Exempt unregulated fugitive emissions from MACT standards

Research notes

• Negative search (2026-08-27): a Federal Register full-text search for fugitive emissions returns no EPA rule or policy in the window addressing whether an unregulated emission point of an already regulated hazardous air pollutant needs a maximum achievable control technology standard.
• The §112 work of the window went elsewhere: the coal- and oil-fired utility standards repeal, the chemical manufacturing area sources technology review, and the reclassification restoration at #1090.
• Unified Agenda, read 2026-09-01. We read EPA’s full Unified Agenda on reginfo.gov (214 entries across the active, long-term and completed stages), because the Federal Register prints only the entries that need a Regulatory Flexibility analysis, and the 2026-08-27 negative was taken from that abbreviated version. Nearest entry: RIN 2060-AV47, Regulatory Requirements for New HAP Additions to Part 63 (EPA/OAR, Long-Term Actions, 40 CFR part 63 subparts A and C, proposed 2023-09-13 at 88 FR 62711): https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=2060-AV47. It is the one entry on the agenda about the general scope of the §112 standards, and it deals with what is triggered when a new hazardous air pollutant is added to the list — not with whether an unregulated emission point of an already regulated pollutant needs a MACT standard. Status unchanged.