In a significant shift in environmental policy, the U.S. Environmental Protection Agency (EPA) has announced the reconsideration of several key National Emission Standards for Hazardous Air Pollutants (NESHAPs), including rules directly impacting the chemical manufacturing and refining sectors. This move, formalized in a March 2025 press release titled
“Trump EPA Announces Reconsideration of Air Rules Regulating American Energy, Manufacturing, Chemical Sectors”, signals potential regulatory relief for an industry facing rising compliance costs and technical feasibility concerns.
The rules under reconsideration include:
- The Hazardous Organic NESHAP (HON) Rule, affecting the Synthetic Organic Chemical Manufacturing Industry (SOCMI);
- The Rubber Tire Manufacturing NESHAP RTR (recently disapproved via the Congressional Review Act);
- NESHAPs for ethylene oxide sterilizers, primary copper smelting, iron and steel manufacturing, lime manufacturing, coke ovens, and taconite iron ore processing.
These reconsiderations were spurred by industry petitions – citing cost burdens, short compliance timelines, data and modeling flaws, and concerns that some rules exceeded EPA’s statutory authority.
Why This Matters for Environmental Professionals
For environmental professionals managing compliance, permitting, and long-range capital planning, the sudden shift in regulatory posture creates a volatile landscape. The
HON Rule alone was projected to cost the industry $1.8 billion over 15 years, including $455 million in capital investment, according to
EPA’s own fact sheet.
While the reconsideration may offer eventual relief or revisions more in line with operational realities, the short-term implications are complex. Facilities already deep in the process of engineering controls, emissions testing, or permitting under the now-reconsidered rules are left uncertain about how to proceed.
Additionally, it is expected that reconsideration of the HON Rule will include public comment and further review of both the residual risk standards under Clean Air Act §112(f)(2) and technology-based standards under §112(d)(6). These portions of the Clean Air Act determine how Maximum Achievable Control Technology (MACT) standards are established and how residual risk assessments may be revisited.
The Overturning of the Rubber Tire NESHAP RTR: A Canary in the Coal Mine?
Most strikingly, the Rubber Tire Manufacturing NESHAP RTR was recently disapproved via the
Congressional Review Act, marking a rare instance of a finalized NESHAP update being successfully nullified. This signals a potential congressional trend that may influence the viability of similar rules. A few other regulations have been disapproved thus far.
Key Compliance Impacts and Considerations
While the prospect of regulatory relief may be welcomed, it is important not to misconstrue reconsideration as deregulation. Reconsideration does not mean repeal—it opens a new phase of review, comment, and potential revision. Environmental managers should consider the following:
- Continue current compliance planning until further guidance or amended rulemaking is issued. The rules remain enforceable unless formally stayed or revised.
- Reassess capital expenditures for large control projects under reconsidered rules, particularly those scheduled to go online within the next 12–24 months.
- Monitor EPA dockets closely for each rule under reconsideration. The formal reconsideration process will include public comment periods and possibly public hearings.
EPA’s recognition that some work practice standards may be more appropriate than hard numeric limits, especially for fugitive emissions and variable-process units, also opens the door for more flexible compliance pathways. This could be particularly beneficial for the chemical and refining sectors, where unit variability makes rigid emission limits both costly and operationally risky.
What Comes Next?
The reconsideration aligns with broader policy shifts under new Executive Orders
14154,
14192, and
14220, focused on “Unleashing American Energy” and restoring domestic industrial competitiveness. The chemical and refining industries, long seen as cornerstones of U.S. manufacturing capacity, stand to benefit if revised rules better reflect operational realities without compromising core public health goals.
Nonetheless, this is not a guaranteed outcome. It is imperative that facilities remain engaged in the public comment process and coordinate with legal and technical teams to submit data and analysis that illustrate the real-world implications of current versus proposed standards.
Trinity Consultants Chemical Sector Services (CSS) group has been actively engaged throughout the development of these rules and has provided technical and regulatory comments on behalf of our clients. Whether your facility is navigating current requirements or preparing for amended standards, Trinity can provide expert support every step of the way. For more information, please contact Inaas Darrat at
713.552.1371.
