Past Regulatory Actions

Mandatory Reporting of Greenhouse Gases

EPA is promulgating a regulation to require reporting of greenhouse gas emissions from all sectors of the economy. The final rule applies to fossil fuel suppliers and industrial gas suppliers, direct greenhouse gas emitters and manufacturers of heavy-duty and off-road vehicles and engines. The rule does not require control of greenhouse gases, rather it requires only that sources above certain threshold levels monitor and report emissions.

Published October 30, 2009. The final rule is effective on December 29, 2009.

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National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources

EPA is issuing national emission standards for the control of hazardous air pollutants for nine area source categories in the chemical manufacturing sector: Agricultural Chemicals and Pesticides Manufacturing, Cyclic Crude and Intermediate Production, Industrial Inorganic Chemical Manufacturing, Industrial Organic Chemical Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic Materials and Resins Manufacturing, Pharmaceutical Production, and Synthetic Rubber Manufacturing. The standards and associated requirements for the nine area source categories are combined in one subpart. This final rule establishes emission standards in the form of management practices for each chemical manufacturing process unit as well as emission limits for certain subcategories of process vents and storage tanks. The rule also establishes management practices and other emission reduction requirements for subcategories of wastewater systems and heat exchange systems.

Published October 29, 2009. This final rule is effective on October 29, 2009.

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National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

This action amends the national emission standards for petroleum refineries to add maximum achievable control technology standards for heat exchange systems. This action also amends the general provisions cross-reference table and corrects section references.

Published October 28, 2009. The final amendments are effective on October 28, 2009.

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Proposed Consent Decree, Clean Air Act Citizen Suit

In accordance with section 113(g) of the Clean Air Act, as amended (42 U.S.C. 7413(g)), notice is hereby given of a proposed consent decree to address a lawsuit filed in the United States District Court for the District of Columbia: American Nurses Association, et al. v. Jackson, No. 1:08-cv-02198 (RMC) (D. DC). On December 18, 2008, Plaintiffs filed a complaint alleging that EPA failed to perform a non-discretionary duty to promulgate final maximum achievable control technology emissions standards for hazardous air pollutants from coal-and oil-fired electric utility steam generating units ("EGUs or power plants"), pursuant to CAA section 112(d), by the statutorily-mandated deadline. Under the terms of the proposed consent decree, EPA shall, no later than March 16, 2011, sign for publication in the Federal Register a notice of proposed rulemaking setting forth EPA's proposed emission standards for coal- and oil-fired EGUs pursuant to CAA section 112(d). In addition, EPA shall, no later than November 16, 2011, sign for publication in the Federal Register a notice of final rulemaking setting forth EPA's final emission standards for coal- and oil-fired EGUs pursuant to CAA section 112(d).

Published October 28, 2009. Written comments on the proposed consent decree must be received by November 27, 2009.

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National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

EPA is proposing to withdraw the residual risk and technology review portions of the final rule amending the National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries, which was signed by then Administrator Stephen Johnson, on January 16, 2009.

Published October 28, 2009. Written comments must be received on or before November 27, 2009, unless a public hearing is requested by November 9, 2009. If a hearing is requested on the proposed partial withdrawal, written comments must be received by December 14, 2009.

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Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program

EPA is proposing several revisions to the Lead Renovation, Repair, and Painting Program (RRP) rule that was published in the Federal Register on April 22, 2008. The rule establishes accreditation, training, certification, and recordkeeping requirements as well as work practice standards for persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. In this document, EPA is proposing to eliminate the "opt-out" provision that currently exempts a renovation firm from the training and work practice requirements of the rule where the firm obtains a certification from the owner of a residence that no child under age 6 or pregnant woman resides in the home and the home is not a child-occupied facility. EPA is also proposing to require renovation firms to provide a copy of the records demonstrating compliance with the training and work practice requirements of the RRP rule to the owner and, if different, the occupant of the building being renovated or the operator of the child-occupied facility.

Published October 28, 2009. Comments must be received on or before November 27, 2009.

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Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule

EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations under the CAA to control GHG emissions and, as a result, trigger PSD and title V applicability requirements for GHG emissions. If PSD and title V requirements apply at the applicability levels provided under the CAA, State permitting authorities would be paralyzed by permit applications in numbers that are orders of magnitude greater than their current administrative resources could accommodate.

On the basis of the legal doctrines of "absurd results" and "administrative necessity," this proposed rule would phase in the applicability thresholds for both the PSD and title V programs for sources of GHG emissions. The first phase, which would last 6 years, would establish a temporary level for the PSD and title V applicability thresholds at 25,000 tons per year (tpy), on a "carbon dioxide equivalent" (CO2e) basis, and a temporary PSD significance level for GHG emissions of between 10,000 and 25,000 tpy CO2e. EPA would also take other streamlining actions during this time. Within 5 years of the final version of this rule, EPA would conduct a study to assess the administrative issues. Then, EPA would conduct another rulemaking, to be completed by the end of the sixth year, that would promulgate, as the second phase, revised applicability and significance level thresholds and other streamlining techniques, as appropriate.

Published October 27, 2009. Comments must be received on or before December 28, 2009.

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Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusion From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes

This notice of data availability invites comments on a revised risk analysis supporting the Environmental Protection Agency's proposed revisions to the Resource Conservation Recovery Act (RCRA) hazardous waste regulations governing the management of solvent-contaminated wipes. The revised analysis addresses public comments received on the risk screening analysis conducted on EPA's 2003 Federal Register proposal to exclude solvent-contaminated wipes from the RCRA definitions of solid and hazardous waste. To address these comments, EPA updated the data, models, and approach used in the risk analysis and then had the product peer reviewed by outside experts. The revised risk analysis, as well as the peer review comments and responses are available in the docket for this notice. The notice also invites comment on specific issues in light of the results of the revised risk analysis.

Published October 27, 2009. Comments must be received by December 28, 2009.

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National Primary Drinking Water Regulations: Drinking Water Regulations for Aircraft Public Water Systems

The Environmental Protection Agency is establishing Federal drinking water requirements (known as national primary drinking water regulations) for aircraft public water systems under the Safe Drinking Water Act (SDWA).

Federal drinking water standards were primarily designed to regulate water quality in stationary public water systems, and the application of these requirements to mobile water systems with the capability of flying throughout the world has created implementation challenges. This final rule's requirements are intended to tailor existing health-based drinking water standards to the unique characteristics of aircraft water systems for the enhanced protection of public health against illnesses attributable to microbiological contamination. EPA believes that this approach will better protect public health while building upon existing aircraft operations and maintenance programs, better coordinate Federal programs that regulate aircraft water systems, and minimize disruptions of aircraft flight schedules.

Published October 19, 2009. This rule is effective November 18, 2009.

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Modification to 2008 National Pollutant Discharge Elimination System General Permit for Stormwater Discharges From Construction Activities

EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 today are proposing for public comment a modification to the 2008 National Pollutant Discharge Elimination System (NPDES) general permits for stormwater discharges associated with construction activity, in order to extend by one-year the expiration date of the permit. The 2008 construction general permit (CGP) was originally issued for a period not to exceed two (2) years. EPA proposes to modify the CGP in order to extend the 2 year term of the 2008 CGP by one year so that it expires on June 30, 2011, instead of June 30, 2010. If EPA finalizes this action, the 2008 CGP will be in effect for a period of three (3) years.

Published October 19, 2009. Comments on EPA's proposal, including the draft permit, must be postmarked by November 18, 2009. If finalized as proposed, EPA would be extending the expiration date of the 2008 CGP until midnight June 30, 2011.

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Emissions Factors Program Improvements

The purpose of this Advanced Notice of Proposed Rulemaking (ANPRM) is to convey issues raised by stakeholders about EPA's emissions factors program, inform the public of initial ideas on how to address these issues, and solicit comments on current thinking to resolve these issues. EPA intends to develop a self-sustaining emissions factors program that produces high quality, timely emissions factors, better indicates the precision and accuracy of emissions factors, encourages the appropriate use of emissions factors, and ultimately improves emissions quantification. Although initially developed for emissions inventory purposes only, use of emissions factors has been expanded to a variety of air pollution control activities including permitting, enforcement, modeling, control strategy development, and risk analysis. This ANPRM discusses the appropriateness of using emissions factors for these activities.

Published October 14, 2009. Comments must be received on or before November 13, 2009.

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Standards of Performance for Coal Preparation and Processing Plants

EPA is promulgating amendments to the new source performance standards for coal preparation and processing plants. These final amendments include revisions to the emission limits for particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment (coal processing and conveying equipment, coal storage systems, and coal transfer and loading systems) located at coal preparation and processing plants. These revised limits apply to affected facilities that commence construction, modification, or reconstruction after April 28, 2008.

The amendments also establish a sulfur dioxide (SO2) emission limit and a combined nitrogen oxide (NOx) and carbon monoxide (CO) emissions limit for thermal dryers located at coal preparation and processing plants. In addition, the amendments establish work practice standards to control fugitive coal dust emissions from open storage piles located at coal preparation and processing plants. The SO2 limit, the NOx/CO limit, and the work practice standards apply to affected facilities that commence construction, modification, or reconstruction after May 27, 2009. This rule also modifies the definition of thermal dryer to include both direct contact and indirect contact thermal dryers drying all coal ranks. The definition of pneumatic coal-cleaning equipment is modified to include equipment cleaning all coal ranks. In addition, the definition of coal is amended for purposes of subpart Y to include coal refuse. The modified definitions of thermal dryer, pneumatic coal cleaning equipment, and coal will be used to determine whether and how the standards apply to facilities that commence construction, modification, or reconstruction after May 27, 2009.

Published October 8, 2009. This final rule is effective on October 8, 2009.

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Prevention of Significant Deterioration (PSD): Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program

In a December 18, 2008 memorandum, EPA established an interpretation of the regulatory phrase "subject to regulation" that is applied to determine the pollutants subject to the federal Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA). On February 17, 2009, the EPA Administrator granted a petition for reconsideration of the regulatory interpretation in the memorandum. However, the Administrator did not grant a request to stay the memorandum, so the interpretation remains in effect for the federal PSD program pending completion of this reconsideration action.

This action implements the grant of reconsideration by discussing and requesting public comment on various interpretations of the regulatory phrase "subject to regulation." The interpretations discussed in this document include EPA's current and preferred interpretation, which would make PSD applicable to a pollutant on the basis of an EPA regulation requiring actual control of emissions of a pollutant, as well as interpretations that would make PSD applicable to a pollutant on the basis of an EPA regulation requiring monitoring or reporting of emissions of a pollutant, the inclusion of regulatory requirements for specific pollutants in an EPA-approved state implementation plan (SIP), an EPA finding of endangerment, and the grant of a section 209 waiver. This document also takes comments on related issues and other interpretations that could influence this reconsideration.

Published October 7, 2009. Comments must be received on or before December 7, 2009.

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Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators

On September 15, 1997, EPA adopted new source performance standards (NSPS) and emissions guidelines (EG) for hospital/medical/infectious waste incinerators (HMIWI). The NSPS and EG were established under Sections 111 and 129 of the Clean Air Act. In a response to a suit filed by the Sierra Club and the Natural Resources Defense Council, the U.S. Court of Appeals for the District of Columbia Circuit (the Court) remanded the HMIWI regulations on March 2, 1999, for further explanation of EPA's reasoning in determining the minimum regulatory "floors" for new and existing HMIWI. The HMIWI regulations were not vacated and were fully implemented by September 2002. On February 6, 2007, EPA published its proposed response to the Court's remand. Following recent court decisions and receipt of public comments regarding the proposal, EPA has re-assessed our response to the remand, and on December 1, 2008, published another proposed response and solicited public comments. This action promulgates the EPA response to the Court's remand and also satisfies the CAA Section 129(a)(5) requirement to conduct a review of the standards every 5 years.

Published October 6, 2009. The amendments to 40 CFR 60.32e, 60.33e, 60.36e, 60.37e, 60.38e, 60.39e, Table 1A and 1B to subpart Ce, and Tables 2A and 2B to subpart Ce are effective as of December 7, 2009. The amendments to 40 CFR 60.17, 60.50c, 60.51c, 60.52c, 60.55c, 60.56c, 60.57c, 60.58c, and Tables 1A and 1B to subpart Ec are effective as of April 6, 2010.

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Operating Permit Programs; Flexible Air Permitting Rule

EPA is revising the regulations governing State and Federal operating permit programs required by title V of the Clean Air Act to promote flexible air permitting approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and compliance with applicable laws. The revisions to title V regulations consist of adding definitions for alternative operating scenario (AOS) and approved replicable methodology (ARM) and codifying some clarifications to existing provisions. These revisions are intended to clarify and reaffirm opportunities for accessing operational flexibility under existing regulations. EPA is not finalizing any revisions to existing minor or major New Source Review (NSR) regulations. In particular, that portion of the proposal which relates to Green Groups and their potential inclusion in NSR programs required by parts C and D of title I of the Act is withdrawn. Instead, States and sources are encouraged to investigate in more depth the flexibilities currently available under the major NSR regulations.

Published October 6, 2009. This final rule is effective on November 5, 2009.

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Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions

The Environmental Protection Agency is providing notice that it has granted a petition for reconsideration of the final rule titled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions," published on December 19, 2008. EPA's decision to reconsider was in response to a request made by the Natural Resources Defense Council in a letter dated February 17, 2009.

Published September 30, 2009. The amendments to 40 CFR parts 51 and 52 in this rule are effective from September 30, 2009 through December 30, 2009. Effective September 30, 2009, multiple sections of 40 CFR 51.165, 40 CFR 51.166 and 40 CFR 52.21 affected by this decision are administratively stayed until December 30, 2009. See the Federal Register publication or contact T. Cozzie Consulting Inc. for more information.

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Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards

EPA and the National Highway Traffic Safety Administration (NHTSA) are issuing this joint proposal to establish a National Program consisting of new standards for light-duty vehicles that will reduce greenhouse gas emissions and improve fuel economy. This joint proposed rulemaking is consistent with the National Fuel Efficiency Policy announced by President Obama on May 19, 2009, responding to the country's critical need to address global climate change and to reduce oil consumption. EPA is proposing greenhouse gas emissions standards under the Clean Air Act, and NHTSA is proposing Corporate Average Fuel Economy standards under the Energy Policy and Conservation Act, as amended. These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016, and represent a harmonized and consistent National Program. Under the National Program, automobile manufacturers would be able to build a single light-duty national fleet that satisfies all requirements under both programs while ensuring that consumers still have a full range of vehicle choices.

Published September 28, 2009. Comments must be received on or before November 27, 2009.

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Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5); Final Rule To Stay the Grandfathering Provision for PM2.5

In this final action, EPA is issuing a stay, for nine months, on the "grandfathering" provision for particulate matter less than 2.5 micrometers (PM2.5) requirements in the Federal Prevention of Significant Deterioration (PSD) program. The grandfathering provision was added to the Federal PSD regulations on May 16, 2008, as part of the final rule titled, "Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)." This stay follows an administrative stay, which was in effect from June 1, 2009, until September 1, 2009, on the same provision. This additional stay is intended to provide sufficient time for EPA to propose, take public comment on, and issue a final action concerning the repeal of the grandfathering provision for PM2.5 in the Federal PSD program.

Published September 22, 2009. Effective September 22, 2009, 40 CFR 52.21(i)(1)(xi) is stayed for a period of nine months, until June 22, 2010.

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Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category

EPA is proposing technology-based effluent limitation guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act for discharges from airport deicing operations. The requirements generally would apply to wastewater associated with the deicing of aircraft and airfield pavement at primary commercial airports. The ELGs would be incorporated into the NPDES permits issued by EPA, states or tribes. EPA expects compliance with this regulation to reduce the discharge of deicing-related pollutants by at least 44.6 million pounds per year. EPA estimates the annual cost of the rule would be $91.3 million.

Published August 28, 2009. Comments must be received on or before December 28, 2009.

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Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder

EPA is proposing emission standards for new marine diesel engines with per cylinder displacement at or above 30 liters (called Category 3 marine diesel engines) installed on U.S. vessels, under section 213 of the Clean Air Act. The proposed engine standards are equivalent to the nitrogen oxides (NOx) limits recently adopted in the amendments to Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI) and are based on the position advanced by the U.S. as part of those international negotiations. The near-term standards for newly-built engines would apply beginning in 2011. Long-term standards would begin in 2016 and are based on the application of high-efficiency aftertreatment technology.

This proposal is part of a coordinated strategy to ensure that all ships that affect U.S. air quality meet stringent NOx and fuel sulfur requirements. In addition, on March 27, 2009, the U.S. forwarded a proposal to the International Maritime Organization (IMO) to amend MARPOL Annex VI to designate an Emission Control Area (ECA) off U.S. coasts. If this proposed amendment is not timely adopted by IMO, EPA will take supplemental action to control emissions from vessels affecting U.S. air quality.

EPA also proposes a change to the diesel fuel program that would forbid the production and sale of marine fuel oil above 1,000 ppm sulfur for use in the waters within the proposed U.S. ECA and internal U.S. waters and allow for the production and sale of 1,000 ppm sulfur fuel for use in Category 3 marine vessels.

The proposed regulations also include technical amendments to motor vehicle and nonroad engine regulations. Many of these changes involve minor adjustments or corrections to the recently finalized rule for new nonroad spark-ignition engines, or adjustment to other regulatory provisions to align with this recent final rule.

Published August 29, 2009. Comments must be received by September 28, 2009.

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National Emission Standards for Hazardous Air Pollutants; Announcement of EPA Letter Addressing Recent Court Decision

On December 19, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated two provisions in EPA's General Provisions Rule promulgated under section 112 of the Clean Air Act that exempt sources from the requirement to comply with otherwise applicable section 112(d) emission standards during periods of startup, shutdown and malfunction. This notice announces the public availability of a letter that EPA has issued addressing concerns that have been raised regarding the impact of that decision if the mandate effectuating the vacatur issues.

Published August 26, 2009.

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National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

EPA is proposing national emissions standards for control of hazardous air pollutants from the chemical preparations area source category. These proposed emissions standards for new and existing sources reflect EPA's proposed determination regarding the generally available control technology or management practices for the source category.

Published August 5, 2009.

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National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing

EPA is proposing national emissions standards for control of hazardous air pollutants from prepared feeds manufacturing facilities. The proposed emissions standards for new and existing sources are based on EPA's proposed determination as to what constitutes the generally available control technology or management practices for the area source category.

Published July 27, 2009.

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Primary National Ambient Air Quality Standard for Nitrogen Dioxide

Based on its review of the air quality criteria for oxides of nitrogen and the primary national ambient air quality standard (NAAQS) for oxides of nitrogen as measured by nitrogen dioxide (NO2), EPA proposes to make revisions to the primary NO2 NAAQS in order to provide requisite protection of public health. Specifically, EPA proposes to supplement the current annual standard by establishing a new short-term NO2 standard based on the 3-year average of the 99th percentile (or 4th highest) of 1-hour daily maximum concentrations. EPA proposes to set the level of this new standard within the range of 80 to 100 ppb and solicits comment on standard levels as low as 65 ppb and as high as 150 ppb. EPA also proposes to establish requirements for an NO2 monitoring network that will include monitors within 50 meters of major roadways. In addition, EPA is soliciting comment on an alternative approach to setting the standard and revising the monitoring network. Consistent with the terms of a consent decree, the Administrator will sign a notice of final rulemaking by January 22, 2010.

Published July 15, 2009.

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National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

EPA is proposing national emissions standards for the control of emissions of hazardous air pollutants (HAP) from the asphalt processing and asphalt roofing manufacturing area source category. These proposed emissions standards for new and existing sources are based upon EPA's proposed determination as to what constitutes the generally available control technology or management practices for the source category.

Published July 9, 2009.

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Notice of Decision Granting a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles

The Environmental Protection Agency (EPA) is granting the California Air Resources Board's (CARB's) request for a waiver of Clean Air Act preemption to enforce its greenhouse gas emission standards for model year 2009 and later new motor vehicles. This decision is under section 209(b) of the Clean Air Act (the "Act"), as amended. This decision withdraws and replaces EPA's prior denial of the CARB's December 21, 2005 waiver request, which was published in the Federal Register on March 6, 2008.

Published July 8, 2009.

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Previous Announcements

For information on previous regulatory actions, please contact us or follow this link to extended listings from the US Federal Register and other sources.

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