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June 3-9, 2023
In this week's issue:
- EPA Publishes Final Good Neighbor Plan for 2015 Ozone NAAQS, EPA to Take Action in Response to Court Orders Staying Disapproval of SIPs in Five States (June 5, 2023)
- EPA Withdraws Proposal to Exempt Pyrolysis/Combustion Units from Other Solid Waste Definition (June 5, 2023)
- EPA to Phase Out Use of Perc for Dry Cleaning and Other Uses (June 8, 2023)
- States, Industry Groups and Others Challenge EPA’s Decision to Grant CARB’s Request for Waivers of Federal Preemption for Four State Regulations to Reduce Emissions from Heavy-Duty Vehicles and Engines (June 5, 2023)
- Biden Administration’s Hydrogen Plan Released (June 5, 2023)
- ALA Publishes Report on Health Benefits of Zero-Emission Cars and Electricity (June 7, 2023)
- Bloomberg Report Predicts 28% Of US New Car Sales Will Be BEVs In 2026 (June 6, 2023)
- Global CO2 Level Breaks Record With New Peak, Again (June 5 2023)
This Week in Review
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EPA published in the Federal Register (88 Fed. Reg. 36,654) its final Good Neighbor Plan (which was signed on March 15, 2023) to address interstate transport pollution under section 110(a)(2)(D) – the good neighbor provision – of the Clean Air Act. Issuance of the final Good Neighbor Plan followed EPA’s February 13, 2023, final action fully or partially disapproving State Implementation Plans (SIPs) submitted by 21 states. The final Good Neighbor Plan puts in place requirements to address the obligations of a total of 23 states to eliminate significant contributions to nonattainment or interference with maintenance of the 2015 ozone National Ambient Air Quality Standard in other states. The plan is directed at emissions of nitrogen oxide (NOx) from fossil fuel-fired power plants in 22 states and industrial sources in 20 states. For power plants, the plan includes a NOx trading program. For industrial sources, the plan includes enforceable NOx emission control requirements for the following types of sources, new and existing: 1) Pipeline Transportation of Natural Gas; 2) Cement and Concrete Product Manufacturing; 3) Iron and Steel Mills and Ferroalloy Manufacturing; 4) Glass and Glass Product Manufacturing; 5) boilers at Basic Chemical Manufacturing, Petroleum and Coal Products Manufacturing, Pulp, Paper, and Paperboard Mills, Iron and Steel and Ferroalloys Manufacturing and Metal Ore Mining facilities; and 6) Municipal Waste Combustors. The 23 affected states are Alabama, Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Virginia, West Virginia and Wisconsin. The final rule takes effect on August 4, 2023. In a related matter, on June 1, 2023, Joseph Goffman, Principal Deputy Administrator of EPA’s Office of Air and Radiation, released a memorandum, titled “Notice of Forthcoming EPA Action to Address Judicial Stay Actions,” in which he explains that last month, the U.S. District Courts of Appeals for the Fifth, Sixth and Eighth Circuits issued orders staying EPA’s February 2023 SIP disapproval action for Arkansas, Kentucky, Louisiana, Missouri and Texas and therefore, the agency will take action before August 4 to ensure the Good Neighbor Plan will not take effect for sources in those states while the stays remain in place.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-06-05/pdf/2023-05744.pdf.
and
EPA has withdrawn a proposal that would have removed pyrolysis/combustion units from the Other Solid Waste Incineration (OSWI) standards under Section 129 of the Clean Air Act (88 Fed. Reg. 36,524). The withdrawal retains pyrolysis/combustion units within the definition of municipal waste combustion unit in the OSWI regulation. In August 2020, as part of the five-year review of the New Source Performance Standards and Emission Guidelines for the source category, EPA proposed to modify the definitions to remove pyrolysis/combustion units. On September 9, 2021, EPA issued an advance notice of proposed rulemaking to solicit additional input on the proposal. However, the agency received significant adverse comments, including that removing the units from the definition would result in regulatory gaps, leading to the decision to retain the units within the regulation. According to EPA, pyrolysis and gasification units convert solid or semi-solid feedstocks – including solid waste, biomass, plastics, tires and organic contaminants in soils and oily sludges – to useful products such as energy, fuels and chemical commodities.
For further information: https://www.govinfo.gov/content/pkg/FR-2023-06-05/pdf/2023-11476.pdf
and
EPA has proposed a 10-year phase out of perchloroethylene (PCE) for most dry cleaning; industrial and commercial uses, including the manufacture, processing and distribution of PCE in commerce for certain prohibited uses; and consumer use. The proposal, under the Toxic Substances and Control Act, would also require a workplace chemical protection program for PCE, that includes an inhalation exposure concentration limit and prevention of direct dermal contact. EPA is taking this step due to the determination that “PCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to PCE, including neurotoxicity effects from acute and chronic inhalation exposures and dermal exposures, and cancer from chronic inhalation exposures to PCE.” The agency will accept public comment for 60-days after publication in the Federal Register.
For further information: https://www.epa.gov/system/files/documents/2023-06/PrePubCopy_8329-02_PCE-TSCA6a_NPRM_FR_Doc_EPA_ADMIN_2023-06-07.pdf
Six petitions were filed in the U.S. Court of Appeals for the District of Columbia Circuit challenging EPA’s April 6, 2023, final decision (88 Fed. Reg. 20,688) granting in full, under Clean Air Act section 209, the California Air Resources Board’s (CARB’s) requests for waivers of preemption for four heavy-duty vehicle and engine regulations: 1) the Advanced Clean Trucks Regulation; 2) the Zero Emission Airport Shuttle Regulation; 3) the Zero-Emission Power Train Certification Regulation; and 4) the Heavy-Duty Vehicle and Engine Emission Warranty Regulations and Maintenance Provisions. Among those challenging EPA’s action is a group of 19 states (Iowa, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Utah, West Virginia and Wyoming); the Owner-Operator Independent Drivers Association; a group of trade associations representing fuel, petroleum and other interests; a coalition of groups representing soybean growers and related interests; and the Western States Trucking Association.
For further information:
https://www.govinfo.gov/content/pkg/FR-2023-04-06/pdf/2023-07184.pdf,
and
The U.S. Department of Energy (DOE) has released its “U.S. National Clean Hydrogen Strategy and Roadmap”, a framework for accelerating the production, processing, delivery, storage, and use of hydrogen. DOE described hydrogen as “a versatile and flexible energy carrier that can be produced with low or zero carbon emissions.” The Strategy and Roadmap examines three future demand scenarios, including 10 million metric tonnes (MMT) of clean hydrogen annually by 2030, 20 MMT annually by 2040, and 50 MMT annually by 2050. The report recommends three strategies: targeting strategic, high-impact uses for clean hydrogen, which will ensure that clean hydrogen will be utilized in the highest benefit applications, where limited alternatives exist (such as the industrial sector, heavy-duty transportation, and long-duration energy storage to enable a clean grid); reducing the cost of clean hydrogen by catalyzing innovation and scale, stimulating private sector investments, and developing the clean hydrogen supply chain; and focusing on regional networks with large-scale clean hydrogen production and end-use in close proximity. DOE said it plans to update the report every three years to keep pace with rapidly changing market and deployment conditions.
For further information:
The American Lung Association (ALA) released “Driving to Clean Air: Health Benefits of Zero-Emission Cars and Electricity.” Among the findings presented in the report are that achieving 100 percent new zero-emission passenger car sales and clean, non-combustion electricity generation by 2035 could result in national cumulative benefits by 2050 of 89,300 fewer premature deaths, 2.2 million fewer asthma attacks, 10.7 million fewer lost workdays, with monetized health benefits of $978 billion. ALA also provides state-by-state benefits and policy recommendations.
For further information: https://on.lung.org/3qptDRf
A new report by the consultancy Bloomberg New Energy Finance has found that global sales of non-hybrid internal combustion engine cars may have peaked in 2017, with oil use for vehicles already declining in the U.S. and Europe and expected to peak globally by 2027. The report predicts that global sales of new electric passenger cars will grow from 14 percent of vehicles sales in 2022 to 30 percent in 2030. The authors also estimate that battery electric vehicles (BEVs) will make up 28 percent of U.S. passenger car sales in 2026, up from 7.6 percent in 2022, largely driven by the Inflation Reduction Act (IRA) tax credit up to $7,500 for new BEVs and $4,000 for used BEVs. The report also finds that electric trucks will become more prevalent, becoming “as cheap as diesel equivalents even for long-haul applications” before 2030. Still, “Heavy trucks in particular are far behind the net-zero trajectory and should be a priority focus for policy makers,” the report says.
For further information:
https://www.4cleanair.org/wp-content/uploads/2023-electric-vehicle-outlook.pdf
The National Oceanic and Atmospheric Administration (NOAA) has measured global atmospheric CO2 levels of 423.78 ppm in May 2023 using instruments at NOAA’s Mauna Loa Atmospheric Baseline Observatory in Hawaii – an increase of 3.0 ppm over May 2022. NOAA scientists said this monthly average represents the fourth-largest annual increase ever measured, and continues “a steady climb further into territory not seen for millions of years”. Generally, May is the month when CO2 peaks in the Northern Hemisphere. Global atmospheric CO2 levels are now more than 50% higher than they were before the onset of the industrial era.
For further information:
https://www.noaa.gov/news-release/broken-record-atmospheric-carbon-dioxide-levels-jump-again