Representatives from U.S. EPA, several trade organizations, and industry met last week on various items. As a result, we can expect to see a number of big policy adjustments and rule revisions throughout the remainder of this administration's first term, and on an aggressive timeline. Following is a summary of key activities and when they could be made public.

  • Items related to New Source Review (NSR)/Prevention of Significant Deterioration (PSD)
    • Source aggregation guidance - June 2019
    • Emissions accounting (i.e., Step 1 netting) proposed rule - June 2019
    • Ambient air definition guidance - Summer 2019
    • Begin actual construction definition guidance - Summer 2019
    • Routine maintenance, repair, and replacement (RMRR) guidance - Summer 2019
    • Plant wide applicability limits (PALs) guidance - October 2019
    • Demand growth/could have accommodated guidance - November 2019
  • Affordable Clean Energy (ACE) regulatory promulgation (with the new source review portion removed) - June 2019
  • Startup, shutdown, malfunction (SSM) reforms, including broadly applicable affirmative defense for malfunctions - Format and timing is unknown
  • Once-in-always-in (OIAI) rule proposal - Timing is imminent
  • PM2.5 NAAQS revision proposal - March 2020
  • Ozone NAAQS revisions proposal - March 2020
  • Boiler MACT proposal - Fall 2019
  • Waters of the U.S. (WOTUS) rule - Year end 2019
  • CERCLA listing of per- and polyfluoroalkyl substances (PFAS) and perfluorooctanoic acid (PFOA) - Year end 2019

Please stay tuned, and we will provide updates as these topics progress. If you haven't already, subscribe to ensure you receive our monthly updates with timely, relevant information.