EPA Deregulation Tracker

Tracking EPA regulations under reconsideration and the potential impacts to various sectors

The EPA has announced plans to reconsider an expanding number of environmental regulations and is rapidly making progress on its commitment. This searchable tool identifies the regulations under reconsideration and the sectors affected by potential changes. Akin will update the Tracker as the EPA makes new announcements and begins to repeal, modify or promulgate new regulations, allowing us to keep you informed and answer any questions on the rapidly evolving regulatory landscape.

Contacts

For more information, please contact Akin partners David H. Quigley, Stacey H. Mitchell, Kenneth J. Markowitz or counsel Jessica H. Maloney.

Last updated April 16, 2025.

Regulation or Policy Under Review Description of Existing Regulation EPA Proposed Action Status of EPA Action Impacted Industry/Sector

Clean Power Plan 2.0


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; and Repeal of the Affordable Clean Energy Rule - 89 Fed. Reg. 39798

This rule establishes greenhouse gas emission guidelines for coal, oil, and gas-fired steam generating power plants, and sets new source performance standards (NSPS) for stationary combustion turbine power plants. The rule requires long-term coal and new, high-capacity natural gas plants to implement carbon capture equipment with a 90% capture rate by 2032.  Some deadlines such as requiring states to submit a plan or negative declaration letter come into effect as early as May 2026.

The Biden EPA promulgated this rule on May 9, 2024, and, in doing so, repealed the Affordable Clean Energy (ACE) Rule enacted during the first Trump Administration. The Trump Administration's ACE Rule had repealed the Clean Power Plan initially promulgated during the Obama Administration. In 2022, the Supreme Court struck down the Clean Power Plan for exceeding the scope of the Clean Air Act. West Virginia v. EPA, 597 US 697 (2022).

EPA announced plans to reconsider the rule in an effort "to ensure that the agency follows the rule of law while providing all Americans with access to reliable and affordable energy.”

March 12, 2025

The action is under EPA review and subject to litigation in the D.C. Circuit.  

States, labor unions, and industry representatives challenged the rule in the D.C. Circuit court and Supreme Court, seeking a stay and arguing that the rule is unlawful under the Supreme Court’s 2022 holding in West Virginia v. EPA.   In July and October 2024, the D.C. Circuit and Supreme Court, respectively, declined to stay the rule. On February 19, 2025, the D.C. Circuit granted EPA's motion to hold the case in abeyance for 60 days "to allow new Agency leadership to review the underlying rule." 

Electric Power Generation Facilities—Fossil Fuel Electric Power Generation (NAICS Code 221112); American Indian & Alaska Native Tribal Governments (NAICS Code 921150)

Oil and Gas Effluent Limitation Guidelines


Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category - 40 C.F.R. Part 423

This rule establishes effluent limitations guidelines and standards (ELGs) for wastewater (flue gas desulfurization wastewater, bottom ash transport water, and combustion residual leachates) generated at power plants, with more stringent requirements for coal-fired power plants than those transitioning to natural gas. For coal-fired plants, the rule establishes a zero discharge of pollutants limitation. Power plants transitioning to natural gas may continue to meet more lenient 2015 and 2020 limitations. It also establishes discharge limitations for mercury and arsenic for combustion residual leachate and legacy wastewater. 

EPA announced plans to reconsider the rule, citing its failure to "reflect modern capability to treat and reuse water for good." Administrator Zeldin would broaden the geographic scope where treated wastewater could be discharged and expand treated wastewater to include wastewater from lithium mines and oil and gas extraction.

March 12, 2025

Announced

Electric Power Generation Facilities—Electric Power Generation (NAICS Code 22111); Electric Power Generation Facilities—Fossil Fuel Electric Power Generation (NAICS Code 221112)

Risk Management Rule


Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention - 40 C.F.R. Part 68

This rule provides guidance for chemical accident prevention at facilities that use certain hazardous substances (e.g., chlorine dioxide, fluorine, methane, nitric oxide). It requires facilities that use certain hazardous substances to develop a Risk Management Plan to identify potential affects of a chemical accident, steps taken to prevent an accident, and emergency procedures in response to an accident. The rule requires the petroleum refining and chemical manufacturing sectors to: (i) conduct (sometimes costly) safer technology and alternatives analyses (STAA); (ii) conduct practicability assessments for inherently safer designs and technology (ISD/IST) if located within 1 mile of another petroleum refining or chemical manufacturing facility; and (iii) implement at least one practicable passive measure after each STAA. EPA announced plans to reconsider the rule, noting that it "makes America’s oil and natural gas refineries and chemical facilities less safe and less competitive." EPA Administrator Zeldin seeks to return to the 2019 rules, enacted under the first Trump Administration, to reduce regulatory burden, bolster economic growth, and safeguard human health and the environment.  

March 12, 2025

Announced

Crude Petroleum Extraction (NAICS Code 21112); Pulp Mills (NAICS Code 32211);  Petroleum Refineries (NAICS Code 32411); Petrochemical Manufacturing (NAICS Code 32511); Other Basic Inorganic Chemical Manufacturing (NAICS Code 32518); All Other Basic Organic Chemical Manufacturing (NAICS Code 325199); Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing (NAICS Code 325192); Plastic Material and Resin Manufacturing (NAICS Code 325211); Nitrogenous Fertilizer Manufacturing (NAICS Code 325311); Pesticide and Other Agricultural Chemical Manufacturing (NAICS Code 32532)

Vehicle GHG Rules


Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles - 40 C.F.R. Parts 85, 86, 600, 1036, 1037, 1066, and 1068

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles - Phase 3 - 40 CFR Parts 86, 1036, 1037, 1039, 1054, and 1065

Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards - 40 CFR Parts 2, 59, 60, 80, 85, 86, 600, 1027, 1030, 1031, 1033, 1036, 1037, 1039, 1042, 1043, 1045, 1048, 1051, 1054, 1060, 1065, 1066, 1068, and 1090

These rules set emissions standards for light and medium-duty vehicles, heavy-duty vocational vehicles (e.g., delivery trucks, school busses, public utility trucks, etc.), and tractors, phased in over model years 2027 through 2032, to reduce emissions and encourage a transition to electric or hybrid technologies. The rules also establish emissions standards to reduce pollution from heavy-duty trucks, beginning with model year 2027 and later, specifically targeting nitrogen oxide (Nox) and other air pollutants (e.g., hydrocarbons, carbon monoxide, and air toxics).  EPA announced plans to reconsider the rules, noting that they require an "electric vehicle mandate" and increase "the cost of living on all products that trucks deliver." While EPA has not yet identified replacement policies, EPA Administrator Zeldin aims for future EPA action to generate domestic jobs in the auto-manufacturing industry. 

March 12, 2025

Announced

Motor Vehicle Manufacturers (NAICS Codes 336111, 336112); Commercial Importers of Vehicles and Vehicle Components (NAICS Codes 811111, 811112, 811198, 423110); Alternative Fuel Vehicle Converters (NAICS Codes 335312, 811198); On-highway medium-duty engine & vehicles (8,501 - 14,000 pounds GVWR) manufacturers (NAICS Codes 333618, 336120, 336211, 336312)

Automobile and Light-Duty Motor Vehicle Manufacturing (NAICS Code 336110); Heavy Duty Truck Manufacturing (NAICS Code 336120); Motor Vehicle Body Manufacturing (NAICS Code 336211); Motor Home Manufacturing (NAICS Code 336213); Other Engine Equipment Manufacturing (NAICS Code 336618); All Other Automotive Repair and Maintenance (NAICS Code 811198)

All Other Plastics Product Manufacturing (NAICS Code 326199); Metal Can Manufacturing (NAICS Code 332431); Manufacturers of New Marine Diesel Engines (NAICS Code 333618); Motor and Generator Manufacturing (NAICS Code 335312); Automobile Manufacturing (NAICS Code 336111); Light Truck and Utility Vehicle Manufacturing (NAICS Code 336112); Heavy Duty Truck Manufacturing (NAICS Code 336120); Motor Vehicle Body Manufacturing (NAICS Code 336211); Motor Home Manufacturing (NAICS Code 336213); Manufacturers of New Aircraft (NAICS Code 336411); Manufacturers of New Aircraft Engines (NAICS Code 336412); Other Engine Equipment Manufacturing (NAICS Code 333618); All Other Transportation Equipment Manufacturing (NAICS Code 336999); Automotive and Other Motor Vehicle Merchant Wholesalers (NAICS Code 423110); Gasoline Stations With Convenience Stores (NAICS Code 447110); Other Gasoline Stations (447190); Fuel Dealers (454310); General Automotive Repair (NAICS Code 811111); Automotive Exhaust System Repair (811112); All Other Automotive Repair and Maintenance (NAICS Code 811198) 

Technology Transition Rule


Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons Under the American Innovation and Manufacturing Act of 2020 - 40 C.F.R. Part 84

This rule restricts the use of hydrofluorocarbons with high global warming potentials within certain sectors to facilitate the transition to next-generation technologies. It establishes compliance timelines beginning in 2025 through 2028, depending on sector, and prohibits the sale or distribution of noncompliant products. The rule affects refrigeration, air conditioning, heat pump, foam, and aerosol products in data centers, retail food refrigeration, cold storage warehouses, ice rinks, refrigerated transport, and residential sectors.
EPA announced plans to reconsider the rule, noting that it currently "forces companies to use particular technologies for refrigerant systems that raise the cost of food at the grocery store." EPA Administrator Zeldin has yet to identify replacement policies, but based on his proposed replacements to other environmental regulations, we expect EPA to adopt a more business-friendly approach to HFCs regulation. 

March 12, 2025

Announced 

Broadly applicable

PM 2.5 NAAQS


Reconsideration of the National Ambient Air Quality Standards for Particulate Matter - 40 C.F.R. Parts 50, 53, and 58

This rule reduces the primary (health-based) National Ambient Air Quality Standards  (NAAQS) for particulate matter (PM2.5 or soot) to 9.0  micrograms per cubic meter of air (µg/m3). It does not change primary PM10 (larger particle) or secondary (welfare-based) NAAQS. The rule requires EPA to designate areas that meet the NAAQS (attainment) and fail to meet the NAAQS (nonattainment) within two years.  It requires states to submit plans to meet NAAQS within three years. The rule applies to stationary source permitting and only allows nonattainment new source review in designated areas.  EPA announced plans to reconsider the rule, noting that it "has raised serious concerns from states across the country and served as a major obstacle to permitting." EPA will soon release guidance on permitting obligations, NAAQS compliance, and reforms to New Source Review, prioritizing flexibility and cooperative federalism.

March 12, 2025

Announced

Cement and Concrete Product Manufacturing (NAICS Code 3273); Basic Chemical Manufacturing (NAICS Code 3251); Pulp, Paper, and Paperboard Mills (NAICS Code 3221); Iron and Steel Mills and Ferroalloy Manufacturing (NAICS Code 3311); Nonferrous Metal (except Aluminum) Production and Processing (NAICS Code 3314); Petroleum and Coal Products Manufacturing (NAICS Code 3241); Mining (except Oil and Gas) [NAICS Code 212]; Oil and Gas Extraction (NAICS Code 211); Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS Code 3334); Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers (NAICS Code 4237); Asphalt Paving, Roofing, and Saturated Materials Manufacturing (NAICS Code 32412)

NESHAPs


Reconsideration of multiple National Emission Standards for Hazardous Air Pollutants for American energy and manufacturing sectors (NESHAPs) 

National Emission Standards for Hazardous Air Pollutants (NESHAPs) are stationary source standards for hazardous air pollutants that can come from a variety  of sources.  Since promulgation in 1989 under the Clean Air Act, EPA has added new NESHAPs to its list of pollutants and continuously develops new national enforcement initiatves that aim to decrease hazardous air pollutants.                                                                                                                                                                                                                                                                                                                                                                                 EPA is now reconsidering an initial set of eight NESHAPs air rules covering nearly every sector of the American economy. EPA is also considering a two-year conpliance exemption for affected facilities during the rulemaking process. It also intends to evaluate more NESHAPs and New Source Performance Standards in the future. 

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92)

For the "HON Rule" – NAICS Codes for SOCMI facilities are under Chemical Manufacturing (NAICS Codes beginning with 325); for P&R I facilities, Synthetic Rubber Manufacturing (NAICS Code 325212); for P&R II facilities, Plastics Material and Resin Manufacturing (NAICS Code 325211)

For the "Sterilizer Rule" – Surgical and Medical Instrument Manufacturing (NAICS Code 339112); Surgical Appliance and Supplies Manufacturing (339113); Pharmaceutical Preparation Manufacturing (NAICS Code 325412); Spice and Extract Manufacturing (NAICS Code 311942); Dried and Dehydrated Food Manufacturing (NAICS Code 311423); Packaging and Labeling Services (NAICS Code 561910)

For the "Rubber Tire Rule" – Rubber Tire Manufacturing (NAICS Codes 326211, 326212, 314992)

For the "Copper Rule" – Nonferrous Metal (except Aluminum) Smelting and Refining (NAICS Code 331410)

For the "Iron and Steel Rule" – Integrated Iron and Steel Manufacturing Facilities (NAICS Code 331110)

For the "Lime Rule" – Lime Manufacturing (NAICS Codes 32741, 33111, 3314, 327125)

For the "Coke Ovens Rule" – Coke Ovens: Pushing, Quenching, and Battery Stacks (NAICS Code 331110); Coke Oven Batteries (NAICS Code 324199)

For the "Taconite Rule" – Taconite Iron Ore Processing (NAICS Code 21221)

Regional Haze Program


Restructuring the Regional Haze Program that threatened the supply of affordable energy for American families (Regional Haze) - 40 C.F.R. Subpart P § 51.308

Regional haze refers to the reduction in visibility caused by the emission of a wide range of particles, including sulfates, nitrates, organic carbon, elemental carbon, soil dust, SO2, NOX, and sometimes ammonia and volatile organic compounds. The Regional Haze Rule (2017 RHR) outlines state obligations to obtain certain visibility standards, including long-term strategies for making reasonable progress towards the national visibility goal.            EPA is reconsidering its implementation of the Regional Haze program. Administrator Zeldin noted that the program has imposed significant costs on power plants and other sectors and that there have been significant gains in improving visibility in national parks and other wildlife areas. EPA therefore aims to "restore sanity and purpose to the program.” 

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92)

Social Cost of Carbon


Biden-Harris Administration’s “Social Cost of Carbon” - 86 F.R. 7037

 According to the EPA under the Biden Administration, the Social Cost of Greenhouse Gases (SC-GHG) (also called the “Social Cost of Carbon”) is “a measure, in dollars, of the long-term damage done by a ton of carbon dioxide (CO2) emissions in a given year.” The SC-GHG is a metric that is used when by policymakers analyzing regulatory actions that affect GHG emissions.   EPA has announced it is "overhauling" the Social Cost of Carbon rule in accordance with President Trump's Unleashing American Energy Executive Order.  Noting that the rule currently imposes significant regulatory costs, EPA Administrator Zeldin added: "To Power the Great American Comeback, we are fully committed to removing regulations holding back the U.S." 

March 12, 2025

Announced

Broadly applicable

Environmental Justice and DEI


Ending Radical and Wasteful Government DEI Programs and Preferencing - 90 F.R. 8339 (EO 14151)

The Biden-era EPA described environmental justice as "the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment." EPA's environmental justice mandate extended to all of the Agency's work, and every regional and headquarter office had an environmental justice coordinator.  EPA has announced it will terminate the "forced discrimination" associated with Environmental Justice and Diversity, Equity, and Inclusion arms of the agency in connection with President Trump's Executive Order Ending Radical and Wasteful Government DEI Programs and Preferencing. EPA Administrator Zeldin stated that while Environmental Justice receives bipartisan support "in theory," it failed to actually allocate funds directly for remediating environmental issues for such communities.

March 12, 2025

EPA has implemented this EO by removing all programs related to diversity, equity, inclusion, and accessibility. EPA employees in Diversity, Equity, and Inclusion and Environmental Justice are on administrative leave.

Broadly applicable

Good Neighbor Plan


Good Neighbor Plan - 40 C.F.R Part 52 

 

 The Good Neighbor Plan addresses the interstate transport of air pollution for 23 states. It aims to restrict smokestack emissions from power plants and other industrial sources that contribute to smog-causing pollution in downwind areas. This rule expands federal regulations to more states and sectors beyond its traditional focus on power plants.  In June 2024, the U.S. Supreme Court stayed the rule.  EPA is reconsidering the rule and has committed to advancing cooperative federalism and working with states on State Implementation Plans (SIPs). EPA Administrator Zeldin noted that nearly all SIPs were rejected by the Biden Administration in connection with the Good Neighbor Plan.  

March 12, 2025

Announced

Fossil Fuel-Fired Electric Power Generation (NAICS Code 221112); Pipeline Transportation of Natural Gas (NAICS Code 224862); Metal Ore Mining (NAICS Code 222122); Cement and Concrete Product Manufacturing (NAICS Code 223273); Iron and Steel Mills and Ferroalloy Manufacturing (NAICS Code 223311); Glass and Glass Product Manufacturing (NAICS Code 223272); Basic Chemical Manufacturing (NAICS Code 223251); Petroleum and Coal Products Manufacturing (NAICS Code 223241); Pulp, Paper, and Paperboard Mills (NAICS Code 223221); Solid Waste Combustors and Incinerators (NAICS Code 562213); Basic Chemical Manufacturing (NAICS Code 3251xx); Petroleum and Coal Products Manufacturing (3241xx); Pulp, Paper, and Paperboard Mills (NAICS Code 3221xx); Iron and Steel and Ferroalloys Manufacturing (3311xx); Metal Ore Mining (NAICS Code 2122xx)

NAAQS


National Primary and Secondary Ambient Air Quality Standards ("NAAQS") - 40 C.F.R. Part 50

State Implementation Plans ("SIPs") are organized regulations and documents used by a state, territory, or local air district to implement and manage National Ambient Air Quality Standards ("NAAQS") and other requirements of the Clean Air Act. The SIPs must meet the standards for six criteria air pollutants established by EPA. At the close of the Biden Administration, there were 685 unresolved State Implementation Plans (SIPs) and 322 that were considered overdue. EPA aims to clear this backlog. EPA Administrator Zeldin stated that the backlog "resulted in a delay of air quality improvement," impacting over 140 million Americans.  EPA will work with states to ensure they are not punished for emissions outside their control and to place air quality monitors in more "logical locations." Additionally,  EPA will collaborate with states to protect air quality and support economic growth.

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92); Federal Facilities and Local Governments (NAICS Code 921110)

SIPs


Requirements for Preparation, Adoption and Submittal of Implementation Plans - 40 C.F.R. Part 51
State Implementation Plans ("SIPs") are organized regulations and documents used by a state, territory, or local air district to implement and manage National Ambient Air Quality Standards ("NAAQS") and other requirements of the Clean Air Act. The SIPs must meet the standards for six criteria air pollutants established by EPA.
 At the close of the Biden Administration, there were 685 unresolved State Implementation Plans (SIPs) and 322 that were considered overdue. EPA aims to clear this backlog. EPA Administrator Zeldin stated that the backlog "resulted in a delay of air quality improvement," impacting over 140 million Americans.  EPA will work with states to ensure they are not punished for emissions outside their control and to place air quality monitors in more "logical locations." Additionally,  EPA will collaborate with states to protect air quality and support economic growth.

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92); Federal Facilities and Local Governments (NAICS Code 921110)
 

Greenhouse Gas Reporting Program


Mandatory Greenhouse Gas Reporting - 40 C.F.R. Part 98

The Greenhouse Gas Reporting Program ("GHGRP") requires reporting of GHG data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. The reported data is publicly available.                                                                                                    Citing costs that the existing regulation imposes on American businesses, EPA Administrator Zeldin indicated that ending GHGRP requirements will allow businesses to instead direct funds to "improve and upgrade environmental controls or other items at these facilities to have a noticeable impact on the improvement of the environment."

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92) 

Steam Electric Power Generating Effluent Guidelines


Supplemental Effluent Limitations 
Guidelines and Standards for the 
Steam Electric Power Generating Point 
Source Category - 40 C.F.R. Part 423

The Steam Electric Generating Effluent Guidelines establish stringent discharge standards for four wastewaters generated at Steam Electric Power Generating facilities: flue gas desulfurization wastewater, bottom ash transport water, combustion residual leachate, and legacy wastewater. The rule is currently being challenged in the Eighth Circuit Court of Appeals.                                                                           EPA is reconsidering 2024 wastewater discharge limitations applicable to coal-fired power plants. By reconsidering these standards, EPA Administrator Zeldin seeks to provide low-cost electricity while also protecting water resources.

March 12, 2025

Announced

Electric Power Generation Facilities—Electric Power Generation (NAICS Code 22111); Electric Power Generation Facilities—Fossil Fuel Electric Power Generation (NAICS Code 221112)

NECIs


EPA National Enforcement and Compliance Initiatives

The National Enforcement and Compliance Initiatives ("NECIs") are six initiatives undertaken by  EPA to address environmental and public health issues such as climate change, PFAS exposure, coal ash contamination, air toxins, drinking water standards, and chemical accident risk.                EPA announced that it will immediately revise NECIs to ensure that enforcement does not discriminate based on race and socioeconomic status or shut down energy production. EPA enforcement will focus on "the most pressing health and safety issues" to provide enforcement predictability as EPA considers changes to regulations. EPA Administrator Zeldin expects these changes will lower costs and reduce bureaucratic burdens. 

March 12, 2025

Announced

Broadly applicable

Quad O


OOOO b/c - 40 C.F.R. Part 60 Subparts OOOOb, OOOOc

 

Quad O provides New Source Performance Standards ("NSPS") for crude oil and natural gas facilities (NAICS 211111) and emissions guidelines for states to develop plans addressing existing sources' GHG and VOC emissions.                                                                                                                                                    EPA announced that it is reconsidering Quad O to allow America to "unleash energy dominance" and encourage development and manufacturing in the United States.

March 14, 2025

Announced

Crude Petroleum and Natural Gas Extraction (NAICS Codes 211120, 211130)

MATS


Mercury and Air Toxics Standards - 40 C.F.R. Part 63, Subpart UUUUU

MATS provides technology-based emissions standards for mercury and other hazardous air pollutants ("HAPs") emitted by coal- and oil-fired electric utility steam generating units ("EGUs") with a capacity of more than 25 megawatts. MATS applies to existing and new EGUs.                                                                                     EPA announced that it is reconsidering the Mercury and Air Toxics Standards, citing that the rules caused significant regulatory uncertainty and resulted in a lawsuit from 23 states. In accordance with an earlier announcement by the Trump Administration, EPA is considering a 2-year compliance exemption via Section 112(i)(4) of the Clean Air Act for affected facilities/power plants during rulemaking process. 

March 14, 2025

Announced

Fossil Fuel Electric Power Generation (NAICS Code 221112); Electric Power Distribution (NAICS Code 221122); American Indian & Alaska Native Tribal Governments (NAICS Code 921150)

WOTUS


Definition of the Waters of the United States - 40 C.F.R. Part 120

The 1972 Amendments to the Clean Water Act established federal jurisdiction over "waters of the United States" ("WOTUS"). Since then, the definition and implementation of WOTUS has consistently changed. In 2023, the EPA issued a final rule on the definition. The Supreme Court in Sackett struck down parts of the rule and EPA released a conforming rule shortly thereafter. Sackett v. EPA, 598 U.S. 651 (2023). However, the 2023 rule is currently not operative in many states that support a pre-2015 definition.  Citing the Sackett decision, EPA announced it will review the definition of WOTUS and revise the 2023 rule through the rulemaking process. EPA will provide guidance to states implementing the pre-2015 definition to ensure consistency with a new rule. 

March 12, 2025

Announced

 Broadly applicable

Exceptional Events Rule 


Reconsideration of exceptional events rulemaking to work with states to prioritize the allowance of prescribed fires within State and Tribal Implementation Plans - 40 C.F.R. Parts 50 and 51

The 2016 Exceptional Events rule exempts states from national air quality standards during "exceptional events" and allows prescribed fires (intentional fires ignited for land and resource management) to be deemed "exceptional events" if evidence and technical analyses show that the exceedances are monitored and caused by the fire.  The Trump Administration will revisit the rule with a view to increasing prescribed fires.  EPA's press release notes that "[p]rescribed fires are necessary to protect communities from catastrophic wildfires like the ones that caused untold damage to residents and businesses in Los Angeles" but the Agency has not yet specified what changes will be made.

March 12, 2025

Announced

Public Administration & Government (NAICS Sector 92)

SAB and CASAC 


Science Advisory Board and Clean Air Scientific Advisory Committee (SAB/CASAC)

The Science Advisory Board  ("SAB") and Clean Air Scientific Advisory Committee ("CASAC") provide scientific advice to EPA that forms the bases of Agency actions.   The Trump Administration will reconstitute both SAB and CASAC.  A notice will be published in the Federal Register seeking nominations, which will be accepted for 30 days following publication of the notice.

March 12, 2025

Announced

Affects the Executive-level, which may have downstream, broad applicability

Coal Ash Rule 


Prioritizing coal ash program to expedite state permit reviews and update coal ash regulations - 40 C.F.R. Parts 257 and 261

The Coal Ash Rules provide a comprehensive set of requirements for the safe disposal of coal ash from coal-fired power plants.    The Trump Administration will update regulations to "place implementation of the coal ash regulations more fully into state hands" and "establish coal ash programs tailored to [states'] unique circumstances."  EPA proposes to begin the process with a determination on North Dakota's permit program before May 11, 2025.  EPA is also reviewing the Legacy-Coal Combustion Residuals Management Units Rule, which regulates the management of coal ash surface impoundments to evaluate whether to grant relief (including extended compliance deadlines) to owners and operators of coal based power plants to comply with requirements.

March 12, 2025

Announced; The agency aims to complete rule changes by March 2025.   

Fossil Fuel Electric Power Generation (NAICS Code 221112)

Hurricane Helene Regulatory Relief 


Utilizing enforcement discretion to further North Carolina’s recovery from Hurricane Helene 

After the hurricane made landfall on September 27, 2024, EPA began working with federal, state, local, and Tribal partners to provide support to water systems and clear storm debris and hazardous materials. EPA announced an extension of the no action assurance that North Carolina requested, allowing use of large air curtain incinerators to clear debris without requiring Title V permits (operating permits issued under the Clean Air Act to limit air emissions) in the aftermath of Hurricane Helene.

March 12, 2025 

Announced 

Federal Facilities and Local Governments (NAICS Code 921110)

Endangerment Finding


Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act; Final Rule - 74 F.R. 66496

To regulate air pollutants from new mobile sources pursuant to the Clean Air Act, EPA must make a finding that such air pollutants "may reasonably be anticipated to endanger public health or welfare." In 2009, EPA made endangerment findings for six criteria air pollutants. These findings provide the basis for most regulations related to greenhouse gases, including regulations on emissions from mobile sources, power plants, aircrafts, and more. 

 

In an Executive Order, the Trump Administration directed  EPA Administrator Zeldin to review the "legality and continuing applicability" of the 2009 findings. EPA confirmed it would reconsider the findings and prior related regulations. 

March 12, 2025

Announced

Broadly applicable

   

     

Sustainability Legislation & Regulation Monitor

 

Monitoring sustainability-related legal, regulatory and policy developments across the U.S.

Speaking Sustainability Blog

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Environment & Natural Resources

Akin’s environment & natural resources practice offers wide-ranging experience for clients facing the burgeoning challenges brought on by new legislation and intensified consideration of environmental issues.


Although this publication may include general information about legal issues, it is not a substitute for legal advice from qualified counsel. This publication contains no legal advice regarding specific facts, matters, or persons. Akin Gump, its partners, and its employees assume no liability in connection with its use. Portions of this publication may also constitute attorney advertising. Prior results do not guarantee a similar outcome.