As we previously reported, industry groups, including the American Chemistry Council, challenged the final Hazardous Waste Generator Improvements Rule (“Final Rule”) in the Court of Appeals for the D.C. Circuit on February 24, 2017. The Final Rule was published in the Federal Register on November 28, 2016 (a discussion of the Final Rule and its potential impacts can be found here). Since our previous post, some updates have occurred in the pending challenge.
Flanked by two dozen coal miners, Vice President Mike Pence, EPA Administrator Scott Pruitt, Energy Secretary Rick Perry, and Interior Secretary Ryan Zinke, and joined by various coal state congressmen and industry executives, President Trump visited EPA headquarters yesterday to sign a long-anticipated Executive Order to end the previous administration’s so-called “war on coal.”
On February 2, 2017, the Office of Information and Regulatory Affairs (OIRA) issued Guidance in order to clarify last week’s Executive Order (EO) regarding the issuance of administrative rules. The EO requires agencies to identify at least two existing regulations to be repealed for every one newly promulgated regulation. The EO also requires the total incremental costs of all new regulations finalized in Fiscal Year (FY) 2017 to be offset by eliminating costs associated with repealed regulations. Continue Reading OIRA Issues Guidance on “Two-for-One” Rule
As part of its implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Public Law 114-182E reforming the Toxic Substances Control Act (“TSCA”), EPA recently published two proposed rules, including a proposed rule that would govern the process for active/inactive designations and a proposed rule that would establish the procedure for prioritizing chemicals for risk evaluation. Notably, although EPA has released a pre-publication of a third rule – proposing the process for performing a risk evaluation – that proposal appears to have been caught up in the Administration transition and has not yet been published in the Federal Register.
The Senate Committee on Environment and Public Works voted this morning to recommend confirmation of Scott Pruitt to be EPA Administrator. The vote had been scheduled to take place yesterday, but Committee Democrats boycotted the meeting, preventing a quorum for a vote. The Democrats boycotted the meeting again today, but the Republicans then voted to suspend the Committee’s quorum rules requiring at least two members of the minority party present for a vote. The suspension cleared the way for the Committee to approve Pruitt without any Democrats present.
President Trump continues to focus on streamlining government reviews for large scale infrastructure projects. On January 24, he signed an Executive Order (EO) focused on expediting the permitting process for such projects. In the EO, President Trump stated that “[t]oo often, infrastructure projects in the United States have been routinely and excessively delayed by agency processes and procedures.”
Consistent with past changes in presidential administrations, on President Trump’s Inauguration Day, White House Chief of Staff Reince Priebus issued a “claw back” memo describing the process of reconsidering previously finalized regulations. Similar to memos issued by President Obama and President Bush, President Trump’s claw back memo speaks to three specific groups of rules:
As mentioned in a previous blog post, EPA recently issued a pre-publication version of the new regional haze regulations. EPA’s “pre-publication” version of the rule stated that the regulations would become effective thirty days after publication in the Federal Register. However, in the published version of the rule in today’s Federal Register, the rule states that it is immediately effective as of today, January 10, 2017. Making the rule effective immediately makes it more difficult for the Trump Administration to roll it back
On December 15, 2016, EPA issued a pre-publication version of new regional haze regulations. The Agency’s regional haze program regulates emissions affecting visibility in national parks, or “Class I” areas. EPA promulgated the regulations in 1999 with the goal of achieving natural visibility conditions by 2064. Under the program, states must create plans to control visibility-impairing emissions, and must update these plans every “planning period” of ten years. The new regulations are intended to apply to the second planning period, but will become effective 30 days after the recently released rule is published in the Federal Register, which is scheduled for January 10th.
A number of states, industry groups, companies and environmental groups have filed petitions for review with the D.C. Circuit challenging EPA’s final Cross State Air Pollution Update Rule. The petitions assert that EPA exceeded its statutory authority and that the rule is arbitrary and capricious.