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EPA Authority Over Sources of Black Carbon

MCLI Recommendation: “The federal government should develop and fund replacement programs that provide owners of wood-burning stoves access to efficient and low- or zero-emission replacements. EPA should develop comprehensive woodstove replacement programs, accompanied by funding necessary to enable low-income access to modern technologies, to accelerate turnover. EPA should continue to use its authority to set NSPS to ensure that woodstoves become more efficient and emit less.”

LPDD Recommendation: “EPA should conduct a technology review to assess whether PM emissions controls could be strengthened and, if so, EPA should enact new regulations with even more stringent emissions controls for new motor vehicles. As clean fuels from renewable energy become available, EPA should require their use in diesel engines. EPA should also eliminate the use of averaging and require each vehicle to meet the applicable standards.”

LPDD Recommendation: “EPA should mandate that all diesel sources use diesel particulate filters to reduce both PM and black carbon emissions.”

LPDD Recommendation: “EPA should require stationary sources to install the most effective PM filters and other emissions controls.”

LPDD Recommendation: “EPA should use the definition of BACT to push sources that propose to use dirty fuels, such as coal and diesel, to replace them with cleaner fuels, such as renewable energy, biogas, and biodiesel.”

LPDD Recommendation: “EPA should prioritize regulations that accelerate fleet turnover and otherwise take older and dirtier engines and vehicles off the road.”

LPDD Recommendation: “EPA should prioritize the development and/or revision of NESHAPs for source categories that emit black carbon that would be controlled indirectly by MACT-based emission standards for toxic air pollutants.”

LPDD Recommendation: “EPA should require rebuilt engines to meet contemporaneous emission standards, unless meeting such requirements would be technically impossible.”

LPDD Recommendation: “EPA should establish standards of performance under CAA §111(d) for designated pollutants (i.e., not criteria pollutants and not hazardous air pollutants), the control of which would also reduce black carbon emissions.”

LPDD Recommendation: “For any categories of nonroad sources that emit fine PM but are not yet regulated, EPA should promulgate standards to ensure that new equipment is designed with filters and other pollution controls.”

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9 resources

Example Executive Branch

CAA §202(a)(3) – Engine Retrofits

Clean Air Act §202(a)(3) authorizes EPA to regulate the rebuilding of heavy-duty vehicle engines. For any engine built after 2004, a rebuild of that engine must bring it up to performance standards co...

Example Executive Branch

New Stationary Sources Standards

Different sections of the Clean Air Act authorize EPA to regulate particulate matter emissions from new stationary sources, including new source performance standards, prevention of significant deteri...

Resource Executive Branch

Stationary Existing Source Standards

EPA has two statutory regimes under which to regulate particulate matter and black carbon, national emissions standards for hazardous air pollutants (NESHAPs) and §111(d) existing source standards. NE...

Example Executive Branch

CAA §202(a)(1) – On-road Vehicle Sources

Clean Air Act §202(a)(1) gives EPA authority to establish emissions standards for “any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines.” This authority exten...

Example Executive Branch

Residential Standards

EPA may regulate black carbon from residential sources through new source performance standards for residential heating stoves, education, or incentivizing the replacement of inefficient stoves. EPA p...

Resource Congress

EPA Black Carbon Report

EPA’s 2011 Black Carbon Report to Congress represents an intensive effort to compile, assess, and summarize available scientific information on the current and future impacts of black carbon, and to e...

Resource Executive Branch

CAA §213 – Nonroad Vehicle Sources

Clean Air Act §213 grants EPA the power to regulate nonroad vehicle sources, which includes any type of mobile source that was not designed primarily for highway travel. EPA must regulate emissions of...

Example Executive Branch

EPA 2023 Proposed Soot Exposure Regulation

In January 2023, EPA proposed a reduction of the allowable annual exposure to industrial soot pollution, and will solicit public comment before making a final decision in 2023. EPA’s proposal would lo...

Resource Executive Branch

Report, Domestic Mitigation of Black Carbon from Diesel Emissions

Chang’s 2011 report examines how black carbon emissions are controlled under the CAA and what EPA, states, and municipalities can do to mitigate black carbon emissions further.