Zeldin Pushes Massive Deregulation at the EPA

Last week,  EPA unveiled its sweeping deregulatory agenda targeting 31 environmental rules established under previous administrations in a press release from Administrator Lee Zeldin. Framing it as the largest environmental regulatory rollback in U.S. history, Zeldin emphasized that these actions aim to unleash American energy, lower the cost of living for American families, and advance cooperative federalism amongst states. The specific listed actions are as follows:

Energy Sector Reconsiderations

• Regulations on power plants (Clean Power Plan 2.0) 

• Regulations throttling the oil and gas industry (40 CFR § 60.0000)

• Mercury and Air Toxics Standards of coal-fired power plants (MATS) 

• Greenhouse Gas Reporting Program

• Effluent Limitations Guidelines (ELG) on the Steam Electric Power Generating Industry (Steam Electric ELG) 

• Wastewater regulations on coal-fired power plants (Oil and Gas ELG) 

• Biden-Harris Administration Risk Management Program on oil, natural gas, and chemical facilities (Risk Management Program Rule) 

Cost of Living Reconsiderations

• Light-duty, medium-duty, and heavy-duty vehicle regulations from the Biden-Harris electric vehicle mandate (Car GHG Rules) 

• 2009 Endangerment Finding and corresponding regulations and actions (Endangerment Finding) 

• Technology transition rule on various sectors, including grocery stores and semiconductor manufacturing (Technology Transition Rule) 

• Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS)

• National Emission Standards for Hazardous Air Pollutants (NESHAPs) 

• Restructuring Regional Haze Program (Regional Haze) 

• Overhauling Biden-Harris Administration’s “Social Cost of Carbon” 

• Redirecting enforcement (Enforcement Discretion) 

• Eliminating Biden’s Environmental Justice and DEI arms of the agency (EJ/DEI) 

  
  

Advancing Cooperative Federalism

• Eliminating the “Good Neighbor Plan,” which sought to reduce interstate pollution

• Resolving outstanding State Implementation Plans and Tribal Implementation Plans, including reconsideration of exceptional events rulemaking for prescribed fires (SIPs/TIPs and Exceptional Events) 

• Reconstituting Science Advisory Board and Clean Air Scientific Advisory Committee (SAB/CASAC) 

• Expediting Coal Ash permits and updating regulatory framework of Coal Ash Rule (CCR Rule) 

• Reviewing enforcement priorities for Hurricane Helene recovery in North Carolina

Posturing from the various sides:

• Economic Impacts: Proponents argue that these rollbacks will stimulate economic growth by eliminating regulatory costs and “hidden taxes," potentially lowering the cost of living for American families and reducing expenses for businesses.

• Environmental and Public Health Concerns: Critics warn that dismantling these regulations could lead to increased pollution, negatively affecting air and water quality, and hindering efforts to combat climate change.

Legal Challenges: Environmental groups are expected to challenge these rollbacks in court, particularly the attempt to overturn the 2009 endangerment finding, which they consider a cornerstone of Clean Air Act (CAA). Environmental groups are likely to argue the rollbacks are politically motivated, thus lacking a required legal or scientific basis. The Administration is likely to argue that many were not supported by law to begin with. Either way, this story is not going away any time soon.