ct vulnerable communities. This rule impacts all sectors.High Level Take-AwaysEPA has released an uncompromising regulatory “wish list” of proposals meant to rachet down the use of fossil fuels, improve ambient air quality for criteria pollutants, identify air toxics for use in enforcement, and add public engagement opportunities all around. To-date, many states and affected sources have pushed back in public comments and in litigation for the FIP. EPA will consider whether to roll back the proposals or merely whittle away at the edges in the forthcoming final rules. Additional litigation is certain, regardless of EPA’s approach. These rulemakings are relevant to all industries, but particularly the power sector and any energy-intensive manufacturing category reliant on consistent and affordable power. If the proposed rules are finalized as-is, energy reliability and cost concerns are likely to arise.Reconsideration of the National Ambient Air Quality Standards for Particulate Matter, 88 Fed. Reg. 5558 (Jan. 27, 2023)The New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units, 88 Fed. Reg. 33240 (May 23, 2023)West Virginia v. EPA, 142 S.Ct. 2587, 2616 (2022)Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 36654 (June 5, 2023)Air Plan Disapprovals; Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 9336 (Feb. 13, 2023) Order issued Sept. 25, 2023, State of Utah v. EPA, No. 23-1157 (D.C. Cir.).Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards; Response to Additional Judicial Stays of SIP Disapproval Action for Certain States, 88 Fed. Reg. 67102 (Sept. 29, 2023)Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under

es in the Section 111(d) implementation process. EPA expects to finalize the rule in spring 2023.Potential impacts: The implementation rule will impact all future Section 111(d) rules for all sectors. Presently, EPA is using Section 111(d) to carry out its greenhouse gas agenda. EPA has proposed Section 111(d) greenhouse gas rules for the oil and gas sector. Power sector greenhouse gas rules are next on EPA’s agenda. Other Section 111(d) rules may affect other sectors in the future. If the implementation rule is finalized as proposed, the Section 111(d) cooperative federalism process is in jeopardy. In addition, sources with unique circumstances will be less likely to have the opportunity to use “remaining useful life” and “other factors” to demonstrate that a less stringent emissions guideline should be applied on a source-specific basis.Fall 2022 Unified Agenda of Regulatory and Deregulatory ActionsReconsideration of the National Ambient Air Quality Standards for Particulate Matter, 88 Fed. Reg. 5558 (Jan. 27, 2023) (PM NAAQS Reconsideration)Maps regarding the PM NAAQS ReconsiderationLists of ambient monitoring levels regarding the PM NAAQS ReconsiderationProposed Rule, Federal Implementation Plan Addressing Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard, 87 Fed. Reg. 20036 (Apr. 6, 2022)Final Rule, Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards, RIN 2060-AV51 (Pre-Publication version released on Mar. 15, 2023)Amendments to the NSPS for GHG Emissions From New, Modified & Reconstructed Stationary Sources: EGUs in the Fall Unified Agenda, RIN 2060-AV09Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-Fired Existing Electric Generating Units in the Fall Unified Agenda, RIN 2060-AV10Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d), 87 Fed. Reg. 79176 (Dec. 23, 2022)Standards of Performance for New, Reconstructed, and Modified Sources an

r components and groundwater monitoring program. According to EPA, it is proposing to deny these applications because the owners and operators of the CCR units failed to demonstrate that the surface impoundments comply with requirements of the CCR regulations. If EPA issues final denials, the facilities will either have to stop sending waste to these unlined impoundments or submit applications to EPA for extensions to the deadline for unlined coal ash surface impoundments to stop receiving waste. EPA is collecting public comments on these proposals for 30 days through dockets in Regulations.gov. For more information on how to submit comments, visit the Part B implementation web page. The comment period end date is March 10, 2023.EPA Proposes To Strengthen PM2.5 NAAQS: On January 27, 2023, based on its reconsideration of the air quality criteria and the national ambient air quality standards (NAAQS) for PM, EPA proposed to revise the primary annual PM2.5 standard by lowering the level. 88 Fed. Reg. 5558. EPA proposed to retain the current primary 24-hour PM2.5 standard and the primary 24-hour PM10 standard. EPA also proposed not to change the secondary 24-hour PM2.5 standard, secondary annual PM2.5 standard, and secondary 24-hour PM10 standard at this time. EPA also proposed revisions to other key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. Comments are due March 28, 2023.EPA announced on January 31, 2023, that it will hold a virtual public hearing on February 21, 2023, and February 22, 2023. 88 Fed. Reg. 6215. EPA states that if it receives a high volume of registrations for the public hearing, it may continue the public hearing on February 23, 2023. According to EPA, the public hearing will provide interested parties the opportunity to present data, views, or arguments concerning EPA’s proposed decisions in the reconsideration of the PM NAAQS.Congressional Democrats Urge EPA To Strengthen Proposed