OMB Approves EPA Chemical Manufacturing NESHAP Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”. The final rule was sent to OIRA on February 23^rd, 2026. The notice of proposed rulemaking was published on January 22^nd, 2025. There was a judicial deadline for the publication of this final rule of January 15^th, 2026.

According to the Spring 2025 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.”

This appears to be outside of the normal scope of this blog, but I would expect to announce the publication of the final rule in the appropriate Short Takes post. I would expect publication within the next week of two.

OMB Approves EPA EtO NESHAP 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: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review, Reconsideration”. The NPRM was sent to OIRA on March 4^th, 2026.

Eight days is a pretty quick turnaround at OIRA for an NPRM, but this is probably a significant deregulation rulemaking so it would be a priority for the Administration.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“On April 5, 2024, the EPA published the risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Commercial Ethylene Oxide (EtO) Sterilization Facilities (See 89 FR 73293). EPA announced on March 12, 2025 that this rule will be a prioritized rule for reconsideration. The EPA will be reconsidering this action in order to address several issues that are administration priorities and consistent with the direction of the Agency”

I would expect to see this NPRM published in the Federal Register in the next week or two. As with the publication of the Biden Administration regulation, I do not expect to cover this rulemaking in any detail. I will, at least, be acknowledging publication in the appropriate Short Takes post.

EPA Sends Chem Mfg Technology Review Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIIRA) announced that it had received an final rule from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”. This mandatory NESHAP review is subject to a consent decree requiring the publication of the final rule by January 15^th, 2026. The notice of proposed rulemaking for this action was published on January 22^nd, 2025.

According to the Spring 2025 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.”

This rulemaking is beyond the normal scope of coverage in this blog, so I probably will not provide any detailed coverage of the final rule. I do expect to at least acknowledge its publication in the appropriate Short Takes post.

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.

EPA Sends CMAS NESHAP NPRM to OMB

Yesterday OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “National Emission Standards for Hazardous Air Pollutants: Chemical Manufacturing Area Source Technology Review”.

According to the Spring 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.”

This rulemaking first appeared in the Fall 2019 Unified Agenda. The Spring 2024 Unified Agenda entry is the first that includes a judicial deadline (consent decree) for the NPRM to be signed by the EPA by November 13^th, 2024 (oops they missed that one). The draft consent decree also includes a deadline for the signing of the final rule by EPA no later than September 17^th, 2025.

OMB Approves EPA’s Final Rule for SOCMI NESHAP Update

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the Environmental Protection Agency for “NSPS for the Synthetic Organic Chemical Manufacturing Industry and NESHAP for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry”. The final rule was sent to OMB on January 22^nd, 2024 and has a court ordered publication date of today (the EPA will miss this deadline). The notice of proposed rulemaking was published on April 25^th, 2023.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“This action will address the agency's technology review under Clean Air Act (CAA) section 112(d)(6) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for four subparts in 40 CFR part 63 (subparts F, G, H, and I) which are commonly referred to together as the Hazardous Organic NESHAP (HON) and that apply to the Synthetic Organic Chemical Manufacturing Industry (SOCMI) and to equipment leaks from certain non-SOCMI processes. This action will also address the agency's technology review of the NESHAP for two subparts in 40 CFR part 63 (subparts U and W) that apply to the Group I and Group II Polymers and Resins industries. The HON standards were most recently updated when the agency conducted a residual risk and technology review (RTR) on December 21, 2006. Similarly, the Group I and II Polymers and Resins NESHAP were most recently updated when the agency conducted its RTR on December 16, 2008, and April 21, 2011. The HON and Group I and II Polymers and Resins NESHAP contain maximum achievable control technology (MACT) standards for controlling emissions of hazardous air pollutants (HAP) from process vents, storage vessels, transfer operations, heat exchange systems, wastewater streams, and equipment leaks. The HAP emitted from these emission sources include, but are not limited to, ethylene oxide, benzene, 1,3-butadiene, vinyl chloride, ethylene dichloride, methanol, hexane, toluene, xylenes, and chloroprene. The agency also plans to consider risks from the SOCMI source category and from the Neoprene Production source category in the Group I Polymers and Resins NESHAP during its technology review and to ensure the standards continue to provide an ample margin of safety to protect public health. Lastly, this action will also address the agency's review, under CAA section 111(b)(1)(B), of four New Source Performance Standards (NSPS) in 40 CFR part 60 (subparts III, NNN, RRR, and VVa) for emissions of Volatile Organic Compound (VOC) from SOCMI air oxidation unit processes, SOCMI distillation operations, SOCMI reactor processes, and equipment leaks located at SOCMI sources. These subparts were originally promulgated pursuant to section 111(b) of the CAA on June 29,1990 (subparts III and NNN), August 31, 1993 (subpart RRR), and November 16, 2007 (subpart VVa). On April 25, 2023, the EPA published a proposed rulemaking in the Federal Register (see 88 FR 25080) for this action. In addition, the EPA has conducted public outreach activities, including hosting an informational webinar on April 13, 2023, and holding a public hearing on the proposed rulemaking on May 16, 2023.”

This is potentially an important EPA regulatory update for the specialty chemical industry. I do not plan a detailed examination of the rule in this blog, but I do plan to publicize its publication in a Short Takes post.