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February 18-24, 2023
In this week's issue:
- NACAA Expresses Concerns with EPA’s Ethylene Oxide Public Outreach Effort (February 22, 2023)
- EPA Publishes Air Toxics Standards for Miscellaneous Coating Manufacturing (February 22, 2023)
- EPA Publishes Final Amendments to NESHAP and NSPS for Lead Acid Battery Manufacturing (February23, 2023)
- EPA Proposes Update to Ozone Measurement Method (February 15, 2023)
- EPA Publishes Proposed Startup, Shutdown and Malfunction SIP Calls in Federal Register (February 15, 2023)
- Administrator’s Enforcement Oversight Memo Highlights Civil Rights Priorities (February 17, 2023)
- PFAS Exposure Linked to Developmental Disorders in Children, Teens (February 22, 2023)
- Methane Venting, Flaring Hits Records in 2022 Despite High Gas Prices (February 22, 2023)
This Week in Review
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NACAA has written a letter to EPA providing feedback about the community engagement and risk communication effort that EPA undertook in 2022 related to emissions of ethylene oxide (EtO) from commercial sterilizers and offering recommendations for future outreach activities. NACAA noted the importance of federal action to ameliorate the risks from EtO emissions, particularly in overburdened areas, and of providing the public with quality data about the risks and exposures they face from emissions of hazardous air pollutants. However, EPA’s community-outreach effort in 2022 was flawed because it did not treat state and local air agencies as partners by seeking advance input on the outreach strategy or sufficiently responding to their issues with the data EPA planned to share. NACAA also expressed concern with some of EPA’s specific EtO data and its interactions with some of the facilities. NACAA expressed the hope that valuable lessons were learned that will improve EPA’s future public outreach efforts, to include better consultation, coordination and communication with state and local co-regulators.
For further information:
https://www.4cleanair.org/wp-content/uploads/NACAACommentsonEtOPublicOutreach-02222023.pdf
EPA has published in the Federal Register a final air toxics Risk and Technology Review (RTR) rule for the Miscellaneous Coating Manufacturing source category (88 Fed.Reg. 10842). EPA first promulgated RTR standards for the source category in August 2020, but has added amendments to finalize the inorganic hazardous air pollutant (HAP) standards for process vessels. EPA’s review of the source category resulted in amendments to address unregulated emissions and established Maximum Achievable Control Technology (MACT) standards for inorganic HAPs. Specifically, the MACT sets particulate matter emissions standards and requires demonstrations of ongoing compliance via monitoring of control devices. EPA reports that there are 42 major sources in the category.
For further information: https://www.govinfo.gov/content/pkg/FR-2023-02-22/pdf/2023-03562.pdf
EPA has published in the Federal Register final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Lead Acid Battery Manufacturing Area Sources and the New Source Performance Standards (NSPS) for Lead Acid Battery Manufacturing Plants, which had been announced on February 7, 2023 (88 Fed.Reg. 11556). The source category includes plants that produce lead acid batteries and their processes, including grid casting, paste mixing, lead oxide manufacturing, three-process operations (battery assembly) and lead reclamation. The source category includes 40 facilities, 39 of which are area sources and are covered by both the NESHAP and the NSPS. The revisions to the rules include technology improvements in the NESHAP and NSPS and changes to the applicability provisions for the area source NESHAP.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-02-23/pdf/2023-02989.pdf
and
EPA published in the Federal Register (88 Fed. Reg. 11,835) a proposed rule to update a standard parameter, called the “absorption cross-section value,” used to measure atmospheric ozone. The new value, which is a consensus-based recommendation of an international working group, is 1.2% lower than the current value in 40 C.F.R. part 50, appendix D (established in 1961), and reduces the uncertainty in the value to 0.31%. It is currently being implemented worldwide, with a target date of January 1, 2024 for full implementation. EPA observes in the proposal that this update could result in increases in measured ozone concentrations, but the agency “believes it is unlikely that the proposed cross section change will have a measurable, predictable influence on any given ozone design value or monitoring data set.” The proposed update to the cross-section value, EPA says, “represents a more accurate value with less uncertainty” and “an advancement and improvement in the UV photometer measurement method.” Comments on the proposal are due by March 27, 2023.
For further information: https://www.govinfo.gov/content/pkg/FR-2023-02-24/pdf/2023-03578.pdf
and
https://www.epa.gov/amtic/proposed-rulemaking-40-cfr-part-50-appendix-d
EPA published in the Federal Register (88 Fed. Reg. 11,842) proposed actions relating to ten State Implementation Plans (SIPs) for provisions addressing emissions that occur during periods of startup, shutdown and malfunction (SSM). The actions are consistent with the SSM policy announced in EPA’s 2015 “SSM SIP Action,” which was withdrawn in 2020 but reinstated in a September 20, 2021 memorandum. Under that policy, SIP provisions cannot include exemptions or provide affirmative defenses for excess emissions during SSM events. EPA is now proposing to reinstate its findings of substantial inadequacy (SIP calls) that were withdrawn in 2020 for the states of Texas, North Carolina and Iowa. In addition, EPA is proposing to issue new findings of substantial inadequacy of SSM provisions and SIP calls to: Connecticut; Maine; Shelby County, TN; North Carolina; Bumcombe County, NC; Mecklenburg County, NC; Wisconsin; and Louisiana. If the SIP calls are finalized, the final action will set deadlines by which the affected state and local air agencies will have to submit revised SIPs; EPA is proposing a deadline of 18 months after the final findings are published. EPA says it is “committed to working with the affected air agencies to support the development and submission of their state plan revisions and to ensure continued progress toward cleaner air.” Comments on EPA’s proposed SSM SIP actions are due by April 25, 2023.
For further information: https://www.govinfo.gov/content/pkg/FR-2023-02-24/pdf/2023-03575.pdf
and
EPA Administrator Michael Regan has signed a final memorandum replacing the 2018 EPA policy on enforcement oversight, titled “Principles and Best Practices for Oversight of State Implementation and Enforcement of Federal Environmental Laws”. The memo notes the different roles played federal and states and says that “This model of cooperative federalism does not mean that EPA no longer has responsibilities for or defers to states regarding federal programs implemented by the states. Rather, cooperative federalism means that states and EPA as co-regulators have a shared commitment to work together to protect human health and the environment, taking advantage of the strengths and capabilities of both federal and state authorities.” It outlines the oversight responsibilities of the federal government and highlights the importance of the regional offices in coordinating with the states; it says that ‘While a state may ultimately disagree with an Agency decision, strategic objective, or resource allocation, the Agency remains committed to engaging our state partners to solicit their views, find common ground to the greatest extent practicable, and communicate throughout the decision-making process.” EPA notes that in enforcement, states should collect, maintain, and share data with EPA about environmental outcomes, compliance and enforcement actions, and other activities the Agency may need to conduct effective oversight. It also calls on states to share best practices and innovative approaches. The memo articulates places where the federal government will lead, including nationally prioritized issues and initiatives, emergencies, and at the request of the states. Finally, the memo outlines compliance with civil rights law as a federal priority for its oversight.
For further information:
https://www.4cleanair.org/wp-content/uploads/AD-Regan-Final-Oversight-Memo.pdf
A new study in the journal Environmental Health Perspective by researchers in California finds that per- and polyfluoroalkyl substances (PFAS) interferes with several critical biological processes in children and teens. The study, titled “Metabolic Signatures of Youth Exposure to Mixtures of Per- and Polyfluoroalkyl Substances: A Multi-Cohort Study” adds new concerns for PFAS exposure, which are already linked to illnesses like thyroid disease, testicular cancer and kidney cancer in adults. The study finds that the disruption of amino acid processes before and during puberty can increase susceptibility to a variety of illnesses, such as developmental disorders, cardiovascular disease, cancer and diabetes later in life.
For further information:
The latest update of the International Energy Agency’s (IEA) annual Global Methane Tracker report finds that the oil and gas industry was responsible for methane emissions in 2022 only slightly below the record highs seen in 2019. The report finds that 135 million tons of methane from oil and gas alone could be reduced by 75% with existing technologies, in particular, ending non-emergency venting and flaring of natural gas and methane. IEA’s report said that with record-high gas global prices, routing flared and vented gas to markets would be particularly cost effective in recent months, and that three-quarters of this could be retained and brought to market using commonly used policies and technologies. IEA reported that the captured methane would amount to more than the European Union’s total annual gas imports from Russia prior to the invasion of Ukraine.
For further information: