![](https://www.4cleanair.org/wp-content/uploads/2021/01/nacaa-internal-banner-1024x210.jpeg)
December 18-23, 2022
In this week's issue:
- EPA Releases Final Heavy-Duty Truck NOx Rule (December 20, 2022)
- Senate Passes $1.7 Trillion Omnibus Appropriations Bill With Funding Increases for State and Local Agencies (December 22, 2023)
- EPA Issues Guidance on Environmental Justice in Clean Air Permitting (December 202, 2022)
- EPA Issues 2019 Data Updates To AirToxScreen (December 21,2022)
- Washington, Oregon Approve Transition to Zero Emission Vehicles (December 19, 2022)
- New York Climate Implementation Plan Approved (December 17, 2022)
- 3M to Discontinue PFAS Manufacture and Use in 2025 (December 20, 2022)
- EPA Issues Proposed 111(d) Implementing Regulations (December 19, 2022)
- EPA Finalizes Protective EtO Risk Value (December 14, 2022)
- IEA: Price Effects of Russian Invasion Driving Global Coal Use To All Time High (December 16, 2022)
- Postal Service Commits To EVs (December 20, 2022)
- NESHAP Amendments Proposed by EPA for Lime Manufacturing (December 20, 2022)
- Delaware’s Angela Marconi to Co-Chair NACAA’s Emissions and Modeling Committee (December 22, 2022)
This Week in Review
![](https://www.4cleanair.org/wp-content/uploads/Washington-Monument-1-637x328.jpeg)
EPA Administrator Michael S. Regan announced the agency’s final rule to reduce emissions of nitrogen oxide (NOx) from on-road heavy-duty (HD) vehicles and engines. Beginning with model year (MY) 2027, all heavy-duty trucks are required to meet a numeric NOx emissions limit of 35 milligrams per horsepower-hour (mg/hp-hr), compared to the current standard, set by EPA 20 years ago, of 200 mg/hp-hr; the final rule includes a single phase of emission standards versus two phases (MY 2027 and MY 2031) as outlined by EPA in its Proposed Option 1. By way of comparison, under its Omnibus HD Rule, the California Air Resources Board (CARB) requires medium HD (MHD), light HD (LHD) and HD gasoline trucks to meet a 20-mg/hp-hr standard in 2027 and heavy HD (HHD) trucks to meet a 20-mg/hp-hr standard in 2031, with an interim standard of 35 mg/hp-hr for MYs 2027 through 2030. According to EPA, its standards are 80 percent lower than the current standards. The emission standards recommended by NACAA – 20 mg across the board beginning with MY 2027 – would be at least 90 percent lower than the current standards (the standards in CARB’s Omnibus would be 90 percent lower). EPA also provides manufacturers with a 15-mg/hp-hr in-use compliance margin, without sunset, for the HHD and MHD NOx emission standards. The agency establishes the first-ever federal low-load numeric NOx emissions standards, similar to CARB’s though tighter for HHD trucks at 50 mg/hp-hr in MY 2027 versus CARB’s 90 mg/hp-hr in MY 2027 and 100 mg in MY 2031; however, EPA again provides a 15-mg in-use compliance margin, without sunset, for the HHD and MHD emission standards. EPA increases the old useful life (UL) periods in one phase, pulling ahead from MY 2031 to MY 2027 CARB’s second, more stringent phase of UL periods for MHD, LHD and HD gasoline trucks; but, for HHD trucks, EPA’s MY 2027 650,000-mile UL period, while slightly higher than CARB’s MY 2027 600,000-mile UL period, stays flat at 650,000 miles, never increasing to 800,000 miles as CARB’s does for HHD trucks beginning with MY 2031. EPA also increases emission warranty periods in a similar way relative to CARB’s, but for HHD trucks the warranty period is the same as CARB’s in 2027, at 450,000 miles, never increasing to CARB’s second phase (MY 2031) warranty period of 600,000 miles. In addition to the new numeric NOx emission standards and UL and warranty provisions, EPA also includes in the final rule provisions related to in-use test procedures and compliance, allowances, exceptions and credits. These provisions may have an impact on the overall effectiveness of the numeric standards and on real-world emission reductions. According to the 1,150-page pre-publication version of the action the final rule is effective 60 days after the date of publication in the Federal Register. In announcing the final rule, Administrator Regan stated, “EPA is taking significant action to protect public health, especially the health of 72 million people living near truck freight routes in America, including our most vulnerable populations in historically overburdened communities. But we’re not stopping there. This is just the first action under EPA’s Clean Trucks Plan to pave the way toward a zero-emission future. These rigorous standards, coupled with historic investments from the Inflation Reduction Act and the Bipartisan Infrastructure Law, will accelerate President Biden’s ambitious agenda to overhaul the nation’s trucking fleet, deliver cleaner air, and protect people and the planet.” The Clean Trucks Plan also includes new HD greenhouse gas (GHG) emission standards for MYs 2027 to 2030+ in a rule that builds on the incentives and support of the Inflation Reduction Act. EPA intends to propose the HD GHG rule in March 2023 and finalize it in December 2023. In a statement to the press, Miles Keogh, NACAA’s executive director, said “The National Association of Clean Air Agencies (NACAA) commends EPA for taking final action on a federal rule to reduce nitrogen oxide (NOx) emissions from heavy-duty trucks and for doing so in time for the standards to take effect with the 2027 model year. Most areas of the country that are facing nonattainment of the NAAQS have few remaining options for reducing emissions locally, especially in overburdened environmental justice communities, and are relying on this and other federal actions to meet their clean air goals. EPA last set heavy-duty truck NOx standards over 20 years ago. Since then, technological capacity and expertise have flourished, making it feasible and cost effective to meet emission standards that are at least 90 percent cleaner. NACAA notes, however, that the final numeric NOx emission standards set by EPA are less protective than that achievable reduction. The rule also includes revised useful life and warranty periods as well as numerous provisions related to in-use test procedures, allowances, exceptions and credits, and these details may have an impact on the overall effectiveness of the numeric standards and on real-world emission reductions. NACAA looks forward to engaging to better understand the implications of this rule, and to continued work together with EPA to reduce emissions and protect public health.”
For further information:
and
The U.S. Senate has passed a $1.7 trillion budget for the U.S. Government for Fiscal Year (FY) 2023 that now faces a vote in the U.S. House of Representatives that must pass before midnight on December 23, 2022 to avert a government shutdown. The bill, “The Consolidated Appropriations Act of 2023” (H.R. 2617) includes an overall EPA budget of $10.1 billion, if enacted – a $576 million increase – as well as a $574 million increase for the Interior Department, and a $1.8 billion hike for the Department of Energy. Included in the increased EPA budget is $249,038,000 for state and local grants under Sections 103 and 105 of the Clean Air Act, an increase of $17,647,000 from the last enacted amount of $231.8 million for these grants, but roughly $73 million less than the president’s budget and less than half of the $500 million that NACAA recommended to Congress (for related information, please see the November 5-11, 2022 edition of the NACAA Washington Update). In the Senate-passed Omnibus Appropriations bill, the Diesel Emissions Reduction (DERA) program and Targeted Airshed grants would each get an additional $8 million, to $100 million for DERA and to $70 million for the targeted airshed grants (see pg. 265 of the subcommittee report). Also, the bill includes $7 million for state and local clean air agency wildfire smoke preparedness. Additionally, the Omnibus Appropriation bill passed by the Senate includes language that PM monitoring will be funded under Section 103, per NACAA’s recommendation, avoiding the requirement for agencies to provide matching funds. The Senate bill would continue to fund the Federal Government until September 30, 2023. Both the U.S. House of Representatives and the U.S. Senate passed a one week continuing resolution last on December 16, 2022 that would keep the government funded until midnight on Friday, December 23, 2022, and the Senate’s FY 2023 Omnibus language includes an additional extension of the continuing resolution to December 30, 2022 to allow for time for the President to sign the bill into law, should the House approve a bill with analogous language by midnight on December 23, 2022.
For further information:
Interior and Environment Subcommittee breakout: https://www.appropriations.senate.gov/imo/media/doc/Division%20G%20-%20Interior%20Statement%20FY23.pdf
Senate-enrolled Omnibus Appropriations language: https://www.appropriations.senate.gov/imo/media/doc/JRQ121922.PDF
EPA has issued two documents that articulate permitting principles that relate to the effective incorporation of environmental justice and civil rights considerations in clean air permits. They include a memorandum from the Principal Deputy Assistant Administrator leading EPA’s Office of Air and Radiation, Joe Goffman, with context about the principles, and a policy guidance document with the principles themselves. The guidance is intended to provide a framework of principles and practices to assist each EPA region to promote environmental justice and equity through air permitting programs using existing clean air act authorities and discretion, federal civil rights laws, as well as other federal and state laws that may help to mitigate potential adverse and disproportionate effects of a permitting action. The document includes the following 8 principles:
- Identify communities with potential environmental justice concerns (especially using EJScreen)
- Engage early in the permitting process to promote meaningful participation and fair treatment
- Enhance public involvement throughout the permitting process (through multiple communication methods)
- Conduct a “fit for purpose” environmental justice analysis
- Minimize and mitigate disproportionately high and adverse effects associated with the permit action to promote fair treatment
- Provide federal support throughout the air permitting process
- Enhance transparency throughout the air permitting process (by documenting and addressing concerns)
- Build capacity to enhance the consideration of environmental justice in the air permitting process (including co-regulators, communities and stakeholders).
EPA said the policy guidance is a final action and thus not subject to notice and comment rulemaking, and because it is non-binding it is non-justiciable.
For further information:
https://www.4cleanair.org/wp-content/uploads/EJ-in-Air-Permitting-Memo.pdf
and
https://www.4cleanair.org/wp-content/uploads/Attachment-EJ-in-Air-Permitting-Principles-.pdf
EPA has released data updates for 2019 to its Air Toxics Screening Assessment (AirToxScreen) tool, following on from the addition of 2017 and 2018 data in the past year. AirToxScreen is a web based tool that maps air toxics in the United States, and is intended to be used as a screening tool for state, local and tribal air agencies to understand outdoor air quality with respect to these emissions. AirToxScreen estimates the cancer risks from air toxics and estimates noncancer health effects for other pollutants, and displays concentrations and risks at the census tract level. The 2019 AirToxScreen data update used the 2017 National Emissions Inventory (NEI) as a starting point, and updated its data up to 2019 based on comments provided by state, local and tribal agencies.
For further information:
https://www.epa.gov/AirToxScreen/2019-airtoxscreen-assessment-results
Oregon and Washington have approved plans to transition vehicles in their states to meet zero-emission standards by 2035. The Oregon Environmental Quality Commission voted to require all new cars, trucks and SUVs sold in the state to meet zero-emission standards, while the Washington Department of Ecology updated its Clean Vehicles Program to require all new, light-duty vehicles sold in the state to meet zero emissions by that year. These states join a number of other states that are adopting California’s zero-emission vehicles policies. (The Clean Air Act allows California to establish emissions standards that are stricter than national standards and other states, under Section 177 of the Act, to adopt California’s but not set their own.) Washington State adopted Heavy-Duty Engine and Vehicle Omnibus rules and associated amendments. Starting in model year 2026, these rules require that new internal combustion engines for heavy-duty vehicles have 90 percent lower emissions of NOx, as well as reductions in PM, and greenhouse gases (GHGs). Oregon adopted this rule in October 2022. Oregon and Washington both adopted California’s Advanced Clean Cars II rule, which will increase the percentage of passenger cars, light duty trucks, and medium duty vehicles sold in these states that are zero-emission vehicles (ZEVs). The sales mandate would take effect in model year 2026 and begin by requiring 35% of new passenger vehicles sales to be zero-emission vehicles. That percent will increase 6-9% per year until zero-emission vehicles make up 100% of new sales starting in model year 2035. It will also require light and medium duty vehicles to meet stronger emission standards.
For further information:
https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=76539
https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC173-423-400Jan18
New York’s state government has adopted a plan to implement the reductions called for under the state’s July 18, 2019 Climate Leadership and Community Protection Act. The plan, called the “Climate Scoping Plan” passed in a 19-3 vote in the New York State Climate Action Council. The measures outlined in the plan are guidelines, rather than regulations, and must be submitted to the governor and the state legislature by January 1, 2023 to begin implementation. The plan includes recommendations aimed at slashing greenhouse gas emissions, electrifying transportation, and achieving carbon neutrality by 2050. It also requires disadvantaged communities to receive a minimum of 35 percent of benefits from clean energy and energy efficiency programs. Among its targets are the use of 70 percent renewable energy resources by 2030 and a zero-emission electricity sector by 2040, as well as a 40 percent reduction in statewide emissions from 1990 levels by 2030 and an 85 percent decrease by 2050. Accelerated energy efficiency and electrification mechanisms could transition between 1 million and 2 million homes to clean heating and cooling options, such as heat pumps, by 2030, according to the road map. It also calls for the state to scale up to have 3 million zero-emission vehicles on the roads by 2030.
For further information:
One of the largest U.S. manufacturers of per- and polyfluoroalkyl substances (PFAS) said it will stop manufacturing these chemicals and work to discontinue their use across its product line by the end of 2025. Minnesota-based 3M said its decision to stop making and using products that contain PFAS was based on multiple factors in an evolving landscape, including “accelerating regulatory trends” focused on reducing the chemicals’ presence in the environment and changing stakeholder expectations. EPA has begun setting nonbinding drinking water advisories for some PFAS chemicals and has also proposed treating them as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The company also faces lawsuits over PFAS in Massachusetts, Philadelphia, and North and South Carolina, and settled a suit in 2018 with Minnesota for $850 million over PFAS.
For further information:
https://news.3m.com/2022-12-20-3M-to-Exit-PFAS-Manufacturing-by-the-End-of-2025
In a new proposal, “Adoption and Submittal of State Plans for Designated Facilities”, EPA has issued proposed updates to EPA’s regulations governing the timelines and other requirements for state plans to limit pollution from existing sources under section 111(d) of the Clean Air Act. The regulations, known as the “Implementing Regulations,” apply to states that must submit plans for existing sources of pollution covered by Emissions Guidelines and to eligible Tribal Nations that choose to develop their own plans. The rule revises state plan timing requirements, including the allowed time for states to submit plans (15 months unless otherwise specified) and for EPA to review them (60 days), for states to establish “increments of progress,” and for EPA to issue a federal plan if a state does not submit a plan that is approvable (12 months). The rule also adds mechanisms that are intended to make state plan submission, review, approval and implementation more flexible and efficient, such as parallel processing, and partial approval and disapproval. It also articulates guidance on when states can apply a less-stringent standard to a facility or class of facilities. The rule articulates that states and EPA must conduct meaningful engagement and requires states to submit plans electronically. EPA will take public comment on the proposed updates through February 27, 2023.
For further information:
In an action related to its Miscellaneous Organic NESHAPS rule titled “Reconsideration of the 2020 NESHAP for Miscellaneous Organic Chemical Manufacturing (MON) – Final”, EPA has finalized its decision reaffirming the use of EPA’s more protective, peer-reviewed, risk value for ethylene oxide (EtO), and rejecting the use of Texas Commission on Environmental Quality’s (TCEQ) less protective value, when assessing risks from EtO in the Miscellaneous Organic Chemical Manufacturing source category (2020 MON), finalized on August 12, 2020. EPA said it will continue to rely on the agency’s 2016 peer-reviewed value to represent the toxicity of ethylene oxide – a potent air toxic — when assessing inhalation risk from the manufacture of miscellaneous specialty organic chemicals in the 2020 MON final rule. EPA’s peer-reviewed value showed that ethylene oxide was significantly more toxic than previously understood. The agency said it took this final action because the 2016 ethylene oxide Integrated Risk Information System (IRIS) assessment “remains the best available science”. In addition, EPA is declining to use the TCEQ inhalation risk value for ethylene oxide instead of the EPA’s 2016 value. On February 6, 2020, during the public comment period on the 2020 MON, NACAA submitted comments expressing support for continued reliance on the IRIS values for EtO and raising concerns with features of the TCEQ draft.
For further information:
and
https://www.4cleanair.org/sites/default/files/Documents/MON-NACAA_Comments_2-6-20.pdf
Global coal use continues to increase and will hit a record high this year, according to a report from the International Energy Agency (IEA). The IEA report, “Coal 2022” estimates that energy market disruptions caused by Russia’s invasion of Ukraine in February 2022 had increase gas and oil prices, making coal more attractive as an energy resource and driving a 1.2 percent increase in its use from the previous annual peak. IEA said the war had “sharply altered the dynamics of coal trade, price levels, and supply and demand patterns in 2022” and estimated that coal use would surpass 8 billion metric tons for the first time. “This has prompted a wave of fuel switching away from gas, pushing up demand for more price competitive options, including coal in some regions,” it added.
For further information:
Changing course from previous statements, the U.S. Postal Service has announced that would plan to buy mostly electric vehicles (EVs) under a new $9.6 billion delivery vehicle procurement plan. This followed sustained criticism from states, environmental groups and lawmakers over previous plans to depend on gasoline-powered vehicles. In its announcement, the Postal Service said it would procure at least 66,000 battery electric vehicles by 2028 as part of a 108,000-vehicle acquisition plan, the first step in replacing its 220,000-vehicle delivery fleet. The Postal Service intends that all delivery vehicles acquired from 2026 onward will be EVs, it said, although existing delivery vehicles may be used for years to come. It will also explore the possibility of eventually achieving “100% electrification” of its delivery vehicle fleet.
For further information:
EPA has proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Lime Manufacturing Plants pursuant to the Clean Air Act (CAA), sections 112(d)(2) and (3). This action addresses previously unregulated pollutants emitted by the source category. The amendments are EPA’s response to one remand issued by the D.C. Circuit Court in Louisiana Environmental Action Network v. EPA in 2020 (U.S. Court for the DC Circuit, Case No. 17-1257). This action proposes maximum achievable control technology (MACT) standards for four pollutants: hydrogen chloride (HCl), mercury, total hydrocarbon (THC) as a surrogate for organic HAP (o-HAP), and dioxin/furans (D/F). EPA estimates the proposed amendments would have a total annual cost to industry of approximately $32 million per year and reduce total HAP emissions from the lime manufacturing source category by approximately 1,720 tons per year. EPA is proposing, based on the proposed MACT standards for new and existing sources in the lime manufacturing source category, that new sources demonstrate initial compliance within 180 days after start-up, and existing sources demonstrate initial compliance within 3 years after the promulgation of the final rule. Comments will be due 45 days from the date of publication of the rule in the Federal Register.
For further information:
NACAA State Co-President Tracy Babbidge (Connecticut) has appointed Angela Marconi, Division of Air Quality Director for the Delaware Department of Natural Resources and Environmental Control (DNREC), to be the State Co-Chair of the NACAA Emissions and Modeling Committee. Recently elected to be NACAA’s Region 3 representative to its State Board of Directors, Angela joins Brian Rivera (Knox County, TN) who is the Committee’s Local Co-Chair, and takes over for Gail Good (Wisconsin), who has taken another Committee Co-Chair role. An environmental engineer and program manager, Marconi has led the air agency in Delaware since 2021 and worked in various roles at DNREC including air quality permitting, compliance and enforcement work. Before coming to DNREC in 2015, Marconi worked in engineering positions with Cabe Associates and the Delaware Solid Waste Authority (DSWA). She holds a master’s degree in civil engineering from the University of Delaware with a concentration in environmental engineering. We are so excited to work with, and learn from, Angela!