Regulatory Tracker

The Biden EPA strengthened mercury standards for coal-fired power plants, which industry challenged in the D.C. Circuit. The Trump EPA provided exemptions to 68 power plants and EPA has slated the rule for rollback.

EPA is reviewing Regional Haze state implementation plans. The Trump administration announced that it plans to restructure the Regional Haze Program.

The Biden EPA finalized standards for GHG emissions from existing coal-fired power plants and new gas-fired power plants. The Trump EPA slated these rules for rollback.

The Clean Air Act’s “Good Neighbor” provision requires upwind states to ensure that their instate sources do not contribute to downwind states’ attainment of the NAAQS. On Mar. 12, 2025, EPA announced its plan to roll back the Biden Administration’s Good Neighbor Plan, which the Supreme Court stayed in June 2024.

In early January 2025, the Biden EPA withdrew its direct final rule and indicated it would release a subsequent rule addressing the 13 states that failed to submit state implementation plan revisions.

States and private parties have sued EPA for failing to make compliance determinations by the statutory deadlines. In October 2024, the Biden EPA proposed revisions to the regulatory deadlines for submitting state implementation plan revisions and implementation requirements.

EPA sets NAAQS for six common and harmful pollutants: carbon monoxide, lead, PM, ozone, nitrogen dioxide, and sulfur dioxide.

EPA establishes the baseline requirements for new source review permits, which are then issued by state and local air pollution agencies. The Biden EPA proposed a rule to revise pre-construction permitting requirements in May 2024.