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On March 12, Administrator Lee Zeldin provided details of the United States Environmental Protection Agency’s (EPA) proposed 31 deregulatory actions that will have significant impacts on the regulated community. Administrator Zeldin framed the initiative as the “most consequential day of deregulation in U.S. history” and includes the following actions:

• Reconsideration of multiple National Emission Standards for Hazardous Air Pollutants for American energy and manufacturing sectors (NESHAPs) (Details below).
• Reconsideration of Particulate Matter National Ambient Air Quality Standards that shut down opportunities for American manufacturing and small businesses (PM 2.5 NAAQS). 
• Reconsideration of regulations on power plants (Clean Power Plan 2.0). 
• Reconsideration of regulations throttling the oil and gas industry (OOOO b/c). 
• Reconsideration of Mercury and Air Toxics Standards that improperly targeted coal-fired power plants (MATS). 
• Reconsideration of mandatory Greenhouse Gas Reporting Program that imposed significant costs on the American energy supply (GHG Reporting Program). 
• Reconsideration of limitations, guidelines and standards (ELG) for the Steam Electric Power Generating Industry to ensure low-cost electricity while protecting water resources (Steam Electric ELG). 
• Reconsideration of wastewater regulations for coal power plants to help unleash American energy (Oil and Gas ELG). 
• Reconsideration of Biden-Harris Administration Risk Management Program rule that made America’s oil and natural gas refineries and chemical facilities less safe (Risk Management Program Rule). 
• Reconsideration of light-duty, medium-duty, and heavy-duty vehicle regulations that provided the foundation for the Biden-Harris electric vehicle mandate (Car GHG Rules). 
• Reconsideration of the 2009 Endangerment Finding and regulations and actions that rely on that Finding (Endangerment Finding). 
• Reconsideration of technology transition rule that forces companies to use certain technologies that increased costs on food at grocery stores and semiconductor manufacturing (Technology Transition Rule). 
• Restructuring the Regional Haze Program that threatened the supply of affordable energy for American families (Regional Haze). 
• Overhauling Biden-Harris Administration’s “Social Cost of Carbon.” 
• Redirecting enforcement resources to EPA’s core mission to relieve the economy of unnecessary bureaucratic burdens that drive up costs for American consumers (Enforcement Discretion). 
• Terminating the Environmental Justice and DEI arms of the agency (EJ/DEI). 
• Ending so-called “Good Neighbor Plan” which the Biden-Harris Administration used to expand federal rules to more states and sectors beyond the program’s traditional focus and led to the rejection of nearly all State Implementation Plans. 
• Working with states and tribes to resolve massive backlog with State Implementation Plans and Tribal Implementation Plans that the Biden-Harris Administration refused to resolve (SIPs/TIPs). 
• Reconsideration of exceptional events rulemaking to work with states to prioritize the allowance of prescribed fires within State and Tribal Implementation Plans (Exceptional Events). 
• Reconstituting Science Advisory Board and Clean Air Scientific Advisory Committee (SAB/CASAC). 
• Prioritizing coal ash program to expedite state permit reviews and update coal ash regulations (CCR Rule). 
• Utilizing enforcement discretion to further North Carolina’s recovery from Hurricane Helene. 

EPA also detailed the eight National Emission Standards for Hazardous Air Pollutants (NESHAPs) that are targeted for reconsideration, including the estimate cost of these standards. The affected NESHAPs are:

• “New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air
• Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins” (89 FR 42932; May 16, 2024) (HON rule). Estimated costs of approximately $1.8 billion over the next 15 years (including $455.5 million in capital investment), or $150 million annually.
•  “National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review” (89 FR 24090; April 5, 2024) (Sterilizer Rule), Estimated costs of approximately $932 million over the next 20 years (including $313 million in capital investment) or $63 million annually.
• “National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing” (89 FR 94886; November 29, 2024) (Rubber Tire Rule). Estimated costs of $119 million over the next 12 years, or at least $11 million annually.
•  “National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review” (89 FR 41648; May 13, 2024) (Copper Rule). Estimated costs of $146 million over the next 8 years (including $85.1 million in capital investment) or $21 million annually.
• “National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review” (89 FR 23294; April 3, 2024) (Iron and Steel Rule). Estimated costs of $45 million over the next decade (including $7.1 million in capital investment) or $5.3 million annually.
• “National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review” (89 FR 57738; July 16, 2024) (Lime Rule). Estimated costs of $2.4 billion over the next 20 years ($485 million in capital investment) or $145 million annually.
• “National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review” (89 FR 55684; July 5, 2024) (Coke Ovens Rule). Estimated costs of about $39 million over the next 8 years, or about $4 million annually.
• “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing” (89 FR 16408; March 6, 2024) (Taconite Rule). Estimated costs of approximately $540 million over the next decade (including $106 million in capital investment) or $63 million annually.

EPA is considering a 2-year compliance exemption under Section 112(i)(4) of the Clean Air Act for the facilities that are affected by these NESHAPs during the reconsideration process. EPA is considering other NESHAPs and New Source Performance Standards for potential reconsideration.

Lastly, EPA also committed to yet again revise the Waters of the United States (WOTUS) rulemaking to more closely adhere to Clean Water Act jurisdiction, continuing the WOTUS rulemaking saga. 

The promised staff cuts at EPA could make it challenging to implement such an aggressive agenda since most of these changes would require notice and comment rulemaking and thoughtful, well developed administrative records to support any changes. Environmental NGOs and advocacy groups immediately aligned against these regulatory reforms and promised legal challenges. 

We will be closely monitoring these developments. Please contact your Michael Best attorney to discuss how these sweeping developments may impact your facilities.