Texas — along with 24 other states — has filed lawsuits against a recent set of soot pollution standards from the EPA. Photo via Pixabay/Pexels

A new Biden administration rule that sets tougher standards for deadly soot pollution faced a barrage of legal challenges Wednesday, as 25 Republican-led states — including Texas — and a host of business groups filed lawsuits seeking to block the rule in court.

Twenty-four states, led by attorneys general from Kentucky and West Virginia, filed a joint challenge stating that new Environmental Protection Agency rule would raise costs for manufacturers, utilities and families and could block new manufacturing plants and infrastructure such as roads and bridges. Texas filed a separate suit, as did business groups led by the U.S. Chamber of Commerce and National Association of Manufacturers.

“The EPA’s new rule has more to do with advancing President (Joe) Biden’s radical green agenda than protecting Kentuckians’ health or the environment, said Kentucky Attorney General Russell Coleman, who is leading the joint lawsuit along with West Virginia Attorney General Patrick Morrisey.

The EPA rule “will drive jobs and investment out of Kentucky and overseas, leaving employers and hardworking families to pay the price,” Coleman said.

The soot rule is one of several EPA dictates under attack from industry groups and Republican-led states. The Supreme Court heard arguments last month on a GOP challenge to the agency's “good neighbor rule,” which restricts smokestack emissions from power plants and other industrial sources that burden downwind areas.

Three energy-producing states — Ohio, Indiana and West Virginia — challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

In opposing the soot rule, Republicans and industry groups say the United States already has some of the strictest air quality standards in the world — tougher than the European Union or major polluters such as China and India.

Tightening U.S. standards "wouldn't improve public health, but it would put as many as 30% of all U.S. counties out of compliance under federal law, leading to aggressive new permitting requirements that could effectively block new economic activity,'' Coleman said.

The EPA rule sets maximum levels of fine particle pollution — more commonly known as soot — at 9 micrograms per cubic meter of air, down from 12 micrograms established a decade ago under the Obama administration.

Environmental and public health groups hailed the rule as a major step to improve the health of Americans, including future generations. EPA scientists have estimated exposure at previous limits contributed to thousands of early deaths from heart disease and lung cancer, along with other health problems.

EPA Administrator Michael Regan said the new soot rule, finalized last month, would create $46 billion in net health benefits by 2032, including prevention of up to 800,000 asthma attacks and 4,500 premature deaths. The rule will especially benefit children, older adults and those with heart and lung conditions, Regan said, as well as people in low-income and minority communities adversely affected by decades of industrial pollution.

"We do not have to sacrifice people to have a prosperous and booming economy,″ Regan said.

Biden is seeking reelection, and some fellow Democrats have warned that a tough new soot standard could harm his chances in key industrial states such as Pennsylvania, Michigan and Wisconsin.

The EPA and White House officials brushed aside those concerns, saying the industry has developed technical improvements to meet previous soot standards and can adapt to meet the new ones. Soot pollution has declined by 42% since 2000, even as the U.S. gross domestic product has increased by 52%, Regan said.

The new rule does not impose pollution controls on specific industries. Instead, it lowers the annual standard for fine particulate matter for overall air quality. The EPA will use air sampling to identify counties and other areas that do not meet the new standard. States would then have 18 months to develop compliance plans for those areas. States that do not meet the new standard by 2032 could face penalties, although EPA said it expects that 99% of U.S. counties will be able to meet the revised annual standard by 2032.

Industry groups and Republican officials dispute that and say a lower soot limit could put hundreds of U.S. counties out of compliance.

The U.S. Chamber of Commerce warned the White House in January that 43% of total particulate emissions come from wildfires, and called the pollution standard "the wrong tool to address this problem.''

The EPA said it will work with states, counties and tribes to account for and respond to wildfires, an increasing source of soot pollution, especially in the West, where climate change has led to longer wildfire seasons, with more frequent and intense fires. The agency allows states and air agencies to request exemptions from air-quality standards due to “exceptional events," including wildfires and prescribed fires.

Besides Kentucky, West Virginia and Texas, other states challenging the EPA rule include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and Wyoming.

All three cases were filed before the U.S. Court of Appeals for the District of Columbia.

Ad Placement 300x100
Ad Placement 300x600

CultureMap Emails are Awesome

Houston company plans to install the first commercial direct lithium extraction plant in the US

coming soon

Houston-based International Battery Metals, whose technology offers an eco-friendly way to extract lithium compounds from brine, is installing what it’s billing as the world’s first commercial modular direct-lithium extraction plant.

The mobile facility is located at US Magnesium’s operations outside Salt Lake City. The plant, expected to go online later this year, will process brine produced from lithium-containing waste-magnesium salts. The resulting lithium chloride product will provide feedstock for high-purity lithium carbonate generated by US Magnesium.

Under its agreement with US Magnesium, International Battery Metals (IBAT) will receive royalties on lithium sales, as well as payments for equipment operations based on lithium prices and performance.

IBAT says its patented technology is the only system that delivers a 97 percent extraction rate for lithium chloride from brine water, with up to 98 percent of water recycled and with minimal use of chemicals.

“Commercial operations will serve growing lithium demand from automakers for electric vehicle batteries, as well as energy storage batteries to support growing electricity demand and to balance the grid from increased renewable energy integration,” IBAT says in a news release.

Initially, the less than three-acre plant will annually produce 5,000 metric tons of lithium chloride. The modular plant was fabricated in Lake Charles, Louisiana.

“Our commercial operations with US Mag will advance a productive lithium extraction operation,” says Garry Flowers, CEO of IBAT. “Given current lithium demand, supply dependence on China, and permitting challenges, our expected commercial operations are coming at an ideal time to produce lithium at scale in the U.S.”

IBAT says the technology has been validated by independent reviewers and has been tested in Texas, California, Michigan, Ohio, and Oklahoma, as well as Argentina, Canada, Chile, and Germany.

IBAT says its modular concept positions the company to be a key supplier for rising U.S. lithium demand, providing an alternative to China and other global suppliers.

John Burba, founder, CTO and director of IBAT, says the modular extraction technology “will be the basis of future lithium extraction from brine resources around the world.”

Houston hospital system to launch all-electric fleet of delivery drones

looking up

A Houston hospital system has announced that it has plans to launch a drone delivery service that will replace traditional car deliveries in 2026.

Memorial Hermann Health System announced that it intends to be the first health care provider in Houston to roll out drone delivery services from San Francisco-based Zipline, a venture capital-backed tech company founded in 2014 that's completed 1 million drone deliveries.

"As a system, we are continuously seeking ways to improve the patient experience and bring greater health and value to the communities we serve. Zipline provides an innovative solution to helping our patients access the medications they need, quickly and conveniently, at no added cost to them," Alec King, executive vice president and CFO for Memorial Hermann, says in a news release.

Zipline boasts of achieving delivery times seven times faster than traditional car deliveries and can usually drop off packages at a rate of a mile a minute. The drones, called Zips, can navigate any weather conditions and complete their missions with zero emissions.

Per the release, the service will be used to deliver medical supplies and prescriptions to patients or supplies or samples between its locations.

"Completing more than one million commercial deliveries has shown us that when you improve health care logistics, you improve every level of the patient experience. It means people get better, faster, more convenient care, even from the comfort of their own home," adds Keller Rinaudo Cliffton, co-founder and CEO of Zipline. "Innovators like Memorial Hermann are leading the way to bring better care to the U.S., and it's going to happen much faster than you might expect."

———

This article originally ran on InnovationMap.

Know before you go: Offshore Technology Conference 2024

things to know

An annual conference that showcases technology for the offshore energy business is taking over Houston's NRG Park for the majority of the week.

Here's what you need to know before you go out to the event, which will take place Monday, May 6, to Thursday, May 9.

Attend the Distinguished Achievement Awards on Sunday, May 5

OTC's annual awards reception, the Distinguished Achievement Awards, will kick off the week on May 5. The three award honorees for OTC 2024 have been named and will be honored at the event. Click here to learn more about this year's honorees.

Visit the Energy Transition Pavilion 

The Energy Transition Pavilion will feature panels and presentations about the future of sustainability in the energy industry. The programming takes place Monday through Wednesday, and the exhibit is located at NRG Center in Hall C.

Zoom in on offshore wind

This year, OTC is featuring a dedicated thread to offshore wind technology. A mix of panels, keynotes, and technical presentations, the programming will take place over Monday through Wednesday.

Don't miss the exhibition hall

Over a thousand companies will be exhibiting at OTC this year, and the hall can be a bit overwhelming. Check the program or the map online to see who's exhibiting and where to find them.

Catch the three university showcases 

OTC's University R&D Showcase will feature three schools — the University of Houston, Texas A&M International University, and the University of São Paulo. You can find each university's booth open all four days of OTC.