BLR® Legal Editor, Tim Fagan, tells us that in 2012, EPA will continue to regulate air emissions from the largest sources of pollution, as the Cross-State Air Pollution Rule controlling NOx and SO2 from power plants will go into effect (pending resolution of the D.C. appeals court stay of the rule); the utility MACT controlling mercury emissions from power plants will be final; and GHG standards for boilers and refineries are expected.
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However, significant regulatory actions will be met with substantial opposition and litigation as critics, especially in an election year, present their case that EPA’s over-regulation is stifling the country’s economic recovery. Also, possibly, expect some revisions to NSR/PSD regulations, to the GHG reporting requirements as the kinks continue to be worked out of this relatively new program, and to certain NESHAPs as more residual risk reviews are completed.