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

 


©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.