Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”).

Federal agencies twice a year produce in combination a comprehensive report describing regulations currently under development or recently completed.

The United States Environmental Protection Agency (“EPA”) agency report is included in this document. Items addressed in EPA’s portion of the document include:

  • Improving Air Quality (referencing continued development of National Ambient Air Quality Standards as directed by the Clean Air Act)
  • Electric Utility Sector Greenhouse Gas Rules (continued review of the Clean Power Plan suite of actions issued by the previous Administration affecting fossil fuel-fired electric generating units)
  • Light-duty Vehicle Mid-Term Evaluation (intent to make a Final Determination regarding appropriateness of the MY 2022-2025 Greenhouse Gas Standards no later than April 1, 2018)
  • New Source Review/Title V Permitting Programs Reform (examination of permitting programs reforms)
  • Ozone National Ambient Air Quality Standard Implementation Revisions (referencing potential revision of the Exceptional Event Rule)
  • Improving Water Quality (working with state/tribal partners to develop new/innovative strategies in addition to more traditional regulatory approaches
  • Waters of the United States (referencing plan to propose a new definition)
  • Effluent Limitation Guidelines and Standards for the Steam Electric Power Generating Point Source Category (postponement of the effective date of rule and potential reconsideration)
  • National Primary Drinking Water Regulations for Lead and Copper (review of the rule)
  • Cleaning up Communities and Advancing Sustainable Development
  • Coal Combustion Residuals Review (consideration of rule provisions remanded by the D.C. Circuit Court of Appeals as well as issues raised in a 2017 petition, along with issues raised by stakeholders)
  • Reconsideration of the Accidental Release Prevention Regulations under Clean Air Act (possible reconsideration of the rule)
  • Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residues from Electric Utilities: Remand Rule (plans to modify final rule)
  • Clean Water Act Hazardous Substances Spill Prevention (Rulemaking for the Prevention of Hazardous Substances Discharges under the Clean Water Act including costs and benefits of potential preventive regulatory requirements)
  • Ensuring the Safety of Chemicals in Preventing Pollution
  • Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation (discussion of agency efforts to carry out the requirements mandated by amendments to the Toxic Substance Control Act)
  • Reconsideration of Pesticide Safety Requirements (possible revisions to rules)

A copy of EPA’s report can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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