Project 2025 Tracker / What’s done, what’s next

13. Environmental Protection Agency · Notable

Revise CAA Section 111(d) implementing regulations to defer to states

Attempted

427 13. Environmental Protection Agency

“Revise general implementing regulations for existing source regulatory authority under CAA § 111(d) to ensure that EPA gives full meaning to Congress’s direction, including source-specific application, and that the state planning program is flexible, federalist, and deferential to the states.”

What has happened

  1. Attempted

    The 2026 Unified Agenda carries RIN 2060-AW82, "Reassessment of Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d)" (EPA/OAR), at Proposed Rule Stage, CFR citation 40 CFR part 60 subpart Ba, flagged Deregulatory under Executive Order 14192, with an NPRM timetabled for 07/2026 and a final rule for 04/2027. The abstract says EPA "is now reassessing the 2023 amendments to subpart Ba and intends to issue a proposed rule seeking public comment on any proposed changes" — subpart Ba being the general implementing regulations this Quote asks EPA to revise, including the state-plan timelines and the treatment of remaining useful life and other factors. No proposed rule has published: an agenda entry is `attempted` and never more (playbook §3b).

Research log

What was searched, and what didn’t count as evidence

Research notes

  • Corrected 2026-09-01. The 2026-08-27 search recorded not started on the ground that EPA’s final and proposed rules, among the federal records we keep and search, carried no rulemaking on the §111(d) general implementing regulations at 40 CFR part 60 subpart Ba. That negative was true of the Federal Register and false of EPA’s agenda: RIN 2060-AW82 is not printed in the Federal Register’s abbreviated Reg-Flex agenda (the entry’s own page says Regulatory Flexibility Analysis Required: No, RIN Data Printed in the FR: No), so only the full reginfo.gov agenda shows it. The earlier not started event was replaced rather than followed by a new one.
  • The proposed repeal (#1094) would remove the emission guidelines for existing power plants. It does not touch the general implementing regulations that govern how every state plan under §111(d) is written, which is what the Quote asks about; 2060-AW82 does.
  • The agenda entry does not say which way the reassessment will run. It names the object and carries a stage, which is what an agenda entry needs to count as attempted; whether the eventual proposal is “flexible, federalist, and deferential to the states” is for the NPRM to show.
Action
other
Object
Clean Air Act Section 111(d) implementing regulations
ID
1096