Thirty Pending EPA Regulations Frozen
On January 26, 2017, the EPA published a final rulemaking extending the effective date of certain regulations to comply with a Presidential directive sent in a memorandum from the White House, entitled “Regulatory Freeze Pending Review.” The memorandum directed the heads of Executive Departments and Agencies to postpone for 60 days the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. The EPA identified 30 regulations that qualify under the directive, and it has delayed the effective date of those regulations until March 21, 2017. The EPA implemented this initial 60-day delay without public comment. However, if the delay were to extend beyond 60 days, public comment would be necessary.
The Renewable Fuel Standard Program 2017 Standards likely has the broadest scope of the 30 delayed rules. It affects entities involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels. The delayed rule provides standards to regulate the amount of renewable fuels which must be included as part of the country’s energy consumption, pursuant to Section 211 of the Clean Air Act, setting volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel as well as establish the applicable volume of biomass-based diesel for 2018.
Four other delayed rules also have a broad effect on a number of industries. The Formaldehyde Emission Standards for Composite Wood Products provides formaldehyde emission standards applicable to certain composite wood products, whether manufactured in the United States or imported. This rule applies to industries that manufacture, distribute, or sell products containing composite wood products, including veneer, plywood, and engineered wood product manufacturers; manufactures and dealers of mobile homes; and furniture manufacturers, wholesalers, and retailers, among others. The Accidental Prevention Program Requirements amends the Clean Air Act’s Risk Management Program with accident prevention and audit requirements. This rule applies predominately to chemicals manufacturing and petroleum-related industries. The Certification of Pesticide Applicators updates the certification requirements for applicators of restricted pesticides, including updated age and supervision requirements, and the Revisions to National Emission Standards for Radon Emissions revises standards for uranium recovery facilities’ radon emissions regulated under the Clean Air Act.
Three of the delayed regulations modify the EPA’s own criteria in enforcing certain environmental laws. These include the Addition of a Subsurface Intrusion Component to the Hazard Ranking System, the Revisions to the Guideline on Air Quality Models, and the Consolidated Rule of Practice.
The remaining 22 delayed regulations are narrower in scope. The majority of them concern the implementation of air quality programs under the Clean Air Act. The delayed regulations also include two permits for underground injection control well programs in Kentucky, the partial delisting of a Superfund site in Pennsylvania, and the approval of Washington’s municipal solid waste landfill permit program.
In addition to delaying the effective date of certain regulations, the White House memorandum directed that no regulation be sent to the Federal Register until someone appointed by the President had approved the regulation. It also directed that any regulation previously sent to the Federal Register but not yet published be immediately withdrawn so that it may be approved by someone appointed by the President.
The EPA final rule, including a list of delayed regulations, can be found here.