July 6-12, 2022
In this week's issue:
- EPA Announces Final Policy for Coordinating with States on Enforcement and Compliance Assurance (July 11, 2019)
- In Speech Extolling American Environmental Leadership, President Trump Touts America’s “Cleanest Air on Record” (July 8, 2019)
- EPA Announces Proposed RFS Volume Requirements for 2020 (July 5, 2019)
- Twenty-Four Governors Sign “Nation’s Clean Car Promise” (July 9, 2019)
- Free Market Coalition Tells President Trump to “Stay the Course” on Light-Duty Vehicle Rollback Rule (July 11, 2019)
- EPA Publishes Final ACE Rule in Federal Register (July 8, 2019)
- Public Health Groups Challenge EPA’s ACE Rule (July 8, 2019)
- Republican “Roosevelt Conservation Caucus” Spells out Climate Priorities (July 10, 2019)
- Senator Sanders and Reps. Blumenauer and Ocasio-Cortez Introduce Climate Emergency Resolution (July 9, 2019)
- Senators Markey and Carper Introduce Bill to Reduce Carbon Emissions from National Highway System (July 10, 2019)
- Petitioners File Reply Briefs in Litigation Challenging CSAPR Close-Out Rule (July 11, 2019)
- FDA Updates Fish Consumption Advice Related to Mercury (July 9, 2019)
- EPA Releases 2017 Emissions Data for Voluntary Methane Reduction Program (July 11, 2019)
This Week in Review
EPA finalized a policy developed with the Environmental Council of the States that sets procedures for how the agency will coordinate with states in civil enforcement and compliance assurance work. In January 2019, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum with interim guidance, and in May 2019 published a memorandum for comment in the Federal Register. This July 2019 policy is the product of that effort and replaces the January 2018 guidance. It is divided into three sections that describe planning and implementation procedures, the respective roles of state and federal offices, and the procedures for elevating any issues. Foundational to the planning section is the “no surprises principle,” whereby EPA will inform the state agency prior to informing a violator of any action or performing an inspection, and share information requests and inspection notices concurrently. EPA states that it “expects the states to respond in kind.” The policy also notes that “EPA regions and the states should avoid duplicative or overlapping inspections that would lead them to inspect the same facility for the same regulatory requirements within the same twelve month period.” In delineating roles, OECA provides examples where it would be involved, including where invited by the state agency, where the action is part of a National Compliance Initiative, in emergency situations, when a state has not acted in a timely manner, for multi-state issues, or where the state agency lacks expertise or resources, among others. The third section outlines the process for elevating issues but asserts that issues “should be resolved whenever possible at the EPA and state career management level.” Although the document does not reference local agencies, OECA has said that it will follow these practices when working with local governments, territories, and tribes that have received approval to implement federal programs.
For further information: https://www.epa.gov/sites/production/files/2019-07/documents/memoenhancingeffectivepartnerships.pdf and https://www.epa.gov/compliance/enhancing-effective-partnerships-between-epa-and-states-civil-enforcement-and-compliance
In a lengthy White House address highlighting environmental achievements that have occurred during his term in office, President Trump declared that his administration has, “from day one … made it a top priority to ensure that America has among the very cleanest air and cleanest water on the planet.” Flanked by EPA Administrator Andrew Wheeler, Cabinet Secretaries and other invited speakers, President Trump sought to emphasize that economic growth and environmental protection can occur simultaneously – a proposition, he claimed, with which previous administrations did not concur. “For years, politicians told Americans that a strong economy and a vibrant energy sector were incompatible with a healthy environment. In other words, one thing doesn’t go with the other. And that’s wrong because we’re proving the exact opposite,” the President declared. Specifically with respect to air pollution, President Trump noted, “One of the main messages of air pollution — particulate matter — is six times lower here than the global average. So we hear so much about some countries and what everyone is doing. We’re six times lower than the average. That’s a tremendous number.” Furthermore, he declared, “Since 2000, our nation’s energy-related carbon emissions have declined more than any other country on Earth. … Emissions are projected to drop in 2019 and 2020. We’re doing a very tough job and not everybody knows it, and that’s one of the reasons we’re here today to speak to you.” The President also highlighted his emphasis on forest management as a solution to California wildfires. “[A] lot of people are looking at forest management,” he said. “It’s a word that people didn’t understand last year. Now they’re getting it. And you don’t have to have any forest fires. … When I went to California, they sort of scoffed at me for the first two weeks… And after about five weeks, they said, ‘You know, he’s right. He’s right.’” Administrator Wheeler later came to the podium to share more statistics, including reductions in air pollution that have occurred since 1970. “From 1970 to 2018, U.S. criteria air pollution fell 74 percent, while the economy grew by 275 percent. Under your [Trump’s] administration, emissions of all the criteria air pollutants continue to decline,” Wheeler observed. “For example, the lead and sulfur dioxide have dropped by double-digit percentages over the last two years. Today, we have the cleanest air on record… .” Wrapping up his remarks, Wheeler stated, “We’re making tremendous environmental progress under President Trump, and the public needs to know that. Pollution is on the decline, and our focus is to accelerate its decline, particularly in the most at-risk communities.” President Trump concluded with the following statement: “We have only one America. We have only one planet. That’s why, every day of my presidency, we will fight for a cleaner environment and a better quality of life for every one of our great citizens. Above all, we will remain loyal to the American people and be faithful stewards of God’s glorious creation, from sea to shining sea.”
For further information: https://www.whitehouse.gov/briefings-statements/remarks-president-trump-americas-environmental-leadership/ (transcript) and https://www.epa.gov/sites/production/files/2019-07/documents/epa_accomplishments_fact_sheet_july_2019_s.pdf (EPA handout on environmental achievements under President Trump)
EPA announced proposed renewable fuel volume requirements under the Renewable Fuel Standard (RFS) program for total renewable fuel, advanced biofuel and cellulosic biofuel in 2020 and for biomass-based diesel in 2021. Under the proposal, the 2020 total renewable fuel volume would increase to 20.04 billion gallons (from the EPA-established 2019 volume requirement of 19.92 billion gallons), advanced biofuel would increase to 5.04 billion gallons (from 4.92 billion gallons) and cellulosic biofuel would increase to 0.54 billion gallons (from 0.42 billion gallons). Biomass-based diesel in 2021 would remain at 2.43 billion gallons. EPA indicates that it is relying on its statutory waiver authority to propose volume requirements for total renewable fuel, advanced biofuel and cellulosic biofuel that are below the statutory volume targets because projected cellulosic biofuel production volume is less than the applicable volume identified in the statute. In this action, EPA also proposes to address the remand to the agency, by the U.S. Court of Appeals for the District of Columbia Circuit, of the 2016 RFS volume requirement rule by retaining the original 2016 required volumes. In addition, the agency says it is proposing some regulatory changes to the RFS program “to facilitate the implementation of this program in going forward including new pathways, flexibilities for regulated parties, and clarification of existing regulations.” EPA has indicated that once this proposal is published in the Federal Register a comment period will commence and remain open until 30 days following the public hearing, the date and location of which will be announced in a supplemental Federal Register notice. EPA is required to finalize the renewable fuel volume requirements by November 30.
For further information: https://www.epa.gov/renewable-fuel-standard-program/proposed-volume-standards-2020-and-biomass-based-diesel-volume-2021
The United States Climate Alliance, a bipartisan coalition of 24 governors, released the “Nation’s Clean Car Promise,” calling for one strong, national clean car standard and supporting the preservation of states’ authority to protect their citizens from motor vehicle pollution. In the “Nation’s Clean Car Promise,” the governors – 21 Democrats and three Republicans – say cleaner, more efficient transportation solutions are necessary to “truly address” climate change, which is “one of the foundational challenges of our time.” They commit to uniting “to ensure a strong, science-based national standard, in California and across the country.” Toward this end, the Alliance calls for a common-sense approach “that protects the role of states at the negotiating table” and sets a national standard that 1) “achieves continuous, meaningful annual reductions in greenhouse gasses and criteria pollutants while saving consumers money,” 2) “provides regulatory certainty and enhances the ability to invest and innovate by avoiding extended periods of litigation and instability” and 3) “preserves good jobs in the auto sector and keeps new vehicles affordable for more Americans.” This, say the signatories, “shows the world that America is a leader on transportation and environmental protection” and that “[w]e will not compromise on our responsibility to protect the health of our communities, our climate, and the savings consumers stand to gain at the pump.” They conclude by stating, “We will continue to pursue additional actions to fulfill this duty and defend against any threats.” Signing the “Nation’s Clean Car Promise” were the governors of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
For further information: https://static1.squarespace.com/static/5a4cfbfe18b27d4da21c9361/t/5d24ad4393429e0001badc20/1562684740094/Nations+Clean+Car+Promise+Statement.pdf
A group of 30 organizations that describes itself as a “nationwide free market coalition” sent a letter to President Trump thanking him and his Administration for their “strong stance on reforming federal fuel mandates” through its proposal to rollback light-duty vehicle fuel economy and greenhouse gas standards, and urging the President to “press forward fully with the pro-consumer proposed rule from last year and ignore calls to capitulate to threats from the State of California.” In its letter, the group asserts that the existing standards make cars more expensive, minimize consumer choice and give California a disproportionate say. The group further opines that “rewarding California for its intransigence will encourage more overreach” and that the argument recently put forward by automakers in a letter to the President (that the federal government and California return to the negotiating table and seek a compromise) is mistaken. “Ultimately, reforming the CAFE mandates is not about doing a favor for automakers, it is about helping average American consumers and restoring the proper balance between the states….Your administration’s proposed rulemaking goes a long way to correcting that imbalance. We urge you to stay the course,” the group says. Among the 30 organizations that signed the letter are Americans for Tax Reform, the Competitive Enterprise Institute, FreedomWorks and the Heartland Institute.
For further information: https://www.americanenergyalliance.org/wp-content/uploads/2019/07/CAFE-Coalition-Letter-July-11-2019-.pdf
EPA published in the Federal Register the final Affordable Clean Energy (ACE) rule repealing and replacing the Clean Power Plan (84 Fed. Reg. 32,520). The rule also includes changes to EPA’s implementing regulations for Clean Air Act Section 111(d) but does not take any final action on the changes to the New Source Review Program proposed in the draft ACE package. This final rule takes effect on September 6, 2019. In addition, the agency made available in the rulemaking docket a new trove of supporting documents, including responses to public comments on the rule’s new emission guidelines as well as changes to the Section 111(d) implementing regulations.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-07-08/pdf/2019-13507.pdf; https://www.regulations.gov/document?D=EPA-HQ-OAR-2017-0355-26741, and https://www.regulations.gov/document?D=EPA-HQ-OAR-2017-0355-26740.
The American Lung Association and American Public Health Association filed a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit challenging EPA’s Affordable Clean Energy (ACE) rule. The groups’ petition for review is the first formal legal challenge to the ACE rule and was filed the same day the final rule was published in the Federal Register. New York Attorney General Letitia James announced on June 16, the day EPA Administrator Andrew Wheeler signed the pre-publication version of the final rule, that her office intends to coordinate a legal challenge with other state governments, but they have not yet filed suit.
For further information: http://www.4cleanair.org/sites/default/files/Documents/ALA_v_EPA_19-1140_PFR.pdf and https://ag.ny.gov/press-release/statement-attorney-general-james-trump-epas-dirty-power-rule
The Roosevelt Conservation Caucus (RCC), a group of Senate and House Republicans formed to address environmental challenges, held a press event to release its policy agenda. The RCC is led in the Senate by co-chairs Lindsey Graham (R-SC) and Corey Gardener (R-CO) and in the House by co-chairs Brian Mast (R-FL) and Elise Stefanik (R-NY). According to a press release issued by Senator Graham’s office, “The RCC will embrace and promote constructive efforts to address environmental problems, responsibly plan for all market factors, and base policy decisions on science and quantifiable facts.” Among other things, the release goes on to emphasize technology innovations and entrepreneurship as the best way to address environmental challenges while achieving economic growth.
For further information: https://www.lgraham.senate.gov/public/index.cfm/press-releases?ID=EE72A53D-496E-48A2-8A40-418B92464754
Senator Bernie Sanders (I-VT) and Reps. Earl Blumenauer (D-OR) and Alexandria Ocasio-Cortez (D-NY) introduced a joint resolution in both congressional chambers to express “the sense of Congress that there is a climate emergency which demands a massive-scale mobilization.” The nine-page resolution largely enumerates key climate science findings, describing observed increases in the atmospheric concentration of greenhouse gases as well as in the frequency of extreme weather events and other climate-related disasters. The document also references observed and predicted climate-related health impacts compiled by the Centers for Disease Control and Prevention and the U.S Global Climate Change Research Program and lists some of the climate-based threats to national security identified by the Department of Defense. The resolution concludes with a demand for “a national, social, industrial, and economic mobilization of the resources and labor of the United States at a massive-scale to halt, reverse, mitigate, and prepare for the consequences of the climate emergency and to restore the climate for future generations.”
For further information: https://www.sanders.senate.gov/newsroom/press-releases/sanders-blumenauer-and-ocasio-cortez-announce-introduction-of-climate-emergency-resolution and https://www.congress.gov/bill/116th-congress/house-concurrent-resolution/52
Senators Edward Markey (D-MA) and Tom Carper (D-DE) introduced the Generating Resilient, Environmentally Exceptional National (GREEN) Streets Act to reduce greenhouse gas (GHG) emissions from the National Highway System (NHS). Citing the transportation sector’s 28-percent contribution to U.S. GHG emissions overall in 2016 (making it the largest contributor) and 83-percent contribution to transportation-related emissions Senator Markey stated that the nation must advance the goals of clean energy, climate progress and health communities and “fortify” itself against the adverse effects of climate change. “An essential component of that effort is to re-envision how we plan for, construct, and maintain our federal highway transportation system, using climate measures that matter and hold systems accountable,” Markey said. Among the provisions of the GREEN Streets Act are ones directing the Secretary of the U.S. Department of Transportation to set minimum standards for states to decrease GHG emissions and per capita vehicle miles traveled (VMT) on the NHS and measures for states to assess and reduce carbon dioxide (CO2) and other GHGs on the NHS. States that are not in compliance with the established per capita VMT standards or CO2 or GHG measures are required to dedicate federal highway funds in order to comply. In addition, states and Metropolitan Planning Organizations are called upon to consider projects and strategies to reduce GHGs from the transportation sector and per capita VMT and to publish an analysis of the GHG emission and per capita VMT impacts for each project that adds new lanes or otherwise increases capacity and costs in excess of $25 million.
For further information: https://www.markey.senate.gov/imo/media/doc/GREEN%20Streets%20Act%202019.pdf
States and citizen groups filed reply briefs in the U.S. Court of Appeals for the District of Columbia Circuit in litigation in which they challenge EPA’s December 2018 rule, “Determination Regarding Good Neighbor Obligations for the 2008 Ozone National Ambient Air Quality Standard,” also known as the “CSAPR Close-Out” rule. In their brief, the state petitioners, replying to EPA’s June 14, 2019 initial brief (see related article in the June 15-21, 2019 Washington Update), elaborate on four key arguments: 1) EPA unlawfully disregarded the 2021 attainment deadline, 2) EPA arbitrarily and capriciously ignored additional emission reductions available by the 2021 deadline, 3) EPA’s reliance on flawed modeling was arbitrary and capricious and 4) an immediate remedy is necessary to rectify EPA’s failure to provide timely relief. The citizen group petitioners, in their reply brief, argue that 1) EPA unlawfully fails to prohibit significant contributions to ozone nonattainment by statutory attainment deadlines, 2) EPA’s claim that no pollution reductions are practicable before 2023 is baseless and 3) the Court should order EPA to issue a lawful replacement rule within five months. In the CSAPR Close-Out Rule, EPA determined that the October 26, 2016 CSAPR Update for the 2008 Ozone National Ambient Air Quality Standards fully addresses the interstate pollution transport obligations of the 20 states covered by CSAPR under the good neighbor provision of the Clean Air Act and that there is no need to establish additional ozone transport reduction requirements for sources in CSAPR-region states, nor is there a need for CSAPR-region states to submit State Implementation Plans establishing additional requirements to control ozone transport beyond the CSAPR Update Rule. Petitioners filed their opening briefs on April 19, 2019. Oral argument is scheduled for September 20, 2019.
For further information: http://www.4cleanair.org/sites/default/files/Documents/New_York_v_EPA-State_Petitioners_Reply_7-11-19.pdf and http://www.4cleanair.org/sites/default/files/Documents/New_York_v_EPA-Citizen_Petitioners_Reply_7-11-19.pdf
The Food and Drug Administration (FDA) updated advice it issued jointly with EPA in January 2017 regarding mercury and fish consumption for women of childbearing age and young children. The updated information, entitled “Advice About Eating Fish: For Women Who Are or Might Become Pregnant, Breastfeeding Mothers, and Young Children,” includes recommendations for how often the relevant individuals should consume different types of fish, depending on whether the fish are included in the “best choices,” “good choices” or “choices to avoid” categories. The updated advice was issued in response to a directive in the FY 2019 appropriations law Congress adopted on February 15, 2019. It includes additional statements about the benefits of consuming fish and other protein-rich foods and clarifies that many types of fish are “both nutritious and lower in mercury.” FDA is also soliciting public comment on the development of educational materials related to the updated advice.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-07-09/pdf/2019-14524.pdf
According to data released by EPA, oil and natural gas companies that participate in the agency’s Natural Gas STAR Methane Challenge Program reduced their 2017 methane emissions by 1 million metric tons of CO2 equivalent, a volume of methane worth $6 million in EPA’s estimation. EPA created the Challenge Program in 2016 to build on the more than 20-year-old Natural Gas STAR program, which develops voluntary partnerships with companies who pledge to pursue methane emission reduction opportunities and engage in information-sharing and technology transfers with other program members. Challenge Program participants make additional public commitments to undertake one or more actions implementing recognized best management practices or reducing their company’s future emissions intensity. More than 60 companies are participating in the Challenge Program.
For further information: https://www.epa.gov/newsreleases/epas-methane-challenge-partners-are-leading-oil-and-gas-industry-efficiency-and and https://www.epa.gov/natural-gas-star-program/methane-challenge-program