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April 13-19, 2019
In this week's issue:
- EPA Issues Final Rule on New Uses of Asbestos (April 17, 2019)
- EPA Amends NSPS and Emission Guidelines for Commercial and Industrial Solid Waste Incinerators (April 16, 2019)
- Automakers File Intervenor Brief in Support of EPA’s Revised Mid-Term Evaluation of Light-Duty Vehicle GHG Emissions Standards (April 15, 2019)
- California Staff Releases Heavy Duty Truck NOx Reductions Assessment (April 18, 2019)
- New York Sues EPA for Failure to Act on Section 126 Petition (April 12, 2019)
- EPA Proposes RTR for Stationary Combustion Turbines (April 12, 2019)
- EPA Proposes RTR for Asphalt Processing and Asphalt Roofing Manufacturing (April 16, 2019)
- EPA Proposes RTRs for Boat Manufacturing and Reinforced Plastics (April 19, 2019)
- EPA Sued Over Failure to Issue Coke Ovens RTR (April 15, 2019)
- Study Finds That Satellite-based Temperature Data Confirms Global Warming Trends (April 16, 2019)
This Week in Review
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EPA has announced a final rule, “Restrictions on Discontinued Uses of Asbestos; Significant New Use Rule (SNUR),” that expands the list of renewed asbestos uses for which manufacturers must obtain EPA approval under the Toxic Substances Control Act (TSCA). According to EPA, the rule will “ensure that any discontinued uses of asbestos cannot re-enter the marketplace without EPA review, closing a loophole in the regulatory regime for asbestos.” NACAA had commented on the proposal, expressing concern that the proposed SNUR for asbestos could result in asbestos-containing products being manufactured, processed and imported for new uses. Such an outcome could elevate the levels of asbestos in the environment and increase health risks to the public from exposure to this dangerous substance. The proposal had identified over a dozen possible new uses, while the final expands the list to include several specific additional categories and “any other use of asbestos that is neither ongoing nor already prohibited under TSCA.”
For further information: https://www.epa.gov/sites/production/files/2019-04/documents/prepubcopy_9991-33_19t-0042_fr_document_2019-04-17.pdf
EPA has issued final technical amendments to the “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units,” which had been proposed on June 15, 2018 (84 Fed. Reg. 15,846). The amendments are in response to requests from industry and implementing agencies for clarification of various implementation issues. The changes include the following: codifying the emission limit for mercury for waste-burning kilns in a production-based limit; extending performance evaluation tests timeline from 60 days to 180 days; extending the timeline for electronic data reporting; adding provisions to the options for demonstrating initial compliance by using continuous emission monitoring systems for particulate matter, dioxins, hydrogen chloride, sulfur dioxide, nitrogen oxide and mercury; and providing clarifications on reduced testing requirements, deviation reporting, continuous opacity monitoring system, definition of 30-day rolling average and air curtain incinerators.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-04-16/pdf/2019-05529.pdf
The Alliance of Automobile Manufacturers and the Association of Global Automakers filed an intervenors’ brief in the U.S. Court of Appeals for the District of Columbia Circuit on behalf of EPA, defending that agency’s April 13, 2018 “Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles” issued by then-EPA Administrator Scott Pruitt. This revised Mid-Term Evaluation (MTE) Final Determination has been challenged by 18 states, seven public interest and environmental groups and a number of business petitioners, who have asked the court to set it aside as “an unlawful effort to weaken the nation’s clean car rules.” In their brief, the Alliance and Global Automakers assert that the petitions challenging the revised MTE Final Determination must be dismissed for lack of jurisdiction (they contend that the determination is not a final agency action and the petitions are not ripe for review) and that the petitioners’ arguments are meritless (they argue that the determination is procedurally and substantively sound and not arbitrary and capricious).
For further information: http://www.4cleanair.org/sites/default/files/Documents/Litigation-MTE-AutomakerIntervenorBrief-041519.pdf
The California Air Resources Board (CARB) staff has posted a white paper that discusses staff’s assessment of the technical feasibility of lower oxides of nitrogen (NOx) standards and associated test procedures for 2022 and subsequent model year medium-duty and heavy-duty engines. Faced with challenging ozone and PM2.5 attainment requirements in the South Coast and San Joaquin regions, CARB has articulated a multipronged strategy for emission reductions from heavy-duty vehicles, including regulatory and voluntary incentive programs. Since 1990, NOx emission standards for these vehicles have been reduced from 6.0 grams per brake horsepower hour (g/bhp-hr) to the current 0.2 g/bhp-hr. The 2016 State Implementation Plan for California includes the establishment of on-road heavy-duty low-NOx engine emission requirements that would provide a further 90 percent reduction in NOx emissions compared to today’s engines, to 0.02 g/bhp-hr. Anticipating questions about the technical feasibility and cost-effectiveness of potential measures, and about the synchronization of NOx-related actions with those taken to meet the 2024 and 2027 Phase 2 greenhouse gas (GHG) requirements, the CARB staff issued its current assessment of what is currently considered as technically achievable and cost effective for 2022 and subsequent model years in three steps. Staff argues that Step 1, for 2022-2023 model years (MY), is achievable with currently deployed technologies and changes to carve-outs and calculation methodologies. Step 2, applied to MY 2024-2026, can be met without major engine hardware changes, using changes to engine calibration and the emission aftertreatment system. C ARB suggests that Step 3, for MY 2027 and subsequent MYs, would provide a long enough development lead time to allow for the development of likely engine hardware upgrades. Each phase is synchronized in the white paper to be harmonized to the Phase 2 GHG emission standard requirements. Staff analysis estimates that the cost of compliance would be met below $3/pound of NOx, although Staff suggested that additional data that will be ready in May 2019 and industry input will help refine its cost-effectiveness analysis. CARB staff indicated it would continue to take input from stakeholders to continue to improve its understanding of the issues.
For further information: https://www.arb.ca.gov/msprog/hdlownox/white_paper_04182019a.pdf
The State of New York filed a complaint against EPA Administrator Andrew Wheeler in the U.S. District Court for the Southern District of New York to compel the agency to perform its nondiscretionary duty under the Clean Air Act to act on the state’s Section 126 petition. The petition, submitted by New York on March 12, 2018, calls upon EPA to address the interstate transport of pollution by finding that sources in nine upwind states are “significantly contributing to nonattainment or interfering with maintenance of the 2008 and/or 2015 national ambient air quality standards (NAAQS) for ozone in New York.” The Clean Air Act requires that EPA act on petitions submitted under Section 126 within 60 days of receipt. The agency granted itself a six-month extension – until November 9, 2018 – to respond but, to date, has not yet held a public hearing or taken final action to respond. New York asks that the court declare that EPA is in violation of the Clean Air Act and order the agency, by dates certain, to hold a public hearing and either make the requested finding or deny the petition.
For further information: http://www.4cleanair.org/sites/default/files/Documents/Litigation-NY_v_EPA-Sec126-041219.pdf
EPA published in the Federal Register the proposed Risk and Technology Review (RTR) standards for Stationary Combustion Turbines (84 Fed. Reg. 15046). RTR standards are designed to address the risks remaining after the implementation of Maximum Achievable Control Technology (MACT) standards and add new cost-effective controls that have been developed since MACT was implemented. The agency is proposing to determine that the risks from the source category are acceptable and that there are no new cost-effective controls. The proposal would revise the requirements for periods of startup, shutdown and malfunction to be consistent with recent court decisions; require electronic reporting of performance test results and compliance reports; and remove the stay of the standards for new gas-fired stationary combustion turbines. The comment deadline for the proposal is May 28, 2019.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-04-12/pdf/2019-07024.pdf and https://www.epa.gov/stationary-sources-air-pollution/stationary-combustion-turbines-national-emission-standards
EPA announced the proposed Risk and Technology Review (RTR) standards for Asphalt Processing and Asphalt Roofing Manufacturing. The agency is proposing to determine that the risks from this source category are acceptable and that there are no new cost-effective controls available. The proposal would clarify that the standards are applicable during periods of startup, shutdown and malfunction and require electronic reporting of performance test results, notifications of compliance status and semi-annual reports. The proposal would provide more flexibility for the monitoring requirements and require compliance testing at least once every five years. There will be a 45-day comment period beginning with publication in the Federal Register.
For further information: https://www.epa.gov/stationary-sources-air-pollution/asphalt-processing-and-asphalt-roofing-manufacturing-national
EPA proposed amendments to the 2001 National Emission Standards for Hazardous Air Pollutants (NESHAP) for Boat Manufacturing and the 2003 NESHAP for Reinforced Plastic Composites Manufacturing. Boat Manufacturing includes regulated processes such as fiberglass resin and gel coat operations, carpet and fabric adhesive operations, and aluminum recreation boat painting operations. Reinforced Plastic Composites Manufacturing includes the production and ancillary processes used to manufacture products with thermoset resins and gel coats. Based on the results of required residual risk and technology reviews (RTRs), EPA asserts that risks from these source categories are acceptable and has identified no developments in practices, processes or control technologies that would further reduce emissions of hazardous air pollutants. The current standards continue to provide an ample margin of safety to protect public health and the environment. This proposed action clarifies that the standards are applicable during periods of startup, shutdown and malfunction. EPA is also proposing to require the electronic reporting of compliance reports, including performance test results. EPA indicated that it will accept comment on the proposed amendments for 45 days after publication in the Federal Register.
For further information: https://www.epa.gov/stationary-sources-air-pollution/boat-manufacturing-national-emission-standards-hazardous-air
A group of environmental organizations has sued EPA claiming that the agency has failed to issue Risk and Technology Review (RTR) standards within eight years after the establishment of Maximum Achievable Control Technology (MACT) standards for two source categories: “Coke Oven Batteries” and “Coke Ovens: Pushing, Quenching, and Battery Stacks.” The suit was lodged in the U.S. District Court for the Northern District of California (Citizens for Pennsylvania’s Future, et al. v. EPA). The groups argue that EPA should have issued the RTR standards by August of 2013 and request that the court order EPA to finalize the standards according to an expeditious court-ordered schedule. The RTR provisions call for EPA to establish standards as needed to address the residual risk that remains after the establishment of MACT and to account for improvements in controls since MACT was implemented.
For further information: http://www.4cleanair.org/sites/default/files/Documents/Coke_ovens.pdf
A new analysis of satellite-based temperature data agrees with global warming trends observed from longstanding ground-based measurements. The study compares temperature data collected between 2003 and 2017 by the satellite-mounted Atmospheric Infra-Red Sounder (AIRS) instrument to the land-based Goddard Institute for Space Studies Surface Temperature Analysis (GISTEMP) data set, which is maintained by NASA and used to support monthly and annual global temperature reports. According to GISTEMP, the last five years have been the warmest since temperature recordkeeping began in the 19th century, with 2016 the hottest year ever recorded. The AIRS data provides independent confirmation of the warming trends and relative rankings of individual years observed in GISTEMP. The paper further notes that the AIRS data set has a higher resolution and broader spatial coverage than GISTEMP, and suggests that the surface-based data may be underestimating temperature increases in some parts of the world. The study, entitled Recent Global Warming as Confirmed by AIRS, appears in the journal Environmental Research Letters,
For further information: https://iopscience.iop.org/article/10.1088/1748-9326/aafd4e/meta