The Environmental Protection Agency’s (EPA) May 23 regulatory agency includes items related to the Clean Water Act, lead paint programs, Clean Air Act and post-construction stormwater, among other items.

Clean Water Act
On April 21, EPA and the U.S. Army Corps of Engineers published a proposed rule that aims to clarify the definition of “waters of the U.S.” under the Clean Water Act which would significantly expand federal control of land and water resources across the nation – creating additional permitting and regulatory requirements. The public has until July 21 to submit written comments on the proposal; ABC as part of the Waters Advocacy Coalition (WAC) requested the agency grant an extension on the comment period.

WAC submitted comments on the draft scientific report on the connectivity of water, which is intended to guide the proposed rulemaking. The report, along with the comments received, is undergoing an independent peer review by the Scientific Advisory Board Panel. The rule will not be finalized until the final version of the scientific assessment is complete.  The rule is listed on the agenda to go final in April 2015.

Clean Air Act
The Obama Administration released a climate action plan which aims to drastically reduce carbon pollution from new and existing power plants by 30 percent below the 2005 emissions rate.  Based on this plan, the EPA is releasing three proposed rules aimed at achieving this goal. In 2012, the agency released the first proposal in regard to newly constructed affected sources, with the agenda listing January 2015 for a final rule. In the upcoming weeks, EPA will be publishing in the federal register proposed rules for modified and reconstructed sources, as well as existing power plants. The public will be given 120 days to submit comments from the date it is published in the federal register. The regulatory agenda has both rules going final in June 2015.

Lead Paint Renovation Repair and Painting Program
EPA has moved a rulemaking that would expand its existing Lead Paint Renovation and Repair Painting rule to include public and commercial buildings from long term action to going final in July 2015. The agency in 2014 is planning to hold a Small Business Advocacy Review Panel to get feedback from small entities on the rule’s impact.

On May 30, the agency published a proposed framework for identifying and evaluating lead-based paint hazards from renovation, repair, painting activities in public and commercial buildings. The public has until June 30 to submit comments on the framework.

Post-Construction Stormwater
EPA continues to list its post-construction stormwater rule under long-term action. In a 2010 settlement agreement, EPA agreed to issue a proposed national stormwater rule for developed and redeveloped sites by June 2013. The agency has yet to issue a proposed rule.