging operations. For example, at most, testing for some sources of emissions at the facility are required only once every five years, which is not sufficient to assure compliance with permitted limits. GASP has submitted formal technical comments that go into greater detail about those testing, monitoring, recording, and reporting requirements and how they are deficient- comments we hope ACHD heeds. Because residents in the Neville Island airshed need all the public health protections this Title V operating permit can provide. Living near industrial facilities like Neville Chemical impacts the health and quality of life for those on the island and beyond. When it comes to Neville Chemical, specifically, we’ve heard horror stories from one of GASP’s staff members about the noxious odors emanating from the plant. She told us she dreaded driving past while on her way to work and getting stuck at the red light outside the facility because on those occasions, the odor would make her eyes water and her throat close up. She told us and ACHD staff in complaints that more often than not, she needed to use her rescue inhaler - that’s how pungent the offsite odors were. We shouldn’t be hearing these types of stories on the outskirts of one of America’s Most Livable Cities, especially when ACHD has both the authority and tools to ensure Neville Chemical complies with air quality regulations through a more stringent Title V operating permit. Thank you.

The U.S. Environmental Protection Agency (EPA) today announced a rule to amend standards for facilities that use open burning and open detonation to treat waste explosives such as munitions, fireworks, flares or airbag propellants. If finalized, the rule would strengthen existing regulatory requirements to use safe and available alternative technologies to treat waste explosives and provide new technical standards for open burning and open detonation designed to better protect communities and military families from pollution. EPA also proposed a framework for permitting mobile treatment units aimed to expand potential treatment options for waste explosives and reduce the use of open burning and open detonation. "Open burning and open detonation of waste explosives like fireworks or munitions can have serious environmental and public health impacts, oftentimes in communities already overburdened by pollution," EPA Administrator Michael S. Regan said in a news release. "In close coordination with federal, state and local partners, EPA's proposal will work to better protect local communities from environmental and health harm while ensuring facilities are supported in the transition to new alternative technologies that safely manage explosive wastes." Explosive wastes include a range of items, including munitions, propellants, fireworks, and flares and are often treated by open burning and open detonation because historically, other safe modes of treatment have not been available. However, as described in 2019 reports by EPA and the National Academies of Sciences, Engineering, and Medicine, alternative technologies are now available to safely treat certain waste explosives. Unlike treatment of other hazardous waste, open burning and open detonation occurs in the open, and emissions are released directly into the environment. The proposed rule responds to community concerns, including the potential for exposure to pollutants released into the air, deposited into soil and surface water, and leached into groundwater after an open burning and open detonation event. Communities raised additional concerns about noise and vibration from facilities using open burning and open detonation to treat waste explosives. If finalized, the proposal is expected to reduce existing disproportionate and adverse impacts on communities with environmental justice concerns. Specifically, more frequent evaluations of alternatives to open burning and open detonation and new technical permitting standards for open burning and open detonation may accelerate the implementation of cleaner, safer alternative technologies. Now for a little bit of background: In 1980, due to the potential risks to human health and the environment, EPA prohibited open burning of hazardous waste under the Resource Conservation and Recovery Act (RCRA) with one exception for waste explosives "which cannot safely be disposed of through other modes of treatment." Since that time, facilities have been required to determine whether alternatives are safe and available. EPA committed to monitoring the progress of ongoing development of safe alternatives, as this explosives exception from the ban on open burning of hazardous waste was not intended to be indefinite. In developing this proposal, EPA engaged with Tribes, state regulators, communities, and operators of OB/OD facilities, including the Department of Defense, Department of Energy, and National Aeronautics and Space Administration. In June 2022, EPA also issued a policy memorandum to communicate existing requirements for open burning and open detonation facilities and to provide guidance to EPA Regions, states, and territories for permitting open burning and open detonation units under RCRA to protect human health and the environment. After publication in the Federal Register, EPA will take public comment for 60 days on the proposed rule. Review a prepublication copy of the proposed rule on our Revisions to Standards for the Open Burning / Open Detonation of Waste Explosives webpage. Learn about energetic hazardous waste. Editor’s Note: GASP staff is following this issue closely and will keep you posted as this process proceeds.