ENVIRONMENTAL PROTECTION AGENCY (EPA)

Statement of Priorities

OVERVIEW

For more than 40 years, the U.S. Environmental Protection Agency (EPA) has worked to protect people's health and the environment. By taking advantage of the best thinking, the newest technologies and the most cost-effective, sustainable solutions, EPA and its federal, state, local, and community partners have made important progress to address pollution where people live, work, play, and learn. From cleaning up contaminated waste sites to reducing greenhouse gases, mercury and other air emissions, to investing in water and wastewater treatment, the American people have seen and felt tangible benefits to their health and surroundings. Efforts to reduce air pollution alone have produced hundreds of billions of dollars in benefits in the United States.

To keep up this momentum in the coming year, EPA will use regulatory authorities, along with grant- and incentive-based programs, technical and compliance assistance and tools, research and educational initiatives to address the priorities set forth in EPA' Strategic Plan:

  • Addressing Climate Change and Improving Air Quality

  • Protecting America's Waters

  • Cleaning up Communities and Advancing Sustainable Development

  • Ensuring the Safety of Chemicals and Preventing Pollution

  • Protecting Human Health and the Environment by Enforcing Laws and Assuring Compliance

    All of this work will be undertaken with a strong commitment to science, law and transparency.

    HIGHLIGHTS OF EPA'S REGULATORY PLAN

    EPA's more than forty years of protecting public health and the environment demonstrates our nation's commitment to reducing pollution that can threaten the air we breathe, the water we use and the communities we live in. This Regulatory Plan contains information on some of our most important upcoming regulatory actions. As always, our Semiannual Regulatory Agenda contains information on a broader spectrum of EPA's upcoming regulatory actions.

    Guiding Priorities

    The EPA's success depends on supporting innovation and creativity in both what we do and how we do it. To guide the agency's efforts, the Agency has established several guiding priorities. These priorities are enumerated in the list that follows, along with recent progress and future objectives for each.

    1. Addressing Climate Change and Improving Air Quality

    The Agency will continue to deploy existing regulatory tools where appropriate and warranted. Addressing climate change calls for coordinated national and global efforts to reduce emissions and develop and deploy new, cleaner technologies. Using the Clean Air Act, EPA will continue to develop greenhouse gas standards for both mobile and stationary sources.

    Greenhouse Gas Emission Standards for Power Plants. As part of the President's Climate Action Plan, in July 2015, the EPA promulgated the Clean Power Plan final rules setting guidelines for states to follow in reducing carbon emissions from existing power plants, as well as finalizing emission standards for new plants. At the same time, EPA proposed Model Rules, to be finalized in 2016, to help the states develop plans that adequately implement the carbon-reduction guidelines. The July 2015 proposal also included a Federal Plan that will serve as a backstop in cases where states do not adequately implement the guidelines. By 2030 carbon emissions from existing plants are estimated to be reduced by 32% from 2005 levels.

    Heavy-Duty Vehicles GHG Emission Standards. In 2011, in cooperation with the Department of Transportation (DOT), EPA issued the first-ever Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles for model years 2014-2018. On June 19, 2015, EPA and DOT proposed a second set of standards to further reduce greenhouse gas emissions and fuel consumption from a wide range of on-road vehicles from semi-trucks to the largest pickup trucks and vans and all types and sizes of work trucks and buses. These new standards will be finalized in 2016. This action is another important component of the President's Climate Action Plan.

    Reviewing and Implementing Air Quality Standards. Despite progress, millions of Americans still live in areas that exceed one or more of the national air pollution standards. This year's regulatory plan describes efforts to review the primary National Ambient Air Quality Standards (NAAQS) for lead. It also includes a rule to reduce state-to-state atmospheric transport of pollutants that contribute to nonattainment of the ozone NAAQS.

    2. Protecting America's Waters

    Despite considerable progress, many of America's waters remain imperiled. Water quality protection programs face complex challenges, from nutrient loadings and stormwater runoff to invasive species and drinking water contaminants. These challenges demand both traditional and innovative strategies.

    3. Cleaning up Communities and Advancing Sustainable Development

    Just as today's economy is vastly different from that of 40 years before, EPA's regulatory program is evolving to recognize the progress that has already been made in environmental protection and to incorporate new technologies and approaches that allow us to provide for an environmentally sustainable future more efficiently and effectively.

    Establishing User Fees for the Use of RCRA Manifests. The e-Manifest Final Rule of February 7, 2014 codified certain provisions of the "Hazardous Waste Electronic Manifest Establishment Act" (or the Act), which directed the EPA to adopt a regulation that authorized the use of electronic manifests to track hazardous waste shipments nationwide. The Act also instructed the EPA to develop a user-fee-funded e-Manifest system. Since the Act grants broad discretion to the EPA to determine the fees and gives the Agency authority to collect such fees for both electronic manifests and any paper manifests that continue in use, the EPA plans to issue a rulemaking to establish the appropriate electronic and paper manifest fees. The initial fees, to be established in the final rule, are expected to cover the operation and maintenance costs for the system, as well as the costs associated with the development of the system. The EPA plans to also announce in the final rule the date on which the system will be implemented and available to users.

    Once the national e-Manifest system becomes available, hazardous waste handlers will be able to complete, sign, transmit, and store electronic manifests through the national IT system, or they can elect to continue tracking the hazardous waste under the paper manifest system. Further, waste handlers that currently submit manifests to the states will no longer be required to do so, unless required by the state, as the EPA will collect both the remaining paper manifest copies and electronic manifests in the national system and will disseminate the manifest data to those States that want it.

    CERCLA Section 108(b) - Hard Rock Mining. Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. The Agency has identified classes of facilities within the Hard Rock mining industry as those for which financial responsibility requirements will be first developed. EPA's 108(b) rules will address the degree and duration of risks associated with aspects of hazardous substance management at hard rock mining and mineral processing facilities. These regulations will help ensure that businesses make financial arrangements to address risks from hazardous substances at their sites, and encourage businesses to improve their management of hazardous substances.

    Modernization of the Accidental Release Prevention Regulations under Clean Air Act. On August 1, 2013, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security (EO 13650 or the EO). The EO was prompted by major chemical accidents, such as the explosion at the West Fertilizer facility in West, Texas on April 17, 2013. EO 13650 directs the federal government to carry out a number of tasks whose overall aim is to prevent chemical accidents. Among the tasks discussed, the EO directs agencies to consider possible changes to existing chemical safety regulations, such as the EPA's Risk Management Plan (RMP) regulation (40 CFR part 68).

    Both EPA and the Occupational Safety & Health Administration (OSHA) had previously issued regulations, as required by the Clean Air Act Amendments of 1990, in response to a number of catastrophic chemical accidents occurring worldwide that had resulted in public and worker fatalities and injuries, environmental damage, and other community impacts. OSHA published the Process Safety Management (PSM) standard (29 CFR part 1910.119) in 1992. EPA modeled the RMP regulation after OSHA's PSM standard and published the RMP rule in two stages−a list of regulated substances and threshold quantities in 1994; and the RMP final regulation, containing risk management requirements, in 1996. Both the OSHA PSM standard and the EPA RMP regulation aim to prevent, or minimize the consequences of, accidental chemical releases to workers and the community.

    The EPA is considering modifications to the current RMP regulations in order to (1) reduce the likelihood and severity of accidental releases, (2) improve emergency response when those releases occur, and (2) enhance state and local emergency preparedness and response in an effort to mitigate the effects of accidents.

    4. Ensuring the Safety of Chemicals and Preventing Pollution

    One of EPA's highest priorities is to make significant progress in assuring the safety of chemicals. Using sound science as a compass, EPA protects individuals, families, and the environment from potential risks of pesticides and other chemicals. In its implementation of these programs, EPA uses several different statutory authorities, including the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Federal Food, Drug and Cosmetic Act (FFDCA), the Toxic Substances Control Act (TSCA) and the Pollution Prevention Act (PPA), as well as collaborative and voluntary activities. In FY 2016, the Agency will continue to satisfy its overall directives under these authorities and highlights the following actions in this Regulatory Plan:

    EPA's Existing Chemicals Management Program Under TSCA. As part of EPA's ongoing efforts to ensure the safety of chemicals, EPA plans to take a range of identified regulatory actions for certain chemicals and assess other chemicals to determine if risk reduction action is needed to address potential concerns. After completing risk assessments and identifying concerns related to several specific uses of Trichloroethylene (TCE) and methylene chloride, and n-methylpyrrolidone (NMP), EPA is initiating action under TSCA section 6 to address these risks and determine what requirements may be necessary to adequately protect the public, workers, and the environment from unreasonable risk of exposure to these chemicals.

    Addressing Formaldehyde Used in Composite Wood Products. As directed by the Formaldehyde Standards for Composite Wood Products Act of 2010, EPA is developing a final regulation to address formaldehyde emissions from hardwood plywood, particleboard and medium-density fiberboard that is sold, supplied, offered for sale, or manufactured in the United States.

    Lead-based Paint Program. EPA is developing a final rule that would implement several amendments to the EPA lead-based paint program that would improve efficiencies and save resources for those involved. EPA proposed changes in 2014 to the EPA lead-based paint program that would, among other things, amend the renovation, repair and painting rule by removing the requirement for hands-on refresher training for renovators so that they can take the refresher course online and without the need to travel to a training facility for the hands-on portion. EPA also proposed to amend the lead-based paint abatement program by removing the requirement for firms, training providers and individuals to apply for and be certified or accredited in each EPA-administered jurisdiction where they work (i.e., state, tribe or territory where EPA runs the abatement program). In addition, as directed by TSCA section 402(c)(3), EPA is developing a proposed rule to address renovation or remodeling activities that create lead-based paint hazards in pre-1978 public buildings and commercial buildings. EPA previously issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities.

    Reassessment of PCB Use Authorizations. When enacted in 1978, TSCA banned the manufacture, processing, distribution in commerce, and use of polychlorinated biphenyls (PCBs), except when uses would pose no unreasonable risk of injury to health or the environment. EPA is reassessing certain ongoing, authorized uses of PCBs that were established by regulation in 1979, including the use, distribution in commerce, marking and storage for reuse of liquid PCBs in electric equipment, to determine whether those authorized uses still meet TSCA's "no unreasonable risk" standard. EPA plans to propose the revocation or revision of any PCBs use authorizations included in this reassessment that no longer meet the TSCA standard.

    Enhancing Agricultural Worker Protection. As a result of extensive stakeholder engagement and public meetings, EPA is acting to enhance the pesticide worker safety program. EPA plans to issue final amendments to the agricultural worker protection regulation that strengthens protections for agricultural farm workers and pesticide handlers. The revisions will address key environmental justice concerns for a population that may be disproportionately affected by pesticide exposure. The final rule is expected to improve pesticide safety training, use of personal protective equipment, and access to decontamination supplies, and improve agricultural workers' ability to protect themselves and their families from potential secondary exposure to pesticides and pesticide residues. Other changes are intended to bring hazard communications and respirator requirements more in line with Occupational Safety and Health Administration requirements and to clarify current requirements to facilitate program implementation and enforcement.

    Strengthening Pesticide Applicator Safety. As part of EPA's effort to enhance the pesticide worker safety program, the Agency also proposed revisions to the existing regulation concerning the certification of applicators of restricted-use pesticides. This proposed rule is intended to ensure that the federal certification standards adequately protect applicators, the public and the environment from potential risks associated with use of restricted use pesticides. The proposed changes are intended to improve the competency of certified applicators of restricted use pesticides, increase protection for noncertified applicators of restricted use pesticides operating under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators, and establish a minimum age requirement for such noncertified applicators. Also, in keeping with EPA's commitment to work more closely with tribal governments to strengthen environmental protection in Indian Country, certain proposed changes are intended to provide more practical options for establishing certification programs in Indian Country.

    Evaluating Pesticide Risks to Bees and Other Pollinators. As part of the efforts outlined in the "National Strategy to Promote the Health of Honey Bees and Other Pollinators," EPA is working to update its pesticide data requirements to provide the Agency with data needed to determine the potential exposure and effects of pesticides on bees and other important non-target insect pollinators. Pollinator insects are ecologically and economically important. Recognizing heightened concerns for honey bees due to pollinator declines and that the science has now evolved to where additional toxicity and exposure protocols are available, EPA issued interim study guidance for bees in 2011. EPA developed finalized guidance in 2014 on the conduct of exposure and effect studies used to characterize the potential risk of pesticides to bees. The development and implementation of updates data requirements is intended to provide the information the Agency needs to evaluate whether a proposed or existing use of a pesticide may have an unreasonable adverse effect on these important insects and support pesticide registration decisions under FIFRA.

    5. Protecting Human Health and the Environment by Enforcing Laws and Assuring Compliance

    Today's pollution challenges require a modern approach to compliance, taking advantage of new tools and approaches while strengthening vigorous enforcement of environmental laws. Next Generation Compliance is EPA's integrated strategy to do that, designed to bring together the best thinking from inside and outside EPA.

    EPA's Next Generation Compliance consists of five interconnected components, each designed to improve the effectiveness of our compliance program:

    Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 18, 2011), the following EPA actions have been identified as associated with retrospective review and analysis in the Agency's final plan for retrospective review of regulations, or one of its subsequent updates. Some of the entries on this list may not appear in The Regulatory Plan but appear in EPA's semiannual regulatory agenda. These rulemakings can also be found on Regulations.gov. EPA's final agency plan can be found at: http://www.epa.gov/regdarrt/retrospective/.

    Rulemaking Title

    Regulatory Identifier Number (RIN)

    New Source Performance Standards for Grain Elevators - Amendments

    2060-AP06

    Treatment of Data Influenced by Exceptional Events - Rule Revisions

    2060-AS02

    Public Notice Provisions in CAA Permitting Programs

    2060-AS59

    Regional Haze Regulations - Revision to SIP Submission Date and Requirements for Progress Reports

    2060-AS55

    Title V Petitions Process Improvement Rulemaking

    2060-AS61

    National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions

    2040-AF15

    National Pollutant Discharge Elimination System (NPDES) Application and Program Updates Rule

    2040-AF25

    National Primary Drinking Water Regulations: Group Regulation of Carcinogenic Volatile Organic Compound (VOCs)

    2040-AF29

    Management Standards for Hazardous Waste Pharmaceuticals

    2050-AG39

    Hazardous Waste Export-Import Revisions Rule

    2050-AG77

    Improvements to the Hazardous Waste Generator Regulatory Program (Parts 261-265)

    2050-AG70

    Revisions to Resource Conservation and Recovery Act Subtitle D Research, Demonstration & Development Permit Rule

    2050-AG75

    Pesticides; Certification of Pesticide Applicators

    2070-AJ20

    Lead; Lead-based Paint Program; Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements

    2070-AK02

    Discount Rate = 3%

    Benefits (millions $/year)

    Costs (millions $/year)

    Net Benefits (millions $/year)

    Rule

    Base Year

    Low

    High

    Low

    High

    Low

    High

    Oil and Gas Emission Standards for New and Modified Sources

    2012

    $200

    $210

    $150

    $170

    $35

    $42

    GHG Emissions and Efficiency Standards for Medium- and Heavy-Duty Engines- Phase 2*

    2012

    $3,700

    $4,900

    ($5,660)

    ($7,300)

    $9,400

    $12,300

    Model Trading Rules for GHG Emissions from EGUs Constructed Before 1-8-14; Amendments

    2012

    $3,564

    $8,249

    $2,546

    $1,426

    $1,018

    $6,823

    Review of the National Ambient Air Quality Standards for Lead

    2012

    $0

    $0

    $0

    $0

    $0

    $0

    GHG Endangerment Findings for Aircraft

    2012

    $0

    $0

    $0

    $0

    $0

    $0

    RFS 2014-2016

    2012

    $0

    $0

    $118

    $595

    ($118)

    ($595)

    Pesticides; Certification of Pesticide Applicators

    2012

    $21

    $22

    $50

    $50

    ($28)

    ($28)

    Formaldehyde Emissions Standards for Composite Wood Products

    2012

    $21

    $50

    $75

    $84

    ($62)

    ($25)

    Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards

    2012

    $0

    $0

    $0.04

    $0.04

    ($0.04)

    ($0.04)

    Aggregate Estimates

    2012

    $7,507

    $13,431

    ($2,721)

    ($4,975)

    $10,245

    $18,517

    Aggregation of Benefits and Costs from Monetized Rules Reported in the Regulatory Plan

    Discount Rate = 7%

    Benefits (millions $/year)

    Costs (millions $/year)

    Net Benefits (millions $/year)

    Rule

    Base Year

    Low

    High

    Low

    High

    Low

    High

    Oil and Gas Emission Standards for New and Modified Sources

    2012

    $200

    $210

    $150

    $170

    $35

    $42

    GHG Emissions and Efficiency Standards for Medium- and Heavy-Duty Engines- Phase 2*

    2012

    $4,200

    $4,800

    ($6,000)

    ($5,460)

    $10,100

    $10,200

    Model Trading Rules for GHG Emissions from EGUs Constructed Before 1-8-14; Amendments

    2012

    $3,463

    $7,842

    $2,546

    $1,426

    $1,120

    $6,416

    Review of the National Ambient Air Quality Standards for Lead

    2012

    $0

    $0

    $0

    $0

    $0

    $0

    GHG Endangerment Findings for Aircraft

    2012

    $0

    $0

    $0

    $0

    $0

    $0

    RFS 2014-2016

    2012

    $0

    $0

    $118

    $595

    ($118)

    ($595)

    Pesticides; Certification of Pesticide Applicators

    2012

    $21

    $22

    $50

    $50

    ($28)

    ($28)

    Formaldehyde Emissions Standards for Composite Wood Products

    2012

    $21

    $50

    $75

    $84

    ($62)

    ($25)

    Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards

    2012

    $0

    $0

    $0.04

    $0.04

    ($0.04)

    ($0.04)

    Aggregate Estimates

    2012

    $7,905

    $12,923

    ($3,061)

    ($3,135)

    $11,046

    $16,010

    * In order to maintain consistency between the NHTSA's and EPA's analyses, the fuel savings values are treated as negative costs consistent with the information presented in the Regulatory Impact Analysis for the rulemaking (http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OAR-2014-0827-0243).

    Burden Reduction

    As described above, EPA continues to review its existing regulations in an effort to achieve its mission in the most efficient means possible. To this end, the Agency is committed to identifying areas in its regulatory program where significant savings or quantifiable reductions in paperwork burdens might be achieved, as outlined in Executive Orders 13563 and 13610, while protecting public health and our environment.

    Rules Expected to Affect Small Entities

    By better coordinating small business activities, EPA aims to improve its technical assistance and outreach efforts, minimize burdens to small businesses in its regulations, and simplify small businesses' participation in its voluntary programs. Actions that may affect small entities can be tracked on EPA's Regulatory Development and Retrospective Review Tracker (http://www.epa.gov/regdarrt/) at any time. This Plan includes the following rules that may be of particular interest to small entities:

    Rulemaking Title

    Regulatory Identifier Number (RIN)

    Formaldehyde Emission Standards for Composite Wood Products

    2070-AJ44

    Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2

    2060-AS16

    Oil and Natural Gas Sector: Emission Standards for New and Modified Sources

    2060-AS30

    Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard Rock Mining Industry

    2050-AG61

    International Regulatory Cooperation Activities

    EPA has considered international regulatory cooperation activities as described in Executive Order 13609 and has identified the following international activity that is anticipated to lead to a significant regulation in the following year:

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    Rulemaking Title

    Regulatory Identifier Number (RIN)

    Formaldehyde Emission Standards for Composite Wood Products

    2070-AJ44

    Streamlining the Export/Import Process for America's Businesses

    EPA has considered import and export streamlining activities as described in Executive Order 13659 and identified the following rulemaking activity:

    Rulemaking Title

    Regulatory Identifier Number (RIN)

    Hazardous Waste Export-Import Revisions Rule

    2050-AG77