Rephrase: They aim to prevent a repeat of the undoing of over twelve regulations put in place during the initial months of the Obama administration.

It is vital to complete the regulations promptly in order to determine the extent to which Biden’s ambitious policies will endure after the November election. The two probable candidates have opposing stances on climate change, green energy, and the authority of federal agencies, making it even more crucial to finalize these regulations.

The Biden administration has committed to taking action on several issues, and the timing of implementing these rules may impact how easily they can be undone by a future administration. Experts and supporters of the Biden administration are advising agencies to be mindful of time constraints when drafting these rules.

Paul Billings, the national senior vice president for public policy at the American Lung Association, is closely monitoring the calendar and regularly checking on the status. He stated, “In about a month, I may be in a state of panic.”

Lisa Frank, the director of the Washington branch of the advocacy organization Environment America, expressed feeling a mix of anxiety and excitement about the upcoming set of regulations.

Frank stated that the Biden administration is ready to make significant strides in improving air and water quality, as well as protecting the environment. He also noted that there has been substantial progress in tackling climate change.

She stated that there is still much work to be done in order to achieve all the progress.

According to James Goodwin, a senior analyst at the Center for Progressive Reform with liberal leanings, there is no justification for agencies to not complete their regulations during this stage of Biden’s term.

According to Goodwin, they are very knowledgeable about this information and have no obstacles. They are fully focused and working at full speed.

“The earlier, the preferable.”

A major concern for the administration’s regulatory process this year is the potential for a re-election of the Trump administration.

In his initial term, Trump surprised supporters of the environment and past officials from the Obama administration, who had relied on a potential Hillary Clinton presidency. Using the 1996 Congressional Review Act, Trump and the Republican-led Congress eliminated over a dozen regulations from the Obama era. Prior to Trump’s presidency, this law had only been utilized once to revoke a single rule from the Clinton administration.

The legislation permits Congress to reject agency regulations within 60 days of the finalization and delivery to the Capitol. However, the schedule of Congress can be unpredictable, and the deadline for protecting rules is still unknown.

Matthew Davis, legislative director at the League of Conservation Voters, stated that Trump’s utilization of the CRA has emphasized the need to estimate conservatively in regards to when it may be implemented.

According to specialists, the target date for completion may be in the spring, potentially in either May or June. However, the process of meeting regulations is intricate and includes procedures such as review by the White House and publishing rules in the Federal Register. Additionally, there is a possibility of a government shutdown, which would halt agency operations. As a precaution, advocates are not willing to take any risks.

Frank stated that it would be beneficial to complete these tasks as soon as possible. He also mentioned that the Biden administration has been urged to finish them by Earth Day, which falls on April 22. This is important not only for symbolic reasons, but also to prevent the possibility of Congress reversing them.

The administration is aware of the time limits, as stated by its environmental supporters.

According to Billings, it is evident that higher-level career and political leaders are also cognizant of the schedule.

Davis stated that the administration is highly dedicated to releasing the rules in a manner that would protect them from any potential ramifications.

In danger of being slowed down by rules.

Delaying can be risky. Regulations are currently being reviewed by the White House’s Office of Information and Regulatory Affairs. Some may still need to be published in the Federal Register.

Brittany Bolen, an attorney at Sidley Austin, who has been monitoring regulations, stated that there may be a potential delay at OIRA due to the increase in actions being submitted for review.

However, unexpected events can occur. Bolen, who was leading the policy team at the Trump EPA at the time, recalls the impact of the Covid-19 pandemic on the United States in 2020. With federal offices shutting down and Congress focusing on passing relief measures for the virus, there was a delay in the regulatory process.

According to Bolen, our original timeline for operations was in May but it has been delayed until August.

However, Republican legislators are strongly opposed to several of Biden’s policies. This could potentially cause issues for them in 2025.

Joseph Brazauskas, who was in charge of the Environmental Protection Agency’s (EPA) congressional and intergovernmental relations office during the Trump administration, stated that there has been significant resistance from Republicans in Congress to the implementation of these regulations.

Those include EPA’s forthcoming rules on power plants’ greenhouse gas emissions and vehicles’ tailpipe pollution, said Brazauskas, now senior counsel for the Policy Resolution Group at the law firm Bracewell.

The most recent regulatory plan from the administration, published in December, outlines the anticipated timeline for agencies to implement their rules and release final versions.

A representative from the Office of Management and Budget stated that the office does not provide feedback on regulations currently under evaluation.

Environmental activists are paying close attention to several major regulations.

EPA

The EPA is working diligently to finalize a set of significant regulations related to climate change, water management, and chemical control under the Biden administration.

In the upcoming month, the EPA plans to complete a regulation that identifies the chemicals PFOA and PFOS, also known as “forever chemicals,” as hazardous substances according to the Superfund law.

Anticipated in March are highly monitored regulations on climate, including updated restrictions on vehicle emissions for cars and trucks. These regulations, currently being evaluated by the White House, have the potential to increase the prevalence of electric vehicles in the market to 66% of car and light truck sales by 2032, according to the EPA’s projections.

Additionally, the organization’s goal is to complete the long-awaited regulations for limiting greenhouse gas emissions from power plants by April. This regulation would mandate the use of modern technologies for fossil fuel plants in order to reduce their impact on the environment, potentially resulting in the closure of some plants.

Last year, EPA Administrator Michael Regan spoke with POLITICO’s E&E News in an interview.

The agency stated that it was making progress.

to complete its regulations on climate.

In April, the EPA aims to complete their efforts to require energy companies to clean up coal ash at power plants and disposal sites that are no longer in use. This could be quite expensive for these companies. Coal ash, a hazardous byproduct of coal-powered plants, has the potential to leak from storage ponds and landfills, causing contamination of groundwater in the surrounding areas.

The Environmental Protection Agency (EPA) plans to release an updated rule regarding lead and copper levels in drinking water systems. This would prompt quicker measures to decrease lead exposure and mandate the replacement of lead pipes within a 10-year timeframe.

The completion of that regulation is not anticipated until October, as stated in the administration’s regulatory schedule.

The EPA spokesperson, Remmington Belford, stated that the EPA is putting in significant effort to complete multiple crucial regulations this season in order to safeguard the health of the public and the environment for all Americans.

Federal workforce

The Biden administration is drafting a regulation that could significantly impact workers in environmental agencies.

the creation of a new federal agency called the National Background Investigations Bureau

The Office of Personnel Management suggested the establishment of a federal organization known as the National Background Investigations Bureau in the previous year.

increased protection measures for government employees

According to the regulation, career employees will maintain their civil service protections unless they choose to take on a political appointee position. In addition, there are certain stipulations in place when converting career positions into political appointments.

If Trump is victorious in November, the regulation could provide crucial protection for government workers.

Prior to his departure from the White House, former President Trump issued an executive order that aimed to establish a new category of government employees, known as Schedule F. This classification would have allowed for the conversion of many career officials into at-will appointees, making them more susceptible to termination. However, President Biden swiftly rescinded this order upon assuming office.

The rule, which had its time for feedback end in November of last year, is scheduled to be finished by April.

According to office spokesperson Viet Tran, OPM is dedicated to safeguarding the rights of federal employees who provide essential services to communities across the country.

White House

The long-awaited revision for environmental permitting is nearing completion as the Council on Environmental Quality presented the regulation for White House approval in January.

The revisions known as “Phase 2” for the National Environmental Policy Act, a significant law established in the 1960s, have the goal of expediting the progress of clean energy and power transmission projects. Previous legislative efforts to achieve these objectives have faced obstacles in Congress for an extended period. This revision would accelerate the approval process for initiatives like wildfire management, electric vehicle charging infrastructure, and offshore wind energy. Additionally, it would undo elements of a Trump administration regulation that aimed to change how the statute is enforced by the government.

The Biden regulation is projected to be finished by April, according to the administration’s most recent regulatory schedule.

Interior Department

Significant suggestions regarding the utilization of government-owned territory are currently being developed, ranging from fresh stipulations on extracting oil and gas to cementing the importance of preservation on the 245 million acres under the jurisdiction of the Bureau of Land Management.

The officials of the Bureau have stated that the proposed changes in conservation would prioritize it as equally important as energy development, livestock grazing, and recreation on public lands. This is seen as crucial in safeguarding Western rangelands, which are becoming more susceptible to drought in a progressively warmer climate.

But Republicans in Congress and in Western states have railed against the proposal, with Sen. John Barrasso (R-Wyo.) last year calling it

The term “illegal” indicates that it is highly likely to be reversed. BLM intends to officially implement the rule in April.

The Bureau of Land Management (BLM) has several important proposals related to oil and gas that are still awaiting approval. One proposal, which was released in the previous year, aims to raise royalties to meet the minimum requirements set by the Inflation Reduction Act. Another proposal, planned for implementation in 2022, seeks to restrict the release of methane, a greenhouse gas, through venting and flaring practices on public lands where there is high potential for oil production. According to the administration’s regulations plan, both proposals were supposed to be completed by this spring.

The timeline for a controversial Interior rule aimed at safeguarding migratory birds is currently unknown. The Fish and Wildlife Service has put forth a plan to establish a permit system under the Migratory Bird Treaty Act, which would regulate the incidental killing of birds by industries.abruptly pulled back
This refers to a review conducted by OIRA in December of last year.

The Trump team may be unhappy with some decisions made by the Biden administration towards the end of his term, particularly regarding the Endangered Species Act. This includes a decision on whether to classify the monarch butterfly as threatened or endangered, as well as determining its critical habitat. The Fish and Wildlife Service is expected to take action on this in September.

The White House is currently reviewing the proposed changes to the Endangered Species Act and critical habitat decisions, which are expected to be finalized by April according to the regulatory plan.

Energy Department

Rule watchers are keeping tabs on several big efficiency standards

The Energy Department is expected to release new regulations for gas stoves, following the controversial efficiency standards set by the DOE.

New regulations for clothes washers and dryers are expected imminently. Other potential major regulations include residential water heaters and distribution transformers — both expected by April.

The Department of Energy (DOE) is anticipated to release energy efficiency rules in the current year for various household and commercial appliances such as dishwashers, ceiling fans, boilers, vending machines, electric motors, and ice makers.

This report was contributed to by Brian Dabbs, Heather Richards, and Laura Maggi.