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August 13-19, 2022
In this week's issue:
- President Biden Signs Inflation Reduction Act, NACAA Briefing Summary Report Details Provisions Relevant to Clean Air Agencies (August 16, 2022)
- Researchers Release Analysis of Data on Air Pollution Exposures and Associated Health Impacts in Over 7,000 Cities Around the World (August 16, 2022)
- Bipartisan House Bill Would Support Growth of Sustainable Aviation Fuel (August 16, 2022)
- EPA Science Advisory Board Forming CASTNET Review Panel (August 19, 2022)
- Inspector General to Review OECA Handling of Criminal Evidence (August 15, 2022)
- EPA Proposes Amendments to Risk Management Program under Section 112(r) (August 19, 2022)
This Week in Review
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President Biden has signed the Inflation Reduction Act (IRA) into law. The law (H.R. 5373) includes $369 billion in proposed investments to address clean air and climate issues, including hundreds of millions in funds that state and local clean air agencies can use to address climate change, clean technologies, emission reductions and environmental justice. It also includes billions of dollars that advance clean air agency goals, programs, and missions. NACAA has issued a summary briefing that summarizes the provisions that are relevant to clean air agencies that builds on the involvement the association had in advancing those provisions in the development and passage of the law. The White House has also issued a series of state-by-state factsheets detailing benefits and provisions affecting each state. The U.S. Senate passed the IRA on August 7, 2022 on a vote of 51-50 and the U.S. House passed the bill on August 12, 2022 with a vote of 220-207, using the budget reconciliation process. There were no Republican “yes” votes in either chamber of Congress. At a signing ceremony for the IRA, President Biden said “for a while, people doubted whether any of that was going to happen. But we are in a season of substance.” For further information:
https://www.4cleanair.org/wp-content/uploads/NACAA-Summary-_-The-Inflation-Reduction-Act_of_2022.pdf and https://www.congress.gov/bill/117th-congress/house-bill/5376 and https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/17/state-fact-sheets-how-the-inflation-reduction-act-lowers-energy-costs-create-jobs-and-tackles-climate-change-across-america/ and https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/08/16/remarks-by-president-biden-at-signing-of-h-r-5376-the-inflation-reduction-act-of-2022/
The Health Effects Institute (HEI) published a report detailing how the biggest cities and urban areas in the world “face some of the worst air quality on the planet.” In Air Quality and Health in Cities, released under HEI’s State of Global Air Initiative, researchers provide a comprehensive and detailed analysis of 2010 to 2019 air pollution levels and related health impacts in 7,239 cities worldwide, with a focus on fine particulate matter (PM2.5) and nitrogen dioxide (NO2). Among their findings: In 2019, 1.7 million deaths linked to PM2.5 occurred in the cities covered by the analysis, with the greatest health impacts from PM2.5 exposures occurring in Asia, Africa and Eastern and Central Europe. In 2019, 86 percent of the covered cities exceeded the World Health Organization’s 10-microgram-per-cubic-meter guideline for annual NO2 exposure, affecting approximately 2.6 billion people. (HEI notes that PM2.5 levels have tended to draw more attention to hotspots around the world because less data has been available for NO2 on a global scale.) The researchers also report, based on 2010 to 2019 data, that global exposure patterns for PM2.5 and NO2 are quite different. Exposure to PM2.5 tends to be higher in cities in low- and middle-income countries while exposure to NO2 is high in low-, medium- and high-income countries. Among the conclusions of the HEI researchers is that ”[t]houghtful interventions and investments to improve air quality can bring significant health and economic dividends.” Further, “[i]ncreasing public awareness of air pollution and its impacts is an essential step in reducing air pollution and improving public health. City residents and leaders need the highest quality scientific information about air pollution trends, sources, and impacts to implement data-driven clean air actions to build a cleaner, healthier future. This report and its companion website provide current, comparable, and comprehensive information on pollutant levels and health impacts in cities throughout the world.” The HEI report is accompanied by an interactive website with tools that can be used to explore, compare and download data and graphics.
For further information: https://www.stateofglobalair.org/sites/default/files/documents/2022-08/2022-soga-cities-report.pdf, https://www.stateofglobalair.org/resources/health-in-cities and https://www.stateofglobalair.org/
Rep. Nikema Williams (D-GA) introduced the Aviation Emissions Reduction Opportunity (AERO) Act, legislation intended to reduce air pollution, stimulate clean energy job growth and spur innovation across the nation. Under the bill, $1.5 billion in grant funding would be provided over five years to support Sustainable Aviation Fuel (SAF), as well as technology to reduce aviation noise, with the goal of moving the aviation sector toward net-zero emissions. Among the types of U.S. projects that could be funded are ones to produce, blend, transport or store SAF or develop, demonstrate or apply low-emission aviation technologies. The bill would require the use of U.S.-produced iron, steel, manufactured products and construction materials. The Inflation Reduction Act (IRA) signed into law by President Biden this week includes a new tax credit of $1.25 per gallon to support the sale and use of SAF that achieves a 50-percent reduction in greenhouse gas (GHG) emissions; an additional 1 cent per gallon would be added for each percentage point by which the fuel’s lifecycle GHG emissions reduction exceeds 50 percent, with a $1.75-per-gallon cap on the total tax credit. Rep. Williams has noted that the AERO Act will build on the IRA and “provide long-term funding for programs that create cleaner skies, quieter neighborhoods, and good-paying union jobs.” The Aero Act is co-sponsored by Reps. Rick Larsen (D-WA) and Brian Fitzpatrick (R-PA).
For further information: https://d12t4t5x3vyizu.cloudfront.net/nikemawilliams.house.gov/uploads/2022/08/AERO-Act-Text.pdf and https://nikemawilliams.house.gov/posts/congresswoman-nikema-williams-colleagues-introduce-bipartisan-legislation-to-make-aviation-more-environmentally-friendly
EPA’s chartered Science Advisory Board (SAB) is soliciting nominations for scientific experts to serve on a panel to review the Clean Air Status and Trends (CASTNET) monitoring work. CASTNET is a national, long-term monitoring network that provides data to characterize ambient pollutant concentrations in rural areas, estimate atmospheric deposition of air pollutants and quantify their ecological effects, and assess the effectiveness of EPA air quality programs. It is operated by EPA’s Office of Atmospheric Programs in cooperation with the National Park Service, Bureau of Land Management, and other federal, state, local and tribal partners. The CASTNET panel is being formed at the request of EPA’s Office of Air and Radiation to review the “history, operation, contributions, and options for future operation” of CASTNET and “to offer advice regarding the future of this monitoring network.” Recently, the network has experienced fiscal constraints that resulted in the closure of 11 sites in May 2022. The request for nominations for the CASTNET review panel (87 Fed. Reg. 51,090) indicates that the SAB Staff Office is seeking “nationally and internationally recognized scientists” to serve on the panel, with expertise in the disciplines of atmospheric sciences, air quality monitoring, atmospheric modeling, atmospheric chemistry, ecology, geostatistics, biochemical cycling and climate change. SAB is particularly interested in individuals with documented experience with atmospheric chemical and particle wet and dry deposition; nitrogen impacts in ecosystems; critical loads; climate change impacts on air quality; differences in rural and urban air quality; photochemistry; atmospheric ammonia measurements, modeling and emission inventories; analysis of long-term environmental trends; forest ecology; soil chemistry; stream and lake chemistry; and biological monitoring of acid-sensitive species. The deadline for nominations is September 9; self-nominations are permitted.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-08-19/pdf/2022-17871.pdf
EPA’s Office of Inspector General (OIG) has begun a process to review EPA’s “collection, retention, and production of mandatory criminal discovery material”. In a letter signed by Patrick Gilbride, Director of Implementation, Execution and Enforcement for OIG, to Larry Starfield, the Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA), the office asked OECA to provide a list of its closed criminal cases since 2016 that were referred to the Justice Department as well as OECA’s policies and procedures for handling evidence. This review was included in OIG’s 2022 Oversight Plan.
For further information: https://www.epa.gov/office-inspector-general/notification-epas-handling-criminal-discovery And https://www.epa.gov/office-inspector-general/report-fiscal-year-2022-oversight-plan
EPA has announced proposed changes to the Risk Management Program (RMP) under Section 112(r) of the Clean Air Act that would include the reinstatement of certain measures included in a previous version of the rule. The RMP, which covers 140 regulated substances and applies to nearly 12,000 facilities nationwide, was amended in 2017 under the Obama administration with the addition of more stringent measures. Subsequently, Trump administration changed the rule again in 2019, rescinding some of the 2017 measures. This latest proposal, called the “Safer Communities by Chemical Accident Prevention,” includes some of the provisions from the 2017 version and others. Among the provisions in the proposal are the following: evaluation of natural hazards and power loss in a facility’s RMP; consideration of the siting of new facilities to provide greater protection; safer technologies and alternatives analyses; root cause analyses and third-party audits for facilities with prior incidents; improved employee engagement, including anonymous reporting; enhanced community notification of chemical releases; and enhanced availability of chemical information. In addition to those measures, EPA is seeking comment on provisions for near-miss analysis and monitoring for fenceline communities. Once the proposal is published in the Federal Register, there will be a 60-day comment period. During that time, EPA plans to hold public meetings on the proposal in late September. The final rule is expected in August 2023.
For further information: https://www.epa.gov/rmp/risk-management-program-safer-communities-chemical-accident-prevention-proposed-rule