EPA Rescinds 2009 Endangerment Finding: What Industrial Facilities Should Know
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On February 12, 2026, the EPA finalized the rescission of the 2009 Endangerment Finding under Section 202(a) of the Clean Air Act (CAA), concluding that this Section does not provide statutory authority to regulate greenhouse gas (GHG) emissions from motor vehicles for climate purposes (“the February 2026 Rescission”).1 This action follows a multi-agency review initiated in early 2025. The agency has further stated its intent to reconsider all regulations that rely on the Endangerment Finding, including those GHG provisions promulgated under Section 111 of the CAA.
What Has Been Proposed and Changed for Industrial Sources
While the February 2026 Rescission directly addresses only mobile sources, it signals a broader shift in federal GHG regulatory policy.
The EPA has proposed or finalized several actions affecting industrial facilities:
On September 12, 2025, EPA proposed permanently removing GHG reporting obligations under 40 CFR Part 98 all source categories, except for Subpart W (reporting delayed until RY2034), including petroleum refineries, power plants, and most other industrial facilities.
Rescinded the Waste Emissions Charge (WEC) that would have imposed fees on methane emissions from oil and gas facilities.
Initiated regulatory shift for stationary sources under Section 111, including pursuing to repeal all GHG emissions standards for the power sector.2
Finalized on December 3, 2025, extended compliance deadlines for oil and natural gas facilities under NSPS OOOOb/c.3
Timing and Legal Considerations
Any comprehensive repeal of GHG regulations for stationary sources would require successful defense of the February 2026 Rescission against inevitable litigation before it can pursue a similar challenge to the Section 111 authorities that underpin NSPS rules. With less than three years remaining in the current presidential term, some regulatory reconsiderations may extend beyond this administration.
The Bottom Line
While the rescission signals a shift in regulatory direction, final outcomes will depend on rulemaking completion and court decisions. Most stationary source requirements remain in place today. Facilities should avoid assuming immediate elimination of GHG-related obligations.
Alliance continues to monitor federal and state regulatory developments closely. If you have questions about how these proposed changes may affect your facility, our team can help assess your current obligations and planning considerations.
