• Mark Ryan

The Proposed Mens Rea Regs Never Went Final

In my Dec. 11 blogpost, I discussed the proposed new regulations to amend the EPA regulations used to approve state programs under 402 and 404. The public comment period ended last week, giving EPA a razor-thin margin to finalize them. They didn't make it. It was likely one rule too many for the final days. This puts it in the lap of the incoming Biden administration, which, I suspect, will revisit the proposed changes and reissue sometime down the road after they deal with a thousand other brush fires.

Given the large number of executive orders Biden has announced he will sign on his first day in office, I think it safe to say we'll see some dramatic changes at EPA, and quickly. Let's just hope that the new political appointees listen to the career staff. The Trump appointees sidelined the career people, and it resulted in a lot of mistakes being made.

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