Climate 411

New Standards for Cleaner Freight Trucks – By the Numbers

By Peter Zalzal / Published: August 17, 2016

rp_Pepsi-truck-300x225.jpgThe Clean Truck standards are here!

The U.S. Environmental Protection Agency (EPA) and U.S. Department of Transportation (DOT) just announced new greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty vehicles.

These are the second phase of EPA and DOT’s joint program for heavy-duty trucks.

They will apply to the freight trucks that transport the products we buy every day, as well as to buses and school buses, tractor-trailers, heavy-duty pickup trucks and vans, and garbage trucks for model years 2018 to 2027.

These standards will have widespread benefits. They’ll help ensure that our nation’s fleet of trucks uses dramatically less fuel, will cut climate and other harmful pollution, and will save both truckers and consumers money. EPA and DOT estimate they will yield $230 billion in net societal benefits over the life of the program.

Here’s a bit more on the benefits of the new Clean Truck standards, by the numbers:

Cutting Pollution

  • 1.1 billion tons of carbon pollution: EPA projects the standards will reduce carbon dioxide emissions by 1.1 billion tons over the lifetime of vehicles sold under the program.
  • 550,000 tons of nitrous oxides and 32,000 tons of particulate matter: EPA projects that the standards will have multi-pollutant benefits and result in significant reductions of nitrous oxides and particulate matter — harmful air pollutants associated with respiratory ailments and premature death.

Saving Fuel

  • 2 billion barrels of oil: EPA estimates that the standards will save two billion barrels of oil over the lifetime of vehicles sold under the program.

Saving Money

  • $170 billion: EPA estimates that over the lifetime of the program, the standards will save vehicle owners fuel costs of about $170 billion.
  • 2 years: The typical buyer of a new long-haul truck in 2027 could recoup the cost of modernizing with advanced low-emitting technologies in less than two years through fuel savings.
  • $250: The program will also benefit con­sumers by reducing the costs for shipping goods. The Consumer Federation of America found that rigorous fuel economy and greenhouse gas standards could save American households $250 annually in the near term and $400 annually by 2035.

Broad Support

  • 300 Companies: More than 300 companies called for strong final standards during the rulemaking process, including PepsiCo and Walmart (two of the largest trucking fleets in the U.S.), mid-size trucking companies RFX Global and Dillon Transport, and large customers of trucking services General Mills, Campbell’s Soup, and IKEA. Innovative manufacturers, equipment manufacturers, and freight shippers have also called for strong standards.

Strong Clean Truck standards are also supported by national security and veterans groups, labor, consumer, and health groups, and clean air advocates (including EDF). 

Beyond the numbers, they are a testament to the fact that when we work together we can secure commonsense standards that protect public health while driving innovation and helping to create more efficient trucks for the future.

(This post was co-written by EDF Legal Fellow Alice Henderson)

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New Clean Trucks program: Business, Consumers and the Planet all Win

By Jason Mathers / Published: August 16, 2016

(This post originally appeared on EDF+Business)

Across America, companies have reason today to celebrate an important step to drive cost and emissions out of their supply chain. The U.S. EPA and U.S. Department of Transportation unveiled new fuel efficiency and greenhouse gas standards for heavy trucks. Once fully implemented, the new standards will cut over a billion tons of climate pollution and save hundreds of millions of dollars by 2035.

Every business in America stands to benefit.

Why? Because every business in America relies, in some form, on trucking services. Product manufacturers need trucks to get goods to market. Service and knowledge companies depend on trucks to deliver equipment and supplies. Retailers utilize trucks in distribution.

One of Walmart's aerodynamic trucks

One of Walmart’s aerodynamic trucks

Retailers and consumer brands are among the top winners of strong fuel efficiency standards, as these companies account for a lot of freight movement. Companies that have undertaken detailed carbon footprint analysis often find, as Ben & Jerry’s did, that freight transportation can account for upwards of 17 percent of their total impact.

The new fuel standard means continued progress in tackling this significant source of emissions. This progress will reveal itself in lower carbon footprints for every product brought to market. It will be apparent through lower freight and fuel surcharge fees – saving large consumer brands millions annually.

The standards will be increased in 2024 and 2027, resulting in final standards that will require new tractor-trailer units to emit 25 percent less climate pollution in 2027 than in 2017. Long-haul truck drivers will see the new efficiency technology pay back in under two years.

The new standards will drive market uptake of a number of proven fuel saving technologies. Through the Super Truck program of the U.S. Department of Energy, for example, a Daimler team developed a 12.2 MPG trucks and a Cummins and Peterbilt team developed a 10.7 MPG truck. As a group of leading technology innovators noted early this year, “clear, stringent, long-term fuel efficiency and greenhouse gas standards” are critical to scaling emerging solutions “by creating certainty that high-quality, effective innovations will be rewarded in the marketplace.”

With the certainty of long-term standards, manufacturers will make the needed investments to introduce new engine platforms, better integrate powertrains, and take advantage of other cost-effective choices. In fact, this is just what has happened during an earlier phase of the clean truck program.

PepsiCo, Walmart, General Mills and a number of other leading companies played a critical role in securing the robust, final standards. They were drawn to advocate for strong standards because of the clean truck program’s combination of significant environmental and cost savings, and its ability to bring forward market-ready solutions.

It’s telling that these companies, which are leaders in adopting voluntary green freight best practices, were motivated to advocate for federal greenhouse gas and fuel efficiency standards too. They recognize that freight movement, which accounts for around 10 percent of U.S. greenhouse gases, has a critical role to play in cutting our emissions.

Making heavy trucks more fuel efficient is the single most important step to reducing freight emissions. The program announced will be crucial to build a low-carbon future that enables the free flow of freight. That is an outcome every business should celebrate.

Also posted in Cars and Pollution, Economics, Greenhouse Gas Emissions, News, Partners for Change / Comments are closed

Broad Support for Cleaner Freight Trucks

By Jason Mathers / Published: August 12, 2016

New Clean Truck standards will arrive soon.

The U.S. Environmental Protection Agency (EPA) and the Department of Transportation (DOT) are expected to imminently finalize new greenhouse gas and fuel efficiency standards for medium-and heavy-duty trucks and buses. The standards will apply to the freight trucks that transport the products we buy every day, as well as to buses and school buses, tractor-trailers, heavy-duty pickup trucks and vans, and garbage trucks. (They are separate from standards for cars and passenger trucks.)

While the new standards have not yet been released, the overall support for improving our nation’s greenhouse gas and fuel economy standards is tremendously broad – including manufacturers, trucking fleets, national security experts, and others:

Manufacturers

“Daimler Trucks North America (DTNA) and its subsidiaries have focused for decades on improving freight efficiency in order to lower customers’ total operating costs. As the market leader in fuel efficiency, and the first to certify all of our products to Phase 1 GHG standards, DTNA shares EPA and NHTSA goals to improve fuel economy and reduce greenhouse gases.”

Greenhouse gas reduction standards for 2014 and 2017 “are very good examples of regulations that work well … We’re hoping for something similar with the next phase – challenging but good for everyone.”

  • Martin Daum, President and CEO of Daimler Trucks North America

“Environmental care is a core value for the Volvo Group, and we are aligned with the federal government’s goal to reduce GHG emissions from heavy-duty trucks.”

“As a power management company committed to increased fuel efficiency and reduced greenhouse gases, Eaton strongly supports the next phase of standards for medium and heavy duty commercial vehicles.”

“Cummins supports the proposed Phase II rule and believes it will help our industry grow in a more sustainable way, which is a win for our customers and win for the environment.”

“Fuel is an enormous expense for our industry — and carbon emissions carry an enormous cost for our planet. That’s why our industry supported the Obama administration’s historic first round of greenhouse gas and fuel-efficiency standards for medium and large trucks and why we support the aims of this second round of standards.”

Fleets and Shippers

“Strong federal standards will create an incentive for truck manufacturers to innovate and develop more fuel-efficient vehicles, so the trucks coming on the road in the years ahead will use a lot less fuel than today’s vehicles .. Better fuel economy and higher efficiency help companies compete; less money spent on fuel means more to invest in products, processes, people and communities.”

  • Indra K. Nooyi, Chairman and CEO of PepsiCo (in an op ed written with EDF president Fred Krupp)

“Our ability to access higher efficiency trucks is enhanced with well designed federal heavy truck fuel efficiency and greenhouse gas standards. We believe that the gains we have seen to date are just a hint of the engineering capabilities of this industry.”

“We support a strong Phase 2 rule that will drive innovation in truck technologies to viable solutions at a pace that ensures the technologies will have the intended triple bottom line outcomes without unintended consequences.”

  • Tracy Rosser, Senior Vice President, Walmart

“Ben & Jerry’s is committed to reducing our carbon footprint across our entire business … Strong truck fuel standards will help us continue taking bites out of our carbon footprint.”

“Strong efficiency standards for heavy trucks will help our companies avoid billions of dollars in fuel costs and at the same time support the U.S. economy by keeping product transportation affordable and insulating freight costs from volatile global and regional crude oil prices.”

“Phase 1 has begun reducing U.S. oil consumption, cutting GHG emissions and producing fuel costs savings for fleets. Phase 2 should also drive GHG reductions and fuel savings while achieving important economic and energy security benefits.”

  • Heavy-Duty Fuel Efficiency Leadership Group statement of principles, quoted in FedEx comments to the agencies (Companies in the Heavy-Duty Fuel Efficiency Leadership Group are PepsiCo, Cummins, Wabash, Waste Management, FedEx, Eaton and Conway)

“Strong fuel efficiency standards are good for American manufacturing because they incentivize innovation, making U.S. businesses more competitive globally. Investment in the research, production, and deployment of advanced vehicle technologies will give the United States an opportunity to lead in markets such as advanced batteries, which is growing quickly as technology costs have declined 50 percent since 2009.”

Innovators

“These proposed new efficiency standards will not just prove large trucks can be environmentally friendly, but they will lead to lower costs of goods and cheaper transportation costs to the benefit of businesses, truck owners and consumers, all while stimulating technological innovation and job creation, and protecting the health of Americans … It is important to note that the 40% reduction in fuel consumption and emissions in Class 6-8 vehicles proposed in the new rule is not something for the future. It is happening now. Parker has developed and is actively marketing a hydraulic hybrid medium- and heavy-duty vehicle transmission that is currently achieving and surpassing the 40% reduction in fuel consumption and emissions sought in the new rule.”

“Strong fuel efficiency standards are good for American manufacturing because they stimulate innovation, making U.S. businesses more competitive globally … Further investment in the research, production, and deployment of vehicle innovation will give the United States an opportunity to lead international markets as countries like China and Japan consider additional efficiency requirements for trucks … We urge U.S. Environmental Protection Agency and Department of Transportation to finalize strong phase two standards for medium- and heavy-duty trucks in 2016.”

“Clear, stringent, long-term fuel efficiency and greenhouse gas standards assist our companies and other solution providers by creating certainty that high-quality, effective innovations will be rewarded in the marketplace. To this end, we urge you to strengthen the proposed standards for Greenhouse Gas Emissions and Fuel Efficiency for Medium- and Heavy-Duty Engines and Vehicles.”

National Security Experts

“New fuel efficiency standards for medium- and heavy-duty vehicles … would increase investment in advanced technologies that will increase truck efficiency, advance our nation’s energy independence and advance national security on several fronts … The benefit to stretching a gallon of diesel to take our heavy-duty trucks father down the road on less fuel is clear. Reducing oil use improves our operational effectiveness, decreases the size and number of dangerous resupply convoys, better ensures delivery to point of need and will save American lives.”

“[T]echnologies developed to improve fuel efficiency for the U.S. trucking industry will likely also improve military operational effectiveness and save lives … To date, fuel economy standards for cars and trucks have proved to be powerful tools that have speeded innovation, decreased our dependence on oil and improved our nation’s overall security. The CNA MAB supports the next phase of rulemaking for medium and heavy-duty trucks as a matter of national security.”

“The United State’s near-exclusive dependence on oil to power transportation has routinely forced America’s military to protect oil supply lines around the globe. I am pleased to see that so many in the trucking industry support the proposed rule … Increasing the efficiency of a sector of the economy that is such a large and growing oil consumer will strengthen our national security, give our armed forces more flexibility and make our servicemen and women less likely to go into harm’s way.”

  • General James T. Conway, former 34th Commandant of the U.S. Marine Corps and co-Chairman of SAFE’s Energy Security Leadership Council

“The Environmental Protection Agency’s proposal for regulating trucks will improve American energy security by reducing our dangerous oil dependence. Despite record levels of domestic production, America remains exposed to global oil market volatility, which recently reached levels last seen during the financial crisis. Meanwhile, violence throughout the Middle East threatens to rattle oil markets, damage our economy greatly and deepen our military involvement. The only means to reduce our exposure to such risks is to reduce our oil dependence, especially in transportation, which accounts for about three-quarters of total oil consumption.”

  • Admiral Dennis Blair, former director of national intelligence and former commander in chief of the United States Pacific Command, and a member of the Energy Security Leadership Council at Securing America’s Future Energy

“We applaud the EPA for taking this additional step to reduce our dependence on fossil fuel and cut emissions that contribute to climate change. The national security community has long recognized the effects of climate change as ‘threat multipliers,’ which is why the military has led the way on investing in energy efficiency and clean sources of energy. It is encouraging to see the civilian transportation infrastructure of this country playing a role in that fight.”

Consumer, Labor and Environmental Groups – including EDF

“As the federal government takes another step forward in addressing the nation’s energy challenges, today’s proposal to increase big truck fuel economy will not only further reduce our dependence on foreign oil, but reduce the cost of everyday consumer purchases.”

“America’s economy depends on leadership in building the next generation of clean globally competitive energy and vehicle technology. These new standards can provide a critical opportunity to sustain jobs, further reduce the pollution driving climate change and foreign oil dependence while enhancing the competitiveness of U.S.-manufactured trucks in global markets.”

“The proposed Clean Truck standards will move us miles down the road toward a cleaner, safer future. The standards will sharply reduce climate pollution from the transportation sector and will reduce America’s reliance on imported oil.”

  • Fred Krupp, president of Environmental Defense Fund
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Coming Soon – Cleaner Trucks, Less Pollution, and Fuel Cost Savings

By Jason Mathers / Published: August 10, 2016

Traffic Light TrucksNew and improved Clean Truck standards are coming soon.

The U.S. Environmental Protection Agency (EPA) and the Department of Transportation (DOT) are expected to imminently finalize new greenhouse gas and fuel efficiency standards for medium-and heavy-duty trucks and buses. The standards will apply to the freight trucks that transport the products we buy every day, as well as to buses and school buses, tractor-trailers, heavy-duty pickup trucks and vans, and garbage trucks. (They are separate from standards for cars and passenger trucks.)

EDF, together with a broad coalition of stakeholders, has consistently called for a protective cost-effective program that will curb climate pollution and reduce our nation’s oil consumption while also driving innovative technologies that will stimulate economic growth and create high-quality domestic jobs.

Heavy-duty trucks consume almost 120 million gallons of fuel every day and emit more than 400 million metric tons of climate pollution annually. (These estimates do not include upstream emissions.) Freight movement is also one of the most briskly growing sources of greenhouse gas emissions and fuel consumption in the United States.

The upcoming second phase of Clean Truck standards will build on the first ever heavy-duty fuel economy and GHG program, which was finalized in 2011 with broad support from truck manufacturers, national security and veterans groups, labor, consumer, and health groups, and clean air advocates (including EDF). The success of the first phase Clean Truck program is already being demonstrated by the demand for more efficient trucks and the wide variety of efficiency technologies already available for consumers to choose from.

The second-phase Clean Truck standards will apply to vehicles manufactured years from now, beginning in model year 2021 and spanning later years.The nearly final standards are an important step forward in delivering climate, health and energy benefits.

EPA estimates the standards, as proposed, would:

  • Reduce carbon pollution by one billion tons and cut fuel use by 1.8 billion barrels of oil over the lifetime of the vehicles subject to the standards
  • Save vehicle owners $170 billion in fuel costs over the lifetime of the vehicles
  • Save the average American household $150 a year by 2030
  • Reduce harmful criteria and air toxic emissions by hundreds of thousands of tons annually

Increased Efficiency Provides Savings across the Entire Supply Chain

The average semi truck today burns 20,000 gallons of diesel a year – the same volume of fuel used by 50 new passenger cars. Fuel has been the largest single cost for trucking fleets, accounting for 39 percent of the cost of ownership in 2013. According to a study by EDF and CERES, robust fuel efficiency standards for trucks could lower total per-mile cost of ownership by 22 cents-a-mile by 2040.

Companies across the Supply Chain Support Strong Final Standards

Given the combination of environmental and economic benefits that strong final standards will provide, many leading companies have already shown support. PepsiCo and Walmart – two of the largest trucking fleets in the U.S. – support strong standards. General Mills, Campbell’s Soup, IKEA and many other companies that rely on trucking also support strong standards. Innovative manufacturers, equipment manufacturers, and freight shippers have also called for strong standards.

Consumers Demand More Efficient Trucks

Some of the savings from the Clean Trucks standards will be passed on to consumers. The Consumer Federation of America found that rigorous fuel economy and greenhouse gas standards could save American households $250 annually in the near term and $400 annually by 2035 on goods and services (even more than what EPA estimated). According to a survey by the Consumer Federation of America, a large majority of Americans – 74 percent – favor requiring truck manufacturers to increase the fuel economy of large trucks to reduce their fuel costs, as much of that savings is passed on to consumers.

Cost-Effective Technologies are Proven and Available

There are many technology solutions on the shelf and in production today that can be cost-effectively scaled to make trucks significantly more efficient and cleaner. Truckers and fleets across the nation have already begun adopting many of these fuel saving technologies and strategies.

Here are some examples:

Rigorous fuel efficiency and greenhouse gas standards for heavy-duty trucks and buses will make the American freight industry cleaner and create American jobs while saving American fleets and consumers money.

Also posted in Cars and Pollution, Clean Air Act, Economics, Greenhouse Gas Emissions, Jobs, Partners for Change / Comments are closed

Clean Trucks Turn Five and Bring Far-Reaching Economic and Environmental Benefits

By Jason Mathers / Published: August 9, 2016
One of Walmart's aerodynamic trucks

One of Walmart’s aerodynamic trucks

Five years ago today, President Obama announced final fuel efficiency and greenhouse gas standards for heavy duty trucks. These new Clean Truck standards are helping to keep Americans safe from climate change and from unhealthy air pollution, reduce our country’s reliance on imported oil, and save money for both truckers and consumers.

On the fifth anniversary of their release, it is unequivocally clear that this program has been an enormous success for manufacturers, truck fleets, freight shippers, and the American people. It is also clear that more is needed and that more is possible.

The first generation Clean Truck standards were created with the broad support of the trucking industry and many other key stakeholders. Among the diverse groups that supported them were the American Trucking Associations, Engine Manufacturers Association and the Truck Manufacturers Association, the United Auto Workers — and of course EDF. With the benefit of five years of hindsight, it’s clear that this support was well deserved.

The Clean Truck standards went into effect in 2014, which was a banner year for new truck sales. These new standards drove a wave of innovation for fuel efficiency. Cummins brought forward an engine that was seven percent more efficient. Volvo improved its engine by three percent compared to just the previous year’s model. Numerous component manufacturers brought forth new fuel saving solutions.

We are now seeing this same pattern repeat itself as manufacturers announce their 2017 product lines. Volvo just introduced an engine capable of improving fuel efficiency by 6.5 percent over its 2013 model in part because of its use of waste-heat recovery. Cummins base 2017 engine is three percent more efficient than its 2016 engine and it offers a model that is 10 more efficient than one made just five years ago.

The progress we made toward fuel efficiency in 2014 and 2017 is the result of a Clean Trucks program that strikes an important balance between protective, long-term standards and the ability of manufacturers to bring new solutions to market. As Martin Daum, president and CEO of Daimler Trucks North America has noted, these standards “are very good examples of regulations that work well.”

The new trucks built under the 2014-to-2018 program are delivering tens of billions of dollars in savings for truck owners. Individual consumers are benefiting too, as passed-through truck fuel use expenditures cost Americans more than $1100 per household annually.

The U.S. Environmental Protection Agency (EPA) and Department of Transportation (DOT) are now building on this record of success with a new round of standards. These second-round standards were proposed last summer and are expected to be finalized soon. The proposed second-round standards were a good first step, but significant opportunities remain to strengthen and improve on the proposal. Chief among these is the need for a more robust engine standard.

The 2014-to-2017 program, which has been incredibly successful, required a nine percent engine efficiency improvement over the course of four years. In comparison, the proposed 2021-to-2029 program would require only a four percent improvement over the course of nearly a decade. Failing to strengthen these standards would be an enormous lost opportunity. Leading engine experts have found that fuel savings of fifteen percent beyond the 2017 standards are technically feasible and cost effective over the course of the 2021-to-2029 program.

The U.S. Energy Information Administration released a recent analysis of the emissions impacts of the 2021-to-2029 standards as proposed. It found that the standards would cut direct emissions by 100 million tons in 2040 compared to a business-as-usual scenario. Even with these impressive reductions, freight trucks are projected to directly emit nearly 400 million tons of climate pollution in 2040. This doesn’t have to be so.

We are seeing significant investments in potential solutions and technologies that can dramatically reduce future truck emissions.

High-profile examples of this innovation include:

  • Tesla’s intention of bringing forward an electric semi-truck, noting that a prototype truck will be unveiled in 2017
  • Walmart’s introduction of its W.A.V.E. truck
  • The U.S. Department of Energy’s SuperTruck team road-testing trucks capable of getting 10.7 and 12.2 miles per gallon

By building on the foundation of the 2014-to-2017 standards with truly strong 2021-to-2029 standards, EPA and DOT will provided needed wind in the sails to get breakthrough innovations like these to market. The benefits have been, and will be, far reaching — in fuel cost savings for trucker and shippers alike, job creation, pollution reductions, and the technological innovation that is the foundation of a strong, vibrant economy.

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EPA Updates Standards to Reduce Methane Pollution from Landfills

By Peter Zalzal / Published: July 15, 2016

Landfill Gas Extraction — photo by the Wisconsin Department of Natural Resources

(This post was co-written by EDF’s Tomás Carbonell)

This morning the Environmental Protection Agency (EPA) finalized long-overdue revisions to national emission standards and emission guidelines for new and existing municipal solid waste landfills.

These standards will reduce harmful air pollution from landfills, which are our nation’s third largest source of climate-destabilizing methane pollution and also discharge other deleterious pollutants.

In 2025, EPA estimates that the final standards and emission guidelines will reduce methane emissions by an estimated 334,000 metric tons and non-methane organic compounds by more than 2,000 metric tons, primarily by expanding the application of landfill gas capture technology.

Today’s announcement updates standards and guidelines for existing sources that have not been substantially changed since they were first issued in 1996. Over the last two decades, technology and practices have evolved to enable better and more efficient control of landfill emissions — both from new and existing sources. For instance, leading landfill operators and industry experts have identified and implemented a number of best practices for achieving further reductions in landfill emissions, including: installing gas collection systems early in the life cycle of the landfill; using proper landfill covers and rigorously monitoring the integrity of those covers; using landfill gas as an energy source to replace fossil fuels; and developing alternatives to landfilling, including recycling and composting of organic waste.

Despite these advances, some have argued that EPA is not authorized to update emission guidelines for existing sources and instead must maintain requirements that are now more than 20 years out of date. EPA’s authority to review and revise emission guidelines for existing landfills, however, is firmly grounded in the text and purpose of the Clean Air Act and consistent with bedrock principles of administrative law.

Section 111 of the Clean Air Act, which authorizes these standards and guidelines for landfills, requires standards for new and existing sources alike to reflect the “best system of emission reduction,” taking into account cost and other factors.

Courts have consistently held that this provision of the Clean Air Act is manifestly forward-looking, enabling EPA to:

look toward what may fairly be projected for the regulated future, rather than the state of the art at present (National Asphalt Pavement Association v. Train, F.2d 775, 785, D.C. Circuit 1976 — quoting Portland Cement Association v. Ruckelshaus, 286 F.2d 375, 391, D.C. Cir. 1973)

If EPA is to fulfill this statutory obligation, it must have the ability to ensure that guidelines for existing sources are updated over time – just as the agency does for new sources — to reflect the latest advances and improvements in systems of emission reduction.

More broadly, EPA’s authority to update guidelines for existing sources flows inexorably from the fabric of the Clean Air Act, which recognizes the importance of EPA assessing new information about air pollution threats, incentivizing development of new technologies, and enabling their swift application.

In amending the Clean Air Act in 1977 Congress explicitly noted the importance of providing for continuous development and updating of standards:

Throughout this bill there is a philosophy of encouragement of technology development. It is an encouragement to induce, to stimulate, and to augment the innovative character of industry in reaching for more effective, less-costly systems to control air pollution. (S. Rep. No. 95-127 at *18, 1977)

Indeed, EPA periodically revisits the nation’s health-based standards for various pollutants in light of new scientific information and has revised standards for sources ranging from cars to power plants as new technologies have enabled more efficient and protective approaches. This process of regular review and improvement is consistent with firmly established principles of administrative law, which have long held that agencies have authority to revisit and update their regulations over time.

As the Supreme Court held in a landmark case:

Regulatory agencies do not establish rules of conduct to last forever; they are supposed … to adapt their rules and practices to the Nation’s needs in a volatile, changing economy. They are neither required nor supposed to regulate the present and the future within the inflexible limits of yesterday. (American Trucking Associations, Inc., et al v. Atchison, Topeka & Santa Fe RR Co., et al., 387 U.S. 397; 87 S. Ct. 1608, 1967)

Although EPA’s final landfills standards secure important benefits for climate and public health, there remain significant opportunities to achieve cost-effective emission reductions from municipal solid waste landfills. EPA’s decision to revise its landfill standards, however, is firmly consistent with the Clean Air Act’s long history grounded in innovation and cost effective pollution reductions. It can help to ensure these requirements remain vibrant over time and spur development of these and other new technologies to reduce landfill pollution.

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