May 25-31, 2019
In this week's issue:
- EPA Proposes to Extend PAMS Start Date by Two Years (May 31, 2019)
- EPA Issues Final PM2.5 Precursor Demonstration Guidance (May 30, 2019)
- D.C. Circuit Upholds 2016 Revisions to Ambient Monitoring Rules (May 31, 2019)
- EPA Approves Year-round Sale of E15 Alongside RIN Market Changes (May 30, 2019)
- Center for Climate and Energy Solutions Outlines Three Pathways to U.S. Deep Decarbonization (May 28, 2019)
- Rhodium Group Finds U.S. CO2 Emissions Grew in 2018 (May 31, 2019)
- EPA Designates New Federal Reference Method for Carbon Monoxide Monitoring (May 28, 2019)
- Alternative Work Practice Proposed For Asbestos NESHAP (May 30, 2019)
This Week in Review
EPA published in the Federal Register (84 Fed. Reg. 25,221) a proposed rule to postpone, by two years, the start date for the revised Photochemical Assessment Monitoring Stations (PAMS) network requirements that were established in conjunction with the October 2015 revised National Ambient Air Quality Standards (NAAQS) for ozone. The proposed revision would extend the PAMS start date from June 1, 2019 to June 1, 2021, giving state and local agencies two additional years to acquire the necessary equipment and expertise to implement the new requirements and make the stations operational by the start of the 2021 PAMS season. The PAMS requirements adopted in 2015 require ozone precursor measurements to be made during June, July and August at all National Core (NCore) multipollutant monitoring stations in core-based statistical areas with a population of one million or more. They also call for each state with nonattainment areas classified as Moderate or above for any ozone NAAQS and states in the Ozone Transport Region to develop and implement an Enhanced Monitoring Plan (EMP) for ozone. EPA does not propose any change to the current deadline for states to submit EMPs. EPA has been working on national contracts to assist states in acquiring the necessary equipment for making PAMS measurements – specifically, auto-GCs, ceilometers and true NO2 analyzers. However, due to budget constraints and delays, many states will not have the necessary equipment in time for the current June 2019 start date. EPA believes it is appropriate to extend the start date for required PAMS monitoring for all sites until the start of the PAMS season following the delivery of the remaining PAMS equipment. It currently expects the last equipment to be delivered in the summer of 2020. The agency is requesting comments on its proposal to extend the start date for required PAMS monitoring to June 1, 2022. Alternatively, EPA seeks comment on whether the start date should be extended only for sites that have not received the necessary equipment, with two alternative options under consideration. Under the first alternative, EPA would require each remaining site to begin measurements once all of the necessary equipment has been delivered, rather than having a uniform start date for all sites. Under the second alternative, EPA would require sites to begin measurements as the necessary equipment is delivered. Either of these options would also take into account a reasonable training period. Comments are due by July 1, 2019.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-05-31/pdf/2019-11406.pdf
EPA released a finalized “PM2.5 Precursor Demonstration Guidance” designed to assist state, local and tribal air agencies who may wish to develop optional PM2.5 precursor demonstrations for areas in nonattainment with the PM2.5 National Ambient Air Quality Standards (NAAQS). The final guidance comes 2½ years after EPA released the draft version for comment in November 2016. In an accompanying memorandum to the EPA Regional Offices, the agency says that it has incorporated modifications into the final guidance based on the ten comments it received on the draft. The guidance offers resources to agency officials who wish to demonstrate whether precursor pollutant sources contribute significantly to PM2.5 levels that exceed the NAAQS in their jurisdictions. Sources found not to contribute significantly could be exempted from additional pollution control requirements. Because it is guidance, EPA says the document “does not impose binding, enforceable requirements on any party.”
For further information: https://www.epa.gov/pm-pollution/pm25-precursor-demonstration-guidance
The U.S. Court of Appeals for the District of Columbia Circuit dismissed in part and denied in part a Sierra Club petition for review that challenged several aspects of EPA’s March 2016 revisions to its ambient monitoring regulations. First and foremost, Sierra Club had argued that states’ annual monitoring network plans should be considered part of State Implementation Plans and that proposed revisions to the plans should be subject to public notice and comment and the opportunity for public hearing. Second, the group objected to revisions that authorized some reductions in sampling frequency for PM2.5 monitoring, and third, it challenged revisions to certain quality assurance requirements related to monitoring for Prevention of Significant Deterioration. The court found that Sierra Club was barred from seeking review of its claim related to public participation in annual network plan development because the rule revisions “did no more than echo a prior EPA regulation.” It further determined that the group lacked standing to challenge the sampling-frequency standards. With respect to Sierra Club’s third claim, the court found the group made no showing that EPA’s alleged failure to respond to comments on quality assurance issues manifested any failure to consider factors relevant to the rule revisions. Accordingly, the court dismissed Sierra Club’s first two claims and denied the third.
For further information: http://www.4cleanair.org/sites/default/files/Documents/Sierra_Club_v_EPA-DC_Cir_Opinion_5-31-19.pdf
EPA Administrator Andrew Wheeler signed a final rule authorizing the sale of gasoline blended with up to 15 percent ethanol (E15) year-round. Under the agency’s previous interpretation of the Clean Air Act, E15 sales were restricted to the summer months. The rule also includes changes to EPA’s Renewable Fuel Standard (RFS) renewable identification number (RIN) market. It sets new public disclosure requirements for large RIN holders, creates new data collection requirements from RIN market participants and announces forthcoming non-regulatory changes to the RIN transaction rules in the EPA Moderated Transaction System (EMTS). The agency also announced that it is declining to adopt three reforms related to RIN retirement frequency, purchase limitations for certain types of RINS, and holding duration limits for certain types of RINs that were included in the proposed version of the rule. The RFS program changes will go into effect 30 days after the rule is published in the Federal Register.
For further information: https://www.epa.gov/sites/production/files/2019-05/documents/e15-rvp-rin-market-reform-frm-frn-2019-05-30.pdf
A report from the Center for Climate and Energy Solutions identifies three pathways to achieve U.S. “deep decarbonization,” defined as reducing greenhouse gas (GHG) emissions to 80 percent below 2005 levels by 2050. The pathways include a “competitive climate” scenario based on the international adoption of carbon tariffs and early and strong U.S. federal action; a “climate federalism” scenario that puts a larger emphasis on ambitious state policies coupled with action from the business community; and a “low-carbon lifestyles” scenario that builds on strong consumer demand for low-carbon products and services. Both the competitive climate and climate federalism scenarios include an economy-wide U.S. carbon price, though the competitive climate scenario assumes it will be implemented in 2024 while the federalism scenario delays it until 2031. The competitive climate scenario also includes federal action through more stringent vehicle emission standards and strong investments in carbon capture technologies. While states would adopt policies complementary to federal programs under both the competitive climate and climate federalism scenarios, the climate federalism scenario includes a separate expansion of state carbon trading programs across the east and west coasts through 2030. The third scenario – low-carbon lifestyles – assumes that the federal government will not play a proactive leadership role to reduce GHG emissions and, like climate federalism, includes expanded state carbon trading programs. The low-carbon lifestyles scenario uniquely relies on strong climate action ambition from cities and urban areas in the form of land-based sequestration incentives, zero-emission vehicle mandates, more stringent building codes and other measures. In all three scenarios, the report finds that deep decarbonization will require large changes across all major economic sectors with a particular emphasis on decarbonizing the power sector; replacing fossil fuels with biomass-based fuels and renewable energy sources in the transportation, building and industrial sectors; increasing energy efficiency; developing carbon sequestration technologies; and reducing the emissions of non-carbon GHG pollutants.
For further information: http://www.4cleanair.org/sites/default/files/Documents/C2ES-pathways-to-2050-scenarios-for-decarbonizing-the-us-economy-final.pdf
An analysis from the Rhodium Group finds that U.S. energy-related CO2 emissions grew by 2.7 percent in 2018 after three consecutive years of decline. Rhodium further estimates that economy-wide U.S. greenhouse gas emissions increased between 1.5 and 2.5 percent last year. Emissions from the building and power sectors accounted for the largest portion of the energy-related CO2 emissions increase. While building sector emissions grew by 4 million metric tons (MMT) of CO2 in 2017, they increased by a much more significant 56 MMT in 2018. Power sector emissions changed even more dramatically, moving from a 78 MMT decrease in 2017 to a 20 MMT increase last year. Rhodium attributes much of the growth to colder winter temperatures in 2018, but also notes that the pace of decarbonization in the power sector slowed with new natural gas generation offsetting emission decreases from other changes in the power system. Rhodium released a preliminary 2018 energy-related CO2 emissions estimate in January where it predicted slightly higher growth of 3.7 percent. It accounts for downward revision to 2.7 percent by pointing to an unanticipated drop in in coal-fired power generation during the last month of 2018.
For further information: https://rhg.com/research/final-us-emissions-estimates-for-2018/
EPA designated a new federal reference method (FRM) for measuring carbon monoxide emissions in the ambient air. The method is an automated analyzer utilizing measurement principles based on non-dispersive infrared spectroscopy. The analyzer is sold by Focused Photonics Inc., which is based in China. As a designated FRM, the new method may be employed by state and local air monitoring agencies under 40 C.F.R. Part 58 for determining compliance with the NAAQS, if used in accordance with the operation manual and subject to any specifications or limitations specified in the method description.
For further information: https://www.govinfo.gov/content/pkg/FR-2019-05-28/pdf/2019-11073.pdf
EPA has approved an alternative work practice, called close tolerance pipe slurrification (CTPS), that can be used to comply with the Asbestos NESHAP. As the infrastructure of municipalities age, utilities need to replace deteriorated water pipes made of asbestos cement, which can be problematic and costly because pipes run beneath and beside major roadways, buildings and overlap other utilities (e.g., gas, electricity). EPA stated that this work practice provides utilities with a method of removing and replacing asbestos cement pipes that is as protective of human health and the environment as the Asbestos NESHAP.
For further information: https://www.epa.gov/stationary-sources-air-pollution/notice-final-approval-alternative-work-practice-standard-asbestos