February 15, 2023
Upcoming Changes to Stationary Source Regulations
EPA’s Fall 2022 regulatory agenda has been released. The following table summarizes EPA’s Office of Air and Radiation’s (OAR) plans for proposing and finalizing new regulations. Among other things, OAR is responsible for crafting regulations under the NSPS, NESHAP (including air toxics), and NSR programs. The table is not all-inclusive of every OAR regulatory action. Instead, it includes those actions McCoy and Associates believes to be of broad interest to the regulated community.
Fall 2022 OAR Regulatory Agenda—NSPS
Rule description | Action | Schedule date |
|---|---|---|
Stationary internal combustion engines: Electronic reporting, Subparts IIII and JJJJ | NPRM | 1/23 |
Synthetic organic chemical manufacturing industry: Review, Subparts VVa, III, NNN, and RRR | NPRM | 1/23 |
Lead-acid battery manufacturing: Review, Subpart KK | Final Rule | 2/23 |
Emission guidelines for greenhouse gas emissions from existing electric utility generating units: Rework of vacated standard, Subpart UUUUa | NPRM | 4/23 |
Greenhouse gas emissions from electric generating units: Review, Subpart TTTT | NPRM | 4/23 |
Automobile and light-duty truck surface coating operations: Review, Subpart MM | Final Rule | 5/23 |
Plastic parts for business machines: Review, Subpart TTT | Final Rule | 6/23 |
Bulk gasoline terminals: Review, Subpart XX | Final Rule | 6/23 |
Steel plants: Review, Subparts AA and AAa | Final Rule | 8/23 |
Oil and natural gas: Review, Subparts OOOO and OOOOa | Final Rule | 8/23 |
Secondary lead smelting: Review, Subpart L | Final Rule | 11/23 |
Municipal solid waste landfills: Reconsideration of standards, Subparts Cf and XXX1 | NPRM | 1/24 |
Other solid waste incinerators: Review, Subparts EEEE and FFFF1 | NPRM | 3/24 |
Residential wood heaters, hydronic heaters, and forced-air furnaces: Amendments, Subparts AAA and QQQQ1 | NPRM | 1/27 |
Pressure sensitive tape and label surface coating operations: Review, Subpart RR1 | NPRM | TBD |
Fall 2022 OAR Regulatory Agenda—NESHAP and Air Toxics
Rule description | Action | Schedule date |
|---|---|---|
Petroleum and chemical sectors: Reconsideration of petitions, Subparts CC, YY, FFFF, and EEEE | NPRM | 12/22 |
Miscellaneous organic chemical manufacturing (MON): Reconsideration of the 2020 residual risk and technology review, Subpart FFFF | Final Rule | 12/22 |
Regulatory infrastructure for new HAP additions to Part 63 | NPRM | 12/22 |
Lime manufacturing plants: Amendments, Subpart AAAAA | NPRM | 12/22 |
Paint stripping and miscellaneous surface coating operations: Review Subpart HHHHHH | Final Rule | 12/22 |
Testing provisions technical amendments | Final Rule | 12/22 |
Reciprocating internal combustion engines: Electronic reporting, Subpart ZZZZ | NPRM | 1/23 |
Site remediation: Reconsideration of CERCLA/RCRA exemptions, Subpart GGGGG | Final Rule | 1/23 |
Synthetic organic chemical manufacturing industry: Review, Subparts F, G, H, and I | NPRM | 1/23 |
Miscellaneous coating manufacturing: Review amendments, Subpart HHHHH | Final Rule | 2/23 |
Integrated iron and steel manufacturing: Amendments, Subpart FFFFF | NPRM | 2/23 |
Lead-acid battery manufacturing: Review, Subpart PPPPPP | Final Rule | 2/23 |
Plywood and composite wood products: Review amendments, Subpart DDDD | NPRM | 2/23 |
Coal- and oil-fired electric utility steam generating units: Reconsideration of 2020 supplemental finding, Subpart UUUUU | Final Rule | 3/23 |
Ethylene oxide commercial sterilization and fumigation operations: Review, Subpart O | NPRM | 3/23 |
Stationary combustion turbines: Response to petition to delist as major source, Subpart YYYY | Notice | 3/23 |
Wood preserving: Review, Subpart QQQQQQ | Final Rule | 3/23 |
Taconite iron ore processing: Review, Subpart RRRRR | NPRM | 3/23 |
Coal- and oil-fired electric utility steam generating units: Review of the 2020 residual risk and technology review, Subpart UUUUU | NPRM | 3/23 |
Group I and II polymers and resins: Review, Subparts U and W | NPRM | 4/23 |
Review of major MACT to area (MM2A) final rule | NPRM | 4/23 |
Portland cement manufacturing: Review of idle kiln provision, Subpart LLL | NPRM | 5/23 |
Secondary lead smelting, Reconsideration of petition, Subpart X | NPRM | 5/23 |
Gasoline distribution: Major and area source review, Subparts R and BBBBBB | Final Rule | 6/23 |
Rubber tire manufacturing: Review, Subpart XXXX | NPRM | 6/23 |
Dry cleaning facilities: Review, Subpart M | Final Rule | 6/23 |
Coke oven batteries: Review, Subparts L and CCCCC | NPRM | 7/23 |
Primary copper smelting: Major and area source review, Subparts QQQ and EEEEEE | Final Rule | 9/23 |
Primary magnesium refining: Review, Subpart TTTTT | Supplemental NPRM | 9/23 |
Oil and natural gas sector: Reconsideration of review, Subparts HH and HHH1 | NPRM | 1/24 |
Polyvinyl chloride and copolymers production: Reconsideration of emission limits, Subparts DDDDDD and HHHHHHH1 | Final Rule | 9/25 |
Fall 2022 OAR Regulatory Agenda—NSR and Other Rules
Rule description | Action | Schedule date |
|---|---|---|
Review of the NAAQS for PM | NPRM | 1/23 |
Removal of Title V emergency affirmative defense provisions | Final Rule | 3/23 |
Reconsideration of NAAQS for O3 | NPRM | 4/23 |
PSD and NNSR: Project emissions accounting revisions | NPRM | 9/23 |
PSD and NNSR: Reconsideration of fugitive emissions rule | Final Rule | 11/23 |
Alternative work practices for leak detection and repair amendments related to optical gas imaging1 | NPRM | 12/23 |
Clarification of Title V definition of “applicable requirement”1 | NPRM | 1/24 |
PSD: Establishment of ozone and PM2.5 significant impact levels1 | NPRM | TBD |
Review of the secondary NAAQS for NOX, SO2, and PM1 | NPRM | TBD |
PSD: Greenhouse gas significant emission rate revisions1 | NPRM | TBD |
Review of NAAQS for Pb1 | NPRM | TBD |
ANPRM = advanced notice of proposed rulemaking; NPRM = notice of proposed rulemaking; TBD = to be determined
1Long-term actions: Items under development but for which the agency does not expect to have a regulatory action within 12 months after publication in the regulatory agenda.
Source: EPA’s Fall 2022 regulatory agenda; EPA’s Fall 2022 long-term actions.
©2023-2024 McCoy and Associates, Inc. All rights reserved.
McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.
Disclaimer
Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.
This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
