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Executive Report:   


Published: 01/15/2003

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Changes to EPA Regulatory Agenda

In the past two years, EPA has withdrawn 48 rules from its agenda, one of which is economically significant -- a rule on corrective action for solid waste management. EPA has also added three economically significant rules, including an implementation rule for the National Ambient Air Quality Standards (NAAQs), a rule on non-road diesel engines, and one on electric steam generating units, required by legal deadline.


Despite its withdrawals, EPA's agenda remains bogged down with a large number of rules that have sat motionless for years. Twenty of the 23 economically significant rules on EPA's most recent agenda were inherited from the previous administration.

For instance, an economically significant rule on particulate matter in the air, which has been linked to potentially fatal cardiopulmonary disease and a variety of environmental problems, has been in the works since 1997 (62 FR 38421, July 16, 1997). Citing a large volume of research that still needs to be reviewed, the agency allowed a statutory deadline of July 1, 2002, to pass without a rulemaking. The latest regulatory agenda predicts a final rulemaking in July of 2004 -- two years past the initial deadline.

In another case, an economically significant rule on groundwater contamination by pesticides has stalled. Groundwater is a major source of drinking water in the United States, and contamination by pesticides, a number of which are known carcinogens, is widely recognized as a serious threat to public health.

A Notice of Proposed Rulemaking (NPRM) for the Groundwater and Pesticide Management Plan Rule appeared in the Federal Register June 26, 1996. The rule remained on the agency's agenda for years without ever moving forward. In the spring of 2002, the Bush administration shifted the status of the rule from final, where it had stalled, to long-term action, indicating no action is expected in the next year.

Two other rules targeted at reducing carcinogens and pathogens in drinking water appear as proposed rules on the agency's most recent agenda -- exactly where they were 2 years ago when Bush took office.