![](https://www.4cleanair.org/wp-content/uploads/2021/01/nacaa-internal-banner-1024x210.jpeg)
December 31, 2022 – January 6, 2023
In this week's issue:
- EPA Proposes to Revise Primary Annual PM2.5 NAAQS, Retain 24-Hour NAAQS Without Revision (January 6, 2023)
- White House Issues New Regulatory Agenda (January 4, 2023)
- EPA Publishes Air Toxics Proposal for Lime Manufacturing (January 5, 2023)
- White House Issues Updated Guidance on Analysis of Climate Impacts in NEPA Reviews (January 6, 2023)
- EPA Publishes Proposed RFS “Set” Rule for Public Comment (December 30, 2022)
- EPA Solicits Nominations for National Environmental Justice Advisory Council (December 27, 2022)
This Week in Review
![](https://www.4cleanair.org/wp-content/uploads/Lincoln-Memorial-1-510x328.jpeg)
Administrator Michael S. Regan announced a proposed rule to revise the particulate matter (PM) National Ambient Air Quality Standards (NAAQS) based on the agency’s 2021-2022 reconsideration of a December 18, 2020, EPA decision to retain without revision the existing PM NAAQS. The agency proposes to revise the current 12-micrograms-per-cubic-meter (µg/m3) primary annual PM2.5 standard to a level within the range of 9-10 µg/m3 and is seeking comment on an annual standard as low as 8 µg/m3 and as high as 11 µg/m3. For the primary 24-hour PM2.5 standard, EPA proposes to retain the current 35-µg/m3 standard without revision and is seeking comment on lowering the short-term standard to as low as 25 µg/m3. The agency further proposes to retain without revision the secondary annual and 24-hour PM2.5 standards and the primary and secondary PM10 standards; EPA seeks comment on revising the level of the secondary 24-hour PM2.5 standard to as low as 25 µg/m3. EPA also includes several proposed modifications to technical monitoring requirements and the monitoring network such as modifying the PM2.5 network design criteria to require monitoring in “at-risk communities.” In particular, EPA proposes, “For areas with additional required SLAMS, a monitoring station is to be sited in an at-risk community where there are anticipated effects from sources in the area (for example: a major port, rail yard, airport, or industrial area.).” EPA states that this proposed network design change would not add a requirement for new monitors but, rather, utilize existing sites and ensure at-risk communities are considered if sites need to move. EPA also proposes updates to the Air Quality Index for PM2.5. Although the proposal does not address area designations the package includes maps identifying which areas would violate a 10-µg/m3 primary annual standard and a 9-µg/m3 primary annual standard based on current data, as well as maps depicting the impact of other standards scenarios EPA considered. EPA believes a vast majority of areas will be in attainment of the proposed range of standards based on current data and that forthcoming federal rules, as well as investments made with funding under the Inflation Reduction Act and Bipartisan Infrastructure Law, will allow many areas to attain a revised standard. In terms of annual benefits and costs, in 2032 under a 10-µg/m3 annual standard EPA estimates 1,700 avoided premature deaths, 110,000 avoided lost workdays, $17 billion in net benefits and $95 million in costs. In 2032 under a 9-µg/m3 annual standard EPA estimates 4,200 avoided premature deaths, 270,000 avoided lost workdays, $43 billion in net benefits and $395 million in costs. Once the proposal is published in the Federal Register there will be a 60-day public comment period, including a public hearing. A press release announcing the proposal states, “EPA will work closely with state, local, and Tribal air agencies to implement the revised primary annual PM2.5 standard when finalized.” The agency anticipates finalizing a PM NAAQS rule by early 2024.
For further information: https://www.epa.gov/pm-pollution/proposed-decision-reconsideration-national-ambient-air-quality-standards-particulate
The White House Office of Management and Budget (OMB) issued its Fall 2022 Agenda of Regulatory and Deregulatory Actions on January 4, 2023. The latest regulatory agenda includes 2,651 rule changes in various states of action and consideration by the Federal Government, including 212 from EPA that are related to clean air agencies’ work. The White House said the Fall 2022 Regulatory Agenda “advances the Administration’s ambitious climate and clean energy agenda with ongoing efforts to promote clean air and clean water, improve energy security and efficiency, and help mitigate the dangers of climate change.” The last regulatory agenda was released in June 2022. The planned dates for the issuance and finalization of several EPA rules have been pushed back since the previous regulatory agenda, including a one month delay (to April 2023) for proposals for greenhouse gas (GHG) emissions from new and existing power plants; final methane rules, and reconsideration of National Ambient Air Quality Standards for PM 2.5 and ozone. Also included in the regulatory agenda are GHG emissions standards for heavy-duty engines and vehicles (Phase 3), with a notice of proposed rulemaking (NPRM) expected in March 2023; NESHAPS for Ethylene Oxide from commercial sterilization and fumigation, whose NPRM is expected in March 2023; revisions to Minor New Source Review (NSR) Program Requirements for State Implementation Plans, with an NPRM date of October 2023; and updates to the Air Emission Reporting Requirements (AERR) with an NPRM expected in May 2023. Also on EPA’s list are plans to publish an advance notice of proposed rulemaking in February 2023 seeking input on future regulations addressing certain PFAS chemicals under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), according to the agenda. In addition, the Securities and Exchange Commission intends to delay its issuance of climate disclosure regulations for the financial sector by six months, to April 2023; and the Government Services Administration, which procures federal property, logistics, and services, has also delayed its proposed rule aimed at reducing emissions from federal buildings. In December 2022, the U.S. Senate confirmed Richard Revesz, a lawyer who specializes in regulation and climate change, to lead the regulatory review office at OMB, interpreted as a signal that the Administration’s climate-related rules and actions will have high priority in being finalized.
For further information: https://www.whitehouse.gov/omb/briefing-room/2023/01/04/2022-unified-regulatory-agenda-and-regulatory-plan/
EPA has published in the Federal Register 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) (88 Fed. Reg. 805). The deadline for public comment on the proposal has been set for February 21, 2023. The proposal, announced on December 20, 2022, addresses previously unregulated pollutants emitted by the source category and is 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). The 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). There are 35 major sources likely to be affected by the rule.
For further information: https://www.govinfo.gov/content/pkg/FR-2023-01-05/pdf/2022-27994.pdf
The White House Council on Environmental Quality (CEQ) released a major guidance document to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects when evaluating proposed major federal actions under the National Environmental Policy Act (NEPA). NEPA requires federal agencies to prepare detailed analyses (Environmental Impact Statements or Environmental Assessments) of the environmental effects of proposed major federal actions, such as the permitting of large infrastructure projects. The updated Guidance on Consideration of Greenhouse Gas Emissions and Climate Change, which was developed pursuant to Executive Order 13990 on Protecting Public Health and the Environmental and Restoring Science to Tackle the Climate Crisis, replaces 2016 guidance that was withdrawn by the previous Administration. The guidance explains how agencies should apply NEPA principles and existing best practices to the climate change analyses. It directs agencies to quantify GHG emissions from proposed actions, including both direct and indirect emissions, as well as those of reasonable alternatives and the no-action alternative. It also recommends best practices for communicating and providing context for climate impacts, including through use of the best available Social Cost of GHG (SC-GHG) estimates to translate climate impacts into dollar amounts. CEQ recommends that agencies mitigate GHG emissions to the greatest extent possible. It also directs agencies to incorporate environmental justice considerations into their reviews. The updated guidance is being released in interim form for immediate use by federal agencies while CEQ seeks public comment on the document. It is scheduled to be published in the Federal Register on Monday, January 9, at which point it will be open to public comment for 60 days. CEQ then intends to either revise the guidance in response to the comments or finalize it in its current form.
For further information: https://www.whitehouse.gov/ceq/news-updates/2023/01/06/biden-harris-administration-releases-new-guidance-to-disclose-climate-impacts-in-environmental-reviews/ and https://public-inspection.federalregister.gov/2023-00158.pdf
EPA published in the Federal Register (87 Fed. Reg. 80,582) its proposal for setting biofuel volumes under the Renewable Fuel Standard (RFS) program. In the proposed RFS “Set” Rule, EPA requests public comment on volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuel as well as on how to balance factors identified in the Energy Independence and Security Act of 2007, such as costs, air quality, climate change, implementation of the program thus far, energy security, infrastructure, commodity prices and water quality and supply. In addition, EPA seeks input on how the rule “can intersect with continued viability of domestic oil refining assets, including merchant refineries, how best to support novel fuels like sustainable aviation fuels and clean hydrogen, and how to account for the new and updated incentives of the Inflation Reduction Act.” EPA also includes in the proposal new regulations on the generation of qualifying renewable electricity from renewable biomass that is used as transportation fuel for electric vehicles and seeks comment on these new regulations which, for the first time, would link electricity generation from renewable biomass into the program. Comments on the proposal, first announced by EPA on December 1, 2022, are due by February 10, 2023. On December 13, 2022, EPA published a Federal Register notice (87 Fed. Reg. 76,194) announcing a virtual public hearing to be held on January 10, 2023; the deadline for registering to testify was January 3.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-12-30/pdf/2022-26499.pdf
and https://www.govinfo.gov/content/pkg/FR-2022-12-13/pdf/2022-26943.pdf
EPA announced in the Federal Register (87 Fed. Reg. 79,301) that it is inviting nominations for individuals to serve on its National Environmental Justice Advisory Council (NEJAC). NEJAC is a chartered federal advisory committee that provides independent advice and recommendations to the EPA Administrator about issues relating to environmental justice. It consists of 32 members representing academia, business and industry; community-based organizations; non-governmental and environmental organizations; state and local governments; and tribal governments and indigenous organizations. Members are appointed for one-, two- or three-year terms with the possibility of reappointment for another term. NEJAC usually convenes four to six times per year; generally, two of the meetings are face-to-face and the rest are virtual. Members are also asked to participate in work groups to address specific policy issues. EPA estimates the average workload for members to be approximately 20 to 25 hours per month, not including public meetings, with the expectation that members will take part in two or more workgroups. In this solicitation, EPA seeks to fill approximately ten new vacancies for terms through September 2024. Any interested persons or organizations my nominate individuals for membership; self-nominations are also welcome. EPA is particularly seeking nominees with knowledge in youth-led or youth-focused environmental organization; cumulative impacts; Title VI; environmental measures and tools; public health/health disparities; community sustainability and resilience; green jobs and green infrastructure; land use and equitable development; and emerging inclusion of sub-populations (e.g., unhoused individuals, veterans, and individuals in the criminal justice system). Nominees will also be evaluated based on their background and experience that would contribute to the diversity of perspectives on the committee; demonstrated experience with environmental justice and community sustainability issues; interpersonal and consensus-building skills; and ability and willingness to volunteer and commit time to attend meetings, participate in workgroups, attend listening sessions, develop policy recommendations and prepare reports and advice letters. Nominations must be submitted in electronic format following a template available on EPA’s website. They should be submitted in time to arrive by no later than March 17, 2023.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-12-27/pdf/2022-28078.pdf and https://www.epa.gov/environmentaljustice/nominations-nejac