SPEED Act

— 425 — Environmental Protection Agency are statutorily required, and remove any regulatory differences between attainment and maintenance that are not explicitly required by law. l Streamline the process for state and local governments to demonstrate that their federally funded highway projects will not interfere with NAAQS attainment. l Adopt policies to prevent abuse of EPA’s CAA “error correction” authority.20 EPA historically has used this to coerce states into adopting its favored policies on pain of imposition of a Federal Implementation Plan (FIP). l Limit EPA’s reliance on CAA § 30121 general rulemaking authority to ensure that it is not abused to issue regulations for which EPA lacks substantive authority elsewhere in the statute. l If possible, return the standard-setting role to Congress. Climate Change l Remove the Greenhouse Gas Reporting Program (GHGRP) for any source category that is not currently being regulated. The overall reporting program imposes significant burdens on small businesses and companies that are not being regulated. This is either a pointless burden or a sword-of- Damocles threat of future regulation, neither of which is appropriate. l Establish a system, with an appropriate deadline, to update the 2009 endangerment finding. l Establish a significant emissions rate (SER) for greenhouse gasses (GHGs). Regulating Hydrofluorocarbons (HFCs) Under the American Innovation and Manufacturing (AIM) Act22 l Repeal Biden Administration implementing regulations for the AIM Act that are unnecessarily stringent and costly. l Refrain from granting petitions from opportunistic manufacturers to add new restrictions that further skew the market toward costlier refrigerants and equipment.

— 447 — Environmental Protection Agency 19. 42 U.S. Code § 7426(b), https://www.law.cornell.edu/uscode/text/42/7426 (accessed January 26, 2023). 20. 42 U.S. Code § 7410(k)(5)–(6), https://www.law.cornell.edu/uscode/text/42/7410 (accessed January 26, 2023). 21. 42 U.S. Code § 7601(a), https://www.law.cornell.edu/uscode/text/42/7601 (accessed January 26, 2023). 22. 42 U.S. Code § 7675, https://www.law.cornell.edu/uscode/text/42/7675 (accessed January 26, 2023). 23. 42 U.S. Code § 7411, https://www.law.cornell.edu/uscode/text/42/7411 (accessed January 26, 2023). 24. 42 U.S. Code § 7411(d). 25. 42 U.S. Code § 7412, https://www.law.cornell.edu/uscode/text/42/7412 (accessed January 26, 2023). 26. U.S. Environmental Protection Agency, “Summary of the Clean Water Act, 33 U.S.C. §1251 et seq. (1972),” last updated July 6, 2022, https://www.epa.gov/laws-regulations/summary-clean-water-act (accessed January 26, 2023). 27. U.S. Environmental Protection Agency, “Summary of the Safe Drinking Water Act, 42 U.S.C. §300f et seq, (1974),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-safe-drinking- water-acthttps://www.epa.gov/sdwa (accessed January 26, 2023). 28. Memorandum from David P. Ross, Assistant Administrator, Environmental Protection Agency, to Office of Water Program Directors, “Subject: Office of Water Policy for Draft Documents,” August 6, 2019, https:// www.epa.gov/sites/default/files/2020-12/documents/ow_policy_for_draft_documents_to_ow_program_ directors_signed_002.pdf (accessed January 26, 2023). 29. 33 U.S. Code § 1341, https://www.law.cornell.edu/uscode/text/33/1341 (accessed January 26, 2023). 30. Rapanos v. United States, 547 U.S. 715 (2006), https://supreme.justia.com/cases/federal/us/547/04-1034/ index.pdf (accessed January 25, 2023). 31. 33 U.S. Code § 1318, https://www.law.cornell.edu/uscode/text/33/1318 (accessed January 26, 2023). 32. 33 U.S. Code § 1342, https://www.law.cornell.edu/uscode/text/33/1342 (accessed January 26, 2023). 33. 33 U.S. Code § 1344, https://www.law.cornell.edu/uscode/text/33/1344 (accessed January 26, 2023). 34. U.S. Environmental Protection Agency, “Summary of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (1976),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary- resource-conservation-and-recovery-act (accessed January 27, 2023). 35. U.S. Environmental Protection Agency, “Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), 42 U.S.C. §9601 et seq. (1980),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response- compensation-and-liability-act (accessed January 27, 2023). 36. 42 U.S. Code § 7412(r), https://www.law.cornell.edu/uscode/text/42/7412 (accessed January 27, 2023). 37. 42 U.S. Code § 6924(n), https://www.law.cornell.edu/uscode/text/42/6924 (accessed January 27, 2023). 38. U.S. Environmental Protection Agency, “Summary of the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (1976),” last updated October 4, 2022, https://www.epa.gov/laws-regulations/summary-toxic-substances- control-act (accessed January 27, 2023). 39. U.S. Environmental Protection Agency, “Summary of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq. (1996),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/ summary-federal-insecticide-fungicide-and-rodenticide-act (accessed January 27, 2023). 40. U.S. Environmental Protection Agency, “Summary of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §301 et seq. (2002),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-federal- food-drug-and-cosmetic-act (accessed January 27, 2023). 41. U.S. Environmental Protection Agency, “The Frank R. Lautenberg Chemical Safety for the 21st Century Act,” last updated March 24, 2022, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r- lautenberg-chemical-safety-21st-century-act (accessed January 27, 2023), and “Highlights of Key Provisions in the Frank R. Lautenberg Chemical Safety Act for the 21st Century,” last updated February 12, 2020, https:// www.epa.gov/assessing-and-managing-chemicals-under-tsca/highlights-key-provisions-frank-r-lautenberg- chemical (accessed January 27, 2023). 42. U.S. Environmental Protection Agency, “Summary of the Endangered Species Act, 16 U.S.C. §1531 et seq. (1973),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-endangered- species-act (accessed January 27, 2023). 43. U.S. Environmental Protection Agency, “PRIA Overview and History,” last updated July 19, 2022, https://www. epa.gov/pria-fees/pria-overview-and-history (accessed January 27, 2023). — 448 — Mandate for Leadership: The Conservative Promise 44. Table, “EPA Budget by National Program Manager and Major Office,” in U.S. Environmental Protection Agency, United States Environmental Protection Agency Fiscal Year 2023 Justification of Appropriation Estimates for the Committee on Appropriations, p. 1076. 45. U.S. Environmental Protection Agency, “All Federal Advisory Committees at EPA,” last updated March 10, 2023, https://www.epa.gov/faca/all-federal-advisory-committees-epa (accessed March 20, 2023). 46. For example, EPA has steadfastly refused to follow Clean Air Act requirements that the Clean Air Scientific Advisory Committee provide, in the words of the U.S. Supreme Court, “unquestionably pertinent” advice on the “relative contribution to air pollution concentrations of natural… activity” as well as “any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance” of the NAAQS. Memorandum from E. Scott Pruitt, Administrator, Environmental Protection Agency, to Assistant Administrators, “Subject: Back-to-Basics Process for Reviewing National Ambient Air Quality Standards,” May 9, 2018, p. 4, https://www.epa.gov/sites/default/files/2018-05/documents/ image2018-05-09-173219.pdf (accessed January 25, 2023) (cited hereafter as Pruitt Memorandum, May 9, 2018), and Whitman v. American Trucking Associations, 531 U.S. 457, 470 n.2 (2001), https://supreme. justia.com/cases/federal/us/531/457/case.pdF (accessed January 25, 2023). Similarly, EPA has refused to follow legal requirements dating to the late 1970s regarding congressional requests for scientific advice. Pruitt Memorandum, May 9, 2018; U.S. Government Accountability Office, “EPA Science and Advisory Panels: Preliminary Observations on the Processes for Providing Scientific Advice,” testimony of J. Alfredo Gómez, Director, Natural Resources and Environment, GAO, before the Subcommittee on Superfund, Waste Management, and Regulatory Oversight, Committee on Environment and Public Works, U.S. Senate, GAO-15-636T, May 20, 2015, https://www.gao.gov/products/gao-15-636t (accessed January 25, 2023); and U.S. Government Accountability Office, “EPA Science Advisory Board: Policy Statement on Science Quality and Integrity,” GAO-17-526R, June 8, 2017, https://www.gao.gov/assets/gao-17-526r.pdf (accessed January 25, 2023). 47. 31 U.S. Code § 3729 et seq., https://www.law.cornell.edu/uscode/text/31/3729 (accessed March 20, 2023). 48. See Pruitt Memorandum, May 9, 2018. 49. H.R. 4383, Federal Advisory Committee Act, Public Law 92-463, 92nd Congress, October 6, 1972, https://www. congress.gov/92/statute/STATUTE-86/STATUTE-86-Pg770.pdf (accessed March 20, 2023). 50. 15 U.S. Code Chapter 56A, https://www.law.cornell.edu/uscode/text/15/chapter-56A (accessed January 27, 2023). 51. Indian Environmental General Assistance Act of 1992, 42 U.S. Code § 4368b, https://www.law.cornell.edu/ uscode/text/42/4368b (accessed January 27, 2023). 52. See U.S. Environmental Protection Agency, Office of General Counsel, EPA Legal Tools to Advance Environmental Justice, May 2022, https://www.epa.gov/system/files/documents/2022-05/EJ%20Legal%20 Tools%20May%202022%20FINAL.pdf (accessed January 25, 2023), and U.S. Environmental Protection Agency, Office of General Counsel, Office of Policy, “Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions,” August 2022, https://www.epa.gov/system/files/documents/2022-08/EJ%20 and%20CR%20in%20PERMITTING%20FAQs%20508%20compliant.pdf (accessed January 25, 2023). 53. 2 U.S. Code §§ 2000d–2000d-7, https://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-V (accessed January 27, 2023). 54. Students for Fair Admissions, Inc. v. University of North Carolina, No. 1:14CV954 (M.D.N.C. Sep. 30, 2019), https://www.leagle.com/decision/infdco20191008j38 (accessed January 27, 2023). 55. U.S. Environmental Protection Agency, EPA Region 2 Environmental Justice Action Plan, p. 24, https://www. epa.gov/sites/default/files/2016-03/documents/region_2_environmental_justice_action_plan.pdf (accessed January 27, 2023). 56. U.S. Environmental Protection Agency, “Summary of the National Environmental Policy Act, 42 U.S.C. §4321 et seq. (1969),” last updated September 12, 2022, https://www.epa.gov/laws-regulations/summary-national- environmental-policy-act (accessed January 27, 2023). 57. 31 U.S. Code § 1115, https://www.law.cornell.edu/uscode/text/31/1115 (accessed January 27, 2023).