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Major EPA Deregulatory Actions Announced

Mar 13

On March 12, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced as the "greatest and most consequential day of deregulation in the history of the United States". This initiative involves 31 actions aimed at reconsidering and potentially rolling back numerous environmental regulations. The stated goals of these actions are to unleash American energy, lower the cost of living for American families, revitalize the American auto industry, restore the rule of law, and give power back to the states.


Key Areas of Regulatory Reconsideration:

Administrator Zeldin highlighted several critical areas where changes are being pursued. These are likely to have significant implications for various industries:


Energy Sector: 

  • Clean Power Plan 2.0: Reconsideration of regulations on power plants that aimed to shift the nation's electrical fuel mix. The goal is to ensure affordable and reliable electricity.

  • Mercury and Air Toxics Standards (MATS): Review of regulations that targeted coal-fired power plants. The administration aims to avoid shutting down affordable energy sources.

  • OOOO b/c Regulations: Reconsideration of rules affecting the oil and gas industry. The focus is on energy production and reducing burdens on producers.

  • Greenhouse Gas Reporting Program (GHGRP): Review of the mandatory program requiring emissions reporting, with the aim of reducing costs for businesses.

  • Effluent Limitations Guidelines (ELG): Reconsideration of water pollution limits for coal power plants and wastewater regulations for oil and gas extraction to lower energy costs and support water reuse.

  • Risk Management Program (RMP) Rule: Review of the rule for oil and natural gas refineries and chemical facilities, citing concerns about national security and competitiveness.


 

Transportation Sector: 

  • Light-Duty, Medium-Duty, and Heavy-Duty Vehicle Regulations: Reconsideration of rules that formed the basis for the prior administration's electric vehicle standards, aiming to preserve consumer choice and affordability.

  • 2009 Endangerment Finding: Review of the finding that greenhouse gases are pollutants.

 

Manufacturing and Other Industries: 

  • Technology Transition Rule: Reconsideration of rules forcing the use of specific technologies for refrigerant systems, impacting grocery stores and semiconductor manufacturing.

  • Particulate Matter National Ambient Air Quality Standards (PM 2.5 NAAQS): Review of standards that the administration believes have hindered manufacturing and small businesses.

  • National Emission Standards for Hazardous Air Pollutants (NESHAPs): Reconsideration of multiple air pollution standards affecting various sectors, including chemical manufacturing, sterilization facilities, rubber tire manufacturing, copper smelting, iron and steel manufacturing, lime manufacturing, coke ovens, and taconite ore processing. The administration is considering a 2-year compliance exemption for affected facilities while the rulemaking proceeds.


 

Water Regulations: 

  • Waters of the United States (WOTUS) Rule: Revision of the definition to provide clearer and simpler direction to farmers, landowners, businesses, and states, following the Supreme Court ruling in Sackett v. Environmental Protection Agency. The revised definition will focus on relatively permanent, standing or continuously flowing bodies of water and wetlands with a continuous surface connection to those waters.


 

Air Quality Planning and Permitting: 

  • "Good Neighbor Plan": Reconsideration of the plan to address interstate transport of air pollution, aiming to advance cooperative federalism and work with states on their State Implementation Plans (SIPs).

  • State and Tribal Implementation Plans (SIPs/TIPs): Commitment to resolving the backlog of unresolved SIPs/TIPs from the previous administration.

  • Exceptional Events Rulemaking: Review to prioritize the allowance of prescribed fires within State and Tribal Implementation Plans for better forest management.


 

Other Areas: 

  • "Social Cost of Carbon": Overhauling the measurement used to assess the economic damages of carbon emissions, which the administration views as contributing to significant regulatory costs.

  • Enforcement Discretion: Redirecting enforcement resources to focus on the EPA's core mission and avoid actions that discriminate based on race or socioeconomic status or shut down energy production.

  • Termination of Environmental Justice and DEI Arms: Ending the Environmental Justice and Diversity, Equity, and Inclusion arms of the agency.

  • Reconstituting Science Advisory Boards: Reestablishing the Science Advisory Board (SAB) and Clean Air Scientific Advisory Committee (CASAC) to ensure independent scientific advice.

  • Coal Ash Program: Prioritizing the program to expedite state permit reviews and update coal ash regulations.

  • Hurricane Recovery: Utilizing enforcement discretion to further North Carolina’s recovery from Hurricane Helene.


 

Potential Timelines and Considerations:

While these announcements signal a clear intention to move forward with deregulation, it is important to note that the actual implementation of these changes will likely take time. The process will involve formal rulemaking, including proposing rule changes, conducting public hearings, and addressing public comments. These processes can be lengthy and may face legal challenges. External analysis suggests that implementing many of these rollbacks could take years and face difficult legal battles, especially in light of recent Supreme Court decisions.


We will continue to monitor these developments closely and provide updates on the specific timelines and details of these regulatory changes as they become available. Please do not hesitate to reach out if you have any questions about how these potential changes may affect your business.




 

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