Greenberg Traurig LLP

09/26/2025 | News release | Distributed by Public on 09/26/2025 12:01

Recent Federal Developments May Undercut the Clean Air Act

In the first week of September, there were two important developments related to regulatory programs under the federal Clean Air Act (CAA)-the U.S. Environmental Protection Agency (EPA or the Agency) Semiannual Regulatory Agenda and a decision by the D.C. Circuit on the startup, shutdown, and malfunction affirmative defense under the Title V program of the CAA for major sources of air pollutants.

EPA's Deregulatory Policy Continues under the CAA

On Sept. 4, 2025, EPA released its Semiannual Regulatory Agenda, signaling that the Agency is expected to continue to focus its deregulatory efforts on rules and regulations under the CAA in furtherance of this administration's policy to increase domestic energy production and supply by easing rules on producers. Of the 107 rulemakings listed in the Regulatory Agenda, the EPA identified 58 related to air quality that it intends to address in the coming year. The following list of proposed CAA regulatory actions includes many that impact the oil and gas industry.

Anticipated Action

Proposed Schedule

Reconsideration of Mandatory Reporting of Greenhouse Gases (GHG) under 74 Fed. Reg. 56260 and subsequent amendments that require certain large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites to report GHG data and other relevant information

Proposed rule expected November 2025

Revisiting the 2024 Reconsideration of the National Ambient Air Quality Standards (NAAQS) for Particulate Matter under 40 C.F.R. Parts 50, 53, 58

Proposed rule expected February 2026

Establishment of the initial air quality designations for all areas under the 2024 Revised Primary Annual Fine Particle (PM2.5) NAAQS under 40 C.F.R. Part 81

Final rule expected February 7, 2026

Clarification of State Implementation Plan (SIP) requirements for emissions reporting and recordkeeping under 40 C.F.R. § 51.211, including what constitutes sufficient reporting for emission limits, standards, or other requirements in SIPs required under CAA Section 110

Proposed rule expected January 2026

Revising GHG Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems in CAA Section 136, 40 C.F.R. Part 98, Subpart W

Proposed rule expected December 2025

Revisiting Interstate Transport Plan for the 2015 8-hour Ozone NAAQS under 40 C.F.R. Parts 52, 75, 78, and 97 in two phases: (1) disapproved 2015 Ozone transport SIPs, and (2) federal implementation plans addressing states' interstate transport obligations under the 2015 Ozone NAAQS

Final rule for phase one expected by December 2025; and proposed rule for the second phase expected October 2025; final rule expected July 2026

Reconsideration of SIP submittal deadlines under 40 C.F.R. Part 50 and implementation and control requirements for areas reclassified to a higher ozone nonattainment status

Proposed rule expected January 2026

New Exceptional Events Rule under 40 C.F.R. Part 50 and 51 to incorporate regulatory and implementation flexibilities as well as prioritize the allowance of prescribed fires

Proposed rule expected December 2025

Extension of compliance deadlines for new source performance standards (NSPS) regulating GHG and volatile organic compounds (VOCs) emissions from the oil and natural gas industry under 40 C.F.R. §§ 60.5360b-60.5432b; 60.5360c - 60.5439c

Interim Final Rule issued July 31, 2025; Public comment period extended until October 2, 2025

Reconsideration of performance standards for GHG and volatile organic compounds emissions from Existing Sources in the Crude Oil and Natural Gas source category under 40 C.F.R. Part 60 subparts OOOOb and OOOOc

Proposed rule was expected July 2025

Reconsideration of NSPS under 40 C.F.R. Part 60 subpart OOOOc requirements on: (1) vent gas net heating value monitoring and alternate sampling demonstration requirements for flares and enclosed combustion devices, and (2) temporary flaring provisions for associated gas in certain situations

Final rule expected September 2025

Repeal of all GHG Emissions Standards for fossil fuel fired Electric Generating Units under 40 C.F.R. Part 60, subpart TTTT.

Final rule expected December 2025

Amendments to the CAA's New Source Review (NSR) preconstruction permitting program's definition of "begin actual construction" under 40 C.F.R. Parts 51 and 52.

Proposed rule expected January 2026

The Regulatory Agenda highlights the Agency's continued focus on easing the regulatory burden on industries subject to the CAA and signals the Trump administration's policy that changes to air quality rules, regulations, and guidance are necessary to carry out its energy and economic development priorities. The ozone-related, SIP, and NSR rules are notable, particularly for domestic data center development, and other industrial and energy projects in the western United States. Some of these rulemakings may draw significant public participation, and therefore, affected industries might consider participating in the rulemaking process to improve the durability of final rules.

Greenberg Traurig LLP published this content on September 26, 2025, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on September 26, 2025 at 18:01 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]