EPA’s long awaited Fall 2022 regulatory agenda

Posted January 6, 2023

The long awaited “2022 Fall Unified Agenda of Regulatory and Dergulatory Actions” has finally been published by the Office of Information and Regulatory Affairs. On the EPA’ s rule list are major regulations impacting the National Ambient Air Quality Standards, waters of the U.S. and modifications to the Risk Management Program under the Clean Air Act. There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages. Below are a few highlights of significant rules at each stage of the rule-making process.

Final Rules

• Asbestos Reporting and Recordkeeping Requirements Under the Toxic Substances Control Act (TSCA). Final rule expected in May 2023.
• Clean Water Act Section 401: Water Quality Certification. Final rule expected in June 2023.
• Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention. Final rule expected in August 2023.
• Designating PFOA and PFOS as CERCLA Hazardous Substances. Final rule expected August 2023.
• National Volatile Organic Compound Emission Standards for Aerosol Coatings Amendments. This has been delayed, the final rule was expected in December 2022.

Proposed Rules

• Greenhouse Gas Emissions Standards for Heavy-Duty Engines and Vehicles-Phase 3. Notice of proposed rulemaking expected in March 2023.
• National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations. Notice of proposed rulemaking expected in March 2023.
• Reconsideration of the National Ambient Air Quality Standards for Particulate Matter. Notice of proposed rulemaking expected in January 2023.
• Revisions to Minor New Source Review (NSR) Program Requirements for State Implementation Plans. Notice of proposed rulemaking expected in October 2023.
• Revisions to the Air Emission Reporting Requirements (AERR). Notice of proposed rulemaking expected in May 2023.

Pre-rules

• PFAS-Related Designations as CERCLA Hazardous Substances. Advanced notice of proposed rulemaking expected in February 2023.

Long-term Actions

• Clean Water Act Hazardous Substance Facility Response Plans. Final rule expected in September 2024.

Dates to be determined for:

• National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements Rule Update.
• Reconsideration of the Definition of Lead-Based Paint.

Key to remember: The Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions has been published. The agenda provides important public notice and transparency about proposed regulatory and deregulatory actions within the Executive Branch.

This article was written by Mishka Binns of J. J. Keller & Associates, Inc.