EPA unveils its latest regulatory agenda

EPA’s Spring 2023 agenda was released on June 14, providing a glimpse at the agency’s regulatory and deregulatory to-do list for the coming months and years. Most notably on the EPA’s list are several rules related to:

• Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS),
• Toxic Substances Control Act (TSCA),
• National Ambient Air Quality Standards (NAAQS), and
• National Emissions Standards for Hazardous Air Pollutants (NESHAP).

In fact, a significant final rule already under review at Office of Management and Budget (OMB) — TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for PFAS — is likely to be finalized in fall 2023.

While you will want to review the entire agenda to learn about all the rulemakings on EPA’s plate, this article highlights just some of the major rules we are watching closely. Also, please note that the agenda dates reflect tentative, not actual publication dates, by which the agency hopes to publish the rulemakings in the Federal Register.

Final rules

The following are some of the final rules expected by the end of 2023 or early 2024:

• June 2023 - Volume Requirements for 2023 and Beyond Under the Renewable Fuel Standard Program
• December 2023 - Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention
• January 2024 - PFAS National Primary Drinking Water Regulation Rulemaking
• February 2024 - Designating PFOA and PFOS as CERCLA Hazardous Substances

Proposed rules

Most rules in the latest agenda are in the proposed stage, and many are slated for the spring of 2024. These include, but are not limited to, the following:

• August 2023 - Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents
• December 2023 - Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3
• March 2024 - Review of the Secondary NAAQS for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter
• March 2024 - Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles
• June 2024 - Clean Water Act Section 404 Tribal and State Program Regulation
• February 2025 - Updates to New Chemicals Regulations Under the TSCA
• Date to be determined - Reconsideration of the NAAQS for Ozone

Pre-rules

Some actions are anticipated at the pre-rule stage as the agency determines whether or how to initiate rulemaking. These include, but are not limited to:

• June 2023 - Potential Future Regulation for Addressing Small Farms Reporting of Animal Waste Under the Emergence Planning and Community Right-To-Know Act (EPCRA)
• December 2023 – Petition to Delist Stationary Combustion Turbines from the List of Categories of Major Sources of Hazardous Air Pollutants
• December 2023 – Section 610 Review of the Tier 3 Motor Vehicle Emission and Fuel Standards