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April 29 – May 5, 2023
In this week's issue:
- EPA Publishes Multipollutant Light- and Medium Duty Vehicle Proposal, Sets July 5 Comment Deadline; Virtual Public Hearing to Take Place May 9-10 (May 5, 2023)
- NACAA Submits FY 2024 Appropriations Testimony to Senate Requesting Additional Grant Funding (May 1, 2023)
- NACAA Letter to Senate Appropriations Leadership Recommends State/Local Grant Increases (May 2, 2023)
- EPA Administrator Testifies Before Senate in Support of Administration’s Proposed Budget (May 3, 2023)
- Study Finds Exposure to Hazardous Air Pollution from Consumer Products (May 3, 2023)
- NACAA Testifies at EPA Hearing on Proposed Phase 3 Heavy-Duty GHG Emission Standards Rule (May 2, 2023)
- EPA Issues Temporary Waiver to Allow Summertime Sale of E15 (April 28, 2023)
- CASAC Drafts “Review” of EPA’s Second Draft Ozone Policy Assessment, Will Meet May 23-24 to Discuss (May 2, 2023)
- Clean Air Agencies Among 126 Agencies To Receive Climate Planning Funds (April 28, 2023)
This Week in Review
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EPA published in the Federal Register (88 Fed. Reg. 29,184) its proposed rule, titled “Multi-Pollutant Emissions Standards for MY 2027 and Later Light-Duty and Medium-Duty Vehicles”; the proposal was announced by the agency on April 12, 2023 (see related article in the April 8-14, 2023, Washington Update). Under the proposed rule, EPA would establish new performance-based greenhouse gas, nitrogen oxide, hydrocarbon and particulate matter emission standards for model years (MYs) 2027 through 2032. The proposal applies to new cars, SUVs, vans, light trucks and medium-duty vans and trucks. In addition to proposed standards, EPA seeks comment on three alternatives as well as 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 is providing a 60-day public comment period for this proposal, with a deadline of July 5, 2023. Last week, EPA published a Federal Register notice (88 Fed. Reg 23,743) formally announcing the virtual public hearing on the proposal, to take place May 9-10 (and possibly May 11). EPA requires preregistration, both to testify and to listen. Email EPA-LD-hearings@epa.gov to request a preregistration form.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-05-05/pdf/2023-07974.pdf,
https://www.govinfo.gov/content/pkg/FR-2023-04-24/pdf/2023-07965.pdf and
NACAA submitted written testimony to the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2024 appropriations, specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over the FY 2023 appropriation of $249 million and $100 million above the Administration’s request; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants. The Subcommittee is not holding in-person or virtual hearings for public witnesses regarding EPA’s budget this year. NACAA submitted nearly identical testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies on March 16, 2023.
For further information: https://www.4cleanair.org/wp-content/uploads/Senate-Testimony-FY-2024-NACAA.pdf
and
NACAA has sent a letter to Senators Patty Murray (D-WA) and Susan Collins (R-ME), the Chair and Vice Chair, respectively, of the Senate Appropriations Committee, recommending significant increases in FY 2024 federal grant funding for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act (CAA). The letter, copies of which were also sent to all the members of the Senate Appropriations Committee, articulated NACAA’s four recommendations regarding FY 2024 federal appropriations. These are that Congress should: 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over FY 2023 and $100 million more than the Administration’s FY 2024 request of $400 million; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants. NACAA had previously provided testimony to the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies communicating these recommendations.
For further information:
https://www.4cleanair.org/wp-content/uploads/Senate-Letter-NACAA-FY-2024-Recommendations.pdf
and
https://www.4cleanair.org/wp-content/uploads/Senate-Testimony-FY-2024-NACAA.pdf
EPA Administrator Michael Regan testified before the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies in support of the Administration’s proposed budget for EPA for FY 2024, calling for $12 million for EPA, which is approximately $1.87 billion more than what was appropriated in FY 2023. Regan outlined some of the features and benefits of the budget and noted that a recent House recommendation to decrease EPA’s funding to FY 2022 levels would have very adverse consequences. That would be the lowest funding level since FY 2013 and Regan noted he had concerns about reductions in staff and cutbacks in programs that would result. The senators questioned him on a wide variety of environmental topics related to air quality and other media. Senator Jeff Merkley (D-OR), Chair of the Subcommittee, sought reassurance that states without greenbanks would still have access to recent greenhouse gas reduction funds, which Regan assured him would be the case. In response to Senator Patty Murray (D-WA), Regan stated that he would work to make E-15 gasoline more accessible. Senator Shelley Moore Capito (R-WV) expressed concern about EPA modeling showing dramatic declines over the next 17 years in coal-fired power, due to the Inflation Reduction Act. She asked if EPA will update modeling for the new clean power rule expected shortly to show the impacts. Regan noted that the proposed regulations will include modeling and cost-benefit analyses. Senator John Hoeven (R-ND) asked why EPA is proposing tighter standards for the Mercury and Air Toxics Standards (MATS) if the current standard brought mercury emissions below levels of concern. Regan responded that further reductions of mercury are necessary to protect public health and that control technologies exist and are very cost-effective. Senator Hoeven also expressed his objection that MATS would call for the same standards for lignite and subbituminous coal. With respect to the MATS proposal and upcoming GHG requirements for power plants, Regan stated that EPA had worked to ensure the regulations came out together to provide industry with regulatory certainty. Senator Lisa Murkowski (R-AK) asked if EPA had done assessments related to the increased minerals needed to meet EPA’s aggressive timelines for light- and medium-duty vehicles and heavy-duty trucks and Regan noted that the agency is cognizant of the needs. Regan previously testified before the House Appropriations Subcommittee on Interior, Environment, and Related Agencies and the Senate Environment and Public Works Committee in support of the budget proposal.
For further information: https://www.appropriations.senate.gov/hearings/a-review-of-the-presidents-fiscal-year-2024-budget-request-for-the-environmental-protection-agency
A study published in the journal Environmental Science & Technology found that consumer products are important sources of toxic air pollution through emissions of volatile organic compounds (VOCs). The study examined data from the California Air Resources Board to quantify emissions of VOCS that people would likely be exposed to as individual consumers, in workplaces and at the population level. They found that out of 172 consumer product categories, 105 contained chemicals listed in the California Safe Drinking Water and Toxic Enforcement Act (“Prop 65”). These are in widespread use, even though they include known carcinogens and reproductive/developmental toxicants. Among the chemicals that were most prevalent were methanol, diethanolamine, ethylbenzene, ethylene glycol, toluene, diethanolamine, N-methyl-2-pyrrolidone and formaldehyde. A wide variety of products were included on the list, ranging from shampoos and lotions to household products and cleaners. The researchers recommend that “[m]anufacturers and regulators should prioritize product categories containing Prop 65-listed chemicals for reformulation or redesign to reduce human exposures and associated health risks.”
For further information: https://pubs.acs.org/doi/pdf/10.1021/acs.est.2c07247
Erik White (Placer County, CA), Co-Chair of the NACAA Mobile Sources and Fuels Committee, testified on behalf of the association at EPA’s virtual public hearing on the Phase 3 heavy-duty (HD) greenhouse gas (GHG) emission standards rule. Noting that NACAA supported EPA’s adoption in 2011 and 2016 of a first phase and Phase 2 onroad HD GHG standards, which took effect with MYs 2014 and 2021, respectively, Erik welcomed the Phase 3 proposal and “the opportunity to further advance this important program in a way that optimally reflects the potential of technological innovation and the unprecedented financial incentives provided under the Bipartisan Infrastructure Law and Inflation Reduction Act, to best protect human health and our planet.” In addition, Erik indicated that NACAA will continue to study the proposal, including provisions to revise EPA’s 1998 regulations addressing preemption of state regulation of new locomotives and new engines used in locomotives, and provide written comments by the close of the comment period.
For further information:
https://www.4cleanair.org/wp-content/uploads/NACAA_Testimony-Phase_3_HD_GHG_NPRM-050223.pdf
EPA Administrator Michael S. Regan announced the issuance of a temporary waiver under Clean Air Act section 211(c)(4)(C)(ii)(I) “to address extreme and unusual fuel supply circumstances caused by the war in Ukraine that are affecting all regions of the Nation.” In an April 28, 2023, letter sent to governors, Administrator Regan writes, “The Agency in taking this action is seeking to address the extreme and unusual fuel supply circumstances in the market by allowing the continued sale of E15 during the summer driving season. Absent this action, retailers that currently sell E15 (gasoline with 85% petroleum gasoline content) would need to stop selling the fuel and instead only sell E10 (gasoline with 90% petroleum gasoline content). This switch, from E15 to E10, would increase the demand for petroleum-based gasoline at the very time that the Agency has concluded that a fuel supply issue persists due to the ongoing war in Ukraine. The Agency’s waiver action here will eliminate the need for retailers to shift to E10 and in the process will prevent the increased demand for petroleum gasoline that would otherwise occur.” With respect to air quality impacts, the Administrator writes, “Since E15, allowed under this waiver, is required to meet the same volatility standard as E10, no overall change in evaporative emissions impacts are projected to occur as a result of this action. This is because it is the volatility of the gasoline blend that drives evaporative emissions, not the ethanol content.” The Administrator continues by stating, “EPA has similarly found in comparing exhaust emissions between E10 and E15, that some criteria pollutants would have relative increases (NOx) and others have similar decreases (VOC and CO) while still others are less certain (PM), these changes are all relatively small. In the E15 CAA sec. 211(f)(4) partial waivers, we determined that effects of this magnitude were too small to cause or contribute to MY2001 and newer light duty motor vehicles to exceed the vehicles’ certified exhaust emissions standards. After weighing the societal benefits of an incrementally higher volume of gasoline being made available to the public, and considering that no significant change in air pollution is projected to occur as a result of this action, EPA concludes that this action is in the public interest.” The temporary fuel waiver took effect on May 1, 2023, and will remain in effect for 20 days, until May 20, 2023. Administrator Regan says it is EPA’s intent to continue to issue new waivers, thus extending the original waiver, until “the extreme and unusual fuel supply circumstances” no longer exist.
For further information:
https://www.epa.gov/newsreleases/epa-issues-emergency-fuel-waiver-e15-sales-0,
https://www.epa.gov/system/files/documents/2023-04/e15fuelwaiver-governors-042823_2.pdf
and
Dr. Elizabeth A. (Lianne) Sheppard, Chair of EPA’s Clean Air Scientific Advisory Committee (CASAC), released a draft “review” summarizing the Committee’s consensus responses to the charge questions related to EPA’s “Policy Assessment (PA) for the Reconsideration of the Ozone National Ambient Air Quality Standards (External Review Draft Two)” and providing individual comments from members of the CASAC Ozone Panel. In the form of a letter, the draft review comes after the Ozone Panel met on March 2 and March 29-30, 2023, to peer review the draft PA. Among the many comments included in the draft review is that the Risk and Exposure Assessment (REA), which has been included as an appendix to the PA for the past several NAAQS reviews, should, in the future, be developed as a separate standalone document and reviewed by CASAC before the PA is developed. In addition, EPA did not fully utilize the large amount of data collected and analyzed for the Integrated Science Assessment and as a result all CASAC members but one “are concerned that the approach taken in the PA may substantially underestimate public health risk.” (In this letter, the term “CASAC members” includes members of the Ozone Panel as well.) All CASAC members agree that retaining ozone as the indicator is appropriate and that there is not adequate evidence to support changes to the averaging time or form of the standard. All CASAC members but one conclude that “the scientific evidence indicates that the level of the current primary standard is not sufficiently protective of public health” and that controlled human exposure (CHE) studies “demonstrate adverse effects in healthy adults at or below the current standard of 70 ppb.” To be protective of public health, all CASAC members but one recommend a level in the range of 55 to 60 parts per billion (ppb) – a scientific judgement that “is based on consideration of all of the scientific evidence, including CHE studies, epidemiological studies, and animal studies, and considering the need to protect children, people with asthma, outdoor workers, and other at-risk populations.” The one remaining member of CASAC agrees with EPA staff that “the available evidence and exposure/risk information do not call into question the adequacy of protection provided by the existing standard and that it should be retained without revision.” In concluding the draft review, Dr. Sheppard writes, “In summary, the CASAC appreciates the thorough review presented in the PA. However, all of the CASAC members, except one, do not agree with the EPA’s conclusions about the protectiveness of the primary and secondary standards because they do not agree with and have concerns with several pivotal decisions and assumptions in the analyses that the conclusions are based upon.” The CASAC Ozone Panel will meet again on May 23 and 24, 2023, to discuss the draft review letter.
For further information:
https://www.4cleanair.org/wp-content/uploads/Draft_CASAC_Ozone_PA_Report-050223.pdf
and
https://casac.epa.gov/ords/sab/f?p=113:19:26490387344744:::RP,19:P19_ID:987
Forty six states, the District of Columbia, and seventy nine metropolitan areas have submitted notices of intent to participate for Phase 1 of the Climate Pollution Reduction Grants (CPRG) funded by the 2022 Inflation Reduction Act. Phase 1, which includes a total of $250 million for climate planning actions by participants, will fund the development, updating, or evaluation of state, local, tribal or territorial plans to reduce climate pollution. States that submitted notices needed to do so by March 31st 2023, and because four of them declined, additional funding was allocated to the pool of funding available to local governments. In addition to funding the 67 most populous metropolitan areas, additional local areas were able to apply by April 28, 2023. Many of the state participants are clean air agencies; local agency applicants include clean air agencies, departments of sustainability and/or resilience, and metropolitan planning organizations, as well as regional councils of governments. State CPRG participants were to file applications with work plans by April 28, 2023; local governments will need to file their applications with work plans by May 31, 2023. Later in 2023, EPA expects to announce the notice of funding opportunity for Phase 2, including $4.6 billion for implementation of actions included in these plans, with applications due in the first quarter of calendar year 2024.
For further information:
https://www.epa.gov/system/files/documents/2023-05/NOIP%20Status%20Lists_0.pdf
and
https://www.epa.gov/inflation-reduction-act/climate-pollution-reduction-grants