Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Environment, Manufacturing, and Critical Materials Subcommittee Chair Bill Johnson (R-OH), and Oversight and Investigations Subcommittee Chair Morgan Griffith (R-VA) sent a letter on March 21 to U.S. Environmental Protection Agency Administrator Michael Regan requesting an extension of the comment period on a proposal by the EPA to revise national air quality standards to ensure ample time for full public comment. The letter also requested information concerning EPA’s outreach to affected stakeholders, including small businesses, communities, and homeowners.

Excerpts and highlights below:

“On October 14, 2022, we wrote you to request that you ensure meaningful public engagement and opportunity for public comment concerning any proposal by the Environmental Protection Agency (EPA) to revise existing air quality standards for fine particulate matter, also known as PM2.5.

“We requested that you ensure the agency follows its own precedents as well as requirements under the Administrative Procedure Act to accept comment on retaining the existing standards. We also asked that you ensure the public has at least 90 days to submit comments once any proposal is published.

“This past January 6, you proposed to revise the PM2.5 standards to significantly lower levels, and specifically asked for comment on a range below the current standard. Indeed, you failed to take comment on keeping the current standards, in that proposal. You also provided for only 60 days for public comment. Given the complexity and scope of regulatory impacts to comply with the potential new standards, it is disappointing that you would not provide for full opportunity for public comment on all aspects of the proposed decision.

“We write today to request you extend the comment period by 30 days and confirm to us as soon as practicable that you will accept full public comment, including for retaining the existing standards.

“In addition, we request you supply a written response by April 4, 2023, in which you describe in detail:

• (a) The EPA’s current assessment of the impacts of the proposed standards on small businesses, agriculture, municipalities, individual homeowners, and other small, nonpoint sources, which your data indicate make up some 80% of the sources that will be required to reduce PM2.5 emissions;
• (b) What outreach you have made to ensure these small businesses, agriculture, municipalities, individual homeowners, and other small, nonpoint sources understand the proposal, given the likelihood of increased controls and costs for these sources; and
• (c) The significance of the EPA’s inability to identify sufficient emission controls in the Draft Regulatory Impact Analysis to attain the proposed alternative standards.”

CLICK HERE to read the full letter to Administrator Regan.

NOTE: Energy and Commerce Republican Leaders sent a similar letter to the EPA in September 2022 requesting the agency ensures an appropriate amount of time for public review and comment.