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Western Caucus - EPA NAAQS PM 2.5 Final Rule Response FINAL

Three members of Congress wrote to EPA Administrator Regan urging him to immediately rescind the EPA's final rule lowering the National Ambient Air Quality Standards for fine particulate matter. They argue the rule will have devastating economic consequences, provide minimal health benefits, and force one-third of the U.S. into areas of nonattainment. Industries will face burdensome permitting requirements that could force small businesses to shut down. The members call the standards unattainable and the implementation timeline unrealistic. They assert the administration prioritized environmental goals over economic needs and request reconsidering the decision under the regular five-year review schedule.

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96 views2 pages

Western Caucus - EPA NAAQS PM 2.5 Final Rule Response FINAL

Three members of Congress wrote to EPA Administrator Regan urging him to immediately rescind the EPA's final rule lowering the National Ambient Air Quality Standards for fine particulate matter. They argue the rule will have devastating economic consequences, provide minimal health benefits, and force one-third of the U.S. into areas of nonattainment. Industries will face burdensome permitting requirements that could force small businesses to shut down. The members call the standards unattainable and the implementation timeline unrealistic. They assert the administration prioritized environmental goals over economic needs and request reconsidering the decision under the regular five-year review schedule.

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February XX, 2024

The Honorable Michael S. Regan


Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Administrator Regan:
We write to express our staunch opposition of the Environmental Protection Agency’s (EPA)
National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5) final rule.
We urge you to immediately rescind the final rule that will have devastating economic
consequences to our Congressional districts while providing minimal real benefit in return.
Your agency announced the reconsideration of the 2020 PM NAAQS final action in June 2021
as a result of President Biden’s Executive Order 13990 “Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis.” This executive order initiated
review of all agency decisions from the previous administration. Given that there is no new
science to initiate a reconsideration, this administration has shown the American people that a
rush-to-green agenda is far more important than American jobs and the economy.
With 700,000 comments from a myriad of perspectives, the EPA is ignoring the sheer impact
this rule will have on American industries including, but not limited to forestry, manufacturing,
and recreation. In fact, these exact concerns were detailed in October of last year, when over 70
manufacturing organizations sent a letter to White House Chief of Staff Jeffrey Zients outlining
issues with the proposal.
Lowering PM standards from 12 μg/m3 to 9 μg/m3 will put one-third of the U.S. population in
areas of nonattainment. Not only that, but businesses will be forced to cut through red tape to
satisfy new permitting requirements, impacting jobs and recreational activities as well as
subsequently the economy, if they can even obtain permits at all. EPA’s own data shows that
PM2.5 concentrations have dropped 42 percent since 20001. A drop that was driven by major
emissions reductions by power sector and mobile source reductions. These data show what we
already know – that America’s air is cleaner than it has been in decades and is going to be even
cleaner in the future.
Not only has the EPA lowered these standards to unattainable levels, your agency is expecting
states to submit new implementation plans, without updated implementation guidance, to
demonstrate they have the “necessary” clean air programs and authorities to meet the newly
revised standards. All permits thereafter must be submitted at the new level, giving industries
effectively no time to adjust and meet these ridiculous new standards. An effective date of 60
calendar days within publishing of the Federal Register will create permitting gridlock, force

1
U.S. EPA, Our Nation’s Air: Trends Through 2022, https://gispub.epa.gov/air/trendsreport/2023/#air_trends
industries out of compliance, and result in small businesses shutting their doors due to an
aggressive regulatory regime.
Time and again, this Administration has put the extreme environmental agenda above the needs
of individuals, communities, and businesses that drive the economy of our Nation. The harm that
your agency will be inflicting on our Congressional districts through this final rule is untenable.
We call for the immediate recission of this rule and for the EPA to reconsider their decision
while reviewing NAAQS under the regular five-year review schedule.

Sincerely,

Bruce Westerman Buddy Carter


Member of Congress Member of Congress

Dan Newhouse
Member of Congress

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