EPA issued a memorandum ending its longstanding “Reactivation Policy” for idle sources on a nationwide basis. Previously, under that policy, if a major industrial facility had been idle for two or more years, EPA presumed it was “permanently shut down,” requiring the source to obtain a new NSR permit as if it were a brand-new source before restarting operations. The September 2025 update eliminates that automatic presumption – EPA announced it will no longer apply any form of the Reactivation Policy in NSR permitting decisions or enforcement. Going forward, an idled facility can restart without an NSR permit unless the … Continue reading NSR Reactivation Policy Rescinded / September 18, 2025

EPA reissued a policy (originally from 2017) that it will not “second-guess” industry’s own emissions projections when determining if a facility modification triggers NSR, so long as the projection is made in accordance with regulations. This memo restores the 2017 guidance (which had been revoked in 2022) on the Actual-to-Projected-Actual Applicability Test. Under the reinstated policy, a facility may account for planned operational practices or controls to keep emissions increases below NSR thresholds, and the projected emissions values themselves are not treated as enforceable limits up front. In other words, EPA will not require an NSR permit or penalize a … Continue reading Reinstatement of “No Second Guessing” Emissions Policy / September 15, 2025

Clarification of “Begin Actual Construction”: EPA issued new guidance clarifying what activities can commence before an NSR permit is obtained. Specifically, the guidance allows certain construction work that does not involve installing emission-producing equipment (for example, laying building foundations or cement pads) to begin prior to permit issuance. In practical terms, companies only need to secure an NSR air permit when they are ready to “break ground” on actual emissions units or other activities that will generate air pollution. This policy is intended to eliminate unnecessary delays for projects by permitting early work on non-emitting structures, and EPA plans to … Continue reading NSR Construction Start Clarification / September 9, 2025

2025 Update As part of the prior administration’s approach to implementing the 2015 Ozone NAAQS, EPA denied multiple State Implementation Plans (SIPs) and issued a multistate Federal Implementation Plan (FIP) that set stringent NOx emission standards for non-EGUs including industrial boilers at many manufacturing facilities (such as iron and steel mills, chemical plants, and pulp, paper and paperboard mills). Although the Supreme Court stayed the standards (and therefore delayed the need to install expensive controls on many sources by May 1, 2026), further developments in this area could provide more durable relief. EPA has committed to reconsidering the GNR and … Continue reading Good Neighbor Plan for 2015 Ozone NAAQS

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. EPA expects that if fully implemented, the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. Read more at https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

Plan reflects President Biden’s commitment to reducing air pollution, delivering environmental and public health benefits for all WASHINGTON (March 15, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced the final Good Neighbor Plan, a rule that will significantly cut smog-forming nitrogen oxide pollution from power plants and other industrial facilities in 23 states. The final rule will improve air quality for millions of people living in downwind communities, saving thousands of lives, keeping people out of the hospital, preventing asthma attacks, and reducing sick days. The Clean Air Act directs EPA to issue a federal plan to address pollution … Continue reading EPA Announces Final “Good Neighbor” Plan to Cut Harmful Smog, Protecting Health of Millions from Power Plant, Industrial Air Pollution

The basic premise for EJ is that no community should be subject to greater environmental burdens regardless of race, religion, etc. etc. No new regulations have been passed on EJ. However, Title VI of the Civil Rights Act has been used to justify federal interventions on EJ. By executive order, EJ and Climate have to be considered in any federal agency action. EPA issued revised EPA Legal Tools to Advance Environmental Justice. EPA’s External Civil Rights Compliance Office issued guidance on permitting to point out that a permit may be denied even though all emissions requirements are met if the … Continue reading Cumulative Impact Analysis – (EJ), State Level Analysis (12/7 CIBO Committee Presentation)

For reciprocating engines there are MACT standards. There are also NSPS standards with new and existing units. The EPA recently sent out an enforcement alert indicating that there are a number of engines not reporting to EPA, primarily because they did not realize that their particular engine was covered by a regulation. Types of engine (IC or diesel), 2 stroke or 4 stroke, emergency or non-emergency, etc. all have different regulations. Emergency engines are not supposed to be operated in non-emergency situations. If the grid goes down, the emergency engine kicks in. As soon as the power is restored, any … Continue reading Stationary Engines: EPA Enforcement (12/7 CIBO Committee Presentation)

Regulatory agencies have pushed for more monitoring in general and fenceline monitoring in particular. A bill introduced in the House requires EPA to add fenceline monitoring at 100 industrial sites. EJ considerations also impact the drive for more monitoring. Reporting is mostly hard copy. However, public perception is looking at a dynamic website condition, with the idea that any delay in posting the data is indicative of industry attempting to hide something. Facilities do not operate in a vacuum. There are background levels of contaminant concentrations. Facilities also tend to congregate for supply line considerations. Wind and weather can impact … Continue reading Fenceline Monitoring: Real Time Data Processing & VOC Speciation (12/7 CIBO Committee Presentation)

There are a number of issues that are having an impact on requirements for industry in the ozone transport region. The PM2.5 NAAQS current primary and secondary standards were retained by the Trump EPA. The Biden administration has chosen to review the standard. The administration has also revived the CASAC for advice on these issues. They reported a need to reduce the standard, although there were two different positions. The current standard is 12 micrograms/m3. There was one recommendation for 10 – 11 and a second recommendation for 8 – 10. Labor has stated that the standard should be no … Continue reading EPA Air Regulations, MOG Update (12/7 CIBO Committee Presentation)