January 8-14, 2022
In this week's issue:
- Coal Power, Freight Trucks Led U.S. GHG Emissions Rebound In 2021 (January 10, 2022)
- OIG Recommends EPA Address Declining Title V Fee Revenues and Improve Oversight (January 12, 2021)
- EPA Publishes Proposed Amendments to Primary Copper Smelters Air Toxics Rule (January 11, 2022)
- EPA to Evaluate Whether Piston-Engine Aircraft Lead Emissions Endanger Public Health (January 12. 2022)
- Senate Committee Advances Nomination of Chris Frey to Head EPA ORD, Postpones Vote on David Uhlmann to Lead EPA OECA (January 12, 2022)
- EPA Publishes Final Findings of Failure to Submit SSM SIP Revisions (January 12, 2022)
- SCOTUS Denies Petition for Review of Lower Court Ruling Striking Down Year-Round Sale of E15 (January 10, 2022)
- DOE Launches “Clean Energy Corps” Hiring Boom (January 13, 2022)
- North Carolina Expands Climate Ambition in Executive Order (January 7, 2022)
- 2021 Warming Data Continues Daunting Pattern Of Increasing Global, Local Temperatures (January 11, 2022)
This Week in Review
Analysis by the consulting firm The Rhodium Group finds that greenhouse gas (GHG) emissions surged in 2021 in the United States over the levels from the prior year. According to the report, US emissions rose 6.2 percent in 2021 compared to 2020, slightly faster than the 5.7 percent GDP growth experienced in 2021. The Rhodium Group study found that power sector emissions rose by 6.6 percent from 2020, despite little electric demand growth and a 4 percent increase in renewable energy use. The study identified a 17 percent rise in US coal generation in 2021 – its first increase in six years – as the source of the jump in emissions in this sector. Transportation sector GHG emissions rose 10 percent over 2021 levels despite little increases from light duty, aviation, and other mobile source emissions, with one exception: heavy duty vehicle emissions increased significantly over 2020 levels and even above 2019’s pre-pandemic levels. Rhodium concludes that “The uptick in GHG emissions in 2021 moves the country even further from meeting its Paris Agreement climate target of reducing emissions 50-52% below 2005 levels by 2030. In 2020, due to the economic impacts of the COVID-19 pandemic, emissions fell to 22.2% below 2005 levels. In 2021, US emissions ticked up to 17.4% below 2005 levels”.
For further information: https://rhg.com/research/preliminary-us-emissions-2021/
Declining Clean Air Act Title V fee revenues, as well as the misuse of Title V funds, pose a “significant challenge” to EPA and Title V permitting authorities, according to a new report published by EPA’s Office of Inspector General (OIG). The report, titled “EPA’s Title V Program Needs to Address Ongoing Fee Issues and Improve Oversight,” summarizes the results of a two-year audit of EPA’s evaluation of state and local Title V programs and its identification of insufficient collection or misuse of Title V fees. According to OIG, nine out of ten EPA regions have cited declining fee revenues as a key challenge faced by agencies in their jurisdiction. This is largely attributable to permitting authorities’ reliance on emissions-based fees, as emissions of criteria pollutants dropped 73 percent between 1980 and 2020. EPA regions have also determined that at least three permitting authorities have improperly used non-Title V revenue to help fund their Title V programs, and a number of states have spent Title V funds for non-Title V purposes, in violation of Clean Air Act requirements. OIG recommended that EPA’s Office of Air and Radiation take the following steps to address the issues of declining Title V fee revenues: 1) coordinate with EPA regions to provide recurring training on Title V fee laws and regulations to permitting agencies; 2) in collaboration with EPA regions, develop and implement a plan to address declining Title V revenues; and 3) update EPA’s guidance documents to require regions to establish time frames for permitting authorities to complete corrective actions in program and fee evaluation reports and clear, escalating consequences if timely corrective actions are not completed. The report also found that EPA’s oversight of the fee-review component of Title V program evaluations was inconsistent and not always sufficient to identify fee-related issues that may undermine the health of a program. In response, OIG made three additional recommendations: 4) update CAA Title V guidance documents to establish criteria for when regions must conduct Title V fee evaluations and require a minimum standard of review for fee evaluations; 5) provide training to EPA regional staff on the updated CAA Title V fee guidance and how to conduct fee evaluations; and 6) collaborate with regional staff to identify and make available the regional resources and expertise necessary to conduct fee evaluations. OAR agreed with all six recommendations and proposed corrective actions and estimated completion dates for each of them. Its responses to recommendations 1 through 5 have met with OIG’s approval; recommendation 6 remains unresolved. Of note, in response to recommendation 2, OAR has committed to convening a workgroup and developing strategies to address declining Title V fee revenues.
For further information: https://www.epa.gov/office-inspector-general/report-epas-title-v-program-needs-address-ongoing-fee-issues-and-improve
EPA has published in the Federal Register proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Primary Copper Smelting major and area sources (87 Fed. Reg. 1,616). EPA has determined that the residual risk remaining after the implementation of the NESHAP is unacceptable and is proposing additional requirements, including new standards for previously unregulated sources, particulate matter standards (as a surrogate for metals), mercury standards, work practice standards for fugitive dust control and revised requirements for periods of startup, shutdown and malfunction. Three sources are affected by this proposal, including two major sources in Arizona and an area source in Utah. The public comment period closes on February 25, 2022.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-01-11/pdf/2021-28273.pdf and https://www.epa.gov/stationary-sources-air-pollution/primary-copper-smeltingarea-sources-national-emissions-standards and https://www.epa.gov/stationarysources-air-pollution/primary-copper-smelting-national-emissions-standardshazardous-air
EPA announced its intention to evaluate whether lead emissions from piston-engine aircraft, which are fueled by leaded gasoline, pose a danger to public health and welfare. EPA is undertaking this action in response to a letter dated August 24, 2021, and updated October 12, 2021, in which the Alaska Community Action on Toxics, Center for Environmental Health, Friends of the Earth, Montgomery-Gibbs Environmental Coalition, Oregon Aviation Watch, the county of Santa Clara and the town of Middleton petitioned EPA to make an endangerment finding under Clean Air Act Section 231 that leaded aviation gasoline contributes to air pollution that harms public health and welfare. When announcing this decision, EPA Administrator Michael S. Regan stated, “Protecting children’s health and reducing lead exposure are interlocking priorities at the core of EPA’s agenda. EPA has been investigating the air quality impact of lead emissions from piston-engine aircraft near airports for years, and now we’re going to apply that information to determine whether this pollution endangers human health and welfare.” In its written response to petitioners EPA states its intent to issue a proposed endangerment finding in 2022. After the proposal undergoes full public notice and comment EPA will issue any final endangerment finding in 2023.
For further information: https://www.epa.gov/newsreleases/epa-evaluate-whether-lead-emissions-piston-engine-aircraft-endanger-human-health-and and https://www.epa.gov/regulations-emissions-vehicles-and-engines/petitions-and-epa-response-memorandums-related-lead
By a vote of 11 to 9, the Senate Environment and Public Works (EPW) Committee advanced the nomination of Dr. H. Christopher Frey to be the EPA Assistant Administrator for the Office of Research and Development. Dr. Frey’s nomination will now proceed to the full Senate for consideration. However, EPW’s planned vote on the nomination of David Uhlmann to be the EPA Assistant Administrator for the Office of Enforcement of Compliance Assurance (OECA) was held back by Committee Chair Tom Carper (D-DE), who, reportedly, cited a member of the Committee who had not yet received a response to an information request unrelated to Mr. Uhlmann or the position of Assistant Administrator for OECA. The following day, EPW Committee member Senator Cynthia Lummis (R-WY) issued a press statement in which she “condemned” EPA’s proposed disapproval of Wyoming’s revised regional haze State Implementation Plan at the Jim Bridger Power Plant: “The EPA’s decision today is a complete reversal from that of career EPA employees during the previous administration. The Biden EPA’s decision here is needlessly hurting Wyoming’s energy workers and threatening America’s energy independence as well. It is blatantly political, and I will continue to block President Biden’s EPA nominees over this issue. Wyoming has worked tirelessly to comply with federal law on its regional haze plan for the Jim Bridger Power Plant. The Biden administration’s decision to reverse course to appease environmental activists, including climate czars in the White House, will not help the people, or the environment, of Wyoming.”
For further information: https://www.epw.senate.gov/public/index.cfm/press-releases-democratic?ID=90302488-09B2-4431-9CAB-6F64C78F4AEE and https://www.lummis.senate.gov/press-releases/lummis-condemns-biden-epa-for-disapproving-wyomings-jim-bridger-power-plant-regional-haze-plan/
EPA published in the Federal Register (87 Fed. Reg. 1,680) a final action making findings of failure to submit State Implementation Plan (SIP) revisions to appropriately address excess emissions that occur during periods of startup, shutdown and malfunction (SSM). On September 30, 2021, EPA issued a memorandum withdrawing an October 2020 memorandum that superseded a 2015 policy and SIP call (thereby reinstating the 2015 policy and SIP call). Under the September 2021 memo, EPA determined that SIP provisions that exempt emission limits during SSM or that provide affirmative defense provisions are inconsistent with the Clean Air Act and, generally, not approvable. With the 2015 policy reinstated, enforceable emission limits are back in place under all modes of source operation. There are 12 jurisdictions to which the findings of failure to submit apply: Alabama; Arkansas; San Joaquin Valley (CA) Air Pollution Control District; District of Columbia; Illinois; Forsyth County (NC); Ohio; Rhode Island; South Dakota; Shelby County (TN); Washington – Energy Facility Site Evaluation; and Southwest Clean Air Agency (WA). The findings set a 24-month deadline for EPA to either approve submitted SIPs or finalize Federal Implementation Plans (FIPs) to apply in jurisdictions that do not submit an approvable SSM SIP. The findings also initiate two mandatory sanctions “clocks.” Under the first, a 2:1 offset ratio for the nonattainment New Source Review (NSR) program goes into effect in areas that have not submitted complete SSM SIPs within 18 months after the final findings take effect. Under the second, federal highway funding may be withheld if complete SIPs are still not submitted within 6 months following the imposition of the NSR offset sanctions. The final findings of failure to submit take effect February 11, 2022.
For further information: https://www.govinfo.gov/content/pkg/FR-2022-01-12/pdf/2022-00138.pdf
The U.S. Supreme Court denied an October 4, 2021, petition for review (Growth Energy v. Am. Fuel & Petrochemical Mfrs., U.S., No. 21-519) of a decision by the U.S. Court of Appeals for the District of Columbia to vacate a June 10, 2019, rule in which EPA adopted a new interpretation of the Clean Air Act to authorize the year-round sale of gasoline blended with up to 15 percent ethanol (E15). On July 2, 2021, the D.C. Circuit held that EPA exceeded its authority in the 2019 rule, which was issued after then-President Trump directed the agency to consider modifying the volatility limits for E15 so it could “be sold year-round rather than just eight months of the year.” In a unanimous decision by a three-judge panel, the court vacated Section II of the rule, in which EPA announced a new statutory interpretation of when limits on fuel volatility can be waived and relatedly reinterpreted the term “substantially similar” in order to allow for year-round sales of E15, by finding that E15 is substantially similar to E10. The court determined that the text, structure and legislative history of Section 211(h)(4) of the Clean Air Act foreclose EPA’s application of the statute’s 1-pound-per-square-inch Reid Vapor Pressure waiver for E10 during the summertime ozone season (May 1 through September 15). It also found that Section II of the rule is severable from Section III, which addresses the renewable identification number market; that portion of the regulation remained in place. In its failed petition for review, Growth Energy argued to the Supreme Court that the D.C. Circuit’s decision conflicted with basic principles of statutory interpretation as established by the Supreme Court’s precedent and would have “exceptionally important” consequences and that the case presented “an ideal – indeed, the only – vehicle to resolve this critical issue.”
For further information: https://www.4cleanair.org/wp-content/uploads/SCOTUS_Denies_Petition_to_Review_Ruling_Upholding_E15_Rule-011022.pdf
The U.S. Department of Energy (DOE) announced that it will hire 1,000 people in the next year, the largest expansion of the agency in its history. The hiring target would expand DOE’s current staff of 13,300 employees by 7.5%. The department is working to implement $62 billion in agency spending included in provisions of the November 2021 infrastructure law, including $21.5 billion for clean energy and research; $11 billion for grid resilience; $7 billion for energy storage; and $6 billion to support nuclear power. DOE said that the hires would constitute a new “Clean Energy Corps” that will research, develop, demonstrate, and deploy solutions to climate change using current staff and new hires across more than a dozen offices. “This is an open call for all Americans who are passionate about taking a proactive role in tackling the climate crisis and want to join the team that is best positioned to lead this transformative work,” U.S. Secretary of Energy Jennifer M. Granholm said in the announcement, “Solving the world’s greatest challenge will require the inclusion of all voices, perspectives and experiences – and we need people like you to ensure that DOE fulfills on our commitment to accelerating the clean energy transition to reduce emissions and save our planet.”
For further information: https://www.energy.gov/articles/doe-kicks-recruitment-support-implementation-bipartisan-infrastructure-law
North Carolina Governor Roy Cooper has signed an executive order designed to build on the state’s existing GHG emissions reduction commitments and advance environmental justice in state agency decisions. Executive Order 246, “North Carolina’s Transformation To A Clean, Equitable Economy”, sets targets for adapting and mitigating climate change impacts to the state, including the reduction of statewide GHG emissions by at least 50 percent over 2005 levels by 2030; and net-zero emissions as soon as possible, no later than 2050. The new Executive Order increases the targets set in 2018 under a previous Executive Order that called for a 40 percent reduction in statewide GHG emissions over 2005 levels, and 80,000 registered zero-emissions vehicles by 2025. Executive Order 246 also calls for a “Deep Decarbonization Pathways Analysis” will evaluates potential ways to reduce emissions to achieve the 2050 net-zero goal by January 2023, and for the state’s departments of Environmental Quality, Transportation, and Commerce to develop a Clean Transportation Plan by April 2023. Finally, all North Carolina governmental agencies are directed by Executive Order 246 to develop “a public participation plan for underserved neighborhoods and communities of color” by June 1, 2022.
For further information: https://governor.nc.gov/media/2907/open https://governor.nc.gov/media/967/open
Independent analyses by the National Air and Space Administration (NASA) and the National Oceanic and Atmospheric Administration (NOAA) place 2021 as tied with 2018 as the sixth warmest on year record. Global temperatures in 2021 were 1.5°F (0.85°C) above the average for NASA’s baseline period from 1951-1980. Despite cooling influence of La Nina, 2021 was the hottest year on record for many places in the world, including Canada, China, Sub-Saharan Africa, and the Pacific. In addition, ten U.S. cities experienced their hottest year on record in 2021: Toledo OH; Sault Ste. Marie, MI; Montpelier, VT; Milwaukee, WI, Erie, PA; Buffalo, NY; Boston, MA; Bismarck, ND; Baltimore, MD; and Akron, OH. NASA’s announcement also noted that globally, the past eight years are the eight warmest years since modern recordkeeping began in 1880.
For further information: https://www.nasa.gov/press-release/2021-tied-for-6th-warmest-year-in-continued-trend-nasa-analysis-shows