January 19, 2024
Upcoming Changes to Stationary Source Regulations
EPA’s Fall 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.
Fall 2023 OAR Regulatory Agenda—NSPS
Rule description | Action | Scheduled date |
|---|---|---|
Large municipal waste combustors: Review, Subparts Eb and Cb | NPRM | 12/23 |
Oil and natural gas: Review, Subparts OOOO and OOOOa | Final Rule | 12/23 |
Stationary internal combustion engines: Electronic reporting, Subparts IIII and JJJJ | Final Rule | 2/24 |
Bulk gasoline terminals: Review, Subpart XX | Final Rule | 2/24 |
Synthetic organic chemical manufacturing industry: Review, Subparts VVa, III, NNN, and RRR | Final Rule | 3/24 |
Other solid waste incinerators: Review, Subparts EEEE and FFFF | Final Rule | 3/24 |
Greenhouse gas emissions from electric generating units: Review, Subpart TTTT | Final Rule | 4/24 |
Volatile organic liquid storage vessels: Review, Subpart Kb | Final Rule | 9/24 |
Residential wood heaters, hydronic heaters, and forced-air furnaces: Amendments, Subparts AAA and QQQQ1 | NPRM | 12/25 |
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 |
Fall 2023 OAR Regulatory Agenda—NESHAP and Air Toxics
Rule description | Action | Scheduled date |
|---|---|---|
Taconite iron ore processing: Review, Subpart RRRRR | Final Rule | 1/24 |
Petroleum and chemical sectors: Reconsideration of petitions, Subparts CC, YY, FFFF, and EEEE | Final Rule | 2/24 |
Reciprocating internal combustion engines: Electronic reporting, Subpart ZZZZ | Final Rule | 2/24 |
Gasoline distribution: Major and area source review, Subparts R and BBBBBB | Final Rule | 2/24 |
Dry cleaning facilities: Review, Subpart M | Final Rule | 2/24 |
Hospital ethylene oxide sterilizers: Review, Subpart WWWWW | NPRM | 3/24 |
Integrated iron and steel manufacturing: Amendments, Subpart FFFFF | Final Rule | 3/24 |
Group I and II polymers and resins: Review, Subparts U and W | 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 |
Stationary combustion turbines: Reconsideration of the 2020 residual risk and technology review, Subpart YYYY | NPRM | 4/24 |
Rubber tire manufacturing: Review, Subpart XXXX | Final Rule | 4/24 |
Coal- and oil-fired electric utility steam generating units: Reconsideration of 2020 supplemental finding, Subpart UUUUU | Final Rule | 4/24 |
Primary copper smelting: Major and area source review, Subparts QQQ and EEEEEE | Final Rule | 5/24 |
Coke oven batteries: Review, Subparts L and CCCCC | Final Rule | 5/24 |
Review of major MACT to area (MM2A) final rule | Final Rule | 5/24 |
Lime manufacturing plants: Amendments, Subpart AAAAA | Final Rule | 7/24 |
Polyether polyols production: Review, Subpart PPP | NPRM | 8/24 |
Portland cement manufacturing: Review of idle kiln provision, Subpart LLL | NPRM | 8/24 |
Primary magnesium refining: Review, Subpart TTTTT1 | Supplemental NPRM | 11/24 |
Oil and natural gas sector: Removal of affirmative defense provisions, Subparts HH and HHH1 | NPRM | 1/25 |
Oil and natural gas sector: Reconsideration of review, Subparts HH and HHH1 | NPRM | 1/25 |
Hazardous waste combustors: Review, Subpart EEE1 | NPRM | 8/25 |
Polyvinyl chloride and copolymers production: Reconsideration of emission limits, Subparts DDDDDD and HHHHHHH1 | Final Rule | 9/25 |
Secondary lead smelting, Reconsideration of petition, Subpart X1 | NPRM | 10/25 |
Plywood and composite wood products: Review amendments, Subpart DDDD1 | Final Rule | 6/26 |
Hazardous waste combustors: Removal of emissions exemption and new electronic reporting requirements, Subpart EEE1 | NPRM | TBD |
Stationary combustion turbines: Response to petition to delist as major source, Subpart YYYY1 | NPRM | TBD |
Regulatory infrastructure for new HAP additions to Part 63 | Final Action | TBD |
Fall 2023 OAR Regulatory Agenda—NSR and Other Rules
Rule description | Action | Schedule date |
|---|---|---|
Clarification of Title V definition of “applicable requirement” | NPRM | 11/23 |
Reconsideration of NAAQS for PM | Final Rule | 12/23 |
PSD and NNSR: Project emissions accounting revisions | NPRM | 12/23 |
Review of secondary NAAQS for NOX, SO2, and PM | NPRM | 4/24 |
Enforceability requirements for PTE limits | NPRM | 8/24 |
Reconsideration of NAAQS for O31 | NPRM | TBD |
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 |
Review of primary NAAQS for NOX1 | NPRM | TBD |
PSD and NNSR: Reconsideration of fugitive emissions rule1 | Final Rule | TBD |
Alternative work practices for leak detection and repair amendments related to optical gas imaging1 | 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 2023 regulatory agenda; EPA’s Fall 2023 long-term actions
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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental 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.
