January 14, 2022
Upcoming Changes to Stationary Source Regulations
EPA’s Fall 2021 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 2021 OAR Regulatory Agenda—NSPS
Rule description | Action | Scheduled date |
|---|---|---|
Regulation of pyrolysis and gasification units | ANPRM | 9/21 |
Municipal solid waste landfills: Technical revisions and clarifications, Subpart XXX | Final Rule | 11/21 |
Dry cleaning facilities: Review, Subpart JJJ | NPRM | 12/21 |
Stationary compression and spark ignition internal combustion engines: Electronic reporting, Subparts IIII and JJJJ | NPRM | 1/22 |
Testing provisions technical amendments | NPRM | 2/22 |
Lead-acid battery manufacturing: Review, Subpart KK | NPRM | 2/22 |
Steel plants: Review, Subparts AA and AAa | NPRM | 5/22 |
Automobile and light-duty truck surface coating operations: Review, Subpart MM | NPRM | 5/22 |
Bulk gasoline terminals: Review, Subpart XX | NPRM | 6/22 |
Greenhouse gas emissions from electric generating units: Review, Subpart TTTT | NPRM | 6/22 |
Plastic parts for business machines: Review, Subpart TTT | NPRM | 6/22 |
Emission guidelines for greenhouse gas emissions from existing electric utility generating units: Rework of vacated standard, Subpart UUUUa | NPRM | 7/22 |
Oil and natural gas: Review, Subparts OOOO and OOOOa | Final Rule | 10/22 |
Residential wood heaters, hydronic heaters, and forced-air furnaces: Amendments, Subpart AAA1 | NPRM | 1/23 |
Municipal solid waste landfills: Reconsideration of standards, Subparts Cf and XXX1 | NPRM | 1/24 |
Other solid waste incinerators: Review, Subparts EEEE and FFFF1 | Final Rule | 3/24 |
Fall 2021 OAR Regulatory Agenda—NESHAP and Air Toxics
Rule description | Action | Scheduled date |
|---|---|---|
Primary copper smelting: Major and area source review, Subparts QQQ and EEEEEE | NPRM | 11/21 |
Coal- and oil-fired electric utility steam generating units: Reconsideration of 2020 supplemental finding, Subpart UUUUU | NPRM | 11/21 |
Flexible polyurethane foam fabrication operations: Review, Subparts MMMMM and OOOOOO | Final Rule | 11/21 |
Municipal solid waste landfills: Technical revisions and clarifications, Subpart AAAA | Final Rule | 11/21 |
Dry cleaning facilities: Review, Subpart M | NPRM | 12/21 |
Miscellaneous organic chemical manufacturing (MON): Reconsideration of the 2020 residual risk and technology review, Subpart FFFF | NPRM | 12/21 |
Stationary combustion turbines: Amendments, Subpart YYYY | Final Rule | 12/21 |
Petition to delist HAPs: 2-Butoxyethyl Benzoate | NPRM | 1/22 |
Addition of 1-bromopropane to HAP list | Final Rule | 1/22 |
Reciprocating internal combustion engines: Electronic reporting, Subpart ZZZZ | NPRM | 1/22 |
Portland cement manufacturing: Review of idle kiln provision, Subpart LLL | NPRM | 2/22 |
Testing provisions technical amendments | NPRM | 2/22 |
Lead-acid battery manufacturing: Review, Subpart PPPPPP | NPRM | 2/22 |
Industrial, commercial, and institutional boilers and process heaters: Amendments, Subpart DDDDD | Final Rule | 2/22 |
Wood preserving: Review, Subpart QQQQQQ | NPRM | 3/22 |
Polyvinyl chloride and copolymers production: Reconsideration of emission limits, Subparts DDDDDD and HHHHHHH | Final Rule | 3/22 |
Stationary combustion turbines: Petition to delist as a major source of HAPs, Subpart YYYY | NPRM | 4/22 |
Regulatory infrastructure for new HAP additions to Part 63 | NPRM | 4/22 |
Coke oven batteries: Review, Subparts L and CCCCC | NPRM | 5/22 |
Ethylene oxide commercial sterilization and fumigation operations: Review, Subpart O | NPRM | 6/22 |
Gasoline distribution: Major and area source review, Subparts R and BBBBBB | NPRM | 6/22 |
Review of major MACT to area (MM2A) final rule | NPRM | 6/22 |
Coal- and oil-fired electric utility steam generating units: Review of the 2020 residual risk and technology review, Subpart UUUUU | NPRM | 6/22 |
Mercury cell chlor-alkali plants: Review, Subpart IIIII | Final Rule | 6/22 |
Primary magnesium refining: Review, Subpart TTTTT | Final Rule | 8/22 |
Paint stripping and miscellaneous surface coating operations: Review Subpart HHHHHH | Final Rule | 11/22 |
Plywood and composite wood products: Review amendments, Subpart DDDD1 | NPRM | 11/22 |
Miscellaneous coating manufacturing: Review amendments, Subpart HHHHH1 | NPRM | 12/22 |
Site remediation: Reconsideration of CERCLA/RCRA exemptions1 | Final Rule | 1/23 |
Oil and natural gas sector: Reconsideration of review, Subpart HH and HHH1 | NPRM | 1/24 |
Coal- and oil-fired electric utility steam generating units: Technical corrections and clarifications, Subpart UUUUU1 | NPRM | 6/23 |
Chemical manufacturing area sources: Review, Subpart VVVVVV1 | NPRM | TBD |
Fall 2021 OAR Regulatory Agenda—NSR and Other Rules
Rule description | Action | Scheduled date |
|---|---|---|
PSD and NNSR: Reconsideration of fugitive emissions rule | NPRM | 6/22 |
Alternative work practices for leak detection and repair amendments | NPRM | 6/22 |
Review of the National Ambient Air Quality Standards for particulate matter | NPRM | 8/22 |
PSD: Establishment of ozone and PM2.5 significant impact levels1 | NPRM | TBD |
PSD: Greenhouse gas significant emission rate revisions1 | NPRM | TBD |
Review of the National Ambient Air Quality Standards for lead1 | 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 2021 regulatory agenda; EPA’s Fall 2021 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.
