Federal Update – CARB Air Quality Rules, Wastewater Legislation, and Wildland Fire Mitigation and Management Commission
June 13, 2024
House Panel Examines CARB’s Air Quality Rule
Earlier today, the House Science, Space and Technology Committee’s Investigations and Oversight Subcommittee held a hearing on the California Air Resources Board’s (CARB) rail industry pollution rule. The proposed regulation – if approved by the U.S. Environmental Protection Agency (EPA) by way of a Clean Air Act (CAA) waiver – would prohibit certain trains that are more than 23 years old from being used in California after the year 2030. It also would require railroads to pay varying amounts on the emissions released by locomotives and would prohibit idling longer than 30 minutes.
While CARB estimates that its proposed rule would result in $32 billion in health benefits and prevent 3,200 premature deaths, opponents of the proposal contend that it would force railroads to implement unachievable emission standards and result in the elimination of short-line rail service in California. For its part, CSAC has submitted comments to EPA expressing a number of concerns with the CAA waiver being sought by CARB. A copy of CSAC’s letter can be found here.
A link to the Investigations and Oversight Subcommittee hearing page, including witness testimony and an archived recording of today’s proceedings, can be found here.
House Approves “Do Not Flush” Legislation
This week, the House approved legislation – the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act (H.R. 2964) – that would require the Federal Trade Commission (FTC) to issue regulations requiring entities responsible for the labeling or retail packaging of certain products (baby wipes, cleaning wipes, or personal care wipes) to label them clearly and conspicuously with the phrase “Do Not Flush.”
Wastewater treatment systems have been increasingly impacted by clogs caused by non-flushable wipes. According to the National Association of Clean Water Agencies (NACWA), flushed wipes have cost California utilities $47 million in additional annual operating costs. Similar trends can be seen across the country. As a result, a handful of states, including California, have passed their own laws requiring “Do Not Flush” labeling on non-flushable wipes. H.R. 2964 would establish a uniform, national policy to ensure wipe manufacturers, or other covered entities, appropriately label the packaging of their wipe products.
Legislation Introduced to Implement Recommendations of Wildland Fire Mitigation and Management Commission
Representatives Josh Harder (D-CA) and Scott Franklin (R-FL) recently introduced legislation (H.R. 8656) that would address the growing wildfire threat by implementing a number of the recommendations outlined in a 2023 report by the Wildland Fire Mitigation and Management Commission. The 50-person commission, with representatives from state and federal agencies, the private sector, nonprofits, and firefighters, made 148 recommendations. H.R. 8656 incorporates 16 of those recommendations, with a focus on workforce development, support for wildland firefighters, wildfire smoke and public health impacts, as well as fire mitigation and technology.
Recent FCC Proposed Rule Seeks to Improve 9-8-8 Suicide and Crisis Lifeline
Support continues to grow among the California congressional delegation for legislation – the Local 9-8-8 Response Act (H.R. 4974; S. 3444) – that would route calls to the 9-8-8 Suicide & Crisis Lifeline based on the proximity of a caller to the call center, rather than on the area code of their wireless device. This would ensure that callers in crisis have access to behavioral health resources in the state they are calling from. The House bill, which is authored by Congressman Tony Cárdenas (D-CA), currently has 32 cosponsors, including 14 bipartisan members of the California delegation. The Senate bill (S. 3444) is led by Senator Alex Padilla (D-CA) and Thom Tillis (R-NC).
While congressional leaders have yet to bring the measure to the floor, the effort has caught the attention of the Federal Communications Commission (FCC). As part of a recent Notice of Proposed Rulemaking (NPRM), the FCC would require wireless carriers to implement one or more geo-routing solutions for calls to the 9-8-8 Suicide & Crisis Lifeline. The NPRM also seeks comment on the impact of geo-routing solutions on texts to the 9-8-8 Lifeline. Comments on the NPRM are due by June 28.