March 16-22, 2024
In this week's issue:
- EPA Announces Final Rule to Reduce Multiple Pollutants from Light- and Medium-Duty Vehicles (March 20, 2024)
- EPA Issues Rule to Phase-Out Ongoing Use of Asbestos (March 18, 2024)
- EPA Announces Final Air Toxics Rule for Integrated Iron and Steel Manufacturing Facilities (March 18, 2024)
- EPA Announces 2022 Toxics Release Inventory Data (March 21, 2024)
- House of Representatives Passes Bill To Repeal Climate Provisions of IRA
- House Panel Advances Air Quality Standards Implementation Bill on Party Lines (March 20, 2024)
- Senators Announce Plans to Introduce CRA Resolutions to Disapprove Final Multipollutant LMDV Rule and Forthcoming Final Phase 3 HD GHG Rule (March 20, 2024)
- EPA Seeks Comment on Integrated Review Plan for Oxides of Nitrogen NAAQS Review, CASAC to Meet April 16 (March 18, 2024)
- HFC Enforcement Yields Fine, Chemical Destruction (March 21, 2024)
- EPA Inspector General to Investigate EPA Oversight of State and Local Air Monitoring Schedules (March 19, 2024)
- GAO Reports on Challenges and Policy Options Associated with Air Quality Sensors (March 19, 2024)
- IQAir Publishes “2023 World Air Quality Report” Examining Global PM2.5 Data (March 19, 2024)
This Week in Review
EPA announced its final Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles (LMDVs), “The strongest vehicle pollution standards ever finalized in U.S. history,” according to EPA Administrator Michael S. Regan, who formally announced the rule at an event held in Washington, DC, along with President Biden’s National Climate Adviser, Ali Zaidi, who said the rule will “cut tailpipe pollution in half in the next 10 years.” The final rule includes more stringent standards for light-duty vehicle (LDV) and medium-duty vehicle (MDV) emissions of greenhouse gases (GHGs), nonmethane organic gases+nitrogen oxide (NMOG+NOx) and particulate matter (PM). For GHG emission standards, as under EPA’s May 5, 2023, proposed LMDV rule (88 Fed. Reg. 29,184), the final rule phases in progressively more protective performance-based (carbon dioxide) CO2 standards for MY 2027 through 2032 LDVs and MDVs. Also like the proposal, the final standards do not mandate the use of any specific technology, nor do they mandate that any percentage of vehicle production be battery-electric (zero-emission) vehicles (BEVs). The final rule differs from the proposal in that it provides more lead time for manufacturers to eventually meet the MY 2032 performance-based standards; this is the approach taken under Alternative 3 of EPA’s proposed rule, which EPA described at the time as achieving “the same stringency as the proposed standards in MY 2032 but provid[ing] for a more consistent rate of stringency increase for MYs 2027–2031.” The final phase-in schedules for the industry-wide CO2 projected fleet average emissions targets for LDVs and MDVs ultimately achieve virtually the same projected numeric standards in MY 2032 as under the proposed rule – 85 grams per mile (gm/mi) for LDVs (which represents a reduction of almost 50 percent in the projected fleet average target levels relative to the existing MY 2026 standard) and 274 gm/mi for MDVs (which represents a reduction of 44 percent in the projected fleet average target levels relative to the existing MY 2026 standard) – but on a more linear path from MY 2027, thereby allowing more flexibility in the mix of vehicles each manufacturer may choose to meet the targets and greater vehicle choice for consumers. Whereas under the proposed rule EPA projected that one pathway to compliance with the LDV performance standard would include 67 percent BEVs, under the final rule the agency provides multiple examples of fleet mixes that could meet the standard, including mixes with as few as 24 percent BEVs in MY 2026 and 35 to 56 percent BEVs in MY 2032, with plug-in hybrid electric vehicles, hybrid electric vehicles and advanced internal combustion engine (ICE), or gasoline-powered, vehicles also playing a role. EPA projects the final rule will achieve cumulative reductions in CO2 totaling 7.2 billion metric tons over the life of the program (versus 7.7 billion metric tons under the proposal). In addition, these new CO2 standards will also result in the reduction of toxic air emissions. With respect to criteria pollutants, the final rule also includes a phased schedule of more rigorous (Tier 4) emission standards for NMOG+NOx culminating in 1) a LDV fleet average level of 15 milligrams per mile (mg/mi) by MY 2032 (which is a 50-percent reduction from the existing 30-mg/mi MY 2025 Tier 3 standard set in 2014) and 2) an MDV fleet average level of 75 mg/mi (which is a 58- to 70-percent reduction from the Tier 3 standards of 178 mg/mi for Class 2b vehicles and 247 mg/mi for Class 3 vehicles), which can be reached by either an “early” compliance pathway or a “default” compliance pathway. EPA has also finalized the proposed 0.5 mg/mi PM standard for LDVs and MDVs to be met over three duty cycles including a cold-temperature (-7°C) cycle. This is a per-vehicle cap (versus a fleet average) to be fully phased in by MY 2030 for LDVs and MY 2031 for MDVs (one year later than under the proposal for each vehicle type). EPA projects this standard will reduce PM emissions from gasoline vehicles by more than 95 percent and also reduce mobile source toxic air emissions. The agency anticipates gasoline particulate filters will be used to comply with the standard. EPA estimates the following criteria pollutant emission reductions in 2055, from levels that would have occurred in 2055 without the final standards: 8,700 tons of PM, 36,000 tons of NOx and 150,000 tons of volatile organic compounds. As for benefits, EPA projects the annual net benefits of the final rule to society is $99 billion dollars, which includes $13 billion in annual public health benefits due to improved air quality. Among other things, the rule is expected to prevent up to 2,500 premature deaths in 2055 and also reduce heart attacks, respiratory and cardiovascular illnesses, aggravated asthma and decreased lung function. The total net benefits to society also include $62 billion a year in annual fuel costs (once fully phased in the average driver should expect to save $6,000 in fuel costs over the life of the vehicle); drivers will also save on vehicle maintenance and repair.
For further information:
https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-multi-pollutant-emissions-standards-model (March 20, 2023 pre-publication final rule)
and
https://www.4cleanair.org/wp-content/uploads/NACAA_Summary-EPA_Final_Multipolltant_LMDV_Rule-032024lh.pdf (March 20, 2024, NACAA highlights of final rule with info to make comparisons to proposed rule)
and
https://www.govinfo.gov/content/pkg/FR-2023-05-05/pdf/2023-07974.pdf (May 5, 2023 proposed rule)
EPA has issued a final rule under the Toxic Substances Control Act that would prohibit the ongoing use of chrysotile asbestos, which is currently the only known form of asbestos used in or imported to the U.S. The rule will ban: (1) the manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos for chrysotile asbestos diaphragms in the chlor-alkali industry; chrysotile asbestos-containing sheet gaskets in chemical production; chrysotile asbestos-containing brake blocks in the oil industry; aftermarket automotive chrysotile asbestos-containing brakes/linings; other chrysotile asbestos-containing vehicle friction products; other chrysotile asbestos-containing gaskets; and (2) the manufacture (including import), processing and distribution in commerce for consumer use of aftermarket automotive chrysotile asbestos-containing brakes/linings; and other chrysotile asbestos-containing gaskets. White the rule bans the import of asbestos for chlor-alkali use immediately, it allows the use of the substances to be phased out within different time periods, depending on the situation (allowing as much as five, eight or 12 years in some cases). The regulation also issues disposal and recordkeeping requirements for affected sources. According to EPA, asbestos exposure causes lung cancer, mesothelioma, ovarian cancer and laryngeal cancer, and it is linked to over 40,000 deaths each year in the United States.
For further information:
EPA has announced finalized amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for integrated iron and steel manufacturing facilities, which the agency estimates will reduce emissions of hazardous air pollutants (HAPs) – including manganese, lead, arsenic and chromium – by 64 tons per year and fine particulate matter by 473 tons per year. There are 10 affected utilities (two of which are idle). The amendments include the following, among other provisions: work practice standards for basic oxygen process furnaces to capture fugitive emissions; limits or work practices for five types of fugitive sources; new emission limits for hydrochloric acid, total hydrocarbons and dioxins/furans; and new emissions limits or work practices for previously unregulated HAPs. EPA did not include more stringent opacity limits for certain types of sources, as proposed.
For further information:
EPA has announced the 2022 Toxics Release Inventory (TRI) National Analysis, providing information about environmental releases of listed TRI chemicals to the air, water and land and transferred off-site for disposal during calendar year 2022. The data indicate that environmental releases in 2022 were 21 percent lower than in 2013 and releases into the air decreased 26 percent during that time period. Since 2021, air releases of TRI chemicals decreased by 1 percent. In 2022, the greatest decreases in air releases were of hydrochloric acid, sulfuric acid, hydrogen fluoride, methanol and toluene. The TRI chemicals released into the air in the largest quantities were ammonia and methanol. The TRI data included information with respect to chemicals on the Occupational Safety and Health Administration’s (OSHA’s) list of carcinogens, indicating that air releases of TRI OSHA carcinogens increased by 4 percent since 2013 and, in 2022, the TRI carcinogens released into air in the highest quantities were styrene, acetaldehyde, and formaldehyde.
For further information:
The U.S. House of Representatives has passed a bill to “repeal section 134 of the Clean Air Act, relating to the greenhouse gas reduction fund”, by a 209-204 party line vote. The bill (HR 1023) would repeal a key climate change program in the Inflation Reduction Act (IRA): the $27 billion Greenhouse Gas Reduction Fund, a “green bank” that to help fund clean energy projects in vulnerable communities, and the Methane Emissions Reduction Program from the IRA that imposes a fee on methane pollution from oil and gas operations and provides $1.55 billion to help companies find and shut off methane leaks. The bill, sponsored by Rep. Gary Palmer (R-AL), is unlikely to pass in the U.S. Senate, and the Administration has already issued a statement with its intent to oppose and veto it, if necessary.
For further information:
https://www.congress.gov/bill/118th-congress/house-bill/1023
and
The U.S. House of Representatives’ Energy and Commerce Committee voted 26-21 along party lines to advance the “Air Quality Standards Implementation Act,” (H.R. 7650) sponsored by Rep. Buddy Carter (R-GA). The bill would revise the Clean Air Act provisions around the setting of National Ambient Air Quality Standards (NAAQS), slowing the schedule of review from every five years to every ten years. The bill would allow EPA’s Administrator to weigh “likely attainability” of stronger NAAQS as well as health impacts, would increase state seats on EPA’s Clean Air Science Advisory Committee (CASAC) from one to three, would require the agency to issue guidance before regulatory actions can take effect, and would take steps to ease exceptional event compliance by agencies. The Energy and Commerce Committee’s Subcommittee on Environment, Manufacturing and Critical Materials had already passed a “discussion draft” of the legislation (see the related story in the March 2-8, 2024 edition of NACAA’s Washington Update), but no date has yet been set for it to be heard by the full U.S. House.
For further information:
Senators Pete Ricketts (R-NE) and Dan Sullivan (R-AK) announced their intentions to introduce Joint Resolutions under the Congressional Review Act (CRA) to disapprove EPA’s final rules for multipollutant light- and medium-duty vehicle (LMDV) emission standards, released on Wednesday, March 20, 2024 (see related article above), and Phase 3 heavy-duty greenhouse gas emission standards, expected to be released next week. In a joint statement on the final LMDV rule, Ricketts and Sullivan, who are members of the Senate Committee on Environment and Public Works, call the rule “delusional” and allege that it is “the Biden administration’s attempt to get rid of the internal-combustion engine without congressional authority.” They will introduce CRA resolutions, they say, to “overturn Biden’s EV mandate” and “keep vehicle costs down, protect our free-market economy, and defend consumer choice.” The Senators indicate in their statement that once both rules are final and submitted to Congress Ricketts will introduce the CRA resolution on the LMDV rule and Sullivan will introduce the CRA resolution on the Phase 3 rule.
For further information:
and
EPA published a notice in the Federal Register (89 Fed. Reg. 19,308) announcing the availability of Volumes 1 and 2 of the Integrated Review Plan for the Primary Nitrogen Oxide NAAQS Review. Volume 1 of the IRP is a background document and Volume 2 addresses planning for the review and the Integrated Science Assessment (ISA). EPA’s last review of the primary National Ambient Air Quality Standard (NAAQS) for oxides of nitrogen (NO2) concluded in 2018 with a decision by the EPA administrator to retain, without revision, the 1-hour limit of 100 parts per billion (ppb) set in 2010 and the annual limit of 53 ppb set in 1971. Section 3.4 of Volume 2 of the IRP presents a series of scientific questions to guide the evaluation of “evidence,” or recent literature, upon which the review will be based, with a focus on “1) whether new scientific evidence reinforces or calls into question the conclusions reached in the 2016 ISA; 2) whether uncertainties from the last review have been reduced and/or whether new uncertainties have emerged; and 3) the degree to which new lines of evidence have become available to support areas of evaluation not considered in previous assessments.” EPA will hold a virtual meeting of the NOx Panel of the agency’s chartered Clean Air Scientific Advisory Committee on April 16, 2024, during which it will brief the Panel on Volume 2 of the IRP. Public comments on either or both volumes of the IRP must be received by EPA on or before April 17, 2024
For further information:
https://www.govinfo.gov/content/pkg/FR-2024-03-18/pdf/2024-05507.pdf
and
https://www.epa.gov/naaqs/nitrogen-dioxide-no2-primary-standards-planning-documents-current-review
and
https://www.govinfo.gov/content/pkg/FR-2024-03-06/pdf/2024-04648.pdf
and
https://casac.epa.gov/ords/sab/r/sab_apex/casac/meeting?p19_id=1014&clear=19&session=8271348553024
EPA has a settlement agreement with Resonac America, a subsidiary of a Tokyo-based chemical company, after it was accused of illegally and repeatedly importing banned refrigerant chemicals into California. Resonac illegally imported hydrofluorocarbons (HFCs) into the Port of Los Angeles between October 2023 and January 2024, and the settlement is the largest-ever penalty for a violation of regulations established under the American Innovation and Manufacturing (AIM) Act of 2020 that prohibit imports of the powerful GHG. The provisions of the settlement call for Resonac America to pay a $416,003 penalty and destroy 1,693 pounds of HFCs. It is the largest action taken under EPA’s National Enforcement and Compliance Initiative on “Mitigating Climate Change”, established in 2024. “EPA continues to prioritize enforcement against companies that illegally import refrigerants that damage our climate and imperil future generations,” said David Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, in a statement.
For further information:
EPA’s Office of Inspector General (OIG) plans to evaluate EPA’s oversight of state and local ambient air monitoring operating schedules. The purpose of the investigation, according to an OIG memorandum informing EPA Assistant Administrator Joseph Goffman of the project, is “to determine whether the EPA’s oversight and implementation of air quality monitoring resulted in underreported air pollution.” The memorandum does not explain why OIG has decided to undertake the evaluation, other than to note that it addresses two FY 2024 “top management challenges” for EPA: (1) maximizing compliance with environmental law and regulations and (2) integrating and implementing environmental justice. OIG will conduct its review in EPA’s Office of Air Quality Planning and Standards and in “selected EPA regional offices as necessary.” OIG states in the memorandum to Goffman that it intends to arrange a meeting to discuss any concerns he might have and to “answer any questions about the evaluation process, reporting procedures, methods used to gather and analyze data, and what we should expect of each other during the evaluation.”
For further information:
The U.S. Government Accountability Office (GAO) released a report examining air quality sensors and policy options that could help address challenges to their development and use. The report, “Air Quality Sensors: Policy Options to Help Address Implementation Challenges,” describes various types of low-cost air quality sensors and their benefits, uses and performance issues. It identifies challenges faced by users in implementing sensor technologies and lays out various “policy options” that could be employed by legislatures, government entities academia, industry and others to help address these challenges. The seven policy options identified by GAO include: 1) maintain the status quo; 2) enhance sensor performance transparency; 3) support innovation in sensor technologies; 4) facilitate access to expertise; 5) improve access to guidance; 6) improve data management and sharing; and 7) clarify the level of quality assurance needed to spur action. For each policy option, GAO presents a table with one or more potential implementation approaches, opportunities the option may present, and factors to consider.
For further information:
IQAir, a Switzerland-based company that produces air purifiers and air sensor products, as well as the global air quality information platform AirVisual, released a report examining global air quality for the year 2023. The “2023 World Air Quality Report” summarizes PM2.5 data from 7,812 cities in 134 countries, regions and territories for the year 2023 and compares it to the latest World Health Organization (WHO) annual PM2.5 guideline and interim targets (released in 2021). The data used to create the report were aggregated from both regulatory air monitoring stations and low-cost air quality sensors. Altogether, the report drew from more than 30,000 monitoring stations and sensors, 39% of which are operated by governments and the remaining 61% by private sources including research institutions, universities and educational facilities, non-governmental organizations, private companies and citizen scientists. “Data collected by independent citizens using low-cost monitors is often excluded from government data sets and reports,” IQAir notes in the report’s “FAQ” section. “The inclusion of this data can yield a more comprehensive and accurate representation of the status of air quality on a local and global level.” IQAir found that 10 of the 134 countries and regions examined achieved the WHO annual PM2.5 guideline of 5 µg/m3. Africa and Central and South Asia were found to have areas with the highest PM2.5 concentrations. For North America, the report observes that air quality in 2023 was significantly affected by Canadian wildfires. Canada as a whole was found to have an annual PM2.5 concentration of 10.3 µg/m3, exceeding the U.S. level of 9.1 µg/m3. In the United States, IQAir found that the Upper Midwest and Mid-Atlantic states were notably affected by the Canadian smoke events, causing a “significant surge” in PM2.5 data. Other notable contributors to poor air quality in the U.S., according to the report, were vehicle emissions, power plants, industrial and agricultural activities, wood burning fireplaces and wind-blown dust. Using this approach, IQAir concluded for a second year in a row that the most polluted major city in the United States was Columbus, Ohio.
For further information: