Lower Fuel Economy Standards Ahead

EPA Administrator Scott Pruitt announced the completion of the Midterm Evaluation (MTE) process for the greenhouse gas (GHG) emissions standards for cars and light trucks for model years 2022-2025, and his final determination that, in light of recent data, the current standards are not appropriate and should be revised. Administrator Pruitt also announced the start of a joint process with the National Highway Traffic Safety Administration (NHTSA) to develop a notice and comment rulemaking to set more appropriate GHG emissions standards and Corporate Average Fuel Economy (CAFE) standards.

Under the Clean Air Act (CAA), EPA sets national standards for vehicle tailpipe emissions of certain pollutants. Through a CAA waiver granted by EPA, California can impose stricter standards for vehicle emissions of certain pollutants than federal requirements. The California waiver is being reexamined by EPA.

“Cooperative federalism doesn’t mean that one state can dictate standards for the rest of the country. EPA will set a national standard for greenhouse gas emissions that allows auto manufacturers to make cars that people both want and can afford — while still expanding environmental and safety benefits of newer cars. It is in America's best interest to have a national standard, and we look forward to partnering with all states, including California, as we work to finalize that standard,” said Administrator Pruitt.

As part of the 2012 rulemaking establishing the model year 2017-2025 light-duty vehicle GHG standards, EPA made a regulatory commitment to conduct a MTE of the standards for MY 2022-2025 no later than April 1, 2018. This evaluation would determine whether the standards remain appropriate or should be made more, or less stringent.

EPA and the DOT announced a reestablishment of the MTE process in March 2017. And, in August 2017, EPA reopened the regulatory docket and asked for additional information and data relevant to assessing whether the GHG emissions standards remain appropriate, including information on: consumer behavior, feedback on modeling approaches, and assessing advanced fuels technologies. EPA also held a public hearing on this topic.

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New Report on Threats of Chemical Disasters

Community, environmental, health, workers, and scientist groups released a report highlighting their concerns about the EPA’s delay of the Chemical Disaster Rule. The one-year review spotlighted some of the serious chemical incidents that have occurred while the rule has been on hold over the last year.

The report outlines dozens of examples of chemical disasters that have occurred since the rule was first delayed, including the Arkema explosion that took place in Texas in August 2017 and the ExxonMobil Refinery fire in Louisiana in November 2017. The report also details the personal accounts of those who found themselves in harm’s way, but as local communities often do not receive complete or timely information regarding the flames they see and odors they smell coming from oil refineries and other chemical facilities, these incidents provide only part of the picture. No comprehensive list is available of all of the incidents or resulting harm that have occurred at covered facilities during the delay in part because EPA has not released such a list.

The EPA reported that about 177 million Americans live in the worst-case scenario zones for chemical disasters.  At least one in three schoolchildren attends a school within the vulnerability zone of a hazardous facility, as well. The percentage of African Americans living in fence line zones around 3,433 of the most dangerous facilities is 75% greater than for the US. as a whole, and the percentage of Latinos in these zones is 60% greater.

The Chemical Disaster Rule includes much-needed improvements to the EPA’s Clean Air Act Risk Management Program (RMP) and would prevent and reduce chemical disasters, hazardous releases and resulting chemical exposures, while strengthening emergency preparedness and coordination with local first responders. When developing the rule, the EPA determined that prior protections failed to prevent over 2,200 chemical accidents around the country during a 10-year period, including about 150 incidents per year that caused reportable harm.

The frequency of toxic releases and constant threat of fires and explosions increase even more during hurricane season in the Gulf, where there is a large concentration of oil refineries and chemical facilities. Many of these reported toxic releases and other safety problems during Hurricane Harvey in August. The next hurricane season is scheduled to begin in the Gulf and Atlantic Ocean on June 1, 2018, according to the National Oceanic and Atmospheric Administration’s National Hurricane Center, but the Chemical Disaster Rule remains delayed.

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