In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice.
For instance, in conjunction with an April rule targeting greenhouse gas emissions from powerplants, EPA issued revisions to the Mercury and Air Toxics Standards (MATS) to lower standards for mercury, particulate matter (PM), sulfur dioxide (SO2), nitrogen oxides (NOx), and other constituents emitted from coal-fired powerplants. At the same time, EPA issued new Effluent Limitations Guidelines and Standards reducing limitations for constituents in effluents from powerplants. Also in April, EPA implemented New Source Performance Standards and amended National Emission Standards for Hazardous Air Pollutants (NESHAP) to slash emission standards for ethylene oxide (EtO), chloroprene, and a host of other constituents from manufacturing plants; to remove exceptions for emissions during startup, shutdown,
and malfunctions; and to require fence-line monitoring to protect neighboring communities. EPA’s April action on EtO dovetails with a rule, finalized in March, to amend NESHAP for EtO emissions at commercial sterilization facilities. And in February, EPA targeted particulate matter standards, reducing the primary annual National Ambient Air Quality Standard for PM2.5 from 12 µg/m3 to 9 µg/m3. Each of these rules expressly address—and, in some cases, are expressly premised on—the environmental justice benefits of anticipated emissions reductions.
EPA’s environmental justice-driven actions were not limited to point sources. In March, EPA finalized rules governing carbon dioxide emissions from cars, light trucks, and heavy-duty vehicles. These rules were largely driven by the Biden Administration’s focus on climate change; however, the rules were also influenced by environmental justice considerations. Specifically, both rules note the impact of emissions from vehicle traffic on low-income communities and communities of color—which EPA identifies as “uniquely vulnerable”—and point to anticipated reductions in emissions of constituents including NOx, PM, volatile organic compounds, and SO2 in the coming decades as additional justifications for the rules.
Nor was EPA’s rulemaking limited to implementing stricter standards on emissions. In April, EPA issued a rule updating procedures for risk evaluations under the Toxic Substances Control Act, which governs the presence of chemical substances in U.S. commerce. Specifically, EPA amended the term “potentially exposed or susceptible subpopulation” (PESS) to include “overburdened communities” as an example of such populations. While EPA’s responses to comments note that the inclusion of “overburdened communities” as an example does not change the actual definition of PESS, the change does indicate EPA’s commitment going forward “to fully consider the impacts a chemical undergoing TSCA evaluation may present” to environmental justice communities.
As the above examples make clear, EPA remains committed to addressing environmental justice issues via rulemaking and other agency action.
