Particulate Matter/Revised National Ambient Air Quality Standard: 24 State Attorneys General (including Arkansas) Challenge U.S. Environmental Protection Agency Final Rule | JD Supra

Sustainable Development Goals (SDGs) and the Challenge to the Clean Air Act NAAQS for Fine Particulate Matter

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Introduction

A Petition for Review has been filed by twenty-four State Attorneys General challenging a final rule by the United States Environmental Protection Agency (EPA) that tightens the Clean Air Act National Ambient Air Quality Standard (NAAQS) for fine particulate matter. This report will discuss the significance of the Sustainable Development Goals (SDGs) in relation to this challenge.

State Attorneys General Challenging the Rule

• Alabama
• Alaska
• Arkansas
• Florida
• Georgia
• Idaho
• Indiana
• Iowa
• Kansas
• Commonwealth of Kentucky
• Louisiana
• Mississippi
• Missouri
• Montana
• Nebraska
• North Dakota
• Ohio
• Oklahoma
• South Carolina
• South Dakota
• Tennessee
• Utah
• West Virginia
• Wyoming

Understanding Particulate Matter (PM)

Particulate matter (PM) refers to a wide range of chemically and physically diverse substances that exist as discrete particles (liquid droplets or solids) in various sizes. It consists of two major components.

– Primary particulates or soot are emitted directly into the atmosphere.

– Secondary particulates can be formed through a secondary process, such as condensation of high-temperature vapor from chemical reactions involving gas-based precursors.

Clean Air Act and National Ambient Air Quality Standard (NAAQS)

The Clean Air Act requires the EPA to identify air pollutants based on certain criteria and establish NAAQS for each pollutant. Particulates are among the six air pollutants designated as criteria air pollutants and subject to NAAQS. The EPA must promulgate primary NAAQS for these pollutants to protect public health with an adequate margin of safety.

The Clean Air Act also mandates a periodic review of each NAAQS, during which the EPA determines whether existing air quality criteria and NAAQS need revision. The review of PM and PM2.5 is an example of this process.

Tightening of the PM2.5 Standard

The final rule by the EPA tightened the PM2.5 standard from 12.0 micrograms per cubic meter to 9.0 micrograms per cubic meter.

Economic Considerations and NAAQS

The Clean Air Act prohibits the EPA from considering economics or cost when setting or revising NAAQS.

State Responsibility and Implementation Plan (SIP)

Once the EPA establishes or revises NAAQS, states are primarily responsible for ensuring attainment and maintenance. Each state must formulate an Implementation Plan (SIP), subject to EPA approval, to achieve each NAAQS.

Arguments Against the Final Rule

A news release by the Kentucky Attorney General highlights the following concerns raised in the Petition:

• Blocking the permitting of new manufacturing facilities and driving jobs out of Kentucky and overseas
• Halting new infrastructure construction, resulting in unsafe and congested roads and bridges
• Imposing costly new equipment requirements on small businesses, farmers, restaurants, and homeowners
• Weakening the US economy while strengthening competitors

The State of West Virginia also argues that the United States already has some of the strictest air quality standards globally.

A link to the Petition can be found here.

SDGs, Targets, and Indicators in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being
• SDG 8: Decent Work and Economic Growth
• SDG 9: Industry, Innovation, and Infrastructure
• SDG 11: Sustainable Cities and Communities
• SDG 12: Responsible Consumption and Production
• SDG 13: Climate Action

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination.
• SDG 8.4: Improve progressively, through 2030, global resource efficiency in consumption and production and endeavor to decouple economic growth from environmental degradation.
• SDG 9.4: By 2030, upgrade infrastructure and retrofit industries to make them sustainable, with increased resource-use efficiency and greater adoption of clean and environmentally sound technologies and industrial processes.
• SDG 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management.
• SDG 12.4: By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks, and significantly reduce their release to air, water, and soil to minimize their adverse impacts on human health and the environment.
• SDG 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, there are indicators mentioned or implied in the article that can be used to measure progress towards the identified targets. These include:

• Number of deaths and illnesses related to hazardous chemicals and air pollution (SDG 3.9)
• Resource efficiency in consumption and production (SDG 8.4)
• Upgrade of infrastructure and retrofitting of industries for sustainability (SDG 9.4)
• Per capita environmental impact of cities, including air quality (SDG 11.6)
• Environmentally sound management of chemicals and wastes (SDG 12.4)
• Resilience and adaptive capacity to climate-related hazards (SDG 13.1)

Table: SDGs, Targets, and Indicators

Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

Source: jdsupra.com

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