On Friday, April 9, President Joe Biden released a $1.52 trillion fiscal year (FY) 2022 budget proposal. Referred to as the “skinny budget,” the document includes top-line figures and high-level summaries the White House will supplant with the full budget proposal later this spring. The release of the skinny budget starts the often-challenging process for Congress to pass an appropriations bill by the end of September, when the FY21 appropriations expire. (more…)
In an April 7 Agencywide memorandum, U.S. Environmental Protection Agency (EPA or Agency) Administrator Michael Regan recommitted EPA to advancing environmental justice initiatives. Administrator Regan stated that it would be one of his “top priorities” to address environmental effects on communities whose residents are predominately of color, Indigenous, or low-income.
During the past week, President Biden’s focus on environmental justice continued to take shape with the announcement by the White House of the Environmental Justice Advisory Council (WHEJAC) membership and the WHEJAC’s first meeting.
President Joe Biden unveiled the first of his two-part infrastructure proposal on Wednesday, March 31. Referred to as the American Jobs Plan, the package would provide $2.3 trillion in spending to support traditional infrastructure upgrades and activities within a new, more expansive definition of infrastructure. The plan provides $621 billion for transportation infrastructure and resiliency activities, $115 billion of which would fund repairs to roads and bridges. This also includes $174 billion in electric vehicle (EV) investments to create a national network of 500,000 EV chargers by 2030, electrify at least 20% of school buses, and electrify the federal fleet, including the U.S. Postal Service. In addition, the proposal provides $111 billion in water infrastructure funding, which includes $45 billion to replace 100% of the nation’s lead service lines and $10 billion to monitor and remediate per- and polyfluoroalkyl substances (PFAS) in drinking water.
This month the U.S. Environmental Protection Agency (EPA) has issued two policy changes that will likely have substantial regulatory effects on chemicals and manufacturing sectors. First, EPA announced that it will reopen risk evaluations for certain high-priority chemicals that were completed under the last administration. Second, EPA announced changes to its new chemical review program to focus more on considering all conditions of use and worker protections for a chemical under review.
Earlier this month, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed listing perfluorooctanoic acid (PFOA) as a carcinogen under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Under Proposition 65, OEHHA maintains a list of carcinogens and reproductive toxins, and businesses must generally provide “clear and reasonable” warnings prior to exposing anyone in California to a listed chemical, including through consumer, worker, or environmental exposures.
Yesterday, the U.S. Congress started a process that could repeal its first Trump-era regulation pursuant to the Congressional Review Act (CRA). Enacted in 1996, the CRA provides Congress an important oversight tool over federal agencies to rescind certain rules. Majority members in both the House of Representatives and the Senate introduced resolutions disapproving the Environmental Protection Agency’s September 2020 final rule on policy amendments to new source performance standards for the oil and natural gas sector. The 2020 rule, which amended 2012 and 2016 standards, rescinded methane-specific emissions limits and removed two segments (natural gas transmission and storage) that were subject to the prior standards. While EPA was directed by President Biden’s Executive Order 13990 to review the 2020 rule and propose a new rule by September 2021, members of Congress are seeking to accelerate this effort by using the CRA.
On March 17, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) issued a notice of proposed rulemaking (ANPRM) seeking information related to per- and polyfluoroalkyl substances (PFAS) to support a potential Clean Water Act rulemaking. With respect to PFAS from manufacturers and formulators, EPA requests public comment on the Agency’s current information and data and solicits additional information and data from stakeholders. (more…)
On March 15, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule, pursuant to the good-neighbor provision of the Clean Air Act, which directs EPA and states to address interstate transport of air pollution that affects downwind states’ ability to attain and maintain compliance with the 2008 National Ambient Air Quality Standard (NAAQS) for ozone. As we explained previously, the Revised Cross-State Air Pollution Rule (CSAPR) Update is EPA’s rulemaking in response to the U.S. Court of Appeals for the D.C. Circuit’s decision in Wisconsin v. EPA, in which the court remanded an earlier EPA CSAPR update rule. (more…)
March 18 marked the U.S. House Energy and Commerce Committee’s first legislative hearing on the majority’s flagship climate bill, the Climate Leadership and Environmental Action for our Nation’s Future Act (CLEAN Future Act). The 981-page bill aims to reach net-zero greenhouse gas emissions across the U.S. economy by 2050. (more…)