Georgia Environmental Protection Division Regulatory and Air Permit Fees Updates

Georgia Environmental Protection Division (GEPD) has proposed multiple changes and updates that relate to both water and air medias since the beginning of 2025. These changes are in response to U.S. Environmental Protection Agency (U.S. EPA) updating the Per- and Polyfluorinated Substances (PFAS) Maximum Contaminant Levels (MCLs) and other routine updates to plans. The sections below summarize what to know about the changes or proposed changes that will impact industrial facilities operating in Georgia.

PFAS Permitting Strategy Draft

GEPD has issued a draft memorandum dated January 31, 2025 that lays out the agency’s permitting strategy for PFAS. GEPD’s memorandum follows the U.S. EPA announcement of the final National Primary Drinking Water Regulation (NPDWR) for six PFAS on April 10, 2024, including establishing MCLs for six PFAS, with compliance required by 2029. Georgia is planning to adopt the PFAS MCLs for drinking water at G.A.C 391-3-5. U.S EPA announced in a press release on May 14, 2025 that the agency will keep the MCL for PFOA and PFAS but intends to rescind the regulations and reconsider regulatory determinations for PFHxS, PFNA, HFPO-DA, and Hazard Index mixture. U.S. EPA also intends to extend the PFOA and PFOS MCL compliance deadlines to 2031 and establish a federal exemption framework. GEPD has not updated their PFAS permitting strategies based on the press release.

GEPD’s permitting strategy is going to affect both Land Application Systems (LAS) and point-source facilities with National Pollutant Discharge Elimination System (NPDES) permits. GEPD has identified potential industrial categories that this will affect. All Public Owned Treatment Works (POTWs) may have presence of PFAS in their influent and effluent due to the presence of PFAS in common household products. Industry categories known or suspected to discharge PFAS, as identified by GEPD, include:

• Organic chemicals plastics and synthetic fibers (OCPSF)
• Metal finishing
• Electroplating
• Electric and electronic components
• Landfills
• Pulp, paper, and paperboard
• Leather tanning and finishing
• Plastics molding and forming
• Textile mills
• Paint formulating
• Airports
• Centralized waste treatment systems
• Remediation sites
• Other chemical manufacturing (not OCPSF)
• Military bases

Following the finalization of the PFAS permitting strategy, renewed LAS permits for POTWs and industrial categories listed above will include quarterly effluent and groundwater monitoring requirements for PFAS. Beginning in 2029, LAS permittees will be required to meet the new MCLs in the groundwater in downgradient monitoring wells. Compliance with the MCL will be determined by an annual average of the quarterly samples.

On December 6, 2024, U.S. EPA proposed to update 40 CFR §136 to include U.S. EPA analytical methods 1633 and 1631. Once those updates to 40 CFR §136 are promulgated, GEPD will begin requiring quarterly monitoring for PFAS in renewed NPDES permits for POTWs and listed industry categories with discharges upstream from drinking water treatment plants in receiving streams with a designated use of drinking water. Annual average effluent limitations may be incorporated into permits if determined to be necessary for the protection of drinking water plants.

2025 Triennial Review

GEPD initiated the 2025 Triennial Review of its water quality standards on February 7, 2025 and is accepting public comments and recommended topics for GEPD to consider until April 1, 2026. The 2025 Triennial Review includes the following for consideration based on U.S. EPA’s national criteria recommendations: 2018 Aquatic Life Criteria for Aluminum, 2019 Recreational Criteria or Swimming Advisories for Cyanotoxins, 2021 Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs, 2024 Aquatic Life Criteria for PFOA, 2024 Aquatic Life Criteria for PFOS, 2024 Draft Human Health Criteria for PFOA, PFOS, and PFBS. GEPD is also considering a designated use change to recreation for Chattahoochee River in Columbus, GA and internal site-specific criteria for lakes.

Notice of Draft 2025 Ambient Air Monitoring Plan

On May 16, 2025, GEPD released the Draft 2025 Ambient Air Monitoring Plan for public comment. The major changes from the 2024 Ambient Air Monitoring Plan include shutting down monitoring sites, implementing a data alignment feature on the PM_2.5 Teledyne T640, changing sampling frequency for PM_2.5 at multiple sites, and providing a waiver for the monitoring scale for the ozone monitor at the Gwinnett Tech site.

Georgia’s Second Maintenance Plan for the Atlanta Ozone Maintenance Area for the 2008 Eight-hour Ozone NAAQS

The metro Atlanta area was designated as nonattainment in 2012 in respect to the 2008 eight-hour ozone National Ambient Air Quality Standard (NAAQS). However, the area was redesignated as attainment in 2017. GEPD’s request for redesignation to attainment in 2016 was based on three years (2013-2015) of ambient monitoring data showing attainment of the ozone NAAQS (0.075 ppm). GEPD submitted the first maintenance plan for the metro-Atlanta area on July 18, 2016. The second maintenance plan demonstrates continued attainment with the 2008 ozone standard by showing that the metro-Atlanta area will not violate the standard.

Air Permit Fees Increase

GEPD requires owners and operators of each stationary source subject to the requirements of the annual Permit fee rule to complete a fee form on Georgia Environmental Connections Online (GECO) and payment of the fees on or before September 2, 2025. GEPD has developed an Air Permit Fee Manual for fees due between July 1, 2025 and June 30, 2026 (Air Permit Fee Manual) that details who is required to pay annual fees, including:

• permit application fees,
• New Source Performance Standards (NSPS) sources that are subject to annual fees (with exceptions detailed in Section 3.3.1),
• synthetic minor fees, and
• Part 70 source fees.

Annual fees are required to be paid for emissions of criteria pollutants [volatile organic compounds (VOC), sulfur dioxide (SO₂), particulate matter (PM), and nitrogen oxides (NO_X)] with methods of calculations found in Section 4.2 of the Air Permit Fee Manual.

There is an increase in fees for all types of permit applications and annual fees between July 1, 2025 through June 30, 2026 except Title V Renewal Applications (unless the renewal includes a qualifying modification) and Off-Permit Change Requests. If you are uncertain about what course of action to take regarding changes at your facility, you can contact the Air Branch’s Stationary Source Permitting Program. The table below lists all permit application and annual fees that are increasing for July 1, 2025 through June 30, 2026.

Fee Comparison: Fiscal Year (FY) 2026 and FY2025

The Part 70 Sources minimum fee has also increased from the previous year. The minimum fee that must be paid for FY2026 (July 1, 2025 – June 30, 2026) is $5,850 plus the maintenance fee in the above table. This is an increase from FY2025 (July 1, 2024 – June 30, 2025) of $4,500 plus the maintenance fee.

Facilities that operate or own a stationary source subject to the requirements of annual permit fees can get ahead of future increases by submitting air permit modifications prior to June 30, 2026 and prepare the annual fees calculations to pay the fee prior to the September 2, 2025 deadline.

Summary

ALL4 has extensive experience with environmental permitting and compliance in Georgia. If you have any questions about the changes discussed above or need assistance with Georgia water or air permitting and compliance, please contact Michael Harris at mharris@all4inc.com.

OSWI Redefined: U.S. EPA’s Final Amendments on Waste Combustion Regulations

On June 30, 2025, the U.S. Environmental Protection Agency (U.S. EPA) announced multiple final amendments to the Other Solid Waste Incinerators (OSWI) standards based on its review of 40 CFR Part 60, Subparts EEEE and FFFF required by Clean Air Act (CAA) section 129(a)(5). These guidelines cover new and existing “other” solid waste incineration units not otherwise governed by CAA section 129.

What Units do These Rule Changes Affect?

• Very small municipal waste combustors (VSMWC) used by any state, local, or tribal governments, and industrial or commercial facilities
• Institutional waste incinerators (IWI) used by correctional institutions
• OSWI units used by any of the following: nursing or residential care facilities, federal government agencies, educational institutions, churches and convents, and civic or religious organizations

These changes do not affect any other incineration or combustion units referenced in CAA section 129.

What are the Key Changes?

In the final amendments, the focus of the “municipal solid waste” definition shifts from where waste is collected to the source and type/nature of the waste. This change allows for small commercial or industrial incinerators that combust a minimum of 30% municipal solid waste (MSW) to be held to OSWI requirements, and not the MSW rules. Similarly, small remote incinerators that combust 30% or more MSW are now subject to OSWI standards. The final rule also defines “rudimentary combustion devices” to address common challenges with operating small, primitive incinerators that cannot adhere to the latest emissions and testing standards (most are not equipped with stacks). However, the rule does not set standards for these devices, meaning any state or local standards will continue to apply.

The final rule creates additional subcategories for VSMWC and IWI units based on combustion capacity in tons per day (TPD). The units that have a capacity below 10 TPD can use Substitute Means of Compliance Demonstration (SMCD) to reduce the financial and technical challenges associated with testing some smaller units. The finalized SMCD includes an option for using a “representative” initial compliance demonstration, found in U.S. EPA’s WebFIRE Database. Continuous compliance for VSMWC and IWI units with a capacity less than 10 TPD can be demonstrated using an Alternative Waste Characterization (AWC) option, also finalized in this rule, that requires additional recordkeeping and reporting. See the following table for a breakdown of the new subcategories and the respective capacities.

New Subcategories for VSMWC and IWI Based on Combustion Capacity

The new subcategories also include new emissions limits for units with a capacity less than 10 TPD of solid waste. The emissions limits were published by U.S. EPA in These updated emissions limits better reflect actual emissions data provided by industry.

What Can ALL4 Do to Help?  

Navigating changes to and applicability of regulatory proceedings can be a difficult task, but ALL4 is here to help. For assistance with or questions in regard to the amended OSWI standards, please contact Molly Palmer at mpalmer@all4in.com or Amy Marshall at amarshall@all4inc.com.

Final Tennessee Multi-Sector General Permit for Industrial Stormwater Discharge

What is the TMSP?

The Tennessee Multi-Sector General Permit (TMSP) authorizes industrial stormwater discharges to waters of the State of Tennessee from industrial applicable and covered facilities. The previous TMSP expired on June 30, 2025, and the Tennessee Department of Environment and Conservation (TDEC) issued a replacement permit that became effective July 1, 2025.

What’s New?

The TMSP replacement permit is a hybrid between the current TMSP and the United States Environmental Protection Agency’s (U.S. EPA) 2021 multi-sector permit.

The replacement permit includes:

• What is deemed to be the most effective language and permitting mechanisms from both permits in a single document,
• New benchmark concentrations for pollutants,
• Updated requirements for Sector AF (Industrial Activity from Borrow Pits, Soil Harvesting Sites, and Spoil Piles) to include water quality buffer requirements, and
• New electronic reporting requirements for Notice of Intent (NOI) and Notices of Termination (NOTs) forms.

More information on the TMSP updates can be found in our previous blog. The redline version of the differences between the draft permit and final permit after public comment can be viewed on the TDEC website.

Now What?

If your Facility currently has TMSP coverage, you should have received information about submitting a digital NOI form via MyTDEC Forms when the new permit was issued. Existing permitted facilities must submit an NOI, a map meeting the requirements of Section 2.2.1 of the TMSP, and review and update Stormwater Pollution Prevention Plan (SWPPP) (optional) no later than 91 days after the permit effective date (September 30, 2025). New facilities without TMSP coverage should submit NOI at least 30 calendar days prior to commencing discharge. More information on TMSP coverage can be found here on the TDEC website.

If you need assistance determining how the new TMSP may impact your facility operations or need help developing an NOI or updating your SWPPP, please reach out to Peyton Rodgers at prodgers@all4inc.com for assistance.

Arizona is Peerless, Her Breezes are Soft, and Her Aquifer Water Quality Standards are Newly Updated

On June 4^, 2025, the Arizona Department of Environmental Quality (ADEQ) announced that the Governor’s Regulatory Review Council (GRRC) has approved updated Aquifer Water Quality Standards (AWQS). Four new AWQS have been added for bromate, chlorite, haloacetic acids (HAAs), and uranium, and three existing AWQS have been modified, those for arsenic, microbiological contaminants, and total trihalomethanes.

AWQS are intended to protect Arizona’s aquifers, the state’s largest source of drinking water. AWQS are enforced through Arizona’s Aquifer Protection Permits (APPs), which are required for any facility that discharges pollutants where there is a reasonable probability the pollutant will reach an aquifer. These new rules will go into effect on August 4, 2025. Mines, industrial facilities, and wastewater treatment plants were specifically identified as types of facilities that may be impacted.

Although APPs are valid for the life of the facility, a majority of the roughly 500 APP permit holders will be required to revise their permit with the newly updated AWQS. ADEQ has released an implementation schedule by which they plan to revise all permits affected by the new rule on or before August of 2029. APP permit holders should have received notice of this required amendment from ADEQ in June of 2025, including which phase of the implementation they will be included in.

Baseline Monitoring Requirements

Arizona Administrative Code (A.A.C.) R18-9-A215(C) requires holders of individual permits to begin Baseline Monitoring for new or updated AWQS by November 4, 2025, unless they meet one of the following conditions:

• The permit has no ongoing monitoring requirement;
• The permittee has not begun ongoing monitoring;
• The permittee has submitted an Alternative Baseline Modeling Request; or
• The permittee has submitted an “Unlikely to be Present in Discharge Demonstration”.

Baseline monitoring requirements will depend on the existing monitoring requirements in the current APP. Permits with only discharge monitoring will sample once a month for one year (12 samples total), while permits with only groundwater monitoring requirements will sample quarterly for two years. Permit holders with no discharge or groundwater monitoring requirements are asked to meet with ADEQ as a discharge characterization may be necessary. Sampling must be conducted using the Arizona Department of Health Services approved methods summarized in the following table:

What Are My Next Steps?

• Closely read all communications from ADEQ regarding the implementation schedule. You should receive both email and physical notifications about your assigned phase. Phase assignments are posted on the ADEQ website: https://azdeq.gov/rulemaking/awqs-update/resources
• Schedule a pre-application meeting with ADEQ, especially if your facility is included in phase 1. You can schedule a meeting by filling out the form located here: https:/a/azdeq.gov/aquifer-protection-permit-app-pre-application-meeting-request
• Assess whether your facility should submit an alternative baseline monitoring request. If you would like to conduct monitoring on an alternative timeframe, duration, or frequency, you must submit a request to do so within three months of the new AWQS effective date (November 4, 2025). It is best practice to schedule a meeting with ADEQ before submitting an alternative baseline monitoring request to ensure alignment with the agency.
• Assess whether your facility should complete an “Unlikely to be Present in Discharge Demonstration”. If one or more of the pollutants for which there is an AWQS is unlikely to be present in your facility’s discharge, you can remove it from your Baseline Monitoring requirements by doing this.
• Discuss the updated AWQS with your on-site or contract laboratory to ensure the detection limits of the methods are calibrated to provide meaningful data with the lower limits.

If you’d like assistance preparing a monitoring or permitting strategy, applying for an amendment, completing any work associated with these changes, or have any questions about this update or the actions your facility needs to take, please do not hesitate to reach out to me at kblackmon@all4inc.com, or to my colleague Andrew Kelley at akelley@all4inc.com.

Combustible Dust – NFPA 660 is Here

The National Fire Protection Association (NFPA) issued a new, consolidated standard for Combustible Dusts and Particulate Solids as NFPA 660 (effective December 6, 2024). A combustible dust is any finely divided solid material that presents a flash fire or explosion hazard when suspended in air or other oxidizing medium. The United States Chemical Safety Board identified¹ more than 250 combustible dust incidents between 1980 and 2005 resulting in over 100 fatalities and more than 700 injuries. Combustible dust incidents, including flash fires and explosions, can also result in catastrophic damage to industrial facilities and the surrounding community.

Legacy NFPA Standards

NFPA 660 brings together all previous standards, identified below, into a single document, unifying terminology and addressing inconsistencies between the general fundamentals standard and those specific to certain industries or materials. While it does not significantly alter compliance requirements, it provides clearer guidance to help companies across various sectors better protect their workers and facilities. For example, NFPA 660 establishes vacuuming as the preferred housekeeping method. In contrast, NFPA 664 did not specify a preferred method.

Facility Obligations

NFPA 660 requires facilities to revalidate their Dust Hazard Analyses (DHA) every five years. Under previously applicable standards for general industrial facilities, sulfur processing facilities, and wood processing/woodworking facilities required these facilities to complete a DHA by September 7, 2020; therefore, the five-year window is rapidly closing. Agricultural and food processing facilities were last required to complete a DHA by January 1, 2022.

A DHA is a systematic review to evaluate potential for a flammable atmosphere, fire, flash fire, and explosion hazards associated with combustible dust generated or processed at a facility.

Chapter 7 of NFPA 660 establishes requirements for DHAs. Items to consider as part of a DHA include:

• Hazard Identification;
• Identification of safeguards in place to manage fire, deflagration, and explosion risk; and
• Recommendations for additional safeguards, if appropriate.

Chapter 8 of NFPA 660 establishes management system requirements including the following elements:

• Operating procedures;
• Housekeeping;
• Hot work permit program;
• Personal protective equipment;
• Inspection, testing, and maintenance;
• Contractor requirements;
• Incident investigations;
• Management of change; and
• Management system review.

While NFPA 660 is a voluntary standard, it is commonly incorporated by reference, thus becoming a facility requirement by:

• The Occupational Safety and Health Administration (OSHA) under the General Duty Clause;
• Insurance providers during risk evaluation; and
• Local fire authorities or Authorities Having Jurisdiction (AHJ), under the International Fire Code or state local equivalent.

ALL4 has provided support for DHA combustible dust hazards mitigation to facilities using an established process that meets both regulatory expectations and client operational needs, including:

1. On-site review focused on dust-generating operations;
2. Identification and ranking of potential deflagration hazards;
3. Evaluation of existing controls and recommended actions; and
4. Documentation to support regulatory, insurer, and internal review

The clock is ticking on the five-year revalidation window. It is critical to initiate the process as soon as possible to allow for sufficient time for scheduling, internal coordination, and implementation of any recommended measures before regulatory or insurance reviews occur. If you are interested in learning how NFPA 660 may affect your facility, please contact your ALL4 project manager or Michael McHale at 610.422.1131 or mmchale@all4inc.com.

¹https://www.csb.gov/recommendations/mostwanted/combustibledust/

Planning Ahead: Upgraded California Environmental Reporting System Coming Out Soon

Out with the old and in with the new: the California Certified United Program Agency (CUPA) has announced that they are retiring the current California Environmental Reporting System (CERS) software because it will no longer be supported. CUPA plans to upgrade one regulatory program beginning in 2026 and to upgrade the remaining programs beginning in 2027 thanks to a grant that California Environmental Protection Agency (CalEPA) has received. In addition to the new software, called CERS NextGen, CUPA plans to add in some additional requirements that facilities will need to report. Facilities should start planning for additional effort while preparing their Hazardous Materials Business Plan (HMBP) and other CERS reports for 2026 and 2027.

Beginning in 2026: Underground Storage Tank (UST) Program Required to use NextGen

• Every UST will have its own profile and ID with the technical specifications.
• New fields will be required, including:
  • Sensor and Monitoring information
  • Designated Operating information
• The system has the capability for Veedor Root Monitoring System data to be uploaded.

Beginning in 2027: All CERS Reporting Programs Required to use NextGen

Starting in 2027, the rest of reporting programs utilizing CERS will be transitioned into the new software. CERS reporting programs include:

• HMBP
• Aboveground Petroleum Storage Act Program (APSA)
• California Accidental Release Program (CalARP)

CUPA has not released any information on changes to the APSA and CalARP programs. However, with the new system, CUPA is implementing new requirements to the HMBP program, including but not limited to:

• Reporting by location (and not just by material) – multiple form entries will be required when a chemical is stored in multiple buildings at a facility.
• Reporting additional data fields (some were previously optional) –
  • Chemicals will require: name, CAS #, federal hazard category, and quantity.
  • Mixtures will require: common name, name of components, CAS # of components, federal hazard category, max weight percent by safety data sheet (SDS), and quantity.
  • Wastes will require: common name, California waste code, CAS # of components, and quantity.

Other Software Changes to Note:

• Every CERS user will be required to log in once per year to retain the account as part of an increased security routine.
• The Contingency Plan Template is being phased out and it will no longer be provided. The system will provide data entry fields into the system or allow a document that meets the requirements to be uploaded.
• Due dates will be visible in the system (previously they were not provided).
• Automatic reminder notifications will be provided (previously they were not provided).
• CERS ID will now be the owner and address specifics to reduce workload around new businesses.
• Return-to-Compliance activities will now be tracked in CERS.

How to Prepare:

• Evaluate which programs your facility uses in CERS.
• Allocate additional time ahead to prepare your report in the new software according to the deadlines.
• Evaluate and reorganize how the HBMP materials are reported by location.
• Evaluate what additional information you need to obtain from safety data sheets.
• Evaluate exporting data from CERS ahead of the transition. CUPA will be migrating seven years of data from the existing system over to CERS NextGen but also recommends verifying everything was migrated correctly.
• Review and update what users have access to your facility and establish a routine for deadline tracking and account management.
• Explore the CERS NextGen website to stay up to date on upcoming workshops and updates.

If you have any questions or would like help preparing or reporting in CERS, please reach out to Meredith Pedraza mpedraza@all4inc.com or Madison Jones at mjones@all4inc.com.

OSHA Renews and Updates Amputations in Manufacturing National Emphasis Program

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced on June 26, 2025, in a National News Release, the renewal of its Amputations in Manufacturing Industries National Emphasis Program (NEP) aimed at mitigating the risk of amputations in manufacturing environments. This initiative continues OSHA’s long-standing effort to reduce serious workplace injuries associated with mechanical equipment, particularly those that involve improper machine guarding and uncontrolled hazardous energy.

Focus of the Manufacturing Amputations NEP

The renewed NEP focuses on proactively identifying and addressing conditions in manufacturing facilities that present a heightened risk for amputations. OSHA will carry out programmed inspections of establishments in selected manufacturing sectors to evaluate compliance with relevant safety standards. The renewed NEP on Amputations in Manufacturing applies to:

1. Manufacturing Establishments

Specifically, those classified under certain updated NAICS (North American Industry Classification System) codes identified by OSHA as high-risk for amputation hazards. These codes cover a range of manufacturing sectors such as:

• Automobile manufacturing
• Metal fabrication
• Food processing
• Wood product manufacturing
• Plastics and rubber products
• Ship building and repairing
• And others where mechanical equipment is commonly used.

2. Facilities Using Hazardous Machinery

Any manufacturing facility that is subject to Machine Guarding (29 CFR §1910.212) requirements that operates machinery with exposed moving parts, cutting tools, presses, or conveyors that could cause amputation injuries during operation, servicing, and maintenance.

3. Facilities Using Lockout/Tagout (LOTO)

Any manufacturing workplaces with equipment that requires energy control procedures under 29 CFR §1910.147, Control of Hazardous Energy (Lockout/Tagout).

The inspections will assess procedures during the operation, servicing, and maintenance of equipment, particularly where workers may be exposed to moving machine parts or stored energy.

Program Updates

Key updates in the renewed NEP include:

1. Revised NAICS Codes: The list of targeted NAICS codes has been updated to reflect current industry risk profiles. These codes identify establishments more likely to operate machinery that poses amputation hazards. There are 91 six-digit NAICS codes that are listed in Appendix B of the NEP Directive. Codes that were not included under the 2019 Amputations NEP are marked with asterisks. There are also some NAICS that were covered under the 2019 Amputations NEP, which are no longer included in the June 2025 publication.
2. Exemption Criteria: Facilities that underwent an NEP inspection within the past 24 months and did not report an amputation incident may now be excluded from the programmed inspection list. This change is designed to reduce redundancy and prioritize higher-risk locations.
3. OSHA Information System Modifications: Updates to internal coding procedures have been implemented to improve tracking, data collection, and evaluation of NEP activities.

Implementation Timeline – NOW

The renewed NEP is set to take effect immediately upon the expiration of the current program on June 27, 2025. The updated directive will remain active for five years from the effective date, unless extended or modified.

Industry Implications

Manufacturers should review their current machine safety and energy control programs to ensure full compliance with OSHA requirements. Emphasis should be placed on:

• Verifying that all machinery is adequately guarded

• Ensuring that lockout/tagout procedures are clearly documented and rigorously followed

• Training employees on the safe operation and maintenance of equipment

Facilities falling under the updated NAICS code list, located in Appendix B of the 2025 NEP Directive, should be especially prepared for potential inspections under this NEP.

Enforcement Actions

In 2024, OSHA conducted 34,625 inspections comprising of 17,455 unprogrammed and 17,170 programmed inspections. Unprogrammed inspections include those initiated by employee complaints, injuries/fatalities, and referrals. Programmed inspections are those initiated by emphasis programs like the Amputations in Manufacturing NEP, to OSHA’s enforcement resources on industries and operations where known hazards exist (e.g., heat, respirable silica, combustible dusts, chemical processing, ship-breaking, and falls in construction). As illustrated in the OSHA Inspection Activity table below, Programed Inspections focusing on NEPs have steadily risen year over year. Employers should pay special attention to the NEPs that apply to their workplace and proactively mitigate hazards to prevent workplace injuries, illnesses, and fatalities.

We’re Here to Help

Navigating OSHA regulations can be overwhelming, but you do not have to do it alone. Our team at ALL4 specializes in helping employers evaluate compliance, reduce risk, and build successful health and safety programs.

If you are unsure whether your business may be targeted or you just want to be prepared contact us for a health and safety assessment or to schedule a mock inspection. If you have any questions related to OSHA or the 2025 Manufacturing Amputations NEP, please reach out to Victoria Sparks, CSP at 859-447-9156 or vsparks@all4inc.com.

Recent Congressional Review Act (CRA) Activity

This article is a brief update on recent developments related to Congress’s disapproval of a few Biden administration air quality-related rules. The Congressional Review Act (CRA) was passed into law in 1996 to strengthen congressional oversight of federal agencies’ rules. It gives power to Congress and the President to disapprove major rules issued by federal agencies during the last 60 legislative or session days. Once a rule has been disapproved, the CRA prohibits an agency from issuing a rule that is “substantially the same.” Congress, in conjunction with the new administration, has recently taken several actions to disapprove rules enacted in 2024 under the Biden Administration and send both state and federal agencies back to the drawing board.

Methane Fee Rule

One of the first rules targeted by Congress through the CRA was the U.S. Environmental Protection Agency’s (U.S. EPA) methane waste emissions charge (WEC) implementation rule under the Inflation Reduction Act (IRA). The WEC rule was set to require oil and gas facilities to pay a fee based on excess emissions over U.S. EPA’s existing methane standards. The fee was to be phased in starting with emissions from year 2024; however, in late February Congress approved the rollback of the WEC which was signed by the President in mid-March. The recently signed budget reconciliation package delays implementation of the IRA’s methane fee requirement by 10 years.

Reclassification of Major Sources

Last year, Amy Marshall (ALL4’s Air Quality Practice Director) wrote an article on the U.S. EPA September 2024 rule updating a 2020 rule that allowed major sources of hazardous air pollutants (HAP) to reclassify as an area source (known as the Major MACT to Area (MM2A) rule. The 2024 rulemaking prevented major sources subject to one or more of approximately 30 rules from avoiding applicability of major source standards by reclassifying as area sources. The President signed a CRA resolution on June 20^th effectively scrapping the September 2024 restrictions and reverting major source to area source reclassification back to the 2020 MM2A framework. Litigation on the 2020 rule that was paused while U.S. EPA developed the 2024 amendments is now expected to resume.

Standards for Rubber Tire Manufacturing

In November of 2024, U.S. EPA finalized changes to the National Emission Standards for Hazardous Air Pollutants (NESHAP): Rubber Tire Manufacturing rule. Ben Johnson summarized those changes in a previous blog, which primarily consisted of numeric emissions limits on total hydrocarbons (THC) and filterable particulate matter (fPM, serving as a surrogate for organic and metallic HAP) from the rubber mixing process, along with continuous monitoring. However, in late May the President signed a CRA resolution sending U.S. EPA back to the drawing board to re-evaluate whether it is necessary to regulate HAP emissions from the rubber mixing process, and what HAP regulations might look like.

Waivers for California Vehicle Emissions Programs

Although the Clean Air Act (CAA) generally preempts states from setting their own vehicle emissions standards, Section 209 of the CAA provides an exemption, allowing U.S. EPA to grant waivers to the state of California. In the waning days of the previous administration, U.S. EPA granted several waivers to California for California’s Advanced Clean Cars II (ACC II) rule, Heavy-Duty Low Nitrogen Oxides (NOx) Omnibus rule, and other rules and amendments related to emissions from vehicles and mobile sources. In April, the U.S. House of Representatives voted to disapprove waivers for the ACC II, the Heavy-Duty Low NOx Omnibus Rule, and California’s Advanced Clean Trucks Rule. The Senate voted to rescind the waivers in May, and the President added his signature in June. It is unclear how California will achieve improvements in air quality without the ability to directly require reductions in emissions from mobile sources, but indirect source rules that require emissions reductions from mobile sources associated with warehouses could become more important.

Moving Forward

If you have followed rule development for any amount of time, you know that almost nothing is final until it has made its way through the courts, and such is the case here. In response to disapproving the California waivers, several states, including California, have filed suit in the U.S. District Court for the Northern District of California, challenging the constitutionality of the actions. The outcome of this litigation is anticipated to affect not just the California waivers, but how Congress and the administration can implement the provisions of the CRA in the future. Additionally, we are waiting to see how U.S. EPA will respond to the CRA resolution for Rubber Tire Manufacturing – for instance, will U.S. EPA interpret Congress’s actions to mean that it is no longer necessary to set standards for rubber mixing? Or will U.S. EPA try to develop a completely new set of standards for rubber mixing? And if the Agency does develop new standards, will they be challenged on their similarity to the previous rulemaking?

Disapproval under the CRA has been used sparingly since its inception, and this is the first time CRA disapproval has been used on a NESHAP, so it will be interesting to see the outcome. The CRA does not define the meaning of “substantially the same” or state who should make such a determination. To date, only two rules (neither issued by U.S. EPA) have been reissued following disapproval under the CRA, and in both cases, the agencies issuing the rule looked at the specific objections and focused on changing those aspects of each rule when reissuing them.

If your facility was affected by one of these rules and you are wondering what the future implications might be, please reach out to me, Philip Crawford, or your ALL4 project manager to start a conversation.

Waters of the United States Reconsidered: Listening Sessions

Listening Sessions & Public Input: U.S. EPA & U.S. Army Corps for “Waters of the United States”

The U.S. Environmental Protection Agency (U.S. EPA) in a press release on June 17, 2025, announced the completion of the initial listening sessions held by the U.S. EPA and U.S. Army Corps of Engineers (USACE) to gain input from the general public and stakeholders on the decision to review the definition of “waters of the United States” (WOTUS). U.S. EPA and USACE (Agencies) have been granted authority via the Clean Water Act (CWA) to define WOTUS in U.S. regulations because the CWA does not provide a definition for WOTUS. The CWA instead provides approved jurisdictional determinations and delegates authority to the Agencies to define WOTUS in regulations. See our previous blog on the March 12, 2025 press release on U.S. EPA’s decision to reconsider WOTUS.

Written Recommendations

As part of the original press release in March 2025, the Agencies provided information on how to provide feedback on the definition of WOTUS as part of a 30-day recommendation public docket, and at least six listening sessions. The submitted written recommendations are now available to the public under Docket ID No. EPA-HQ-OW-2025-0093. Feedback received on reconsidering the definition of WOTUS has varied amongst those responses received as part of the written recommendations, with over 4,000 comments submitted thus far.

Public Listening Sessions

In late April through May 2025, the Agencies held listening sessions for states, tribes, industry and agricultural stakeholders, environmental and conservation stakeholders, local governments, the public, and small business stakeholders. These listening sessions were both web-based and in-person conferences for the public or organizations to provide verbal recommendations during these sessions.

The listening sessions schedule of past sessions is posted on U.S. EPA’s Public Outreach and Stakeholder Engagement Activities (Outreach) page. Additionally, those listening sessions were recorded and will be posted to the Outreach page, as was done previously for the 2023 Sackett ruling, once available.

Next Steps

Following feedback from the listening sessions and written recommendations, U.S. EPA and USACE intends to propose an updated rule to more clearly define the definition of WOTUS with the intent to reduce costs and reduce confusion over the definition of WOTUS within the next few months. ALL4 will be following these updates and will provide updates as necessary. Public comment will be made available on the proposed rule, with the intent of finalizing the final rule for the definition of WOTUS by the end of 2025.

If you have any questions or would like assistance in evaluating how your individual permits may be impacted regarding the reconsideration of the WOTUS under the CWA, please reach out to me at cnagel@all4inc.com. ALL4 will continue to track updates to additional guidance or rulemaking regarding the definition of WOTUS, as the determinations may impact future permitting decisions with regard to wetlands as part of WOTUS.

Are You in the Know on the Refrigerant Rules?

On January 1, 2026 facilities with refrigeration appliances, including air conditioners, refrigerators, chillers, and freezers, with a full charge of 15 pounds or more of refrigerant may be subject to new leak repair requirements under 40 CFR Part 84, Subpart C (Management of Regulated Substances). Limitations on types of refrigerants that may be used in new installations, existing system rebuild restrictions, and new labeling requirements will be rolling out in the coming years under 40 CFR Part 84, Subpart B (Restrictions on the Use of Hydrofluorocarbons). Additionally, fire suppression equipment containing refrigerants will be subject to new regulations.

What does it mean?

Refrigeration appliances that have a full charge of 15 pounds or more and contain a regulated substance or a substitute for a regulated substance with a global warming potential (GWP) great than 53 will be subject to leak repair provisions. Regulated substances and substitutes with a GWP of over 53 include hydrofluorocarbons (HFC) like R-134a and blends of HFCs like R-410A or R-407C.

Facilities will need to identify, inventory, and categorize existing appliances. Certified technicians will be needed to conduct repairs and maintenance on regulated appliances.

Appliances with 15 pounds or more refrigerant at facilities will be subject to:

• Leak rate calculations and tracking, including chronic leak determinations,
• Leak repair timelines,
• Initial verification testing and follow-up testing after leaks,
• Routine leak inspections,
• Retrofit and retirement planning, and
• Recordkeeping and reporting.

Prior to January 1, 2026, facilities will need to review plans for new installations based on the type of refrigerant and purpose of the appliance. Installation deadlines are in place for new light commercial air-conditioning and heat pump systems, comfort cooling systems, cold storage warehouse systems, industrial process refrigeration systems, and chillers. Appliance rebuilds will need to be scrutinized for potentially triggering being classified as a new installation and face limits on type of refrigerant used.

Starting January 1, 2026 facilities will need to utilize trained fire suppression technicians for installations, maintenance, repairs, and disposal of fire suppression equipment that contain refrigerant. Prohibitions on venting or release of refrigerants, system testing and documentation requirements, and recycling and recovery equipment standards will also go into effect on January 1, 2026.

What’s Next?

Do you need support understanding compliance requirements, updating your refrigerant management program, or preparing training? ALL4 provides support for refrigerant management and compliance, including:

• Inventory development,
• Leak rate tracking and chronic leak reporting,
• Retrofit and retirement plan development,
• Project planning and purchasing guidance for future installations and rebuilds,
• Refrigerant Management Plans,
• Employee awareness training, and
• Refrigerant program compliance assessments.

If you have questions about how Part 84, Subpart B or Subpart C could affect your facility compliance, or what your next steps should be, please reach out to me at mdabrowski@all4inc.com. ALL4 continues to monitor all updates published by the U.S. Environmental Protection Agency (EPA) on this topic, and we are here to answer your questions and assist your facility with any aspects of environmental compliance.