[USA] EPA releases new rule to reduce NOx emissions from powerplants, other sources in nearly a dozen states

On March 15, 2023, the Environmental Protection Agency (EPA) released its final Good Neighbor Plan to cut nitrogen oxide (NOx) pollution from power plants and other industrial facilities in 23 states.[1] [2] The Good Neighbor Plan ensures that these states meet the Clean Air Act’s “Good Neighbor” requirements by reducing pollution that significantly contributes to problems attaining and maintaining EPA’s health-based air quality standard for ground-level ozone, known as EPA’s 2015 Ozone National Ambient Air Quality Standards (NAAQS), in downwind states. The rule limits emissions of NOx during the summertime “ozone season” through a NOx allowance trading program for fossil fuel-fired power plants in 22 states and NOx emissions standards for certain sources within nine industry categories in 20 states.

Under the new rule, power plant owners in these states (except California), will face tighter NOx emissions requirements starting in the 2023 ozone season. Power plants without NOx emissions reduction equipment will have to install the equipment, and power plants with the equipment will be required to run it all the time during the ozone season to protect downwind areas. More reductions will be phased in starting in 2024 and reflect emissions levels that could be achieved through the installation of new emissions controls. In addition, beginning in the 2026 ozone season, the EPA is setting enforceable NOx emissions control requirements for certain sources at new and existing industrial facilities in 20 states. This plan will reduce ozone season NOx pollution by about 70,000 tons from power plants and industrial facilities in 2026.

[1] https://www.epa.gov/newsreleases/epa-announces-final-good-neighbor-plan-cut-harmful-smog-protecting-health-millions

[2] Alabama, Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, New Jersey, Oklahoma, Ohio, Pennsylvania, Texas, Utah, Virginia, West Virginia, Wisconsin

[USA] EPA finalizes ambitious GHG emissions standards for passenger cars and light trucks

On December 20, 2021, the Environmental Protection Agency (EPA) finalized its greenhouse gas (GHG) emissions standards for passenger cars and light trucks for Model Years (MY) 2023 through 2026.[1] According to the EPA, the standards are the most ambitious vehicle GHG emissions standards ever established for the light-duty vehicle sector in the U.S. The EPA’s final standards for 2025 and 2026 are more ambitious than those proposed in the initial rulemaking stage in August of 2021.

The final standards will unlock $190 billion in net benefits, including reduced impacts of climate change, improved public health from lower pollution, and cost savings for vehicle owners through improved fuel efficiency. The EPA projects that as the GHG standards get stronger over four years, sales of electric vehicles and plug-in hybrid vehicles will grow from about 7% market share in MY 2023 to about 17% in MY 2026. The standards will also result in avoiding more than 3 billion tons of GHG emissions, equivalent to more than half the total of U.S. CO2 emissions in 2019. Though the standards are ambitious, the EPA said that they provide adequate time for manufacturers to comply at reasonable costs. The final standards also put the light-duty vehicle GHG program on track to launch the next phase of standards for MY 2027 and beyond. The EPA is planning to initiate a separate rulemaking to set standards for MY 2027 and later in compliance with Biden’s “Executive Order on Strengthening American Leadership in Clean Cars and Trucks.”

[1] https://www.epa.gov/newsreleases/epa-finalizes-greenhouse-gas-standards-passenger-vehicles-paving-way-zero-emissions

[USA] EPA announces new rule to reduce methane emissions

On November 2, 2021, the Environmental Protection Agency (EPA) introduced a proposed new Clean Air Act rule to reduce methane emissions from the oil and natural gas industry, including, for the first time, reductions from existing sources.[1] The proposed rule is in response to Biden’s January 20, 2021, executive order, which, among other things, directed the EPA to propose new regulations to reduce methane and volatile organic compound (VOC) emissions from existing operations in the oil and gas sector. One-third of the warming from greenhouse gases comes from methane, which traps about 30 times as much heat as carbon dioxide over 100 years. In the U.S., the oil and natural gas industry is the largest industrial source of methane emissions. Oil and gas operations also emit VOCs and other air pollutants.

According to the EPA, the proposed rule would reduce 41 million tons of methane emissions from 2023 to 2035, the equivalent of 920 million metric tons of carbon dioxide. In 2030 alone, the rule would reduce methane emissions by 74% compared to 2005. It would accomplish this through updated and broadened emission reduction requirements for new, modified, and reconstructed oil and gas sources for the first time under the Clean Air Act; and requirements that states develop plans to limit methane emissions from existing sources nationwide, along with presumptive standards for existing sources to assist in the planning process.  

[1] https://www.epa.gov/newsreleases/us-sharply-cut-methane-pollution-threatens-climate-and-public-health

[USA] “In Civil Settlements with the United States and California, Fiat Chrysler to Settle Allegations of Cheating on Federal and State Vehicle Emissions Tests”

[EPA, 10 January 2019]

Fiat Chrysler Automobiles N.V., FCA US, and affiliates were accused of violating the Clean Air Act and California laws. But the company managed to reach a settlement with the Department of Justice, the EPA, and the State of California. The resulting settlement requires Fiat Chrysler to start a recall program that would repair over 100,000 non-compliant diesel vehicles sold or leased sin the US and would have to offer an extended warranty on these repaired cars. In addition, the automobile company needs to pay $305 million to settle the claims of manipulating emission tests and failing to disclose the illegal devices used to defeat the emission tests. Finally, the company will have to create a program to mitigate the excess pollution caused by the exploitation of emission tests by their vehicles. Fiat has also entered into a separate settlement with the state of California which requires the company to pay another $19 million for Fiat’s non-compliant vehicles in California. Separately, the company must pay $6 million to United States Customs and Border Protection to resolve accusations of the illegal importation of 1,700 non-compliant vehicles. It is important to note that these settlements do not “resolve any potential criminal liability.”

[USA] “Acting EPA Administrator Wheeler Concludes Visit to G7 Environmental Ministers Meeting”

[EPA, 20 September 2018]

The EPA Administrator concluded his visit to the G7 Environmental Ministers Meeting on September 20, 2018. The meeting involved leading officials from Japan, the United Kingdom, Canada, Germany, France, Italy, and the European Commission. Wheeler participated in one-on-one as well joint sessions. These sessions often focused on reducing air and water pollution, transitioning to a low carbon economy, resource efficiency, food waste, and improving “natural infrastructure to reduce coastal risk.” Wheeler and the European Union Commission delegate, Daniel Calleja, also talked about developing an air quality exchange in order to share technical information between EPA and EU experts.  Wheeler stated of the conference, “The United States is pleased with the progress being made by global leaders to advance practical solutions that will reduce marine litter, minimize food waste, and improve air quality. We look forward to continuing constructive dialogue.”

[USA] “EPA Grants $1.6 Million to Northwest and Alaska Tribal Groups to Reduce Harmful Diesel Emissions”

[EPA, 12 September 2018]

The Environmental Protection Agency (EPA) has granted $1.6 million to three tribal groups in the Northwest and in Alaska; the Lummi and Tulalip Tribes (in Washington state) and the Tanana Chiefs Conference in Alaska. This award will be used to replace old diesel engines and generators thereby reducing the amount of harmful emissions the tribes will be exposed to. This award is provided under the EPA’s Diesel Emissions Reduction Act (DERA). DERA works to reduce diesel combustion byproducts (e.g. hydrocarbons, carbon monoxide, nitrogen oxides, and particulate matter) by funding retrofit projects, engine replacements, and promotes idle reduction. Chris Hladick, EPA’s Regional Administrator for the Pacific Northwest and Alaska, stated “Clean diesel technologies not only improve air quality in Indian Country, but advance innovation and support jobs. These projects will significantly reduce harmful emissions and protect public health in tribal communities.” It is interesting to note the contrast between the work of EPA’s DERA to reduce harmful emissions and the EPA top administrators’ efforts to reduce vehicle tailpipe emissions standards.

[USA] “Ford Confirms It Can Meet Strong Vehicle Standards – Company Must Oppose Trump Administration’s Severe Rollbacks”

[Union of Concerned Scientists, 10 May 2018]

On a May 10 conference call with shareholders, Ford Motor Company CEO, Jim Hackett, confirmed that Ford will remain committed to efficiency improvements and would be able to meet the Obama Administration’s vehicle emission standards- even if the Trump Administrations wants to roll-back these standards. Following Hackett’s comments, Michelle Robinson -Director of the Clean Vehicles Program at the Union of Concerned Scientists- encouraged Ford to publicly oppose the Trump Administration’s proposal to ease emissions standards: “Jim Hackett and his company have an opportunity to show real leadership—not just by keeping their word and delivering cleaner cars, but by telling the Trump administration not to throw out the successful standards that have made those cleaner cars possible. If Ford executives know they can meet these standards, they have a responsibility to defend them.”

[USA] “EPA Announces Availability of Funding to Reduce Emissions from Diesel Engines Nationwide”

[EPA, 24 April 2018]

The EPA has approved grant funding to reduce diesel emissions by retrofitting or replacing existing vehicles with cleaner and more efficient diesel engines. The Diesel Emission Reduction Program (DERA) provides about $40 million to eligible applicants; this program will end when funds are no longer available. Scott Pruitt, the EPA Administration, stated, “These grants will incentivize improvements to aging diesel fleets and improve air quality throughout the country.” Additionally, these funds will be prioritized for those in areas with “significant air quality issues” and fleets that are focused on transporting goods. Priority is also placed on those projects that support and benefit local communities and those projects/applicants that can show their intention and ability to continue emissions reductions even after the end of the project. 

[USA] “EPA Enforcement Rollback Could Increase Toxic Air Pollution, Science Group Says”

[Union of Concerned Scientists, 24 April 2018]

The EPA recently ended the “once in, always in” policy regarding polluters and their emissions- a change that “creates a loophole that would enable facilities to comply with weaker standards and reduce federal oversight,” according to the Union of Concerned Scientists (UCS). Polluters who emit these toxins (e.g. benzene, styrene, and formaldehyde) will have more leeway in their level of polluting emissions. Thousands of facilities would be able to petition for reclassification- which, UCS suggests, could add an extra 35,000 tons of pollution annually.  Though the exact impact of this change is still uncertain, UCS has stated that the new policy would have the greatest impact in 21 of the 50 states- specifically, areas that depend only on federal enforcement.

[USA] “EPA Administrator Pruitt: GHG Emissions Standards for Cars and Light Trucks Should Be Revised”

[EPA, 2 April 2018]

The Environmental Protection Agency (EPA) Administrator Scott Pruitt announced at the conclusion of the “Midterm Evaluation (MTE) process for the greenhouse gas (GHG) emissions standards for cars and light trucks for model years 2022-2025” that current emission standards (set by the Obama Administration) are higher than necessary. Accordingly, the EPA and National Highway Traffic Safety Administration (NHTSA) will work together to begin a notice and comment rulemaking process to set standards that are in line with the Trump Administration’s views on this regard. Pruitt intends the new standard to apply at a national scale and is meant to encourage the affordability of new cars “while still expanding environmental and safety benefits of newer cars.”