When Lisa Jackson became the Adminis-trator of the U.S. Environmental Protection Agency (EPA) in 2009, she announced an aggressive agenda to develop new Clean Air Act regulations or strengthen existing ones, particularly those that had been adopted by her predecessor. Because of the economic woes and high unemployment rate facing America today, this aggressive agenda has both been moderated and slowed. Below we address changes to three proposed or existing rules: (1) EPA’s decision not to finalize its reconsideration of the ozone National Ambient Air Quality Standards (NAAQS); (2) its recent proposal to increase the allowance allocation budget in several states under the Cross-State Air Pollution Rule; and (3) its decision to stay implementation of new emissions standards for major source boilers and for commercial and industrial solid waste incinerators.

These delays and modifications are consistent with President Barack Obama’s Executive Order 13,563, dated Jan. 18, 2011, which requires agencies to propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs and to tailor regulations to impose the least burden on society.1

EPA Ozone Standard

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