September 9-15, 2023
In this week's issue:
- House Passes Bill Targeting Long-Standing CAA Authority for States to Set New Vehicle Standards (September 14, 2023)
- NIH Researchers Link Exposure to PM2.5 with Increased Risk of Breast Cancer (September 11, 2023)
- Exposure to Wildfire Smoke Increases Suicide Rates (September 11, 2023)
- EPA Proposes Applicability and Compliance Provisions for Newly Added HAPs (September 13, 2023)
- EPA Extends Comment Deadline for Integrated Iron and Steel Manufacturing Air Toxics Proposal (September 14, 2023)
- EPA Announces Official Release of MOVES4 Mobile Source Emissions Model (September 12, 2023)
- EPA Analysis Predicts 35%-43% CO2 Reductions from IRA (September 12, 2023)
- DOE Maps 450 New Clean Energy Manufacturing Investments By State (September 13, 2023)
- European Parliament Tightens Air Quality Standards, Will Align with WHO (September 13, 2023)
This Week in Review
By a vote of 222 to 190 the House of Representatives approved H.R. 1435, the so-called “Preserving Choice in Vehicle Purchases Act,” introduced by Rep. John Joyce (R-PA) on March 8, 2023, and reported by the House Energy and Commerce Committee following a July 27, 2023, party-line vote. H.R. 1435 would amend Section 209(b) of the Clean Air Act (CAA) – under which EPA has granted waivers of preemption for California’s state motor vehicle standards for more than 50 years (thus giving other states, under CAA Section 177, the opportunity, if they choose to avail themselves of it, to adopt California’s standards) – by adding a fourth criteria to be met in order for EPA to grant a waiver: 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. In a Statement of Administration Policy issued on September 12, 2023, the White House opposed H.R. 1435. The “Preserving Choice in Vehicle Purchases Act” has a companion in the Senate, S. 2090, introduced on June 21, 2023, by Senator Markwayne Mullin (R-OK).
For further information:
https://www.congress.gov/bill/118th-congress/house-bill/1435,
and
https://www.whitehouse.gov/wp-content/uploads/2023/09/HR-1435-SAP.pdf
and
https://www.congress.gov/bill/118th-congress/senate-bill/2090
In a study published in the Journal of the National Cancer Institute (NCI), a team of seven researchers, including five from the National Institute of Health (NIH, of which NCI is a part), reports an association between historic exposure to fine particulate matter (PM2.5) and risk of breast cancer. Although epidemiologic investigation of the role of air pollution in the development of breast cancer has been increasing, with recent meta-analyses supporting a positive association for nitrogen dioxide, evidence supporting an association between PM2.5 and breast cancer has been “inconsistent” and few studies have considered historic exposure when PM2.5 levels increase, explain the researchers in “Ambient fine particulate matter and breast cancer incidence in a large prospective US cohort.” Their objective, therefore, was “to evaluate the association between historic concentrations of PM2.5 and incident breast cancer, overall and by estrogen receptor status, in a large, geographically spread U.S. cohort.” The cohort consisted of 567,169 participants in a separate NIH-AARP study. The researchers found that a “10 µg/m3 increase in PM2.5 for 1980 to 1984 was associated with an 8% increase in overall breast cancer risk….Overall associations were similar when using two other historical time periods (1985-1989 and 1990-1994).” The researchers conclude the study by writing, “In this large prospective study, long-term historical exposure to ambient PM2.5 at the residence was associated with a higher risk of estrogen receptor-positive breast cancer. Future work should emphasize evaluation of historic exposures and consider region-specific associations and the potential contribution of PM2.5 chemical constituency in modifying the observed association with breast cancer.”
For further information:
https://academic.oup.com/jnci/advance-article/doi/10.1093/jnci/djad170/7260521?searchresult=1
In a study published in the Proceedings of the National Academy of Sciences of the United States of America researchers from the University of Illinois, the University of Massachusetts and Monash University (in Australia) report on their investigation of the relationship between exposure to wildfire smoke and suicide risk in the U.S. from 2007 to 2019 and their conclusion that there is “large-scale evidence that air pollution elevates the risk of suicide, disproportionately so among rural populations.” The researchers used data on all deaths by suicide and satellite-based measures of wildfire smoke and fine particulate matter (PM2.5) concentrations to provide “nationally representative causal evidence that air pollution exposure increases suicide rates, with effects being strongest among rural populations who have a higher baseline risk of suicide and higher exposure to outdoor air.” The researchers further specify that “[t]hese effects are concentrated among demographic groups with both high baseline suicide risk and high exposure to outdoor air: men, working-age adults, non-Hispanic Whites, and adults with no college education. By contrast, we find no evidence that smoke pollution increases suicide risk among any urban demographic group.” The study is titled, “Air pollution and suicide in rural and urban America: Evidence from wildfire smoke.”
For further information:
EPA has published in the Federal Register proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) General Provisions to address applicability and compliance issues that result when a new hazardous air pollutant (HAP) is listed (88 Fed. Reg.62,711). This is in response to EPA’s addition of 1-bromopropoane (1-BP) to the HAP list on January 5, 2022, but would also apply to any future additions. EPA will accept public comment on the proposal until November 13, 2023. The proposal focuses on issues related to new standards for sources that become major as a result of the addition of a new listed HAP and the impacts of a new HAP on the federal operating permit program. It addresses three specific issues:1) how already promulgated NESHAPs apply when there is a newly listed HAP (e.g., must sources include emissions of the newly listed HAP to determine if they meet the limits for total HAPs); 2) permitting implications for facilities that become major sources under Section 112 solely due to the addition of a new pollutant to the HAP list; and 3) determination of the applicable emission standards (e.g., whether the source is subject to new- or existing-source standards) and the compliance deadlines for those newly applicable requirements. EPA is not proposing changes to the Part 70 regulations, stating that the current program covers those issues, but will clarify the applicability of previously promulgated NESHAPs by revising 40 CFR 63.64, subpart C. Additionally, EPA is proposing initial notifications, alternatives to address applicable emission standards and compliance deadlines. Finally, the proposal addresses immediate compliance obligations for the regulated sources when a new HAP is added.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-09-13/pdf/2023-19674.pdf
and
https://www.epa.gov/stationary-sources-air-pollution/infrastructure-new-hap-additions
EPA has extended by 15 days the comment period for the proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Integrated Iron and Steel Manufacturing source category. The comment period now closes on September 29, 2023 (the deadline was previously September 14, 2023). The measure, originally proposed on July 31, 2023, is the result of a technology review that revises the Risk and Technology Review standard issued on July 23, 2020. The proposal calls for fenceline monitoring for chromium (a surrogate for other hazardous air pollution metals) to address fugitive emissions and emission limits for several hazardous air pollutants from certain types of emission points or operations that the existing rule does not cover, including mercury, carbonyl sulfide, carbon disulfide, hydrochloric acid, hydrogen fluoride, total hydrocarbons, dioxins/furans and polycyclic aromatic hydrocarbons. The proposal also includes new and revised opacity limits and new work practice standards.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-09-14/pdf/2023-19762.pdf
and
https://www.govinfo.gov/content/pkg/FR-2023-07-31/pdf/2023-15085.pdf
and
EPA published a notice in the Federal Register (88 Fed. Reg. 62,587) announcing the official release of MOVES4, the latest version of the agency’s MOtor Vehicle Emissions Simulator (MOVES) model for estimating air pollution emissions for criteria pollutants, greenhouse gases (GHGs) and air toxics from mobile sources. MOVES4 replaces MOVES3 as EPA’s official model for estimating emissions from cars, trucks, motorcycles and buses, as well as many categories of nonroad equipment. The model, supporting materials and guidance documents have been available on EPA’s MOVES website since August 30. Key updates and improvements in MOVES4 include: 1) incorporating updates on vehicle populations, fuel supply, travel activity and emission rates; 2) accounting for the emission impacts of the heavy-duty low NOx rule for model years 2027 and later and the light-duty GHG rule for model years 2023 and later; 3) adding the ability to model heavy-duty battery-electric and fuel-cell vehicles, as well as CNG long-haul combination trucks; 4) improving the modeling of light-duty electric vehicles; and 5) improving the user interface to make the model easier to use and updating the platform for compatibility with newer software. This Federal Register notice triggers the start of a two-year grace period before MOVES4 will be required to be used by state and local agencies in new regional emissions analyses and new hot-spot analyses for transportation conformity determinations outside of California. The grace period ends on September 12, 2025.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-09-12/pdf/2023-19116.pdf
and
https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves
A new EPA analysis required under the Inflation Reduction Act predicts that it will result in economy-wide CO2 reductions of 35 percent to 43 percent below 2005 levels by 2030. Reductions from the electric power sector may fall between 49 percent and 83 percent below 2005 levels. EPA’s Office of Atmospheric Protection (OAP) determined the estimates based on “modeling results from recent peer-reviewed literature, government reports, and EPA-funded modeling and analysis.” OAP’s analysis found that the buildings sector shows the greatest potential reductions from 2005 levels followed by industry and transportation.
For further information:
The U.S. Department of Energy (DOE) released a new interactive tool that maps where clean energy production investments are occurring. The map focuses on industrial and corporate investments including 450 new or expanded clean energy manufacturing facilities, with roughly $160 billion in solar manufacturing; electric vehicle assembly, components, and chargers; battery production; and offshore wind development. Notable states include Michigan, with 38 clean energy investment manufacturing announcements totaling over $18 billion; Tennessee, with 24 clean energy investment manufacturing announcements totaling over $15 billion; California, with 52 clean energy investment manufacturing announcements totaling over $5 billion; and New York, with 30 clean energy investment manufacturing announcements totaling over $1 billion.
For further information:
and
The European Parliament has voted to tighten air pollution requirements in the European Union, establishing more protective limits and target values for PM2.5, PM10, NO2, SO2 and ozone. In total, 363 Member of Parliament voted for the revision of the Ambient Air Quality Directive (AAQD), 226 voted against, and 46 abstained. The revisions set new annual limits of 10 µg/m3 PM2.5 and 20 µg/m3 for NO2 across the EU by 2030 and the full alignment with the World Health Organization (WHO) Air Quality Guidelines by 2035. The WHO’s September 2021 guidelines recommend annual limits for PM2.5 of 10 μg/m3 and 10 μg/m3 for NO2, finding that adverse health effects occur above these values. The European Parliament also set requirements that every metropolitan area should have monitoring stations for every 2 million people in the area. The EU’s European Environmental Agency estimates that air pollution continues to be the number one environmental cause of early death in the EU, causing around 300,000 premature deaths per year.
For further information: