July 17, 2023

Upcoming Changes to CAA Regulations

EPA’s Spring 2023 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.

Spring 2023 OAR Regulatory Agenda—NSPS

Rule description

Action

Schedule date

Stationary internal combustion engines: Electronic reporting, Subparts IIII and JJJJ

NPRM

6/23

Dry cleaning facilities: Review, Subpart M

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

Volatile organic liquid storage vessels: Review, Subpart Kb

NPRM

10/23

Secondary lead smelting: Review, Subpart L

Final Rule

11/23

Synthetic organic chemical manufacturing industry: Review, Subparts VVa, III, NNN, and RRR

Final Rule

3/24

Other solid waste incinerators: Review, Subparts EEEE and FFFF1

Final Rule

3/24

Greenhouse gas emissions from electric generating units: Review, Subpart TTTT

Final Rule

4/24

Residential wood heaters, hydronic heaters, and forced-air furnaces: Amendments, Subparts AAA and QQQQ1

NPRM

1/27

Municipal solid waste landfills: Reconsideration of standards, Subparts Cf and XXX1

NPRM

TBD

Pressure sensitive tape and label surface coating operations: Review, Subpart RR1

NPRM

TBD

Spring 2023 OAR Regulatory Agenda—NESHAP and Air Toxics

Rule description

Action

Schedule date

Petroleum and chemical sec-tors: Reconsideration of petitions, Subparts CC, YY, FFFF, and EEEE

NPRM

6/23

Reciprocating internal com-bustion engines: Electronic reporting, Subpart ZZZZ

NPRM

6/23

Integrated iron and steel manufacturing: Amendments, Subpart FFFFF

NPRM

6/23

Secondary lead smelting, Reconsideration of petition, Subpart X

NPRM

6/23

Dry cleaning facilities: Review, Subpart M

Final Rule

6/23

Regulatory infrastructure for new HAP additions to Part 63

NPRM

8/23

Primary copper smelting: Major and area source review, Subparts QQQ and EEEEEE

Supplemental NPRM

8/23

Gasoline distribution: Major and area source review, Subparts R and BBBBBB

Final Rule

8/23

Lime manufacturing plants: Amendments, Subpart AAAAA

Final Rule

8/23

Coke oven batteries: Review, Subparts L and CCCCC

NPRM

9/23

Review of major MACT to area (MM2A) final rule

NPRM

9/23

Rubber tire manufacturing: Review, Subpart XXXX

NPRM

11/23

Primary magnesium refining: Review, Subpart TTTTT

Supplemental NPRM

11/23

Plywood and composite wood products: Review amendments, Subpart DDDD

Final Rule

11/23

Stationary combustion turbines: Response to petition to delist as major source, Subpart YYYY

Notice

12/23

Polyether polyols production: Review, Subpart PPP

NPRM

12/23

Stationary combustion turbines: Reconsideration of the 2020 residual risk and technology review, Subpart YYYY

NPRM

12/23

Taconite iron ore processing: Review, Subpart RRRRR

Final Rule

12/23

Hospital ethylene oxide sterilizers: Review, Subpart WWWWW

NPRM

2/24

Group I and II polymers and resins: Review, Subparts U and W

Final Rule

3/24

Coal- and oil-fired electric utility steam generating units: Reconsideration of 2020 supplemental finding, Subpart UUUUU

Final Rule

3/24

Ethylene oxide commercial sterilization and fumigation operations: Review, Subpart O

Final Rule

3/24

Synthetic organic chemical manufacturing industry: Review, Subparts F, G, H, and I

Final Rule

3/24

Portland cement manufacturing: Review of idle kiln provision, Subpart LLL1

NPRM

8/24

Oil and natural gas sector: Removal of affirmative defense provisions, Subparts HH and HHH1

NPRM

8/24

Oil and natural gas sector: Reconsideration of review, Subparts HH and HHH1

NPRM

1/25

Polyvinyl chloride and co-polymers production: Reconsideration of emission limits, Subparts DDDDDD and HHHHHHH1

Final Rule

9/25

Hazardous waste combustors: Review, Subpart EEE1

NPRM

12/25

Spring 2023 OAR Regulatory Agenda—NSR and Other Rules

Rule description

Action

Schedule date

Removal of Title V emergency affirmative defense provisions

Final Rule

6/23

Review of the NAAQS for PM

Final Rule

10/23

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 imaging

NPRM

12/23

PSD and NNSR: Project emissions accounting revisions

NPRM

12/23

Clarification of Title V definition of “applicable requirement”

NPRM

1/24

Review of the secondary NAAQS for NOX, SO2, and PM1

NPRM

3/24

Reconsideration of NAAQS for O3

NPRM

4/24

PSD: Establishment of ozone and PM2.5 significant impact levels1

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 of the regulatory agenda.

Source: EPA’s Spring 2023 regulatory agenda; EPA’s Spring 2023 long-term actions

 


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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.