October 29 – November 4, 2022
In this week's issue:
- EPA Changes Rulemaking Plan for HD Truck GHG Standards, Sends HD Truck NOx Rule to OMB (November 3, 2022)
- EPA Issues $53 Million to NACAA Members and Others for Community Monitoring (November 3, 2022)
- States and Private Petitioners Opposing EPA’s Revised Light-Duty Vehicle GHG Emission Standards File Opening Briefs in D.C. Circuit (November 3, 2022)
- Groups Opposing Reinstatement of California Waiver File Amicus Briefs in D.C. Circuit (October 31, 2022)
- GAO Identifies Problems with EPA’s and DOE’s Implementation of Program to Exempt Small Refineries from RFS Obligations (November 3, 2022)
- GAO Recommends Review of NEPA Exemption for Satellite Launches (November 2, 2022)
- Researchers Find Populations Living in Racially Segregated Communities Face Disproportionate Exposure to Toxic Metals (November 1, 2022)
- Accounting Firm: Most Large Companies On Track to Miss Their Own Net Zero Targets (November 4, 2022)
- Study Finds Sudden Cardiac Death from PM Exposure Can Occur After Delay (October 30, 2022)
- Wildfire Smoke Linked To Tuberculosis Spikes, Especially In Vulnerable Communities (November 2, 2022)
- DC Passes Leadership to Connecticut to Serve Term as NACAA Co-President (October 31, 2022)
This Week in Review
EPA informed NACAA that it will forego its planned Supplemental Notice of Proposed Rulemaking (SNPRM) for the greenhouse gas (GHG) portion of the heavy-duty (HD) truck rule proposed in March 2022 and, instead, fold HD GHG standards for model years (MY) 2027 through 2029 into the Phase 3 HD truck rulemaking that is already underway and will be accelerated. EPA now plans to issue a proposed Phase 3 HD truck rule in March 2023 and a final Phase 3 rule by the end of 2023; the rule will include GHG emission standards beginning with MY 2027 and go out to at least MY 2032 (which coincides with the span of funding under the Inflation Reduction Act) and possibly several years longer. By way of background, in September, EPA announced it would bifurcate the March 2022 proposed HD truck rule into two separate rules: one on NOx-criteria pollutants (CP) and the other on GHGs. At that time, EPA further announced that 1) the NOx-CP portion of the rule would move forward to a final rulemaking expected to be finalized by the end of this calendar year and 2) for the GHG portion of the rule, the agency would issue an SNPRM with MY 2027 through 2029 HD GHG standards that are tighter than those proposed in the March 2022 NPRM. At the time, EPA was still working out the exact timing of the GHG action and its connection to the Phase 3 rulemaking. EPA has now set its plan and schedule for moving forward. Finally, regarding the final HD NOx truck rule expected to be effective by the end of this year, we understand the agency has just transmitted the final package to OMB for interagency review.
EPA announced it is awarding $53.4 million in grant funding to support 132 air monitoring projects in 37 states focused on communities that are underserved, historically marginalized and overburdened by pollution. The funding includes $20 million from the American Rescue Plan (ARP) (the competition for which was announced last year), plus an additional $33 million from the Inflation Reduction Act (IRA). The 132 projects that will be funded include grants to seven regional organizations, 23 tribes, 60 community organizations and nonprofit groups, and 42 state, county and local governments – many of which are members of NACAA. With the additional IRA funding, EPA was able to support more than twice the number of projects initially proposed by governments and groups that applied for the ARP community monitoring grants. The awards range from $57,000 to $500,000. “The air monitoring projects we are announcing today, which include the first EPA grants funded by President Biden’s Inflation Reduction Act, will ensure dozens of overburdened communities have the tools they need to better understand air quality challenges in their neighborhoods and will help protect people from the dangers posed by air pollution,” stated EPA Administrator Michael S. Regan.
For further information: https://www.epa.gov/arp/selections-arp-enhanced-air-quality-monitoring-competitive-grant
Sixteen states and organizations representing petrochemical and biofuels industries and conservative interests filed opening briefs in the U.S. Court of Appeals for the District of Columbia Circuit challenging EPA’s 2021 revised greenhouse gas (GHG) emission standards for light-duty vehicles. Both sets of petitioners rely heavily on the “major questions doctrine” articulated by the Supreme Court in West Virginia v. EPA, arguing that EPA unlawfully enacted standards with enormous economic and political ramifications without clear statutory authority. The State Petitioners’ brief emphasizes the strain that the standards will place on grid reliability and ramifications for national security, while the “Private Petitioners” characterize the standards as effectively phasing out conventional vehicles in favor of electric vehicles. The Private Petitioners additionally argue that EPA lacks clear statutory authority to set emission standards based on fleetwide averaging. The State Petitioners are Texas, Alabama, Alaska, Arkansas, Arizona, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina and Utah.
For further information: https://www.4cleanair.org/wp-content/uploads/Texas-v.-EPA-State-Petitioners-brief-11-3-22.pdf (State Petitioners’ Brief) and https://www.4cleanair.org/wp-content/uploads/Texas-v.-EPA-Private-Petitioners-brief-11-3-22.pdf (Private Petitioners’ Brief)
Nine amicus briefs were filed in the U.S. Court of Appeals for the District of Columbia Circuit by organizations and associations in support of states and industry groups challenging EPA’s decision to reinstate the waiver of federal preemption for California’s light-duty greenhouse gas (GHG) emission standards and zero emission vehicle sales mandate, part of the state’s Advanced Clean Car Program. The amici supporting the petitioners represent a diverse range of interests ranging from the trucking industry, to oil and gas interests, to conservative think tanks, to minority and low-income housing advocates. Several amici elaborate on arguments raised in the petitioners’ briefs, arguing that the reinstatement of the waiver violates the “major questions doctrine” as recently articulated by the Supreme Court in West Virginia v. EPA, or that EPA’s interpretation of Section 209 of the Clean Air Act is unconstitutional . The group ConservAmerica challenges the proposition that a rapid move to electric vehicles will account for greater emission reductions than a less regulated, competitive market-based approach. An organization called “The Two Hundred for Housing Equity” characterizes California’s Advanced Clean Cars Program as an attack on low-income and minority workers who rely on low-cost vehicles to obtain and maintain jobs and cannot afford electric vehicles.
For further information:
Amicus for Petitioners briefs were filed by the following organizations:
- Western States Trucking Association, Inc.: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-W.-States-Trucking-Assn-Amicus-for-Petitioners-Brief-10-27-22.pdf
- American Commitment, Americans for Tax Reform, Caesar Rodney Institute, California Policy Center, Center of the American Experiment, Energy and Environmental Legal Institute, Freedom Foundation of Minnesota, Independent Women’s Law Center, Institute for Energy Research, Institute for Regulatory Analysis and Engagement, Rio Grande Foundation, and Thomas Jefferson Institute for Public Policy: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-American-Commitment-et-al.-Amicus-for-Petititioners-Brief-10-31-22.pdf
- California Business Roundtable and California Manufacturers & Technology Association: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-Cal.-Business-Roundtable-et-al.-Amicus-for-Petitioners-Brief-10-31-22.pdf
- Owner-Operator Independent Drivers Association, Inc.: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-Owner-Op.-Ind.-Drivers-Amicus-for-Petitioners-Brief-10-31-22.pdf
- ConservAmerica: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-ConservAmerica-Amicus-for-Petitioners-Brief-10-31-22.pdf
- The Two Hundred for Housing Equity: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-The-Two-Hundred-for-Housing-Equity-Amicus-for-Petitioners-Brief-10-31-22.pdf
- Western States Petroleum Association, National Federation of Independent Business, California Asphalt Pavement Association, American Trucking Associations, Inc., and National Tank Truck Carriers, Inc.: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-W.-States-Petroleum-Assn-et-al.-Amicus-for-Petitioners-Brief-10-31-22.pdf
- The Sulphur Institute: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-Sulphur-Inst.-Amicus-for-Petitioners-Brief-10-31-22.pdf
- Texas Oil & Gas Association, Louisiana Mid-Continent Oil & Gas Association, The Petroleum Alliance of Oklahoma, Texas Independent Producers and Royalty Owners Association, Texas Association of Manufacturers, and Texas Royalty Council: https://www.4cleanair.org/wp-content/uploads/Ohio-v.-EPA-Texas-Oil-Gas-Assn-et-al.-Amicus-for-Petitioners-Brief-10-31-22.pdf
In a new report, the Government Accountability Office (GAO) details its findings and recommendations related to its review of EPA’s and the U.S. Department of Energy’s (DOE) implementation of the small refinery exemption program. Under the Clean Air Act, small refineries may apply annually for an exemption from their Renewable Fuel Standard (RFS) obligation (requiring that biofuel be blended into gasoline and diesel fuel) based on disproportionate economic hardship. Exemption petitions must be evaluated by EPA in consultation with DOE. Based on its review of this process for the 2013 through 2021 timeframe GAO concluded that EPA and DOE do not have the information, policies or procedures necessary to fully ensure that exemption decisions are valid. Further, EPA has also routinely missed its statutory deadline for making decisions. In “Renewable Fuel Standard: Actions Needed to Improve Decision-Mailing in the Small Refinery Exemption Program,” GAO makes seven recommendations to address the problems it identified. Included among them are that EPA reassess its conclusion that all small refineries recover their RFS compliance costs through the price of the gasoline and diesel fuel they sell; EPA and DOE develop documented policies and procedures for making decisions on small refinery exemption; and EPA develop procedures to ensure that the agency will meet its 90-day statutory deadline for issuing exemption decisions.
For further information: https://www.gao.gov/assets/gao-23-105801.pdf
A new GAO report calls on the Federal Communications Commission (FCC) to re-examine its exemption for satellite launches from environmental review. The National Environmental Policy Act (NEPA) requires federal agencies to prepare an environmental assessment unless a “categorical exclusion” applies. Scientists and others have raised concerns about the potential environmental and other effects of large quantities of satellites, including the emissions from launches and the distribution of toxic materials into the air upon de-orbit. Companies submit satellite launch proposals to the FCC for licensing, and FCC has ruled that satellite launches are a category excluded from NEPA review. In a new report, the GAO has recommended that FCC review air pollution and other potential environmental impacts as the pace of satellite launches increases in the coming decade, and justify whether the exclusion should still apply. “By 2030, tens of thousands of commercial satellites are expected to join the thousands of satellites already in orbit”, the report says, and recommends that FCC “review and document whether licensing large constellations of satellites normally does not have significant effects on the environment.”
For further information: https://www.gao.gov/products/gao-23-105005
In a report published in Nature Communications, researchers from Colorado State University, Yale, Harvard, McGill and Columbia document their findings that “populations living in racially segregated communities are exposed to a form of fine particulate matter [PM] with over three times higher mass proportion of known toxic and carcinogenic metals.” The research behind the report builds on previous research that revealed that marginalized communities face disproportionate exposure to fine PM. New in the findings published this week is, “While concentrations of total fine particulate matter are two times higher in racially segregated communities, concentrations of metals from anthropogenic sources are nearly ten times higher” and exposure of populations living in racially segregated communities to these environmental stressors has been disproportionately high through the past decade. In “Unequal airborne exposure to toxic metals associated with race, ethnicity, and segregation in the USA,” the authors report that they “find evidence . . . that these disproportionate exposures may be abated through targeted regulatory action.” The authors cite, as an example, recent regulations on marine fuel that have resulted not only in reduced vanadium concentrations in coastal areas, but also distinctly reduced differences in vanadium exposure by segregation.
For further information: https://www.nature.com/articles/s41467-022-33372-z
A study by the accounting firm Accenture finds that most large companies that have stated commitments to reaching net-zero GHG emissions will miss their targets without increased action. The report analyzed two thousand global corporations and found that 34 percent have a public net-zero commitment. However, 93 percent are on track to miss their goals by 2050 unless they quicken their pace. Higher ambition seems to have yielded higher levels of cuts, according the research: among companies with net-zero targets throughout the supply chain, emissions dropped 18 percent between 2011 and 2020, while emissions only decreased 1 percent between 2011 and 2020 for those focused on their own emissions — known as scope 1 and scope 2 emissions — and increased 3 percent from 2011 to 2019.
For further information: https://www.accenture.com/content/dam/accenture/final/capabilities/strategy-and-consulting/strategy/document/Accenture-Net-Zero-By-2050-Global-Report-2022.pdf
A new study in the Journal of the American Heart Association has linked PM air pollution exposure in the past month or season to incidents of sudden cardiac death (SCD). Previous studies had noted links between dangerous short term exposures and more immediate cardiac mortality risk, but this study links medium-term events with those SCD events as well. The researchers from Harvard University examined 117,358 records from a nationwide prospective cohort, and linked earlier, medium-term PM exposure as an important contributor to the population level risk of SCD.
For further information: https://www.ahajournals.org/doi/abs/10.1161/circ.146.suppl_1.14572
Research published in the American Journal of Respiratory and Critical Care Medicine has found that wildfires in California were associated with a 23 percent increase in tuberculosis diagnoses over a six-month observation period. The study, by researchers from Johns Hopkins University, cross-referenced data from 6,238 tuberculosis diagnoses between 2014 and 2019, monitoring data from the California Air Resources Board, and satellite images from the National Oceanic and Atmospheric Administration’s Hazard Mapping System to determine that smoke exposures could be associated with a higher risk of tuberculosis diagnosis. The study particularly noted particular vulnerability in immigrant communities originating from endemic countries, with new case rates five times higher in this group than in the general population.
For further information: https://www.atsjournals.org/doi/pdf/10.1164/rccm.202210-1936ED
The air agency director for the District of Columbia, Kelly Crawford, has resigned her term as NACAA State Co-President following her accepting a new position in the federal government. NACAA’s air director for the State of Connecticut, Tracy Babbidge, immediately advances from State Co-Vice President to become the State Co-President of NACAA. Babbidge is the Acting Deputy Commissioner for the Connecticut Department of Energy and Environmental Protection, and is also the current state co-chair of NACAA’s Mobile Sources and Fuels Committee. She will join Mark Buford, the Executive Director of the Northwest Clean Air Agency in Mt. Vernon, WA, who was elected in October 2022 as NACAA’s Local Co-President. We appreciate Kelly’s vision, energy, and effectiveness, and thank her for her contributions to NACAA; we are excited to work with and learn from Tracy in the year ahead!