January 6-12, 2024
In this week's issue:
- NACAA Testifies in Support of Waiver of Preemption for California’s Advanced Clean Cars II Regulation (January 10, 2024)
- EPA Publishes Proposed Rule to Clarify Scope of “Applicable Requirements” Under Title V Operating Permits Program (January 9, 2024)
- EPA Proposes Regulations for Large Municipal Waste Combustors (January 11, 2024)
- EPA Drafts New Emission Factors for Municipal Solid Waste Landfills (January 12, 2024)
- U.S. Government and California Propose Consent Decrees to Settle Claims Against Cummins for Use of Illegal Vehicle Emission Control Defeat Devices (January 10, 2024)
- EPA Awards Nearly $1 Billion in Clean School Bus Grants (January 8, 2024)
- EPA Seeks Comment on New Tools to Help States and Local Areas Implement 2016 Exceptional Events Rule (January 11, 2024)
- EPA Adds Seven PFAS to TRI Reporting List (January 9, 2024)
- Democrats Oppose Clean Energy Cuts In 2024 DOE Appropriations (January 12, 2024)
- Refrigerant Companies’ Suit Seeks To Block EPA HFC Reduction Programs (January 8, 2024)
- It’s Official: 2023 Hottest Year Yet, Even As US GHG Emissions Declined (January 10, 2024)
This Week in Review
Tracy Babbidge (CT), Co-Chair of the NACAA Mobile Sources and Fuels Committee, testified on behalf of NACAA at EPA’s public hearing on the California Air Resources Board’s (CARB’s) request for a waiver of preemption for the state’s Advanced Clean Cars II (ACC II) Regulation. In the testimony, NACAA offered support for full and prompt approval by EPA of CARB’s waiver request citing the association’s long-held position in strong support of California’s authorities under Clean Air Act (CAA) Section 209 (and EPA’s approval of waiver requests by California) and other states’ authorities under Section 177 – priority positions that were re-emphasized in NACAA’s January 15, 2021, transition paper and recommendations for the Biden-Harris Administration
For further information:
and
and
EPA published in the Federal Register (89 Fed. Reg. 1150) a proposed rule to update the Clean Air Act’s Title V operating permit program regulations to clarify EPA’s interpretations and policies concerning when and whether “applicable requirements” established under different sections of the CAA should be reviewed, modified, and/or implemented through the Title V permitting program. The proposed rule would guide EPA’s review of Title V permits issued by state and local permitting authorities; specifically, its authority to object to proposed permits if they do not assure compliance with “applicable requirements” of the CAA, and to its review of citizen petitions to object to a Title V permit in cases where EPA does not object on its own. In particular, the proposal would clarify the “limited” situations under which EPA will review New Source Review (NSR) preconstruction permitting program requirements under its Title V oversight authorities. The agency proposes to codify the approach that it has implemented on a case-by-case basis since 2017 (beginning with the PacifiCorp-Hunter I and Big River Steel Title V orders), which is: provided a source obtains an NSR permit under EPA-approved (or EPA-promulgated) title I rules, with public notice and the opportunity for comment and judicial review, EPA will not revisit those NSR decisions through the Title V process. EPA is also soliciting comment on alternative approaches that would involve using Title V to review NSR decisions in more situations. The proposed rule would also clarify that requirements related to the general duty to prevent accidental releases of hazardous substances are not “applicable requirements” for Title V purposes. Public comments on the proposed rule are due by March 11, 2024.
For further information:
https://www.govinfo.gov/content/pkg/FR-2024-01-09/pdf/2023-27759.pdf
and
https://www.epa.gov/title-v-operating-permits/current-regulations-and-regulatory-actions
EPA has proposed amendments to the standards for Large Municipal Waste Combustors (LMWC), which the agency expects will reduce emissions by 14,000 tons per year of nine pollutants: particulate matter, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury and dioxins/furans. The proposed changes, pursuant to Section 129 of the Clean Air Act, will be to the New Source Performance Standards for new combustors and Emission Guidelines for existing sources in the category, which were established originally in 1995. EPA is required to reevaluate the standards every five years to account for developments in pollution controls, although the regulations for LMWC have not been amended since 2006. The proposal would revise all emission limits for new and existing sources, except for carbon monoxide limits for two subcategories of existing sources. Additionally, EPA is proposing to remove exemptions for startup, shutdown and malfunction; clarify Title V requirements for certain air curtain incinerators; call for electronic reporting for certain notifications and reports; revise recordkeeping requirements; close out a 2007 reconsideration request; and make other technical edits and clarifications. The proposed standards will affect 57 facilities with 152 units (in 13 states) that have the capacity to combust over 250 tons per day of municipal solid waste. Twenty-two of the facilities are municipally owned/operated sources. The measure has been issued pursuant to a consent decree that required a proposal to be issued by December 31, 2023 and a final rule by November 30, 2024. There will be a 60-day public comment period beginning with publication of the proposal in the Federal Register.
For further information:
and
https://www.4cleanair.org/wp-content/uploads/LMSWC-facilities_1-11-24.pdf
EPA’s Measurement Policy Group, which periodically reviews and if necessary revises emission factors for WebFIRE and AP-42, released three new draft emission factors for Municipal Solid Waste Landfills (AP-42 Chapter 2, Section 4). The agency also reviewed and elected not to revise three existing emission factors in this section. The draft factors, underlying data and updated draft section of AP-42 are available for public review on EPA’s website. EPA will accept public comments on the draft factors by email through February 26, 2024.
For further information:
The U.S. Department of Justice (DOJ), EPA, California Attorney General’s (AG’s) Office and California Air Resources Board (CARB) announced a joint consent decree and California announced an additional proposed partial consent decree, both with Cummins, Inc., to settle claims that the engine manufacturer violated the Clean Air Act and California law by installing illegal “defeat devices” on 630,000 Dodge Ram pickup trucks as well as undisclosed and unapproved auxiliary emission control devices on those trucks plus and an additional 330,000 (see related article in the December 16-22, 2023, Washington Update). This “cheating” by Cummins took place between 2013 and 2023 and resulted in tremendous quantities of excess, harmful NOx emissions from the affected vehicles. DOJ has indicated that preliminary estimates suggest these excess NOx emissions amount to thousands of tons for some truck engines. Under the proposed consent decrees, Cummins will pay a $1.675-billion civil penalty to EPA – the largest-ever civil penalty under the Clean Air Act – and, at an estimated cost of $325 million, conduct a recall program to remove and replace the illegal devices and conduct various mitigation measures. To settle claims by California, Cummins will pay $164 million in penalties to CARB, $33 million to the California AG’s Office for committing environmental violations and engaging in unfair business practices and an additional $175 million to CARB for mitigation programs to reduce the excess NOx emission. Dr. Steven Cliff, Executive Officer of CARB, said of the settlement, “The collaboration between California and its federal partners makes it clear that companies will be held accountable for violating essential environmental laws that are in place to provide the clean air that communities across California and the nation want and deserve. California’s air quality regulations protect public health and are backed by a world-class emissions testing laboratory that ensures CARB’s enforcement efforts are rigorously supported with data and science, which CARB was pleased to contribute to this landmark case.” David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, stated, “Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution. This record-breaking Clean Air Act penalty demonstrates that EPA is committed to holding polluters accountable and ensuring that companies pay a steep price when they break the law.”
For further information:
and
and
https://www.epa.gov/enforcement/2024-cummins-inc-vehicle-emission-control-violations-settlement
and
and
EPA announced the outcome of its Clean School Bus grants competition under which the agency awarded grants totaling nearly $1 billion to 67 awardees. In all, these grants will fund 2,700 school buses serving 7 million children in 280 school districts located in 37 states. In a press statement about the awards Vice President Kamala Harris is quoted as saying, “Every school day, 25 million children ride our nation’s largest form of mass transit: the school bus. The vast majority of those buses run on diesel, exposing students, teachers, and bus drivers to toxic air pollution. Today, we are announcing nearly $1 billion to fund clean school buses across the nation. As part of our work to tackle the climate crisis, the historic funding we are announcing today is an investment in our children, their health, and their education. It also strengthens our economy by investing in American manufacturing and America’s workforce.”
For further information:
and
https://www.epa.gov/cleanschoolbus/clean-school-bus-program-awards#awarded-grants
EPA held an informational webinar to overview a set of three new draft tools and documents intended to help states and local areas implement the 2016 Exceptional Events (EE) Rule: 1) a series of data visualization tools to help agencies identify event-influenced data and regulatory significance; 2) a “tiering” document focused on EE demonstrations related to wildland fires and PM2.5; and a PM2.5 and wildland prescribed fire demonstration. The third item – the PM2.5 and wildland prescribed fire demonstration for Grass Valley, CA – was developed by the Northern Sierra Air Quality Management District and the California Air Resources Board and underwent a public review and comment period that ended on December 29, 2023. Once EPA acts on the demonstration the agency will make it publicly available as a resources for others developing such demonstrations. EPA will accept public comments – through February 2, 2024 – on the data visualization tools, the PM2.5 Wildland Fire Exceptional Events Tiering Document and implementation of the 2016 EE Rule with respect to PM from wildland fire, including comments related to process issues and overarching EE policy issues reflected in the Grass Valley demonstration. EPA has established a non-regulatory docket – EPA-HQ-OAR-2023-0586, available on regulations.gov – to which all comments should be directly submitted.
For further information:
https://www.epa.gov/system/files/documents/2024-01/ee-action-tools-webinar-2024_final2.pdf (webinar slides)
and
https://www.epa.gov/air-quality-analysis/treatment-air-quality-monitoring-data-influenced-exceptional-events (EPA’s “Treatment of Air Quality Monitoring Data Influenced by EEs” webpage)
and
https://www.epa.gov/air-quality-analysis/exceptional-events-analysis-and-visualization-tools (EE analysis and visualization tools)
and
https://www.regulations.gov/docket/EPA-HQ-OAR-2023-0586
(EPA’s nonregulatory docket; the tiering document will also be posted here)
and
https://myairdistrict.com/wp-content/uploads/2023/11/Grass-Valley-Rx-Fire-EE-Demo_Final_ForPublicComment_20231116.pdf (draft Grass Valley EE demonstration)
and
(EPA’s “The Final 2016 EE Rule, Supporting Guidance and Documents, Updated FAQs, and Other Rule Implementation Resources” webpage)
EPA has announced that it is adding seven per- and polyfluoroalkyl substances (PFAS) to the list of those required to be reported to the Toxics Release Inventory (TRI) for 2024. These additional substances bring the list of PFAS included in the TRI to 196. The inclusion of the substances is mandated under the FY 2020 National Defense Authorization Act, which calls for the automatic addition of PFAS to the TRI list each year. Specifically, as EPA finalizes toxicity values for PFAS, they are to be added to the TRI, which is the case for six of the seven substances being included for the reporting year 2024. The seventh substance is one that was previously excluded because it was protected under confidential business information provisions. That substance is no longer confidential, so it is being added to the list. Affected facilities must begin tracking their manufacture, processing, use and releases of the seven PFAS as of January 1, 2024, with reporting forms due by July 1, 2025.
For further information:
Forty-nine members of the U.S. House of Representatives have written a letter to the U.S. House and U.S. Senate Appropriations Committees urging them to abandon proposed cuts to the U.S. Department of Energy (DOE) that would reduce funding for DOE’s Office of Energy Efficiency and Renewable Energy by $466 million and prohibit it from issuing new standards on a range of appliances, including gas stoves, distribution transformers and air conditioners. Led by Reps. Doris Matsui (D-CA), Debbie Dingell (D-MI) and Kathy Castor (D-FL), the letter opposes provisions in House Republicans’ Energy-Water appropriations bill (H.R. 4394). “If Congress reversed or halted energy conservation standards, Americans would lose money, our energy and national security would suffer, and more pollution would warm our climate and harm public health,” the lawmakers wrote. DOE is among the agencies that Congress must reach a deal by January 19, 2024 to avert a shutdown; funding for EPA and other agencies are subject to a funding deal deadline of February 2, 2024.
For further information:
https://www.4cleanair.org/wp-content/uploads/dems-energy-efficiency-letter.pdf
and
https://www.congress.gov/bill/118th-congress/house-bill/4394
In opening briefs, two refrigerant companies suing EPA have argued for the U. S. Court of Appeals for the D.C. Circuit to void part of the American Innovation and Manufacturing Act of 2020 (AIM Act). The AIM Act requires EPA to implement programs reducing hydrofluorocarbons (HFCs), a potent greenhouse gas (GHG). EPA has issued two rules implementing the AIM Act, one on October 5, 2021 establishing implementation programs and the allocation methodology for allowances (Docket No. EPA-HQ-OAR-2021-0044; 88 Fed. Reg. 55116) and one on July 20, 2023 establishing allowance allocation for years 2024 and beyond (Docket No. EPA-HQ-OAR-2022-0430; 88 Fed. Reg. 46836), which is the subject of the consolidated suit (USCA Case No. 23-1263). In its opening brief, Choice Refrigerants argues that the AIM Act does not allow EPA to determine which market participants should receive the allowances needed to continue in the refrigerants business; another petitioner in the consolidated case, IGas Inc., argues that EPA’s decision to exclude 2020 market data from the 2024 Rule’s methodology for calculating the 2024–2028 consumption allowances was arbitrary and capricious.
For further information:
and
https://www.4cleanair.org/wp-content/uploads/1783000-1783288-igas.pdf
and
and
Exceeding forecasts, temperature records released this week show that 2023 was the hottest year ever recorded. Average global surface temperatures rose nearly 0.2°C above the previous record, set in 2016, to 1.48°C over preindustrial levels, according to the European Union’s Copernicus Climate Change Service. Average air temperatures for 2023 equaled or exceeded the warmest on record over all ocean basins and all continents except Australia. July and August were the hottest months ever recorded, and very day in 2023 exceeded 1°C above the 1850-1900 pre-industrial level, for the first time. Roughly 50 percent of days were more than 1.5°C warmer than the 1850-1900 level, and two days in November were, for the first time, more than 2°C warmer. While climate models forecast that 2023 would be warmer than the average due to a “combination of continued climate warming and an occurrence of El Niño”, the anomalous, record-setting global temperatures exceeded most models’ predictions, for reasons still under scientific investigation. While temperatures soared, analysis by the Rhodium Group, a consulting firm, shows that in the U.S., GHG emissions declined 1.9 percent in the U.S. in 2023 despite 2.4 percent economic growth for the country in 2023. Decreased GHG emissions in the power, residential and commercial sectors offset increased emissions in the transportation and industrial sectors in 2023. Rhodium estimated that the U.S. still needs to more than triple its rate of emissions decline and sustain that each year until 2030 to reach its goals under the Paris Climate Agreement, which aim to limit global average temperature rise to no more than 2°C.
For further information:
https://climate.copernicus.eu/global-climate-highlights-2023
and