July 22-28, 2023
In this week's issue:
- Senate Appropriations Committee Marks Up FY 2024 EPA Funding Bill (July 27, 2023)
- EPA Proposes Updates to Air Emissions Reporting Requirements to Include Air Toxics (July 25, 2023)
- EPA Publishes Supplemental Proposal for Primary Copper Smelters (July 24, 2023)
- House Committee Approves Three Bills Targeting Electric Vehicle Rules and CAA Provisions for Setting Vehicle Standards and Granting Waivers (July 27, 2023)
- Senate Committee Approves Bipartisan Bill to Reauthorize DERA (July 26, 2023)
- Automakers to Launch Joint Venture to Create “Leading” High-Powered North American Charging Network (July 26, 2023)
- EPA, DOE announce $700 Million Methane Reduction Grants for States, Others (July 24, 2023)
This Week in Review
The Senate Appropriations Committee marked up and approved legislation that includes EPA funding for FY 2024 by a vote of 28-0. It calls for $9.9 million for EPA funding, as compared to $10.13 in FY 2024 and $12.1 million in the Administration’s budget request, as well as $249 million for state and local air grants under Sections 103 and 105 (equal to FY 2023, but below the Administration request of $400 million). The Senate bill also called for the following: $100 million for DERA funding, $69.9 million for Targeted Airshed Grants and zero for Multipurpose Grants (all three of these amounts are equal to FY 2023 levels). It includes $9 million for Wildfire Smoke Preparedness Grants (compared to $7 million in FY 2023). As in recent years, the bill would require EPA to allocate state and local air grants as it did in FY 2015. During the mark-up of the bill, Senator John Hoeven (R-ND) raised and withdrew an amendment to prevent EPA from proceeding with the proposed Mercury and Air Toxics Standards (MATS). He dropped the amendment, noting that he planned to address the issue through the Congressional Review Act. The Senate bill does not include an extensive list of policy riders, as the House bill did. Senate floor action has not been scheduled. In the House, the Appropriations Committee approved a bill on July 19 calling for steep cuts to EPA’s budget, recommending $6.17 billion (as compared to $10.13 billion in FY 2023 and $12 billion requested by the Administration) and $231.4 million for state and local air grants (compared to $249 million in FY 2023 and $400.2 million in the Administration’s request).
For further information:
https://www.appropriations.senate.gov/imo/media/doc/fy24_interior_bill_text.pdf (Bill text — EPA begins on page 77)
and
https://www.appropriations.senate.gov/imo/media/doc/fy24_interior_bill_report.pdf (Report language — EPA begins on page 79, with detailed charts on page 204)
EPA has proposed updates to the Air Emissions Reporting Requirements (AERR) that include mandating the reporting of emissions of hazardous air pollutants (HAPs). EPA uses the AERR to collect data that serves as the basis for the National Emissions Inventory (NEI), which is used to develop regulations, carry out modeling and conduct risk assessments. The data is also used by state, local and tribal agencies and other federal programs. Under the AERR, states are required to collect data on air emissions and submit them to EPA. Currently, most states report HAP emissions, but it is not consistent across the nation. The proposal would call for many industries to report HAP emissions data and would let states report emissions on behalf of the sources. Additionally, the proposal would use the same emissions thresholds every year to determine if a facility’s information must be reported; require industry to report emissions for certain facilities in Indian country and federal waters that are currently not reported; provide flexibilities to small businesses, including allowing some to report total HAP emissions and exempting many collision repair shops; and provide EPA with information that would help it to better estimate emissions from prescribed fires. There will be a 70-day public comment period after the proposal is published in the Federal Register.
For further information:
https://www.epa.gov/air-emissions-inventories/air-emissions-reporting-requirements-aerr
EPA has published in the Federal Register a supplemental proposal for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Primary Copper Smelting source category (88 Fed. Reg. 47415). The agency will accept public comment until September 7, 2023. EPA had published proposed amendments to the NESHAP on January 11, 2022, reflecting the residual risk and technology review for major sources and the technology review for area sources. This supplemental proposal does not affect the area source category but completes the technology review for major sources and takes into consideration information EPA collected since the previous proposal was issued. EPA is now proposing additional standards for several hazardous air pollutants: benzene, toluene, hydrogen chloride, chlorine, polycyclic aromatic hydrocarbons, naphthalene and dioxin/furans. Additionally, EPA is revising some of the particulate matter standards (as a surrogate for hazardous air pollutant metals), revising some of the mercury standards and Including two options for particulate controls for a scrubber (one of which will be adopted into the rule).
For further information: https://www.govinfo.gov/content/pkg/FR-2023-07-24/pdf/2023-15303.pdf
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The House Energy and Commerce Committee approved three bills that, as described by Committee Chair Cathy McMorris Rodgers (R-WA), “will ensure we don’t hand our automotive. . .future to the Chinese Communist Party.” All three bills passed by party-line votes. H.R. 1435, the Preserving Choice in Vehicle Purchases Act, introduced by Rep, John Joyce (R-PA), would amend Section 209(b) of the Clean Air Act (CAA) by adding a fourth criteria to be met in order for EPA to grant a waiver of preemption for California motor vehicle standards: The standards may not “directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines, as such term is defined in section 63.9375 of title 40, Code of Federal Regulations, as in effect January 1, 2023.” The bill also stipulates that the EPA Administrator “may not determine that any State standards amended after the date of enactment of this paragraph are within the scope of a waiver granted under paragraph (1) before the date of enactment of this paragraph” and, further, that the Administrator shall revoke a waiver granted under CAA Section 209(b) from January 1, 2022, through the date of enactment of this Act if the Administrator finds that the waiver does not comply with subparagraph (D) of CAA Section 209(b)(1), as added by this Act. Two amendments to H.R. 1435 offered by Democratic members of the Committee failed by party-line votes: One sought to strike the section requiring the EPA Administrator to revoke existing waivers of preemption granted to California and the other sought to prevent the Act from taking effect until the EPA Administrator certifies that implementation will not undermine innovation in the domestic vehicle market. H.R. 4468, the Choice in Automobile Retail Sales Act, introduced by Rep. Tim Walberg (R-MI), would prohibit EPA from finalizing, implementing or enforcing the May 5, 2023, proposed rule, titled Multi-Pollutant Emissions Standards for Model Year 2027 and Later Light-Duty and Medium-Duty Vehicles. Further, the bill would amend CAA Section 202(a)(2) to bar any rule or rule revision issued under this section, as well as any rule or revision prescribed before the date of enactment of this bill, from 1) mandating the use of any specific technology or 2) resulting “in limited availability of new motor vehicles based on the type of new motor vehicle engine in such new motor vehicles.’’ Two amendments to H.R. 4486 offered by Democratic members of the Committee failed by party-line votes: One sought to prevent the Act from taking effect until the EPA Administrator certifies that implementation will not cause harm to the public health and the other sought to strike the “limited availability” language described above. Finally, H.R. 4469, the No Fuels Credits for Batteries Act, introduced by Rep. Greg Pence (R-IN), would “clarify that eRINs are not authorized for purposes of satisfying the volume of renewable fuel that needs to be contained in transportation fuel for purposes of the Renewable Fuel Program.”
For further information:
https://energycommerce.house.gov/events/full-committee-markup-of-six-bills
and
https://www.congress.gov/bill/118th-congress/house-bill/1435
and
https://www.congress.gov/bill/118th-congress/house-bill/4468
and
and
https://www.congress.gov/bill/118th-congress/house-bill/4469
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The Senate Environment and Public Works (EPW) Committee voted to advance S. 2195, the Diesel Emissions Reduction Act (DERA) of 2023. Introduced by EPW Chair Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) and co-sponsored by Senators Corey Booker (D-NJ) and John Barrasso (R-WY), the bill would reauthorize the DERA program, first established under the Energy Policy Act of 2005, through Fiscal Year (FY) 2029 at $100 million per year (the same as the current authorization level). DERA was last reauthorized under the Consolidated Appropriations Act of 2021 for up to $100 million annually through FY 2024.
For further information:
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Seven automakers announced a joint venture to “create an unprecedented new charging network. . .that will significantly expand access to high-powered charging in North America.” To ensure that drivers can charge “whenever and wherever they need,” BMW Group, General Motors, Honda, Hyundai, Kia, Mercedes-Benz Group and Stellantis NV aim to install at least 30,000 high-powered charge points in unban and highway locations. In a press statement, the companies say, “With a focus on delivering an elevated customer experience, the network will provide reliability, high-powered charging capability, digital integration, appealing locations, various amenities while charging, and use renewable energy.” The charging stations – the first of which are scheduled to open in summer 2024 – will be accessible to all battery-powered electric vehicles from any automaker using Combined Charging System (CCS) or North American Charging Standard (NACS) connectors. The stations are expected “to meet or exceed the spirit and requirements of the U.S. National Electric Vehicle Infrastructure (NEVI) program.” The automakers state, “With U.S. electric vehicle sales expected to exceed 50% of total U.S. sales by 2030, the expansion of reliable charging infrastructure will become even more critical to widespread electric vehicle adoption. The creation of a best-in-class charging network will ensure that the EV infrastructure will support current and projected EV sales and will foster the adoption of electric vehicles.”
For further information:
https://news.gm.com/newsroom.detail.html/Pages/news/us/en/2023/jul/0726-seven.html
EPA and the U.S. Department of Energy (DOE) have announced the availability $700 million in funding to reduce air emissions from the oil and gas sector, including formula grants for states totaling $350 million through DOE’s National Energy Technology Laboratory to help companies voluntarily identify and permanently reduce methane emissions from low-producing wells. The funding is part of the Methane Emissions Reduction Program created by the Inflation Reduction Act (IRA) that is intended to offer financial and technical assistance to monitor and reduce methane and other emissions such as volatile organic compounds and hazardous air pollutants from the oil and gas sector. In addition to the $350 million for states, EPA and DOE said the remainder will be competitively awarded to tribes, other agencies , companies, and communities for the deployment of technologies and implementation of best practices in the oil and gas sector.
For further information: