On March 12, the US Environmental Protection Agency (EPA) announced “31 historic actions in the greatest and most consequential day of deregulation in U.S. history.” These actions move to reconsider, and likely reverse, actions from the Biden administration as well as earlier EPA actions dating back to at least 2009. These actions are summarized in a general press release, and accompanied by more than 20 additional releases announcing specific actions; most involve the Clean Air Act (CAA). EPA links these initiatives to President Trump’s latest executive orders (EOs) and policy initiatives (I wrote about the EOs HERE and HERE). In earlier notes I addressed many of the regulatory and policy actions that will now be reconsidered. )
What actions is EPA initiating?
The general press release presents a list of actions – readers should note I’m presenting them in order but have edited them to present “just-the-facts” words without the agency’s advocacy language (links to the original appear at the end of this note.
Unleashing American Energy
- Reconsider various CAA power plant regulations of GHG emissions (Clean Power Plan 2.0)
- Reconsider oil and gas industry regulations (OOOO b/c)
- Reconsider CAA Mercury and Air Toxics Standards that targeted coal-fired power plants (MATS)
- Reconsider mandatory Greenhouse Gas Reporting Program (my most recent note is HERE)
- Reconsider Clean Water Act (CWA) effluent limitations, guidelines and standards (ELG) for the Steam Electric Power Generating Industry (Steam Electric ELG)
- Reconsider wastewater regulations for coal power plants (Oil and Gas ELG)
- Reconsider CAA Risk Management Program (RMP) rule (My most recent note is HERE)
Lowering the cost of living for American families
- Reconsider vehicle greenhouse gas (GHG) rules that promoted electric vehicles (light-duty, medium-duty, and heavy-duty vehicle regulations (My most recent note is HERE)
- Reconsider 2009 GHG “Endangerment Finding” and regulations and actions that rely on that Finding
- Reconsider Technology Transition Rule (which further restricted use of hydrofluorocarbons)
- Reconsider Particulate Matter National Ambient Air Quality Standards (PM 2.5 NAAQS)
- Reconsider multiple National Emission Standards for Hazardous Air Pollutants (NESHAPs) for American energy and manufacturing sectors (beginning with integrated iron and steel manufacturing, rubber tire manufacturing, synthetic organic chemical manufacturing industry, commercial sterilizers for medical devices and spices, lime manufacturing, coke ovens, copper smelting, and taconite ore processing)
- Restructure CAA Regional Haze Program
- Overhaul use of “Social Cost of Carbon” in cost-benefit analyses
- Redirect enforcement resources “to EPA’s core mission” (Enforcement Discretion)
- Terminate EPA’s Environmental Justice and Diversity, Equity and Inclusion arms (EJ/DEI)
Advancing cooperative federalism
- End CAA “Good Neighbor Plan” affecting State Implementation Plans
- Work with states and tribes to resolve backlog with CAA State Implementation Plans and Tribal Implementation (SIPs/TIPs)
- Reconsider CAA Exceptional Events rulemaking
- Reconstitute Science Advisory Board and Clean Air Scientific Advisory Committee (SAB/CASAC)
- Prioritize coal ash program to expedite state permit reviews and update coal ash regulations (coal combustion residuals (CCR) Rule)
- Utilize enforcement discretion to further North Carolina’s recovery from Hurricane Helene
Other actions not listen in the general press release
- Revise CWA “Waters of the US” rule (my most recent note is HERE)
What happens now?
EPA will now initiate formal actions to pursue these activities – firing or transferring people in disfavored programs, creating or revising internal and public or interagency working groups. opening or reopening rulemakings, etc. The timelines for these efforts will vary, and litigation can be expected to follow many of EPA’s revisions.
Self-assessment checklist
Does the organization operate facilities subject to permits issued by EPA or the state, under direct or delegated authority of federal environmental laws (Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA), etc.)?
Does the organization manufacture, import or distribute chemical substances subject to TSCA?
Is the organization subject to cleanup requirements under direct or delegated authority of federal environmental laws (Superfund, RCRA, etc.)?
Does the organization participate in EPA-sponsored voluntary programs subject to elimination?
Where can I go for more information?
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com