Publication
U.S. Environmental Protection Agency Announces 31 Actions
On March 12, 2025, the U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that the agency is undertaking 31 significant actions in furtherance of the President’s Inaugural Day Executive Orders. These actions are categorized as being focused on three areas: increasing domestic energy production, reducing the cost of living, and enhancing cooperative federalism.
Among these 31 actions are numerous undertakings that will be of specific interest to most states that have at least one nonattainment area designation of a National Ambient Air Quality Standard (NAAQS) for at least one criteria air pollutant. A sampling of these actions include:
- Reconsideration of the 2024 NAAQS for fine particulate matter (PM2.5).
- EPA will soon be providing guidance focused on increasing implementation flexibility, streamlining permitting processes, and reforming New Source Review.
“The U.S. has some of the lowest fine particulate matter levels in the world. Between 2000 and 2023, average PM2.5 concentrations in the U.S. fell by 37 percent and average PM10 concentrations similarly fell by 36 percent.”1
- Restructuring the Regional Haze Program.
- EPA is reviewing and restructuring the Regional Haze Program regulations accordingly to account for consideration of current scientific data and recent air quality improvements; and to confirm compliance with Congressional intent.
“The United States has made significant gains in improving visibility in national parks and other wildlife areas. The Regional Haze Program was never intended to be the justification for shutting down every power plant and industrial sector in the country.”2
- Tackling the “Good Neighbor Plan.”
- EPA is prioritizing cooperative federalism and working with the 23 impacted states towards implementing approvable state implementation plans (SIPs) for addressing interstate transport of pollutant emissions.
“States are our best partner to advance EPA’s core mission of protecting human health and the environment. The Trump Administration is a responsive and willing partner in this effort to tackle the so-called ‘Good Neighbor Plan’ to advance cooperative federalism and improve air quality across the country.”3
- Reconsideration of National Emission Standards for Hazardous Air Pollutants (NESHAPs)
- EPA is evaluating and will be taking action on numerous NESHAPs and New Source Performance Standards (NSPS) for various industrial sectors, including iron and steel manufacturing, copper smelting, and more, to ascertain the potential for adjustment while maintaining human health and environment protections.
“The Trump Administration is considering a 2-year compliance exemption via Section 112(i)(4) of the Clean Air Act for affected facilities while EPA goes through the rulemaking process.”4
- Cooperating with states and tribes in resolving the backlog of implementation plans (SIPs/TIPs).
- EPA will be working cooperatively with states and tribes towards resolving the backlog of outstanding SIPs/TIPs while addressing concerns regarding pollutant emissions originating outside the jurisdictional and regulatory authority of the air pollution control agency, and with the placement of air quality monitoring stations.
- Of the currently 685 unresolved SIPs, a total of 322 are overdue.
- EPA will be working cooperatively with states and tribes towards resolving the backlog of outstanding SIPs/TIPs while addressing concerns regarding pollutant emissions originating outside the jurisdictional and regulatory authority of the air pollution control agency, and with the placement of air quality monitoring stations.
“With more than 140 million Americans living in nonattainment areas around the country, cooperative federalism and clearing out the State Implementation Plan backlog will make significant strides to improving the air we breathe.”5
- Reevaluation of the Exceptional Events Rule (EER).
- EPA will work with states to allow for prescribed fires to qualify as an Exceptional Event under the EER.
“Prescribed fires are necessary to protect communities from catastrophic wildfires like the ones that caused untold damage to residents and businesses in Los Angeles. When EPA reviews SIPs and TIPs, EPA will work to ensure states and other entities that work within those states can use prescribed fires to properly manage their forests, without being unfairly penalized when it comes to assessing their air quality.”6
In addition to those already listed, the electric utilities industry will want to closely monitor the many actions that the EPA is undertaking which will specifically impact the energy sector. A sampling of those actions include:
- Reconsideration of the Clean Power Plan 2.0.
- EPA is reviewing and taking action on the 2024 Final Rule regulating NSPS for Greenhouse Gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs) to assess whether the regulation is compliant with statutory authority; and the implications the regulation may have on providing affordable and reliable energy.
“…we are seeking to ensure that the agency follows the rule of law while providing all Americans with access to reliable and affordable energy.”7
- Reconsideration of Mercury and Air Toxic Standards (MATS).
- EPA is reviewing and will take action on the NESHAPs for coal-fired and oil-fired EGUs, commonly referred to as MATS. The review will consist of evaluating whether the regulation is in accordance with statutory authority and properly considers the industry compliance costs and public health benefits.
“At EPA, we are committed to protecting human health and the environment; we are opposed to shutting down clean, affordable and reliable energy for American families.”8
- Reconsideration of the Greenhouse Gas Reporting Program (GHGRP).
- EPA is reviewing the following three rules regulating the GHGRP and will be taking action to improve accuracy in reporting, streamline the permitting process, and ensure compliance with statutory authority:
- Mandatory Reporting of Greenhouse Gases Final Rule,
- Final Rule on Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule, and
- Final Rule on Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems.
- EPA is reviewing the following three rules regulating the GHGRP and will be taking action to improve accuracy in reporting, streamline the permitting process, and ensure compliance with statutory authority:
“The [GHGRP] requires over 8,000 facilities and suppliers in the United States to calculate and submit their emissions reporting annually. It costs hundreds of millions of dollars that could be better used to improve and upgrade environmental controls or other items at these facilities to have a noticeable impact on the improvement of the environment.”9
- Prioritization of the coal ash program and review of the coal combustion residuals (CCR) rule.
- EPA will timely review and act accordingly on state CCR permitting program submissions to affirm the state program is compliant with the law and contains all required elements.
- EPA will cooperatively work with states on preparing the state CCR regulations and primacy application
- EPA is reviewing and preparing modifications to the Final Rule on Legacy CCR Surface Impoundments and CCR Management Units.
- The EPA is projecting it will complete the rule changes within a year.
- EPA will timely review and act accordingly on state CCR permitting program submissions to affirm the state program is compliant with the law and contains all required elements.
“EPA will advance cooperative federalism to allow states to lead the charge on local issues, with federal support. This is just one of many examples where this agency can and will work with our state partners to deliver for the American people.”10
The other relevant energy-related actions announced by the EPA on March 12, 2025, include:
- Reconsideration of regulations on wastewater discharges for oil and gas extraction.
- Reconsideration of OOOOb/c regulations controlling air pollutants of the oil and gas industry, specifically the Final Rule on Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review.
- Reconsideration of the Risk Management Program Rule, specifically the Final Rule on Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention.
- Reconsideration of steam electric power generating effluent guidelines, specifically the Final Rule on Supplemental Effluent Limitations Guidelines and Standard for the Stream Electric Power Generating Point Source Category.
Other relevant actions the EPA is undertaking with a focus on lowering living costs, include:
- Reconsideration of the Final Rule on Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles, and the Final Rule on GHG Emissions Standards for Heavy-Duty Vehicles; and other related regulations.
- Reconsideration of the Final Rule on Endangerment and Cause or Contribute Findings For GHG Under Section 202(a) of the Clean Air Act (Endangerment Finding).
- Overhauling the Social Cost of Carbon reporting and regulations.
- Redirection of enforcement resources including revisions to National Enforcement and Compliance Initiatives.
- Reconsideration of the Technology Transition Rule, specifically the Final Rule on the Phasedown of Hydrofluorocarbons: Restrictions on the Use of HFCs Under the AIM Act in Variable Refrigerant Flow Air Conditioning Subsector.
- Termination of Environmental Justice and Diversity, Equity, and Inclusion offices and programs.
The other relevant EPA actions announced relating to cooperative federalism, include:
- Utilization of enforcement discretion to further assist North Carolina hurricane recovery efforts by allowing the use of large air curtain incinerators to clear debris without requiring a Title V permit.
- Reconstitution of the Science Advisory Board (SAB) and the Clean Air Scientific Advisory Committee (CASAC) and notification of upcoming requests for nominations.
These actions being undertaken by the EPA are largely already in motion; and there are strong indications that forthcoming voluminous regulatory notice publications in the Federal Register are to be expected. We will be monitoring the developments of these actions and regularly reporting on the updates. Participation in the public comment process can be essential for the impacted parties to preserve their rights to pursue all necessary actions to ensure proper consideration of the regulations.
**Any opinions expressed are the authors’, and not necessarily those of the firm or their colleagues.
Footnotes
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Administrator Less Zeldin. Administrator Zeldin Begins Restructuring Regional Haze Program | US EPA
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Administrator Lee Zeldin. Trump EPA Announces Plan to Work with States on SIPs to Improve Air Quality and Reconsider “Good Neighbor Plan” | US EPA
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Administrator Lee Zeldin. Administrator Zeldin Takes Action to Prioritize Cooperative Federalism, Improve Air Quality Faster | US EPA
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Administrator Lee Zeldin. Trump EPA Announces Reconsideration of Biden-Harris Rule, “Clean Power Plan 2.0”, That Prioritized Shutting Down Power Plants While Raising Costs on American Families | US EPA
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Administrator Lee Zeldin. Trump EPA to Reconsider Biden-Harris MATS Regulation That Targeted Coal-Fired Power Plants to be Shut Down | US EPA
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U.S. EPA. Trump EPA Announces Reconsideration of Burdensome Greenhouse Gas Reporting Program | US EPA
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Administrator Lee Zeldin. EPA Announces Swift Actions on Coal Ash Program (Coal Combustion Residuals) | US EPA
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