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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