OMB Approves EPA Chemical Manufacturing NESHAP Review NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”. The NPRM was submitted to OIRA on December 5^th, 2024.

According to the Fall 2024 Unified Agenda entry for this rulemaking:

“This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (CMAS). The CMAS NESHAP, subpart VVVVVV, was promulgated on October 29, 2009, pursuant to section 112(d) of the Clean Air Act (CAA) and established emission limitations and work practice requirements for controlling emissions of hazardous air pollutants (HAP). The NESHAP controls HAP emissions from process vents, storage tanks, equipment leaks, wastewater streams, transfer operations and heat exchange systems. This action addresses the technology review requirements of CAA section 112(d)(6) which require the EPA to review and revise the standards as necessary (taking into account developments in practices, processes and control technologies) no less often than every 8 years.”

I noted in my earlier post on this rulemaking that there was a consent decree deadline for EPA signing an NPRM of November 13th, 2024. That information was from the Spring 2024 Unified Agenda entry for the rulemaking. Apparently, that date was based upon the proposed consent decree. The new date listed in latest unified agenda (link above) would presumably be from the final consent decree.

The EPA now has until January 15^th, 2026, to sign a final rule. Obviously, this deadline will fall to the Trump Administration which would be expected to be disinclined to add regulatory requirements on industry. But the consent decree just requires the review to take place and the final rule to be signed by that date, so the EPA has significant leeway in what actions that final rule would include.

I do not expect to cover this rulemaking in any detail here. I will announce the NPRM’s publication in the appropriate ‘Short Takes’ post.