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PFAS drinking water standards targeted
Two rules have recently been proposed to weaken environmental regulations regarding toxic “forever chemicals” in public drinking water. First, EPA plans to allow exemptions from the Safe Drinking Water Act compliance deadlines for the two most well-studied per- and polyfluoroalkyl substances (PFAS), commonly abbreviated as PFOA and PFOS. Second, the agency proposes to completely rescind the drinking water standards for four other PFAS chemicals based on procedural grounds. READ MORE
Methane miasma in NSPS stumble
EPA’s rollback of oil and natural gas flaring and monitoring requirements took effect on June 8, 2026. The agency’s new rule follows a petition for reconsideration and negative comments stemming from an overhaul of energy industry rules that resulted in two new CAA standards in 2024. The rule is expected to impact hundreds of thousands of sources nationwide, and while estimated increases in methane emissions remain unknown, additional rules to weaken methane and other greenhouse gas standards are on EPA’s agenda. READ MORE
NESHAP proposal disregards legal requirement
EPA is proposing minor amendments to two oil and gas NESHAPs as part of its periodic technology review. The agency largely declines to make substantial changes and avoids tightening existing emission limits, but uses spurious reasoning to make that conclusion. At heart is the continued misapprehension of Louisiana Environmental Action Network vs. EPA, as seen previously when EPA proposed not regulating uncontrolled HAPs under another NESHAP in 2025. READ MORE
EPA finalizes CMAS changes, balks on EtO
A key standard for regulating air emissions from smaller chemical manufacturers is the chemical manufacturing area sources (CMAS) NESHAP. This standard contains rules for hundreds of facilities across the country that produce products ranging from pesticides and pigments to plastics and pharmaceuticals. On April 1, 2026, EPA finalized changes to the (CMAS) standards, strengthening provisions to cut emissions of hazardous air pollutants and volatile organic compounds, but passed on setting ethylene oxide (EtO) emission limits. READ MORE
Alaska to obtain RCRA authorization
EPA is proposing to authorize the State of Alaska to administer its own RCRA hazardous waste management program. With only a few differences from the federal program, Alaska’s program would most significantly contain more stringent cleanup standards for facilities subject to corrective action and add electronic wastes to the state universal waste program. If final authorization is granted, the state program would operate in lieu of the federal program, and the 49th state in the union would become the 49th state with RCRA authorization. READ MORE
EPA regions step up e-manifest usage
In light of the paper manifest sunset rule proposal (discussed in a previous article), EPA has released guidance on how EPA regions should proceed with the transition to the e-manifest system. [RO 14975] In essence, regions should integrate electronic manifest-specific language into all relevant contracts, enforcement models, and interagency agreements. Regional personnel should also coordinate with federal facilities and partner agencies on the use and signing of e-manifests.
Politics over people in GHG deregulation
EPA finalized the rescission of its 2009 greenhouse gas (GHG) endangerment finding on February 18, 2026. This final rule also removes GHG emission standards for motor vehicles and engines. Believing that regulating GHG emissions is futile for combating climate change, the agency makes tenuous legal arguments and cites reports that violate federal law. Expect lawsuits. READ MORE
Coal pollution up with MATS reversal
First proposed in 2025, EPA has repealed its May 2024 revisions to the mercury and air toxics standards (MATS) for coal- and oil-fired electric utility steam generating units. The rescission creates less stringent emission standards for mercury and filterable particulate matter and increases the health costs borne by the American populace. These changes are the next in a long line of recent deregulatory efforts spearheaded by EPA. READ MORE
EPA to deny regulating radioactive phosphogypsum
Radioactive phosphogypsum is considered a “large volume, low hazard” waste stream and is not a RCRA hazardous waste. In 2021, the Center for Biological Diversity sought to change that determination, hoping to pull this mineral processing by-product under the RCRA Subtitle C umbrella, but EPA recently proposed to deny their petition. If finalized, EPA’s determination would allow billions of tons of phosphogypsum to remain in large above-ground piles while only the pile’s outer crusted layer blocks radon gas emissions. READ MORE
Coal ash in playgrounds? Maybe
EPA recently proposed significant amendments to weaken coal combustion residual (CCR) regulations for power plants. [91 FR 18968] The proposed rule would allow certain legacy CCR surface impoundments to avoid permitting, rescind all CCR management unit requirements, expand exemptions to allow beneficial use of coal ash, eliminate closure standards, and create a host of other provisions not protective of human health and the environment. The proposal stems from an industry white paper calling for what amounts to the dismantling of the Part 257, Subpart D regulations and their environmental protections. Comments on the proposal may be submitted through June 12, 2026 via Docket ID No. EPA-HQ-OLEM-2020-0107.
NSPS and EG updates for waste combustors
New rules for new and existing large municipal waste combustors took effect on May 11, 2026. EPA’s revisions to the new source performance standards (NSPS) and emission guidelines (EG) for these units result in tighter emission limits, the elimination of the startup, shutdown, and malfunction exemption, and the removal of Title V permitting for certain air curtain incinerators. The rule is a result of a voluntary remand and is the first change to these rules in 20 years. READ MORE
Big changes to PEPO NESHAP
Polyether polyols (PEPO) are used in the production of lubricants, adhesives, sealants, cosmetics, pharmaceuticals, soaps, and more. The production of these chemicals releases numerous hazardous air pollutants and is regulated under the CAA’s NESHAP program. Recently, EPA finalized significant changes to the PEPO NESHAP, strengthening MACT standards and broadening the applicability of this source category. READ MORE
Sunsetting paper manifests
EPA is proposing to phase out paper uniform hazardous waste manifests. Under this “sunset” rule, the agency would require every hazardous waste handler using a manifest to use the e-manifest system, but would allow the continuation of hybrid manifests—manifests initiated electronically that are printed and signed as hard copies by the generator. Paper manifests printed through the e-manifest system would need to be retained for three years after the shipment date. READ MORE
EtO and RTR confluence
In EPA’s recent proposal to rescind parts of the ethylene oxide (EtO) NESHAP, it claims it violated the CAA’s limits on risk and technology reviews (RTRs). At the heart of the matter is whether multiple risk reviews may be conducted, or whether the agency is limited to a single review of the risk posed by a regulated air pollutant. If the proposal is finalized, the rule would severely constrain EPA’s ability to protect human health and the environment and consider new science on the health risks posed by pollutants. READ MORE
EPA seeks new ACI NSPS
New provisions under the new source performance standards (NSPS) program have been proposed for wood-burning air curtain incinerators (ACIs). EPA seeks to consolidate many of the requirements for such units, currently scattered across multiple Part 60 subparts, into a new Part 60, Subpart Ca. The new standard would also eliminate Title V permitting requirements and establish a permanent exemption for ACIs that burn debris generated during disasters and emergencies. READ MORE
Retiring former wastes as fuels
In the 1990s, an estimated 1 billion abandoned scrap tires were dumped in piles across the United States, but by 2023, that number had been reduced to about 48 million. To make that number zero, EPA is proposing to categorically add abandoned tires as a non-waste fuel under 40 CFR Part 241. Such a change would make it easier to manage such tires as fuels, eliminate processing needs, and potentially ease CAA requirements for burners such as cement kilns. READ MORE
2025 GHG reports due October 2026
In September 2025, EPA proposed eliminating greenhouse gas (GHG) reporting requirements, as discussed in a previous article. On February 27, 2026, the agency finalized part of that proposal, extending the reporting deadline for calendar year 2025 to October 30, 2026. [91 FR 9712, §98.3(b)(6)] Approximately 8,200 facilities are impacted by this change and will need to report GHG data using the electronic greenhouse gas reporting tool. EPA will issue a future rule addressing other elements of the proposal to eliminate GHG reporting.
Marine terminal transfer ops facing monitoring, testing
On March 4, 2026, EPA proposed amendments to the marine tank vessel loading operations NESHAP. [91 FR 10559] The revisions to Part 63, Subpart Y would align flare monitoring requirements with those seen in the petroleum refinery NESHAP, require periodic performance testing for non-flare control devices, and implement various minor technical improvements. The agency anticipates that the changes would reduce volatile organic compound and hazardous air pollutant emissions by 3,500 and 280 tons per year, respectively, at a cost to industry of approximately $19 million over 15 years. Comments may be submitted through April 20, 2026 via Docket ID No. EPA-HQ-OAR-2025-0207.
