June 1-7, 2019
In this week's issue:
- Automakers Tell President Final Light-Duty Vehicle Rule Without Support of All Parties Will Be “Untenable,” Urge Renewal of Discussions with California (June 6, 2019)
- EPA Finalizes Emissions Reporting Exemption for Animal Waste (June 4, 2019)
- EPA Proposes RTRs for Two Surface Coating Categories (June 4, 2019)
- Wehrum Switches Roles of Two EPA OAR Senior Managers (June 6, 2019)
- EPA Science Advisory Board Meets, Votes to Review “Science Transparency” Proposal (June 5, 2019)
- GAO Releases Report on Effects of RFS on Gas Prices and GHG Emissions (June 3, 2019)
- EPA OIG Examines Internal Controls for Detecting and Preventing Emissions Fraud in Onroad Heavy-Duty Sector (June 3, 2019)
- House Appropriators Include Rider in Transportation-HUD FY 2020 Funding Bill to Bar EPA and NHTSA from Completing LDV Rule (June 4, 2019)
- Senator Harris Introduces Bill to Fund Replacement of Diesel School Buses with Electric (June 6, 2019)
- Senate Energy and Natural Resources Committee Holds Hearing on Grid-scale Energy Storage Technology (June 4, 2019)
- House Intelligence Committee Holds Hearing on National Security Implications of Climate Change (June 5, 2019)
- Senator Introduces Bill to Require U.S. to Meet Paris Agreement Goals (June 6, 2019)
- Study Finds that Achieving the Paris Agreement’s Goals Would Save Thousands of U.S. Lives (June 5, 2019)
This Week in Review
Seventeen major automobile manufacturers sent letters to President Donald Trump and California Governor Gavin Newsom regarding the Administration’s proposed rule to roll back light-duty vehicle greenhouse gas emission standards, which EPA recently announced would be finalized this month. In their letter to Trump, the automakers told the President, “We strongly believe the best path to preserve good auto jobs and keep new vehicles affordable for more Americans is a final rule supported by all parties – including California. … For our companies, a broadly supported final rule would provide regulatory certainty and enhance our ability to invest and innovate by avoiding an extended period of litigation and instability, which could prove as untenable as the current program.” In their letter to Newsom, the automakers likewise urged that discussions between California and the federal government be resumed, noting: “We know that reaching an agreement has been challenging, but the stakes are too high and the benefits too important to accept the status quo.”
For further information: http://www.4cleanair.org/sites/default/files/Documents/LDV_Rule-Automaker_Letter_to_President_Trump-060619.pdf and http://www.4cleanair.org/sites/default/files/Documents/LDV_Rule-Automaker_Letter_to_Gov_Newsom-060619.pdf
EPA Administrator Andrew Wheeler signed a final rule exempting air emissions from animal waste from reporting requirements under the Emergency Planning and Community Right to Know Act (EPCRA). According to EPA, the rule “maintains consistency between the emergency release notification requirements of EPCRA and [the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)] in accordance with the statutory text, framework and legislative history of EPCRA, and is consistent with the Agency’s prior regulatory actions.” EPA finalized a rule exempting farm animal waste emissions from both CERCLA’s and EPCRA’s emissions reporting requirements in 2008, but the D.C. Circuit struck down those exemptions in 2017. In response, Congress amended CERCLA to exclude farm animal waste emissions from the statute’s reporting requirements in the 2018 omnibus appropriations bill. The EPCRA reporting exemption rule has not appeared in the Federal Register and will go into effect 30 days after it is published.
For further information: https://www.epa.gov/sites/production/files/2019-06/documents/epcra_reporting_exemption_final_rule_may_20_2019_prepub.pdf
EPA published in the Federal Register (84 Fed. Reg. 25,904) the proposed Risk and Technology Review (RTR) standards for the Surface Coating of Metal Cans and Surface Coating of Metal Coil source categories that were announced on May 3, 2019. The notice opens the public comment period, which closes on July 19, 2019. EPA is proposing that risks from these source categories are acceptable and that there are no developments in practices, processes or control technologies that would further reduce emissions of hazardous air pollutants. The agency is also proposing amendments to the existing regulations pertaining to emissions during periods of startup, shutdown and malfunction, and amendments to clarify certain rule provisions that will enhance the effectiveness of the rules.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-06-04/pdf/2019-10068.pdf and https://www.epa.gov/stationary-sources-air-pollution/surface-coating-metal-cans-and-surface-coating-metal-coil-residual
Bill Wehrum, EPA Assistant Administrator for the Office of Air and Radiation (OAR), sent an email to OAR staff advising them of senior leadership changes within OAR. Beginning August 4, 2019, Christopher Grundler, current Director of the OAR Office of Transportation and Air Quality (OTAQ), and Sarah Dunham, current Director of the OAR Office of Atmospheric Programs (OAP), will “swap” positions to “give each of these outstanding senior executives a new opportunity for learning and leadership” and “bring fresh and different perspectives to these critical organizations.” Grundler has been with OTAQ for 24 years, first as Deputy Director and, since October 2012, as Director. As Wehrum states in his email, “Under Chris’ leadership, OTAQ has achieved some of its most noteworthy accomplishments – including promulgation and implementation of EPA’s groundbreaking GHG standards for passenger vehicles, phase 2 GHG standards for commercial heavy duty trucks, and Tier 3 standards for gasoline-fueled vehicles. He has also been at the center of some of EPA’s most important mobile source compliance actions (including the landmark Volkswagen case), implemented the highly complex fuels program, launched EPA’s ports initiative, and overseen progress in the SmartWay and DERA programs.” Dunham also has a long tenure at EPA. Prior to serving as Director of OAP, a position she’s held since October 2011, Dunham was Director of the OTAQ Transportation and Climate Division for six years and a Branch Chief within OAP’s Clean Air Markets Division. She also served as Acting Administrator of OAR for 10 months during the transition to the Trump Administration. As Wehrum notes, “Sarah has skillfully and successfully managed OAP’s wide-ranging portfolio. She has worked seamlessly with OAQPS on some of OAR’s most high profile regulatory programs, such as the Cross State Air Pollution Rule, the Mercury and Air Toxics Standards, and the Affordable Clean Energy Rule. She has helped the Energy Star Program continue to grow and expand, while protecting and preserving the powerful brand that it is. She has also been at the center of some of EPA’s most important work on climate change and overseen the continuing success of OAP’s market trading programs and implementation of the Montreal Protocol.” NACAA has been privileged to work both of these incredibly talented individuals over the years, each of whom has unsurpassed expertise in his/her field. We look forward to continuing to work with them in their new and entirely different roles.
For further information: http://4cleanair.org/sites/default/files/resources/wehrum_dunham_grundler_announcement.pdf
EPA’s Science Advisory Board (SAB), an independent advisory body charged with reviewing the scientific and technical information in EPA rulemakings, met this week for the first time in 2019. The agenda for this week’s SAB meeting included remarks from EPA Administrator Andrew Wheeler, briefings from EPA, and discussions of EPA’s proposed Science Transparency Rule, EPA’s Spring Regulatory Agenda, and other topics. A central issue on the SAB Agenda was the proposed “Strengthening Transparency in Regulatory Science” proposal, which would bar the use of scientific studies for regulatory purposes unless the research data “are publicly available in a manner sufficient for independent validation.” In his remarks, Administrator Wheeler reaffirmed the intention he expressed in a May 2019 letter and in the EPA’s Unified Agenda of Regulatory and Deregulatory Activities (see May 24, 2019 Washington Update) to move ahead with the proposal with a view toward finalizing it by the end of December 2019. However, at this week’s meeting the SAB voted to independently review the proposal at greater depth to understand the far-reaching consequences it could have on public health and environmental regulations, rejecting EPA’s call to take a narrow look at the proposed rule and potentially slowing the path for its finalization. Members of the SAB also voted to perform independent review of the Mercury and Air Toxics Standards and of the EPA and National Highway Transportation Safety Administration’s proposal to reduce the future stringency of light duty vehicle fuel efficiency and greenhouse gas emissions standards. However, SAB members opted not to move forward, for now, with independent review of changes to clean water standards and on the use of “co-benefits” in air regulations.
For further information: https://yosemite.epa.gov/sab/sabproduct.nsf//MeetingCalBOARD/5721CE28FAD51122852583E4006BA391?OpenDocument
The U.S. Government Accountability Office (GAO) released a report, titled Renewable Fuel Standard: Information on Likely Program Effects on Gasoline Prices and Greenhouse Gas Standards, for which GAO reviewed studies, interviewed experts and industry stakeholders and conducted a statistical analysis of state ethanol mandates similar to the nationwide Renewable Fuel Standard (RFS). Among GAO’s conclusions are that the RFS likely contributed to “modest” gas price increases in states outside the Midwest, these increases may have reduced over time, and variability in the impacts on gas prices was likely dependent, to some degree, on differences, state by state, in costs to transport and store ethanol. With respect to GHG emissions, GAO reports that most of the experts interviewed “generally agreed that, to date, the RFS has likely had a limited effect, if any, on greenhouse gas emissions” due to several factors including the reliance of the RFS on conventional corn-starch ethanol rather than advanced biofuels (which achieve greater GHG reductions) and the production of most corn-starch ethanol at plants that are exempt from emission reduction requirements, which would have hampered reductions earlier on when plants were less efficient. GAO also believes it is doubtful that the RFS will achieve the GHG emission reduction goals anticipated through 2022 because advanced biofuels “have been uneconomical to produce at the volumes required by the RFS statute so [EPA] has waived most of these requirements.”
For further information: https://www.gao.gov/assets/700/698914.pdf
EPA’s Office of Inspector General (OIG) released the results of its audit of the agency’s internal controls, undertaken to determine how well they detect and prevent noncompliance in the onroad heavy-duty (HD) vehicle sector. According to OIG, EPA demonstrated that its current internal controls are “effective” in finding and minimizing vehicle emissions fraud. However, OIG also found “specific risks to EPA’s goals of achieving public health and environmental benefits through its HD vehicle compliance program” and, accordingly, offered eight recommendations – with which EPA agrees – to improve the agency’s controls.
For further information: https://www.epa.gov/sites/production/files/2019-06/documents/_epaoig_20190603-19-p-0168_0.pdf
The House Appropriations Committee approved, by a vote of 29 to 21, a bill to provide fiscal year 2020 funding for the Department of Transportation, the Department of Housing and Urban Development (HUD) and other related agencies. Included in the bill is a provision to prohibit funds from being used to finalize or enforce the Trump Administration’s regulatory effort to roll back light-duty vehicle emission standards and fuel economy standards established in 2012 and applicable beginning with model year 2021. In particular, Section 145 of the bill states (on p. 62) the following: “None of the funds appropriated or otherwise made available in this Act or any other Act may be used to finalize or enforce a proposed rule published by the National Highway Traffic Safety Administration and the Environmental Protection Agency on August 2, 2018, entitled ‘The Safer Affordable Fuel-Efficient Vehicles Rule’ or any other successor rule.” This prohibition is also noted in the bill report (on p. 47). The Transportation-HUD appropriations bill now goes to the House floor for consideration.
For further information: https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20THUD%20Sub%20Markup%20Draft.pdf and
Senator Kamala Harris (D-CA) introduced S. 1750, the Clean School Bus Act of 2019, to authorize $200 million per year for five years (2020 to 2024) for a Clean School Bus Grant Program run by the U.S. Department of Energy to accelerate electrification of the nation’s school bus fleet. The bill would provide for grants of up to $2 million each to replace diesel school buses with electric ones, invest in charging infrastructure and support development of the workforce. In addition, S. 1750 would prioritize grant applications for initiatives that serve lower-income students, replace the most polluting buses and leverage funding to achieve additional reductions in emissions, such as through partnerships with local utilities. When introducing the bill, Harris stated, “We know that students are breathing polluted air on their way to school, and we know that burden falls disproportionately on low-income students and students of color. We must take action to protect them. Electrifying the nation’s school bus fleet will clean the air our students breathe and help fight the climate crisis that threatens their futures.” S. 1750 is co-sponsored by Senators Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Cory Booker (D-NJ), Tina Smith (D-MN), Bernie Sanders (I-VT) and Catherine Cortez Masto (D-NV).
For further information: http://www.4cleanair.org/sites/default/files/Documents/Legislation-S.1750-CleanSchoolBusActOf2019-Harris-060519.pdf, http://www.4cleanair.org/sites/default/files/Documents/Legislation-S.1750-Summary-CleanSchoolBusActOf2019-Harris-060519.pdf and https://www.congress.gov/bill/116th-congress/senate-bill/1750?q=%7B%22search%22%3A%5B%22kamala+harris%22%5D%7D&s=4&r=1
The Senate Energy and Natural Resources Committee held a hearing on opportunities to expand grid-scale energy storage in the U.S. Senator Lisa Murkowski (R-AK) presented an opening statement which noted that the hearing is the latest in a series of climate solutions-related proceedings that have examined nuclear and renewable energy, energy efficiency and carbon capture utilization and storage (CCUS). “[W]e understand that if we are going to be serious about addressing climate change, we need to come together on practical and effective solutions that will reduce our greenhouse gas emissions. CCUS and nuclear energy will play a major role in these efforts, and so will the topic of today’s hearing, which is energy storage.” Murkowski went on to list the benefits of energy storage technology, including added dispatch flexibility to distribute power during less expensive lower-demand times, avoiding the need for expensive expansions of power system infrastructure, and smoothing dispatch from intermittent generating resources like wind and solar. Senator Joe Manchin (D-WV) pointedly called out the significance of grid-scale energy storage for renewable energy development in his opening remarks. “Energy storage is needed to achieve the full potential of renewable energy. It’s really a key enabling technology to a low-carbon, modern grid that will help us achieve our carbon emissions reductions and address climate change,” he said. The hearing featured a panel of five witnesses: George Crabtree, director of the Joint Center for Energy Storage Research at Argonne National Laboratory; Mitch Davidson, CEO of US Brookfield Renewable; Ben Fowke, chairman of the board, president and chief executive officer of Xcel Energy Inc.; Kiran Kumaraswamy, vice president of Market Applications at Fluence; and Andrew Ott, president and CEO of PJM Interconnection LLC.
For further information: https://www.energy.senate.gov/public/index.cfm/hearings-and-business-meetings?ID=83B728AC-6708-40D6-9B96-CC007F5B5906 and https://www.energy.senate.gov/public/index.cfm/democratic-news?ID=FAE1BE86-6FFB-4651-890D-806B576F2ED2
The House Permanent Select Committee on Intelligence held a hearing to explore how climate change will affect national security. The hearing featured three witnesses: Peter Kimmel, counselor to the National Intelligence Council in the Office of the Director of National Intelligence; Jeffrey Ringhausen, the senior naval intelligence manager for Russia and Eurasia at the Office of Naval Intelligence; and Rod Schoonover, senior analyst in the Bureau of Intelligence and Research at the U.S. State Department. Among other things, the hearing reviewed how climate change could exacerbate existing political unrest, increase resource competition, place additional stress on U.S. military bases and create risks to human health.
For further information: https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=109197
Senator Jeanne Shaheen (D-NH) introduced legislation that would require the president to develop and implement a plan to meet the U.S.’s voluntary emissions pledge under the Paris Agreement. The measure is identical to a bill introduced by Representative Kathy Castor (D-FL) that was approved by the U.S. House in May. The Senate bill, S. 1743, has 43 Democratic cosponsors and two independent cosponsors. It has been referred to the Senate Committee on Foreign Relations for future consideration. In 2015, the U.S. joined the Paris Agreement alongside nearly 200 other nations and voluntarily pledged to reduce greenhouse gas emissions to 26 to 28 percent below 2005 levels by 2025. President Trump announced his intent to withdraw the U.S. from the Paris Agreement in June 2017.
For further information: https://www.congress.gov/bill/116th-congress/senate-bill/1743
A study published in the journal Science Advances examines the impacts of extreme heat events on 15 U.S. cities under different levels of climate change. It finds that compared to a 3-degree increase, holding global average increases to 2 degrees Celsius would prevent between 75 and 1,980 annual heat-related deaths per city. Limiting warming to only 1.5 degrees would avoid even more fatalities, preventing between 110 and 2,720 deaths. The results vary by city, with the largest benefits projected for New York City and the smallest in Atlanta. Other cities examined in the study include, Boston, Chicago, Dallas, Detroit, Houston, Los Angeles, Miami, Philadelphia, Phoenix, San Francisco, Seattle, St. Louis, and Washington, DC.
For further information: https://advances.sciencemag.org/content/5/6/eaau4373