EPA’s April 2026 proposal to revise hazardous air pollutant (HAP) standards for the oil and gas sector raises important questions about the agency’s authority and responsibilities under the Clean Air Act (CAA). While the proposal includes several updates to the oil and gas sector’s national emission standards for hazardous air pollutants (NESHAP), a key issue is whether EPA must address previously unregulated HAP emission points during its required technology reviews.
Under CAA section 112, EPA must set NESHAP for each category of major sources of HAP, including the oil and gas sector. Section 112 then requires EPA to review and revise those standards at least every eight years through a technology review, “taking into account developments in practices, processes, and control technologies” since it last reviewed the standards.
EPA proposes revisions to the oil and gas NESHAP across three categories of emission points: “(1) already regulated emission points of currently regulated HAP; (2) unregulated emission points; and (3) regulated emission points of HAP not currently regulated.” Although EPA proposes substantive revisions for all three categories, this paper focuses primarily on the second category — unregulated emission points — as EPA’s new interpretations of CAA section 112 advanced in that category, if finalized, would have implications for EPA’s technology review obligations for all source categories, not just the oil and gas sector.
This analysis explores EPA’s legal rationale for declining to set standards for previously unregulated emission points, as well as an alternative proposal to establish such standards retroactively. It assesses the legal risks associated with each approach and considers the broader implications for EPA’s future technology reviews across regulated industries.