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April 8-14, 2023
In this week's issue:
- Administration Announces Multi-Pollutant Emission Standards for Light- and Medium-Duty Cars (April 12, 2023)
- Second Administration Proposal Would Set “Phase 3” Standards to Reduce GHG Emissions from Heavy-Duty Trucks (April 12, 2023)
- EPA Proposes Standards for Ethylene Oxide from Commercial Sterilization and Adds Worker Protections, Revealing Significant Risk Results (April 13, 2023)
- Congressman Introduces Joint Resolution Under Congressional Review Act to Reverse EPA’s Final Heavy-Duty Truck NOx Rule (April 6, 2023)
- Two Studies Show Rapid Sea Level Rise And Damages Already Occurring Along Gulf and Southeast US Coasts (April 10, 2023)
This Week in Review
![](https://www.4cleanair.org/wp-content/uploads/US-Supreme-Court-1-492x328.jpeg)
EPA Administrator Michael S. Regan announced a proposed rule, titled “Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles,” to establish new greenhouse gas (GHG), nitrogen oxide (NOx), hydrocarbon and particulate matter (PM) emission standards for MY 2027 through 2032 light- and medium-duty vehicles. The proposal applies to new cars, SUVs, vans, light trucks and medium-duty vans and trucks. With respect to GHGs, EPA proposes footprint-based standards for light-duty vehicles (LDVs) that would increase in stringency year over year from MY 2027 through MY 2032 and are projected to result in an industry-wide average fleet target of 82 grams per mile (g/mile) of CO2 in 2032, which represents a 56-percent reduction from MY 2026 standards. For medium-duty vehicles (MDVs), EPA proposes to revise the existing MY 2027 CO2 standard and put in place MY 2027 though 2032 standards that would also increase year over year and are projected to result in an average target of 275 g/mile by MY 2032 representing a 44-percent reduction from the MY 2026 standards. The proposed MDV standards are based on a work-factor metric designed for commercially oriented vehicles, which reflects a combination of payload, towing and 4-wheel drive equipment. With respect to criteria pollutants, EPA’s proposes LDV standards for nonmethane organic gas (NMOG) plus NOx to be phased down to a fleet average level of 12 milligrams per mile (mg/mile) by MY 2032, which represents a 60-percent reduction from the existing MY 2025 30-mg/mile standard set in 2014 by the “Tier 3” vehicle rule. For MDVs, EPA proposes NMOG+NOx standards based on a fleet average level of 60 mg/mile by MY 2032, which is a 66- to 76-percent reduction from the Tier 3 standards of 178 mg/mile for Class 2b vehicles and 247 mg/mile for Class 3 vehicles. EPA also proposes cold-temperature (-7°C) NMOG+NOx standards for LDVs and MDVs. For PM, EPA proposes a 0.5-mg/mile standard for LDVs and MDVs, to be met across three test cycles including a cold-temperature test, which EPA projects will reduce tailpipe PM emissions from internal combustion engine (ICE) vehicles by more than 95 percent. These proposed standards will reduce emissions of mobile source air toxics as well. EPA’s proposed standards are performance based and do not mandate the use of a specific technology. Instead, each manufacturer may choose what mix of emission control technologies is best suited for its fleet to meet the standards. EPA projects that one possible pathway toward meeting the proposed standards would include the following: nearly 70 percent battery electric vehicle (BEV) penetration in MY 2032 across the combined light-duty passenger car, crossover/SUV and pickup truck categories; around 40 percent BEV penetration in MY 2032 across the combined medium-duty car and pickup truck categories; widespread use of gasoline particulate filters to reduce PM emissions; and technology improvements to reduce CO2 from conventional gasoline (internal combustion engine) vehicles. The agency notes that manufacturers may also opt to use hybrid or plug-in hybrid technologies to help achieve the proposed standards. The proposed program also includes changes to certain optional credit programs; durability provisions for light-duty electrified vehicle batteries; warranty provisions for both electrified vehicles and diesel engine-equipped vehicles; off-cycle and air conditioning credits; the treatment of upstream emissions associated with ZEVs and plug-in hybrid electric vehicles in compliance calculations; MDV incentive multipliers; and vehicle certification and compliance. In addition to the proposed program for LDVs and MDVs, EPA is seeking comment on three alternatives: Alternative 1 is more stringent than the proposal across the MY 2027 through MY 2032 time period and Alternative 2 is less stringent. The proposed approach and Alternatives 1 and 2 all have a similar proportional ramp rate of year-over-year stringency, which includes a higher rate of stringency increase in the earlier years (MYs 2027 through 2029) than in the later years. Alternative 3 achieves the same stringency as the proposed approach in MY 2032 but provides for a more consistent rate of stringency increase for MYs 2027 through 2031. EPA also seeks comment on whether the standards should continue to increase in stringency for future years, such as through MY 2035, and on various potential future gasoline fuel property standards that would further reduce PM emissions. EPA will accept public comment on the 758-page proposed multi-pollutant light- and medium-duty car rule for 60 days following publication of the proposal in the Federal Register. A virtual public hearing will be held on May 9-10 (and possibly May 11). Preregistration by May 2 is requested. Email EPA-LD-hearings@epa.gov to receive a registration form.
For further information:
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In tandem with EPA’s proposed multi-pollutant car rule (see related article above) Administrator Michael S. Regan announced a proposed rule, titled “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3.” Under the “Phase 3” truck rule, EPA would establish new greenhouse gas (GHG) emission standards for heavy-duty (HD) vehicles and engines sold between model years (MYs) 2028 and 2032, building on the “Phase 2” truck GHG standards set in 2016 for MYs 2021 through 2027, and revise certain existing GHG standards for MY 2027 established under the Phase 2 rule to make them more rigorous. (The proposed truck rule does not include emission standards for any criteria pollutants or precursors.) In its proposed approach, EPA sets progressively more stringent new CO2 emission standards for MY 2028 through 2032 vocational vehicles and short-haul (day cab) tractors and for MY 2030 through 2032 long-haul (sleeper cab) trailers, which represent the greatest amount of GHG emissions. The proposed standards are performance based and do not mandate the use of a specific technology. Instead, each manufacturer may choose what mix of emission control technologies is best suited for its fleet to meet the standards. EPA projects that one possible pathway toward meeting the proposed standards would include penetration of zero emission vehicles (ZEVs) at the following rates: 50 percent ZEVs for vocational vehicles in MY 2032 (which includes the use of battery electric and fuel cell technologies); 34 percent ZEVs for short-haul tractors in MY 2032 (which includes the use of battery electric and fuel cell technologies); and 25 percent ZEVs for long-haul tractors (which primarily includes the use of fuel cell technologies). EPA also seeks comment on a number of alternative CO2 emission standards scenarios: one under which the standards would increase in stringency more gradually between MYs 2027 and 2032 and others that set emission standards at varying levels of stringency greater and less than the proposed approach, including one with standards reflecting the levels of ZEV adoption under California’s Advanced Clean Trucks (ACT) Regulation and another reflecting levels of ZEV adoption beyond those under ACT. Additionally, EPA requests comment on adopting progressively more stringent standards through MY 2035. The Phase 3 proposal further includes provisions to eliminate the last model year (MY 2027) of advanced technology incentives for certain electric highway HD vehicles, initially established under the Phase 2 rule; add warranty requirements for batteries and other components of ZEVs; require customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles; revise and clarify certain existing highway HD requirements (under 40 CFR 1037) and certain HD engine test procedures (under 40 CFR 1036 and 1065). Additionally, EPA proposes “to revise its [1998] regulations addressing preemption of state regulation of new locomotives and new engines used in locomotives, to more closely align with language in the Clean Air Act.” EPA will accept public comment on the 717-page proposed Phase 3 HD truck GHG rule for 50 days following publication of the proposal in the Federal Register. A virtual public hearing will be held on May 2-3 (and possibly May 4). Preregistration by April 26 is requested. Email EPA-HD-hearings@epa.gov to receive a registration form.
For further information:
https://www.epa.gov/system/files/documents/2023-04/hd-ghg-veh-phase-3-nprm-2023-04.pdf
and
https://www.epa.gov/system/files/documents/2023-04/hd-phase3-public-hearing-notice-2023-04.pdf
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EPA has proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Commercial Sterilizers designed to reduce emissions of ethylene oxide (EtO) and has proposed worker protections, based on new, significantly higher risk estimates (88 Fed.Reg. 22790 and 22447). According to EPA, the updated NESHAP would reduce emissions of EtO by 80 percent from commercial sterilizers, of which there are 86 currently around the country and two others under construction. Among the provisions proposed in the NESHAP are: standards for sterilization chamber vents, aeration room vents, chamber exhaust vents and room air (i.e., fugitive) emissions; continuous air pollution monitoring of the facility; performance testing for key components of the process; compliance with the new standards within 18 months of the final rule; and removal of exemptions for start-up, shutdown and malfunction. In a companion measure, EPA issued a Proposed Interim Decision (PID) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) intended to reduce risk for workers using EtO for sterilization and those living or working near sterilization facilities. EPA has conducted a new risk assessment related to EtO in occupational setting, which was the basis for the PID, revealing significantly greater risk estimates. According to the agency’s new estimates, the additional life-time cancer risk associated with continuous workplace exposure to EtO for eight hours a day, for 240 days annually, over 35 years in an occupational setting is between 1 in 36 and 1 in 10 for workers who apply EtO in sterilization facilities and between 1 in 25 and 1 in 12 for workers who apply EtO in healthcare facilities. The PID calls for prohibiting certain uses of EtO where alternatives exist, reducing the amount of EtO used for medical sterilization, making engineering changes (e.g., automation or emissions capture technology) and employing personal protective equipment for certain tasks. The public comment deadline for both measures is June 12, 2023. EPA will hold a public webinar on May 1, 2023, at 8:00 pm (Eastern Time) to discuss the proposals and risk assessment and virtual public hearings on May 2-3, 2023 on the proposed NESHAP.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/2023-06676.pdf
and
https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/2023-07727.pdf
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Rep. Troy Nehls (R-TX) introduced a joint resolution under the Congressional Review Act (CRA) to disapprove EPA’s final heavy-duty truck NOx rule, which was published in the Federal Register on January 24, 2023 (88 Fed. Reg. 4,296) and took effect on March 27, 2023. Under the CRA, Congress can reverse rules promulgated by the Executive Branch if a majority of Representatives and a majority of Senators vote in favor of a joint resolution and the President signs the action. Rep. Nehls’ H.J. Res. 53, “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to ‘Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards,’” is identical to S.J. Res. 11, introduced in the Senate by Senator Deb Fischer (R-NE) on February 9, 2023.
For further information:
https://www.congress.gov/118/bills/hjres53/BILLS-118hjres53ih.pdf,
and
https://www.congress.gov/bill/118th-congress/senate-joint-resolution/11/text
A study published in the journal Nature Communications that was conducted by Tulane University has found that sea level rise along the nation’s Southeast and Gulf coasts has dramatically increased since 2010, by 0.4 inches per year – a rate “unprecedented in at least 120 years.” In this study, titled “Acceleration of U.S. Southeast and Gulf coast sea-level rise amplified by internal climate variability”, the Tulane researchers “found that the acceleration is a widespread signal that extends from the coasts of the Gulf of Mexico up to Cape Hatteras in North Carolina and into the North Atlantic Ocean and Caribbean Seas, which is indicative for changes in the ocean’s density and circulation.” They said that changing wind patterns played a role, but another significant factor is the warming of the ocean waters, which expand as ocean temperatures increase causing higher sea levels. A second study conducted by the University of Arizona and published in the American Meteorological Society’s Journal of Climate asserts that hurricanes Michael in 2018 and Ian in 2022 were made measurably more damaging by sea level rise. That study references tide gauge data from the National Oceanic and Atmospheric Administration showing that sea level at Lake Pontchartrain in New Orleans has risen eight inches since that city was devastated during flooding caused by Hurricane Katrina in 2006. The study, “Rapid Decadal Acceleration of Sea Level Rise along the U.S. East and Gulf Coasts during 2010-2022 and Its Impact on Hurricane-Induced Storm Surge”, found that a 10 mm per year compounding annual seal level increase interacted with record-breaking North Atlantic hurricane seasons in recent years. “As a consequence, the elevated storm surge exacerbated coastal flooding and damages particularly on the Gulf Coast”, the study concluded.
For further information:
https://www.nature.com/articles/s41467-023-37649-9
and
https://journals.ametsoc.org/view/journals/clim/aop/JCLI-D-22-0670.1/JCLI-D-22-0670.1.xml
and
https://tidesandcurrents.noaa.gov/sltrends/sltrends_station.shtml?id=8761927