Air

Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

Topic Subtitle
Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

Environmentalists Warn EPA’s International Waivers Threaten Air Quality

Environmentalists are warning that EPA’s new policy easing states’ ability to win regulatory waivers for international air pollution is a deliberate attempt to “hamstring” air pollution reductions, and that it may enable states far from international borders to avoid taking tougher measures to attain federal air quality standards. In its Nov. 19 proposed approval of an Arizona demonstration that the Phoenix area would have met federal ozone standards “but for” international air pollution, EPA announced a more flexible policy on...

DOJ Seeks Dismissal Of California’s Amended Suit Over CRA Waiver Repeals

The Department of Justice (DOJ) is detailing arguments for why a federal district court should dismiss an amended complaint by California and 10 other states that EPA, Congress and other federal officials illegally used the Congressional Review Act (CRA) to rescind Clean Air Act preemption waivers for several California vehicle programs. “Plaintiffs’ claims are non-justiciable as a statutory matter,” states DOJ’s Nov. 17 motion to dismiss . “The CRA expressly precludes review: ‘No determination, finding, action, or omission under this...

Ethanol Producers Fear CARB Rules Will Delay E15 Introduction In State

Ethanol producers from across the country are elevating concerns that the California Air Resources Board (CARB) may significantly delay the introduction of 15 percent ethanol gasoline blends (E15) in the state due to potentially lengthy rulemakings to ensure the fuel is safely dispensed, stored and used. For example, the Renewable Fuels Association (RFA) is objecting to CARB’s Nov. 10 FAQ that states in part that vapor recovery equipment certified for E10 “’will need to be certified for use with E15’...

Judges Appear Doubtful Of EPA Claims In Delay Of California PM Attainment

Judges on a 9th Circuit panel appeared doubtful about some of EPA’s arguments in a case challenging the agency’s approval of a one-year extension of an attainment deadline for California’s San Joaquin Valley to meet a 1997 fine particulate matter (PM2.5) standard, and indicated they could remand issues back to EPA that may prevent such extensions in the future. During Nov. 19 oral arguments in Little Manila Rising, et al. v. EPA, et al. , a three-judge panel of the...

9th Circuit Panel Appears Split On EPA ‘Contingency Measures’ Air Policy

A panel of 9th Circuit judges appears split on the merits of the agency’s approval of California air regulators’ “contingency measures” (CMs) that environmentalists say are too weak, in a test of the agency’s recent policy relaxing the terms of such measures that are required as backstops in state air plans if areas fail to attain air quality goals. During Nov. 19 oral argument in Committee for a Better Arvin, et al. v. EPA and California Air Resources Board (CARB)...

EPA Unveils Plan To Ease State Waiver Policy On International Emissions

EPA is announcing a new and significantly relaxed policy that should enable states to more easily win regulatory exemptions due to international emissions, dropping previous guidance that limited states’ ability to win waivers and reserving broader discretion for the EPA administrator, according to a proposed approval of such a waiver for Arizona. In a notice published in the Federal Register Nov. 19, EPA says it plans to approve a demonstration by state air regulators that the Phoenix area would...

EPA extends comment on novel lead smelters air rule

EPA is extending a public comment period from Nov. 17 until Dec. 8 on its novel plan to exempt de minimis air toxics emissions from secondary lead smelters from regulation, at the request of battery recyclers that sought additional time to formulate comments on the plan that environmental and public health groups already warn is unlawful. Agency officials in a Nov. 17 memo granted the October comment extension request by the Association of Battery Recyclers. “This extension is necessary...

Environmentalists Say Authority For NSR Accounting Rule ‘Does Not Exist’

Environmental groups are detailing arguments in litigation challenging EPA’s “project emissions accounting” policy under the new source review (NSR) air permitting program, claiming the policy is unlawful and lacks any statutory basis, and that it enables industry to avoid NSR by artificially grouping disparate activities as a single “project.” In their Nov. 14 brief filed in Environmental Defense Fund, et al. v. EPA, et al. , now pending before the U.S. Court of Appeals for the District of Columbia Circuit,...

Utility GHG Rule May Follow GHG Finding Repeal, Amid Calls For Alignment

EPA appears likely to delay issuing a final rule scuttling power plant greenhouse gas standards until early next year -- after finalizing a repeal of its GHG endangerment finding -- with some industry sources suggesting EPA might also align its power rule justification with what they see as a more robust rationale for repealing the finding. Such a rationale would differ from EPA’s power plant proposal that heavily relied on claiming agency discretion about whether to regulate power plant GHGs,...

D.C. Circuit sets schedule in air toxics reclassification case

The U.S. Court of Appeals for the District of Columbia Circuit is setting a briefing schedule in environmentalists’ lawsuit against the first Trump administration’s rule allowing “major” sources of air toxics to reclassify as more lightly-regulated “area” sources, leaving related questions over facilities’ “potential to emit” (PTE) for a separate case. In a Nov. 12 order in California Communities Against Toxics, et al. v. EPA , the court sets a schedule that requires environmentalists’ opening brief by Jan. 23 and...

Truckers Expected To Fall Short In Bid To Delay EPA Low-NOx Deadline

EPA is planning to issue a proposal next spring that industry sources say would ease Biden-era warranty and minimum useful life requirements for equipment to control nitrogen oxides (NOx) in heavy-duty trucks, though the agency is stating it will maintain the rule’s model year 2027 deadline for tougher standards to take effect. The expectations come after trucking fleets lobbied to push the rule’s start date to 2031 -- sparking objections from truck manufacturers -- and with fleets acknowledging EPA now...

EPA Bar On State Air Plans That Hinder Prescribed Fire Spurs Confusion

State air regulators are expressing confusion about EPA’s rationale for a policy guidance that aims to bar provisions in state plans to meet federal air standards that would inhibit use of “prescribed fire,” a technique used to prevent major wildfires, as environmentalists push back on congressional efforts to promote the practice. In an Oct. 16 policy memo to its regional offices, EPA air chief Aaron Szabo said “any regulatory provisions that would limit strategic deployment of prescribed fire should not...

EJ Groups Clash With Industry, Labor Over L.A. Air District Deal With Ports

Environmental and equity groups are clashing with industry and labor unions over the Los Angeles regional air district’s proposed deal with major ports to reduce air pollution at the facilities, including a provision in which the district would not pursue any new regulations on port sources of emissions for five years. “We oppose the decision to allow the ports to self-regulate,” said Dori Chandler, policy advocate with the Coalition for Clean Air, in a Nov. 7 press release, after the...

9th Circuit Mulls Suit Over EPA Approval Of California PM Attainment Delay

A 9th Circuit panel is scheduled to hear oral arguments in environmentalists’ challenge to EPA’s approval of a one-year extension of the attainment date for California’s San Joaquin Valley area to meet the 1997 annual national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). A three-judge panel of the U.S. Court of Appeals for the 9th Circuit is scheduled to hear arguments in the case, Little Manila Rising, et al. v. EPA, et al. , on Nov. 19...

EPA, Others Back Incineration As An Effective PFAS Destruction Method

EPA and other experts are touting the results of the agency’s recent PFAS incineration test, which showed near-complete destruction or removal of the chemicals with low emissions risks, suggesting that EPA will show stronger support for the controversial method in its soon-to-be-released update to the PFAS destruction and disposal guidance. “Overall, the evaluation of the hazardous waste incinerator did show that incineration is promising for the destruction of PFAS,” said Erin Shields, a researcher formerly with EPA’s Office of Research...

9th Circuit To Hear Suit Over Approval Of California SIP ‘Contingency’ Rules

The 9th Circuit is slated to hear oral arguments in environmentalists’ challenge to EPA’s approval of three “contingency measures” in a state implementation plan (SIP) to bring California’s San Joaquin Valley into attainment of federal soot standards, a case that may provide a key precedent on EPA’s controversial policy for such backstop rules. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit is scheduled to hear arguments in the case -- Committee for a Better Arvin,...

Boulder Officials Urge High Court To Again Reject Oil Industry Climate Suit

Boulder, CO, officials are urging the Supreme Court to again reject the oil industry’s “ever-evolving and mutually inconsistent preemption theories” and deny the sector’s request to stop their climate nuisance and fraud case from proceeding in state court, after the Colorado Supreme Court ruled that it could be heard on the merits. In a Nov. 10 response brief in Suncor Energy, et al. v. Boulder, et al. , the city and county officials say the justices should deny interlocutory review...

CARB Postpones Action On Rules To Reinstate Vehicle Emissions Limits

The California Air Resources Board (CARB) is postponing a decision on whether to permanently reinstate older criteria emission limits for passenger vehicles and heavy-duty trucks -- and possibly newer ones that are currently preempted by the federal government -- following strong opposition and legal threats from EPA and industry. “Please Be Advised that CARB will not hear these items at the November 20, 2025, hearing. The hearing on these items has thus been postponed to a future date and time,”...

Refiners Split Over RFS Waivers Plan Amid Looming Year-End Rule Target

Refiners are deeply split over EPA’s proposal to partially or fully “reallocate” biofuel blending volumes waived for small refineries under the renewable fuel standard (RFS), with large oil companies seeking reduced issuance of such waivers even as both groups oppose the planned reallocation. The debate -- which also includes claims from the biofuels sector that only full reallocation of the waived volumes would be a lawful option for EPA -- comes amid a looming year-end target to finalize the plan...

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