Semiannual Regulatory Priorities Set by EPA and OSHA
The fall 2018 regulatory agendas for EPA and OSHA have been published. What will these agencies be focusing their efforts on in 2019? Find out in our blog!
Twice a year each of the President’s cabinets and executive agencies submits a regulatory agenda for the upcoming months. It’s a list of priorities and which regulatory areas they intend to focus on.
⚡ TL;DR: EPA and OSHA publish semiannual regulatory agendas showing which rules they’ll develop, modify, or enforce. Key priorities include air/water/waste permitting, beryllium standards, lead exposure, and emissions controls. Read these agendas to stay ahead of enforcement actions and avoid surprise non-compliance citations.
⚠️ The Pain: Most facilities don’t monitor regulatory agendas until a rule is published as final—meaning they’re already behind. OSHA and EPA look for non-compliance during agenda items they’ve publicly committed to enforcing. Facilities that discover they’re affected only after the agency publishes final guidance face expensive emergency compliance retrofits and higher citation penalties.
EPA Air Quality priorities include New Source Review and Title V Permitting simplification, Electric Utility Greenhouse Gas Rules, Oil and Gas New Source Performance Standards review, and Safer Affordable Fuel-Efficient Vehicles Rule.
EPA Water Quality priorities include National Primary Drinking Water Regulations for Lead and Copper and Perchlorate, Peak Flows Management, “Waters of the U.S.” redefinition, Clean Water Act Section 404(c) updates, and Steam Electric Power Generating Point Sources reconsideration.
EPA Waste and Land Contamination priorities include Per- and Polyfluoroalkyl Substances designation, Accidental Release Prevention Regulations changes, and Disposal of Coal Combustion Residues modifications.
EPA Chemical Safety priorities include TSCA Amendments evaluation, Lead Dust Hazards strengthening, and Pesticide Safety changes.
OSHA priorities include Electronic Reporting changes to protect personally identifiable information, Beryllium standard revisions for shipyards and construction, and Standards Improvement Project Phase IV for fixing errors and updating technical references.
Smart facilities read the regulatory agendas six months in advance, then conduct a gap analysis to determine which rules apply to them. If your facility appears in a priority area (air permits, hazardous waste, beryllium work, lead exposure, etc.), you should already be assessing your compliance status and planning any needed operational changes. Waiting until the rule is finalized means paying emergency rates for compliance work and facing higher OSHA penalties if you’re found non-compliant.
Frequently Asked Questions
Q: How often do EPA and OSHA set their regulatory priorities?
A: EPA and OSHA, along with all cabinet and executive agencies, submit regulatory agendas semiannually to identify priorities and focus areas for the upcoming months. These agendas provide visibility into which regulations agencies plan to develop, modify, or enforce during the upcoming period.
Q: What were EPA’s air quality priorities identified in the regulatory agenda?
A: EPA’s air quality priorities included New Source Review and Title V Permitting simplification, Electric Utility Greenhouse Gas Rules, Oil and Gas New Source Performance Standards review, and the Safer Affordable Fuel-Efficient Vehicles Rule. These priorities affect facilities with air permits and utilities managing emissions.
Q: Which water quality areas is EPA prioritizing?
A: EPA’s water quality priorities include National Primary Drinking Water Regulations for Lead and Copper, Perchlorate contamination, Peak Flows Management, Waters of the U.S. redefinition, Clean Water Act Section 404(c) updates, and Steam Electric Power Generating Point Sources reconsideration, affecting water systems and industrial discharges.
Q: What major changes is OSHA focusing on in its regulatory agenda?
A: OSHA priorities include Electronic Reporting changes to protect personally identifiable information, Beryllium standard revisions for shipyards and construction, and Standards Improvement Project Phase IV to fix errors and update technical references. These updates affect reporting compliance, shipyard operations, and construction safety standards.
💰 Regulatory Monitoring ROI: Spending $5,000–$15,000 annually on proactive regulatory monitoring and gap analysis prevents emergency compliance costs of $50,000–$500,000+ when rules change. Facilities that act early during the agenda phase also avoid OSHA’s higher penalty assessments for companies that lag behind published guidance.
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