EPA Announces Reassessment of the 2023 Subpart Ba Rule

EPA is reassessing the 2023 final rule in which it amended the implementing regulations located in 40 CFR part 60 subpart Ba (88 FR 80480, Nov. 17, 2023). Subpart Ba provides general provisions for State Plans for existing sources of air pollution regulated under Clean Air Act Section 111(d).

The 2023 amendments to Subpart Ba were promulgated in part in response to the D.C. Circuit’s vacatur of certain timelines related to state and federal plans that were contained in a previous iteration of the implementing regulations (84 FR 32520, July 8, 2019).

The components of the rule the EPA plans to reassess include, but are not necessarily limited to, the timelines related to state and federal plans, the regulations governing consideration of remaining useful life and other factors, and the regulatory mechanisms for state plan processing.

EPA intends to issue a Federal Register notice initiating public review and comment on any proposed changes to the 2023 final rule.