EPA Review of Regulations Recognizes That Its Regulations are Sometimes Inconsistent and Overbroad

In August, EPA published a document entitled “Improving Our Regulations: Final Plan for Periodic Retrospective Reviews of Existing Regulation,” which outlines EPA’s plan to review and streamline its regulations, with a goal of “reducing unjustified burdens and costs.”  The document openly recognizes many things the regulated community has complained about for years, including that there are significant inconsistencies between regulations and there are regulations that apply to activities they never should be applied to.

How should the regulated community respond?  First, EPA has established a number of on-line means for the public to participate in the process.  A number of dockets for public participation are available through EPA’s regulatory review website – Click here to view

A second response from the regulatory community will come in response to EPA enforcement actions.  EPA has often taken the broadest possible view of its regulations and its powers and has been very resistant to arguments that attempted to point out inconsistencies in the regulations or that the regulations could not have been intended to apply here.  Now that EPA recognizes the need to solve these problems internally, such arguments may have greater efficacy.