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April 27 – May 3, 2019
In this week's issue:
- NACAA Holds Spring Membership Meeting in Kansas City (April 29-30, 2019)
- NACAA Comments on EPA’s Draft National Program Guidance for FY 2020-2021 (May 2, 2019)
- EPA Releases Final “Modeled Emission Rates for Precursors” Guidance for Use in PSD Permitting (April 30, 2019)
- Report Estimates Criteria-Pollutant and Other Damages Stemming from EPA’s SAFE Vehicles Rule (May 1, 2019)
- EPA Proposes Amendments to Two Surface Coating NESHAPs (May 3, 2019)
- EPA Publishes Proposed RTR for Asphalt Processing and Asphalt Roofing Manufacturing (May 2, 2019)
- House Approves Bill Affirming U.S. Emission Reduction Pledges under the Paris Agreement (May 1-2, 2019)
- Senate Hearing Highlights Renewed Interest in Permit Streamlining (May 2, 2019)
- Department of Energy Proposes Changes to Energy Efficiency Testing Requirements (May 1, 2019)
- House Committee Holds Hearing to Explore Policy Solutions to Climate Change (April 30, 2019)
- Virginia Governor Signs Budget Bill with Language Blocking State’s Regional Greenhouse Gas Initiative Participation (May 2, 2019)
- EPA Submits Final Affordable Clean Energy Rule to White House for Review (April 30, 2019)
- Pennsylvania Joins U.S. Climate Alliance (April 29, 2019)
This Week in Review
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NACAA held its 2019 Spring Membership Meeting in Kansas City, Missouri this week. Over 100 officials from state, local and federal air pollution control and other governmental agencies participated in the meeting. The agenda included presentations on responding to the wildfire smoke public health crisis and lessons learned for the future; reducing NOx from heavy-duty trucks; the impacts of climate change on criteria pollutants; perspectives and challenges associated with PurpleAir sensors; and a report from Miles Keogh, NACAA’s Executive Director, as well as panel discussions on “Lifelong Learning on the Job: Knowledge Transfer at Clean Air Agencies” and “Click for Clean Air: Best Practices for Social Media.” The agenda also included four “Spotlight” presentations highlighting innovative state and local programs, including “Community-Based Air Quality Efforts in Disadvantaged Areas”; “Bringing MATH to the People” (Managing Asthma Triggers at Home); “A Solar Group Buy”; and “Raspberry Pi in the Sky: A New Approach to Data Telemetry.” In addition, the members engaged in a discussion with EPA Principal Deputy Administrator Anne Idsal. NACAA also held its Spring Board of Directors and Committee Chairs’ meeting and a business meeting in conjunction with the Spring Membership Meeting. Many thanks to our speakers and all the meeting attendees!
NACAA submitted comments on EPA’s draft FY 2020-2021 National Program Guidance documents for the Office of Air and Radiation and the Office of Enforcement and Compliance Assurance. These guidance documents describe the key activities expected for EPA, states, local agencies and tribes, aligning with the agency’s strategic plan and the Administration’s budget request. The guidance also will be the basis for negotiations between EPA and state and local agencies and the development of workplans. In the comments, NACAA expressed opposition to the proposed cuts to state and local air grants contained in the Administration’s recommended FY 2020 budget and emphasized the need for additional resources. NACAA also provided specific comments on elements of the proposed document, including, among others, calling for PM2.5 monitoring grants to remain under the authority of Section 103, where matching funds are not needed, rather than shifting them to Section 105; agreeing with EPA on the need for flexibility and collaboration with state and local agencies to resolve planning issues; recommending adequate funds for training; recognizing the importance of working collaboratively with state and local air agencies on enforcement issues; highlighting the important role of local agencies in enforcement activities; and emphasizing the importance of EPA’s continued role as a federal backstop in enforcement activities.
For further information: http://4cleanair.org/sites/default/files/Documents/NACAANPMComments-FY20-21-05022019.pdf
EPA issued final Guidance on Development of Modeled Emission Rates for Precursors (MERPs) as a Tier 1 Demonstration Tool for Ozone and PM2.5 under the PSD Permitting Program, for use by permitting authorities and permit applicants in determining if a new or modifying stationary source will cause or contribute to a violation of the National Ambient Air Quality Standards (NAAQS) for ozone or fine particles (PM2.5). A MERP reflects an emission rate of a precursor pollutant that would result in a specific change in ozone or PM2.5 levels. As in the draft MERPs guidance, which was issued in December 2016, the final guidance provides a framework for using air quality modeling to arrive at values for MERPs and use them as a tool to satisfy compliance demonstration requirements for ozone and PM2.5 in permit-related assessments under the Prevention of Significant Deterioration (PSD) program. The final guidance also presents EPA’s modeling of hypothetical single-source impacts on ozone and secondary PM2.5 to illustrate how the framework can be implemented by stakeholders. According to EPA, the modeling relationships and illustrative MERPs presented in the guidance may, in some cases, “provide relevant technical information to assist or inform an applicant in providing a Tier 1 demonstration and also as a template for permit applicants and/or state or local agencies to develop information relevant to a specific area or source type.” The MERPs guidance is not binding and does not impose enforceable requirements on any party, but rather provides recommendations for consideration and use by permitting authorities and permit applicants on a case-by-case basis.
For further information: https://www3.epa.gov/ttn/scram/guidance/guide/EPA-454_R-19-003.pdf (final MERPs guidance) and https://www3.epa.gov/ttn/scram/guidance/guide/illustrative_merps_epa_modeling_2018dec28version.xlsx (spreadsheet with underlying maximum impact and MERPs information for hypothetical sources)
A new report with an analysis of the EPA’s proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Year 2021-2026 Passenger Cars and Light Trucks found that the criteria pollutant and other emissions resulting from implementing the rule could result in as many as 32,000 deaths, with millions more developing health problems. The paper, The Devastating Impacts of the Trump Proposal to Roll Back Greenhouse Gas Vehicle Emissions Standards – The Untold Story, argues that in addition to the public health impacts, as many as 200 local communities face challenges to compliance with the Clean Air Act which could constrain business and economic activity. The report is co-authored by Mary Becker and Bill Becker, who was the previous Executive Director of NACAA until early 2017 (but was not produced with any involvement or coordination with NACAA).
For further information: https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A72b78935-2ee6-4341-a986-8631c70f3505
EPA proposed a pre-publication document articulating amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for the Surface Coating of Metal Cans (2003) and the Surface Coating of Metal Coil (2002) source categories. Based on the results of required residual risk and technology reviews, EPA is proposing 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. EPA is proposing no significant changes to the original NESHAPs for these source categories and proposes that the standards continue to provide an ample margin of safety to public health and the environment. EPA is also proposing amendments to the existing regulations pertaining to emissions during periods of startup, shutdown and malfunction, and amendments to clarify certain rule provisions that will enhance the effectiveness of the rules.
For further information: https://www.epa.gov/stationary-sources-air-pollution/surface-coating-metal-cans-and-surface-coating-metal-coil-residual
EPA published in the Federal Register the proposed Risk and Technology Review (RTR) standards for Asphalt Processing and Asphalt Roofing Manufacturing (84 Fed. Reg. 18,926), which were announced on April 16, 2019. The public comment period will be open until June 17, 2019. EPA 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 apply during periods of startup, shutdown and malfunction and require electronic reporting of performance test results, notifications of compliance status and semi-annual reports. The proposed rule also would provide more flexibility for monitoring and require compliance testing at least once every five years.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-05-02/pdf/2019-08155.pdf and https://www.epa.gov/stationary-sources-air-pollution/asphalt-processing-and-asphalt-roofing-manufacturing-national
The U.S. House of Representatives approved H.R. 9, the Climate Action Now Act, which was introduced by Representative Kathy Castor (D-FL) earlier this year. The bill requires the President to develop a plan for the U.S. to meet its pledged emission reduction commitments under the Paris Agreement and would also prevent the federal government from spending any funds to withdraw from the deal. The bill passed 231-190 on a largely party line vote with only three Republicans voting for the measure and no Democrats voting against it. H.R. 9 was subjected to a lengthy floor debate spanning two days and 30 amendments, including two offered by Representative Paul Gosar (R-AZ) to: 1) strike the bill section preventing the U.S. from withdrawing from the Paris Agreement; and 2) require that the Paris Agreement be ratified by the Senate as a treaty. Both amendments failed 189-234. Six of the other 28 amendments were approved with roll call votes and the remaining 22 were all agreed to by voice votes. Among the approved bill changes were an acknowledgement that climate change affects public health; clarifying language that the bill does not preclude the use of any technologies to meet emission reduction goals; a finding that cities, states and businesses are making progress to meet the Paris Agreement’s goals; and an acknowledgment that adaptation is an important response to climate change. The bill will proceed to the Senate for additional consideration, though Senate Majority Leader Mitch McConnell (R-KY) has stated that he does not intend to advance it.
For further information: https://www.congress.gov/bill/116th-congress/house-bill/9
The Senate Homeland Security and Governmental Affairs Committee, Permanent Subcommittee on Investigations, held a hearing focused on oversight of the Federal Permitting Improvement Steering Council, an interagency body tasked with improving federal permitting coordination on large projects. At the hearing, the chairman, Sen. Rob Portman (R-OH), argued that the pace of permitting was harmful to the country’s investment competitiveness. “It takes so long and it’s so costly to permit a project here in the United States. We can do better than this,” he said. Numerous other Republican Senators and industry speakers raised support for additional permit streamlining, but Democrats and environmental organizations at the hearing sounded a note of caution. “I will not support further weakening of environmental protections in the name of accelerating project delivery,” said Sen. Tom Carper (D-DE), ranking member on the subcommittee. Permitting has returned to the political spotlight following a meeting on April 30 between Democratic House and Senate leadership and President Trump at the White House, at which they agreed in principle to support a multitrillion dollar infrastructure package.
For further information: https://www.hsgac.senate.gov/subcommittees/investigations/hearings/oversight-of-federal-infrastructure-permitting-and-fast-41
A proposal from the Department of Energy (DOE) would make it easier for companies to waive the testing methods used to determine whether commercial and industrial equipment meets federal energy efficiency standards. DOE allows manufacturers to propose and substitute alternative testing procedures if they can demonstrate that a product contains a design characteristic that would interfere with the federal procedures or if the federal procedures would evaluate the product in an unrealistic way. DOE’s existing regulations provide that the agency will issue testing waiver decisions within 30 days of an application, if feasible. The proposed rule would instead grant an interim waiver automatically if DOE fails to respond within 30 days. The proposal is open for public comment through July 1, 2019.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-05-01/pdf/2019-08699.pdf
The House Select Committee on the Climate Crisis held a hearing to identify policies that reduce greenhouse gas (GHG) emissions while creating economic benefits. The hearing featured four witnesses. Diana Liverman, a professor of geography at the University of Arizona, spoke about the impacts of climate change at 1.5 degrees Celsius of warming, noting that global average temperatures have already increased by 1 degree, that the negative impacts of climate change are already being felt, and that limiting warming to 1.5 degrees is still possible but only with steep cuts below the current global emissions trends. Liverman’s prepared testimony concluded by arguing that delaying climate action may force larger and more expensive emission cuts to meet the 1.5-degree goal. David Foster, a distinguished associate with Energy Futures Initiative, offered prepared remarks about opportunities to address climate change while creating jobs within the energy and energy efficiency industries. “For the last four years, the energy and energy efficiency sectors have out-produced the rest of the American economy, creating jobs at a more rapid rate than the economy as a whole. In 2018, the US economy increased jobs by 1.8%, while the energy and energy efficiency sectors added jobs at 2.3%, creating 7% of all new jobs,” he said. Hal Harvey, CEO of environmental law and policy firm Energy Innovation, also focused on the power sector, using his testimony to advocate for a package of policies to support “affordable, reliable, safe, and clean” energy technologies over “incumbent technologies, which would lock in high costs and high pollution.” Christopher Guith, acting president and CEO of the U.S. Chamber of Commerce’s Energy Institute, argued that climate change cannot be solved with regulation and should instead be addressed as a technology challenge. Guith’s testimony concluded with a list of policy recommendations including energy efficiency improvements, greater use of carbon sequestration, improvements in transportation and energy infrastructure, expanded nuclear power generation, reductions in hydrofluorocarbons and other short-lived but highly potent climate pollutants, and significant federal funding for research.
For further information: https://climatecrisis.house.gov/committee-activity/hearings/solving-climate-crisis-drawing-down-carbon-and-building-american-economy
Virginia Governor Ralph Northam signed budget legislation effectively blocking the state from joining the Regional Greenhouse Gas Initiative (RGGI) for the next fiscal year. Virginia’s Department of Environmental Quality (DEQ) recently finalized regulations to join RGGI, but the state legislature included a provision blocking the move in budget legislation required to fund the state government. A statement from Governor Northam’s office called the language “disappointing and out of touch” and directed the DEQ to “identify ways to implement the regulation and achieve our pollution reduction goals” in spite of the restriction. The Virginia DEQ estimates that the RGGI regulations would reduce the state’s power sector greenhouse gas emissions by 30 percent within 10 years.
For further information: https://www.governor.virginia.gov/newsroom/all-releases/2019/may/headline-840390-en.html
An update to the White House Office of Management and Budget’s rulemaking dashboard indicates that a final version of the Affordable Clean Energy (ACE) rule is undergoing White House review. According to the dashboard, the rule was received on April 26, 2019. EPA proposed the ACE rule in August 2018 to replace the Clean Power Plan. There is no required timeframe for OMB to complete its review, but EPA has stated in related litigation filings that it anticipates a final rule no later than the end of June.
For further information: https://www.reginfo.gov/public/do/eoDetails?rrid=129058
Pennsylvania Governor Tom Wolf announced that the state has joined the U.S. Climate Alliance, a coalition of governors who have pledged meet the Paris Agreement’s emission reduction goals. Pennsylvania is the 24th state to join the group, which now represents 55 percent of the U.S. population, 60 percent of U.S. GDP and 40 percent of U.S. greenhouse gas emissions. Six additional states have joined the alliance since the start of 2019: Illinois, New Mexico, Michigan, Wisconsin, Maine and Nevada. Governor Wolf also announced the move alongside the release of a Pennsylvania Climate Action Plan, which describes 100 specific actions grouped into 19 strategic areas in order to mitigate GHG emissions and adapt to climate change.
For further information: https://www.governor.pa.gov/pennsylvania-releases-state-climate-action-plan-join-u-s-climate-alliance/