EPA’s Supplemental Proposed Methane Rule Has Environmental Justice Aspects

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EPA released a supplemental proposed rule to its already sweeping proposed methane rule with major EJ impacts. In a first for the Clean Air Act, under the proposed rule, where a designated facility would qualify for a less stringent standard under a state air quality management plan, the state would have to consider impacts of emissions from the facility on the communities most affected by, and vulnerable to, the impacts from the facility. EPA further proposes to identify the communities with EJ impacts from these facilities as “pertinent stakeholders” and require states to meaningfully engage with them prior to submission of state plans. “Meaningful engagement,” in turn, must include early outreach and information sharing with the pertinent communities, and strategies to overcome linguistic, geographic, and other barriers to participation. EPA says it expects that defining meaningful engagement will provide states the specificity to meet the new requirements, while allowing for flexibility. EPA will take comments to the rule until February 13, 2023.

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