January 15-21, 2022
In this week's issue:
- Deadline for EPA Community Monitoring Grant Solicitation Extended (January 20, 2022)
- EPA Issues Final Technical Revisions and Clarifications to Municipal Solid Waste Landfills Rule (January 14, 2022)
- EPA Reschedules to February 17 Public Hearing on Proposed Aircraft PM Standards (January 19, 2022)
- ACE Rule Opponents Submit Supreme Court Briefs Supporting Broad EPA Authority to Regulate GHG Emissions from Power Plants (January 18, 2022)
- Virginia Drops Out of Climate Litigation; EO Orders Exploration of RGGI Exit (January 20, 2022)
- Michigan Releases Draft Plan to Be Carbon Neutral by 2050 (January 19, 2022)
- House, Senate Introduce Bipartisan Climate Adaptation and Resilience Bills (January 20, 2021)
- Group Maps “Staggering” Adverse Health and Economic Impacts of Transportation-Related Diesel Emissions in U.S. (January 20, 2022
- Study Finds Children Are Especially Vulnerable to Extreme Heat Events (January 19, 2022)
- EPA Marks “A Year of Accomplishments” (January 20, 2022)
This Week in Review
EPA has extended the grant application deadline for its $20 million competitive solicitation program titled “Enhanced Air Quality Monitoring for Communities” by 30 days to March 25, 2022 at 11:59 p.m. Eastern time. This funding was part of the February 27, 2021 American Recue Plan passed by Congress and aims to provide state and local governments, communities, tribes, and other eligible entities with funding for ambient air monitoring projects. NACAA was among the entities who had requested the extension of the deadline.
For further information: https://www.grants.gov/web/grants/view-opportunity.html?oppId=336951 and https://www.epa.gov/grants/enhanced-air-quality-monitoring-communities
EPA has announced a final rule that includes technical revisions and clarifications to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Municipal Solid Waste (MSW) Landfills. The changes apply to the NESHAP for the source category that was issued on March 26, 2020 and include clarifications to the wellhead monitoring requirements; the delegation of authority to state, local and tribal agencies; the applicability of the General Provisions to affected facilities; and the handling of monitoring data for combustion devices during monitoring system breakdowns, repairs, calibration checks and adjustments. EPA is also amending the MSW Landfills New Source Performance Standards to clarify the timing of compliance for existing sources that have modified but previously triggered the requirement to install a gas collection and control system under related rules. Finally, EPA is revising the definition of “Administrator” in the MSW Landfills Federal Plan to make it consistent with other federal plans.
For further information: https://www.epa.gov/stationary-sources-air-pollution/municipal-solid-waste-landfills-national-emission-standards
EPA published in the Federal Register (87 Fed. Reg. 2,735) a notice rescheduling the virtual public hearing for the proposed aircraft PM emission standards and test procedures announced on December 17, 2021. The public hearing will now take place on Thursday, February 17, 2022. All attendees, whether testifying or just observing, must pre-register by no later than Monday, February 14, 2022. In prior announcements, EPA stated that if you already registered for the previously scheduled hearing (that was to be held on January 20, 2022) you must pre-register again for the rescheduled February 17 hearing. EPA has now announced that was incorrect and “[i]f you have already registered for the previous January 20 hearing, you do not need to register again for the new February 17 hearing.” The proposed rule has not yet been published in the Federal Register but will be prior to the reschedule public hearing. Once published, EPA will accept written comments for 60 days.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-01-19/pdf/2022-00997.pdf, https://usepa.zoomgov.com/webinar/register/WN_qyQD8vcgTJy3oIZSQjIL4g and https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-control-air-pollution-aircraft-engines
EPA, a coalition of states and municipalities, and other parties that opposed EPA’s Affordable Clean Energy (ACE) Rule and support a more expansive interpretation of EPA’s authority to regulate greenhouse gas (GHG) emissions from existing power plants filed briefs in the United States Supreme Court, which is hearing challenges to the January 2021 decision of the U.S. Court of Appeals for the District of Columbia Circuit to vacate the ACE Rule. The Supreme Court agreed to review the D.C. Circuit decision in November 2021; the question under review is whether Section 111(d) of the Clean Air Act authorizes EPA to set a “best system of emission reduction” (BSER) for existing plants that requires emission reduction measures that go beyond ones that apply “to and at” individual plants. The Supreme Court cases are consolidated under lead case West Virginia, et al. v. EPA (Case No. 20-1530). In their briefs, EPA and the other Respondents argue that the Petitioners lack standing to challenge the D.C. Circuit opinion at this time, because the case is not ripe for review; no Section 111(d) rule is currently in effect for power plants, and Petitioners are asking the Court to issue what amounts to an impermissible advisory opinion, they argue. The Respondents also urge the Court to reject arguments by Petitioners asking it to apply the “major questions” doctrine to this case. That doctrine provides that an agency cannot issue a major rule that has “vast economic and political significance” unless Congress has clearly authorized the agency to do so by statute – which the Petitioners argue Section 111(d) does not do. The Respondents also assert that the text and context of Section 111(d) – in particular, the use of the word “system” – do not, as the Petitioners contend, foreclose EPA from considering systems that go “beyond the fenceline” of individual plants, e.g., ones that require generation-shifting from coal to natural gas or renewable energy. The Supreme Court will hear oral arguments in West Virginia v. EPA on February 28.
For further information: https://www.4cleanair.org/wp-content/uploads/Federal-Respondents-Brief.pdf (Brief for the Federal Respondents); https://www.4cleanair.org/wp-content/uploads/State-and-Municipal-Respondents-Brief.pdf (Brief for State of New York and Other State and Municipal Respondents); https://www.4cleanair.org/wp-content/uploads/NGO-and-Trade-Assn-Respondents-Brief.pdf (Brief of Non-Governmental Organization and Trade Association Respondents); https://www.4cleanair.org/wp-content/uploads/Power-Company-Respondents-Brief.pdf (Brief of Power Company Respondents); andVhttps://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1530.html (Supreme Court docket in West Virginia v. EPA)
A new Executive Order by Virginia Governor Glenn Younkin directs the Commonwealth’s Department of Environmental Quality to report within 30 days on the costs and benefits of Virginia’s participation the Regional Greenhouse Gas Initiative (RGGI). Virginia became the 11th state to join RGGI in 2020, which uses an allowance cap and trade system to reduce CO2 emissions from the power sector. Executive Order 9 also calls for an “emergency regulation” to repeal rules set by the state’s Air Pollution Control Board that govern the state’s participation in RGGI. The order says Virginia will notify RGGI of the Commonwealth’s intent “to withdraw from RGGI, whether by legislative or regulatory action.” In a January 19, 2022, Virginia Solicitor General Andrew Ferguson also informed the Clerk of the Supreme Court of the United States that Virginia would no longer be participating as a respondent in the Supreme Court cases consolidated under West Virginia v. EPA (Case No. 20-1530). Virginia had signed on to an August 2021 letter by 30 states and municipalities intervening in the case as respondents in support of EPA’s authority to regulate power plant emissions under Section 111 of the Clean Air Act. However, the January 19, 2022 letter reads that “Following the change in Administration on January 15, 2022, the Attorney General has reconsidered Virginia’s position in this case. Virginia is no longer of the view that EPA’s repeal of the CPP was unlawful. Virginia is now of the view that Section 111(d) did not grant EPA authority to issue the [Clean Power Plan], and its repeal was therefore required. Thus, although Virginia remains a respondent pursuant to Supreme Court Rule 12, it supports the petitioners’ arguments in this case.”
For further information: https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/74—eo/74—eo/EO-9–RGGI.pdf and https://www.supremecourt.gov/DocketPDF/20/20-1530/210830/20220119170258353_West%20Virginia%20v.%20EPA%20-%2019%20January%202022.pdf and https://www.supremecourt.gov/DocketPDF/20/20-1778/187123/20210810143851099_No%2020-1530%20et%20al.Brief%20for%20States%20and%20Municipalities%20in%20Opposition.pdf
The Michigan Department of Environment, Great Lakes and Energy (EGLE) has released a draft plan for carbon neutrality for the state by 2050. The plan includes a greenhouse gas (GHG) emission reduction goal of 28 percent 2025, a 52-percent reduction by 2030 and carbon neutrality by 2050. The plan includes a phasing out of coal for electricity by 2035; expansion of public transit, and support for 2 million electric vehicles by 2030. In addition, state buildings and facilities will be powered entirely by renewable energy by 2025.
For further information: https://www.michigan.gov/egle/0,9429,7-135–575805–,00.html and https://www.michigan.gov/documents/egle/Draft-MI-Healthy-Climate-Plan_745872_7.pdf
A companion pair of bipartisan bills has been introduced in the U.S. Senate and the U.S. House of Representatives to advance climate adaptation and resilience. The two bills (H.R. 6461 and S.3531) require the federal government to develop a “National Climate Adaptation and Resilience Strategy” to deal with climate change impacts including sea level rise and extreme weather. They also create a White House “Chief Resilience Officer” and a council of non-federal partnerships that includes frontline communities. The Senate bill was introduced by Sens. Lisa Murkowski (R-AK) and Chris Coons (D-DE); the House bill was co-sponsored by Reps. Maria Salazar (R-FL) and Scott Peters (D-CA).
For further information: https://www.congress.gov/bill/117th-congress/house-bill/6461/ and https://www.congress.gov/bill/117th-congress/senate-bill/3531
The Clean Air Task Force (CATF) announced an interactive tool that maps the “staggering damage” caused in the U.S. by transportation-related diesel emissions. The CATF mapping tool – called Deaths by Dirty Diesel – is “[I]ntended for use by local community members, advocates, health and environmental professionals, and reporters who are interested in identifying and quantifying the impacts of diesel on their community’s well-being.” According to CATF, the tool tracks EPA data by mapping the reported 8,800 deaths, 3,700 heart attacks, hundreds of thousands of respiratory illnesses and almost $1 trillion in monetized health damages per year across the country, nationally as well as by state (among the 48 contiguous states), county and metropolitan area. “Diesel emissions from the transportation sector are wreaking havoc on air quality in many U.S. communities. We hope this map will help people living and working in the most affected towns and cities quantify and articulate the enormous damage that diesel pollution causes in their communities. This information can help them push local and state leaders in government and business to develop better community planning processes, make smarter and more sustainable investments in roadways and fleet vehicles, and provide better access to preventative and responsive health care,” said Jonathan Lewis, Director of Transportation Decarbonization at CATF, in a press statement.
For further information: https://www.catf.us/deathsbydiesel/ and https://www.catf.us/2022/01/new-catf-tool-maps-staggering-health-economic-damages-caused-diesel-emissions/
A new study by Harvard University researchers has found that extreme heat events from 2016-2018 increased summertime visits by children to hospital emergency departments by nearly 12 percent, due to a variety of causes. The new study “Warm Season and Emergency Department Visits to U.S. Children’s Hospitals,” was published in the journal Environmental Health Perspectives, and examined more than 3 million child and adolescent emergency department visits at children’s hospitals in 27 states. It found that children may be among the most vulnerable demographics from heat events, particularly those from communities of color. The study found that children are at increased risk of needing emergency care both from heat-related illnesses and other conditions, such as bacteriological infections, during these heat events.
For further information: https://ehp.niehs.nih.gov/doi/10.1289/EHP8083
EPA marked the first anniversary of the inauguration of Joseph R. Biden, Jr. and Kamala D. Harris as President and Vice President of the United States by publishing the first in a series of commentary-style articles by EPA employees and senior leaders who will share their insights on a variety of topics to help keep the public informed of agency actions in 2022. The first article in the series, by EPA Administrator Michael S. Regan, reflects on “A Year of Accomplishments at EPA,” focusing on Tackling the Climate Crisis, Advancing Environmental Justice and Protecting the Health and Safety of Communities. The Administrator also released a reel recapping some of his favorite moments of the past year.
For further information: https://www.epa.gov/perspectives, https://www.youtube.com/watch?v=H_Z4UCsYbKY and https://www.epa.gov/newsreleases/year-accomplishments-epa