[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7037-7043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01765]


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  Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents  

[[Page 7037]]


                Executive Order 13990 of January 20, 2021

                
Protecting Public Health and the Environment and 
                Restoring Science To Tackle the Climate Crisis

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. Our Nation has an abiding commitment 
                to empower our workers and communities; promote and 
                protect our public health and the environment; and 
                conserve our national treasures and monuments, places 
                that secure our national memory. Where the Federal 
                Government has failed to meet that commitment in the 
                past, it must advance environmental justice. In 
                carrying out this charge, the Federal Government must 
                be guided by the best science and be protected by 
                processes that ensure the integrity of Federal 
                decision-making. It is, therefore, the policy of my 
                Administration to listen to the science; to improve 
                public health and protect our environment; to ensure 
                access to clean air and water; to limit exposure to 
                dangerous chemicals and pesticides; to hold polluters 
                accountable, including those who disproportionately 
                harm communities of color and low-income communities; 
                to reduce greenhouse gas emissions; to bolster 
                resilience to the impacts of climate change; to restore 
                and expand our national treasures and monuments; and to 
                prioritize both environmental justice and the creation 
                of the well-paying union jobs necessary to deliver on 
                these goals.

                To that end, this order directs all executive 
                departments and agencies (agencies) to immediately 
                review and, as appropriate and consistent with 
                applicable law, take action to address the promulgation 
                of Federal regulations and other actions during the 
                last 4 years that conflict with these important 
                national objectives, and to immediately commence work 
                to confront the climate crisis.

                Sec. 2. Immediate Review of Agency Actions Taken 
                Between January 20, 2017, and January 20, 2021. (a) The 
                heads of all agencies shall immediately review all 
                existing regulations, orders, guidance documents, 
                policies, and any other similar agency actions (agency 
                actions) promulgated, issued, or adopted between 
                January 20, 2017, and January 20, 2021, that are or may 
                be inconsistent with, or present obstacles to, the 
                policy set forth in section 1 of this order. For any 
                such actions identified by the agencies, the heads of 
                agencies shall, as appropriate and consistent with 
                applicable law, consider suspending, revising, or 
                rescinding the agency actions. In addition, for the 
                agency actions in the 4 categories set forth in 
                subsections (i) through (iv) of this section, the head 
                of the relevant agency, as appropriate and consistent 
                with applicable law, shall consider publishing for 
                notice and comment a proposed rule suspending, 
                revising, or rescinding the agency action within the 
                time frame specified.

(i) Reducing Methane Emissions in the Oil and Gas Sector: ``Oil and Natural 
Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources 
Reconsideration,'' 85 FR 57398 (September 15, 2020), by September 2021.

(ii) Establishing Ambitious, Job-Creating Fuel Economy Standards: ``The 
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National 
Program,'' 84 FR 51310 (September 27, 2019), by April 2021; and ``The Safer 
Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 
Passenger Cars and Light Trucks,'' 85 FR 24174 (April 30,

[[Page 7038]]

2020), by July 2021. In considering whether to propose suspending, 
revising, or rescinding the latter rule, the agency should consider the 
views of representatives from labor unions, States, and industry.

(iii) Job-Creating Appliance- and Building-Efficiency Standards: ``Energy 
Conservation Program for Appliance Standards: Procedures for Use in New or 
Revised Energy Conservation Standards and Test Procedures for Consumer 
Products and Commercial/Industrial Equipment,'' 85 FR 8626 (February 14, 
2020), with major revisions proposed by March 2021 and any remaining 
revisions proposed by June 2021; ``Energy Conservation Program for 
Appliance Standards: Procedures for Evaluating Statutory Factors for Use in 
New or Revised Energy Conservation Standards,'' 85 FR 50937 (August 19, 
2020), with major revisions proposed by March 2021 and any remaining 
revisions proposed by June 2021; ``Final Determination Regarding Energy 
Efficiency Improvements in the 2018 International Energy Conservation Code 
(IECC),'' 84 FR 67435 (December 10, 2019), by May 2021; ``Final 
Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES 
Standard 90.1-2016: Energy Standard for Buildings, Except Low-Rise 
Residential Buildings,'' 83 FR 8463 (February 27, 2018), by May 2021.

(iv) Protecting Our Air from Harmful Pollution: ``National Emission 
Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric 
Utility Steam Generating Units--Reconsideration of Supplemental Finding and 
Residual Risk and Technology Review,'' 85 FR 31286 (May 22, 2020), by 
August 2021; ``Increasing Consistency and Transparency in Considering 
Benefits and Costs in the Clean Air Act Rulemaking Process,'' 85 FR 84130 
(December 23, 2020), as soon as possible; ``Strengthening Transparency in 
Pivotal Science Underlying Significant Regulatory Actions and Influential 
Scientific Information,'' 86 FR 469 (January 6, 2021), as soon as possible.

                    (b) Within 30 days of the date of this order, heads 
                of agencies shall submit to the Director of the Office 
                of Management and Budget (OMB) a preliminary list of 
                any actions being considered pursuant to section (2)(a) 
                of this order that would be completed by December 31, 
                2021, and that would be subject to OMB review. Within 
                90 days of the date of this order, heads of agencies 
                shall submit to the Director of OMB an updated list of 
                any actions being considered pursuant to section (2)(a) 
                of this order that would be completed by December 31, 
                2025, and that would be subject to OMB review. At the 
                time of submission to the Director of OMB, heads of 
                agencies shall also send each list to the National 
                Climate Advisor. In addition, and at the same time, 
                heads of agencies shall send to the National Climate 
                Advisor a list of additional actions being considered 
                pursuant to section (2)(a) of this order that would not 
                be subject to OMB review.
                    (c) Heads of agencies shall, as appropriate and 
                consistent with applicable law, consider whether to 
                take any additional agency actions to fully enforce the 
                policy set forth in section 1 of this order. With 
                respect to the Administrator of the Environmental 
                Protection Agency, the following specific actions 
                should be considered:

(i) proposing new regulations to establish comprehensive standards of 
performance and emission guidelines for methane and volatile organic 
compound emissions from existing operations in the oil and gas sector, 
including the exploration and production, transmission, processing, and 
storage segments, by September 2021; and

(ii) proposing a Federal Implementation Plan in accordance with the 
Environmental Protection Agency's ``Findings of Failure To Submit State 
Implementation Plan Revisions in Response to the 2016 Oil and Natural Gas 
Industry Control Techniques Guidelines for the 2008 Ozone National Ambient 
Air Quality Standards (NAAQS) and for States in the Ozone Transport 
Region,'' 85 FR 72963 (November 16, 2020), for California, Connecticut, New 
York, Pennsylvania, and Texas by January 2022.

[[Page 7039]]

                    (d) The Attorney General may, as appropriate and 
                consistent with applicable law, provide notice of this 
                order and any actions taken pursuant to section 2(a) of 
                this order to any court with jurisdiction over pending 
                litigation related to those agency actions identified 
                pursuant to section (2)(a) of this order, and may, in 
                his discretion, request that the court stay or 
                otherwise dispose of litigation, or seek other 
                appropriate relief consistent with this order, until 
                the completion of the processes described in this 
                order.
                    (e) In carrying out the actions directed in this 
                section, heads of agencies shall seek input from the 
                public and stakeholders, including State local, Tribal, 
                and territorial officials, scientists, labor unions, 
                environmental advocates, and environmental justice 
                organizations.

                Sec. 3. Restoring National Monuments. (a) The Secretary 
                of the Interior, as appropriate and consistent with 
                applicable law, including the Antiquities Act, 54 
                U.S.C. 320301 et seq., shall, in consultation with the 
                Attorney General, the Secretaries of Agriculture and 
                Commerce, the Chair of the Council on Environmental 
                Quality, and Tribal governments, conduct a review of 
                the monument boundaries and conditions that were 
                established by Proclamation 9681 of December 4, 2017 
                (Modifying the Bears Ears National Monument); 
                Proclamation 9682 of December 4, 2017 (Modifying the 
                Grand Staircase-Escalante National Monument); and 
                Proclamation 10049 of June 5, 2020 (Modifying the 
                Northeast Canyons and Seamounts Marine National 
                Monument), to determine whether restoration of the 
                monument boundaries and conditions that existed as of 
                January 20, 2017, would be appropriate.

                    (b) Within 60 days of the date of this order, the 
                Secretary of the Interior shall submit a report to the 
                President summarizing the findings of the review 
                conducted pursuant to subsection (a), which shall 
                include recommendations for such Presidential actions 
                or other actions consistent with law as the Secretary 
                may consider appropriate to carry out the policy set 
                forth in section 1 of this order.
                    (c) The Attorney General may, as appropriate and 
                consistent with applicable law, provide notice of this 
                order to any court with jurisdiction over pending 
                litigation related to the Grand Staircase-Escalante, 
                Bears Ears, and Northeast Canyons and Seamounts Marine 
                National Monuments, and may, in his discretion, request 
                that the court stay the litigation or otherwise delay 
                further litigation, or seek other appropriate relief 
                consistent with this order, pending the completion of 
                the actions described in subsection (a) of this 
                section.

                Sec. 4. Arctic Refuge. (a) In light of the alleged 
                legal deficiencies underlying the program, including 
                the inadequacy of the environmental review required by 
                the National Environmental Policy Act, the Secretary of 
                the Interior shall, as appropriate and consistent with 
                applicable law, place a temporary moratorium on all 
                activities of the Federal Government relating to the 
                implementation of the Coastal Plain Oil and Gas Leasing 
                Program, as established by the Record of Decision 
                signed August 17, 2020, in the Arctic National Wildlife 
                Refuge. The Secretary shall review the program and, as 
                appropriate and consistent with applicable law, conduct 
                a new, comprehensive analysis of the potential 
                environmental impacts of the oil and gas program.

                    (b) In Executive Order 13754 of December 9, 2016 
                (Northern Bering Sea Climate Resilience), and in the 
                Presidential Memorandum of December 20, 2016 
                (Withdrawal of Certain Portions of the United States 
                Arctic Outer Continental Shelf From Mineral Leasing), 
                President Obama withdrew areas in Arctic waters and the 
                Bering Sea from oil and gas drilling and established 
                the Northern Bering Sea Climate Resilience Area. 
                Subsequently, the order was revoked and the memorandum 
                was amended in Executive Order 13795 of April 28, 2017 
                (Implementing an America-First Offshore Energy 
                Strategy). Pursuant to section 12(a) of the Outer 
                Continental Shelf Lands Act, 43 U.S.C. 1341(a), 
                Executive Order 13754 and the Presidential Memorandum 
                of December 20, 2016, are hereby reinstated in their 
                original form, thereby restoring the original 
                withdrawal of certain offshore areas in Arctic waters 
                and the Bering Sea from oil and gas drilling.

[[Page 7040]]

                    (c) The Attorney General may, as appropriate and 
                consistent with applicable law, provide notice of this 
                order to any court with jurisdiction over pending 
                litigation related to the Coastal Plain Oil and Gas 
                Leasing Program in the Arctic National Wildlife Refuge 
                and other related programs, and may, in his discretion, 
                request that the court stay the litigation or otherwise 
                delay further litigation, or seek other appropriate 
                relief consistent with this order, pending the 
                completion of the actions described in subsection (a) 
                of this section.

                Sec. 5. Accounting for the Benefits of Reducing Climate 
                Pollution. (a) It is essential that agencies capture 
                the full costs of greenhouse gas emissions as 
                accurately as possible, including by taking global 
                damages into account. Doing so facilitates sound 
                decision-making, recognizes the breadth of climate 
                impacts, and supports the international leadership of 
                the United States on climate issues. The ``social cost 
                of carbon'' (SCC), ``social cost of nitrous oxide'' 
                (SCN), and ``social cost of methane'' (SCM) are 
                estimates of the monetized damages associated with 
                incremental increases in greenhouse gas emissions. They 
                are intended to include changes in net agricultural 
                productivity, human health, property damage from 
                increased flood risk, and the value of ecosystem 
                services. An accurate social cost is essential for 
                agencies to accurately determine the social benefits of 
                reducing greenhouse gas emissions when conducting cost-
                benefit analyses of regulatory and other actions.

                    (b) There is hereby established an Interagency 
                Working Group on the Social Cost of Greenhouse Gases 
                (the ``Working Group''). The Chair of the Council of 
                Economic Advisers, Director of OMB, and Director of the 
                Office of Science and Technology Policy shall serve as 
                Co-Chairs of the Working Group.

(i) Membership. The Working Group shall also include the following other 
officers, or their designees: the Secretary of the Treasury; the Secretary 
of the Interior; the Secretary of Agriculture; the Secretary of Commerce; 
the Secretary of Health and Human Services; the Secretary of 
Transportation; the Secretary of Energy; the Chair of the Council on 
Environmental Quality; the Administrator of the Environmental Protection 
Agency; the Assistant to the President and National Climate Advisor; and 
the Assistant to the President for Economic Policy and Director of the 
National Economic Council.

(ii) Mission and Work. The Working Group shall, as appropriate and 
consistent with applicable law:

  (A) publish an interim SCC, SCN, and SCM within 30 days of the date of 
this order, which agencies shall use when monetizing the value of changes 
in greenhouse gas emissions resulting from regulations and other relevant 
agency actions until final values are published;

  (B) publish a final SCC, SCN, and SCM by no later than January 2022;

  (C) provide recommendations to the President, by no later than September 
1, 2021, regarding areas of decision-making, budgeting, and procurement by 
the Federal Government where the SCC, SCN, and SCM should be applied;

  (D) provide recommendations, by no later than June 1, 2022, regarding a 
process for reviewing, and, as appropriate, updating, the SCC, SCN, and SCM 
to ensure that these costs are based on the best available economics and 
science; and

  (E) provide recommendations, to be published with the final SCC, SCN, and 
SCM under subparagraph (A) if feasible, and in any event by no later than 
June 1, 2022, to revise methodologies for calculating the SCC, SCN, and 
SCM, to the extent that current methodologies do not adequately take 
account of climate risk, environmental justice, and intergenerational 
equity.

[[Page 7041]]

(iii) Methodology. In carrying out its activities, the Working Group shall 
consider the recommendations of the National Academies of Science, 
Engineering, and Medicine as reported in Valuing Climate Damages: Updating 
Estimation of the Social Cost of Carbon Dioxide (2017) and other pertinent 
scientific literature; solicit public comment; engage with the public and 
stakeholders; seek the advice of ethics experts; and ensure that the SCC, 
SCN, and SCM reflect the interests of future generations in avoiding 
threats posed by climate change.

                Sec. 6. Revoking the March 2019 Permit for the Keystone 
                XL Pipeline. (a) On March 29, 2019, the President 
                granted to TransCanada Keystone Pipeline, L.P. a 
                Presidential permit (the ``Permit'') to construct, 
                connect, operate, and maintain pipeline facilities at 
                the international border of the United States and 
                Canada (the ``Keystone XL pipeline''), subject to 
                express conditions and potential revocation in the 
                President's sole discretion. The Permit is hereby 
                revoked in accordance with Article 1(1) of the Permit.

                    (b) In 2015, following an exhaustive review, the 
                Department of State and the President determined that 
                approving the proposed Keystone XL pipeline would not 
                serve the U.S. national interest. That analysis, in 
                addition to concluding that the significance of the 
                proposed pipeline for our energy security and economy 
                is limited, stressed that the United States must 
                prioritize the development of a clean energy economy, 
                which will in turn create good jobs. The analysis 
                further concluded that approval of the proposed 
                pipeline would undermine U.S. climate leadership by 
                undercutting the credibility and influence of the 
                United States in urging other countries to take 
                ambitious climate action.
                    (c) Climate change has had a growing effect on the 
                U.S. economy, with climate-related costs increasing 
                over the last 4 years. Extreme weather events and other 
                climate-related effects have harmed the health, safety, 
                and security of the American people and have increased 
                the urgency for combatting climate change and 
                accelerating the transition toward a clean energy 
                economy. The world must be put on a sustainable climate 
                pathway to protect Americans and the domestic economy 
                from harmful climate impacts, and to create well-paying 
                union jobs as part of the climate solution.
                    (d) The Keystone XL pipeline disserves the U.S. 
                national interest. The United States and the world face 
                a climate crisis. That crisis must be met with action 
                on a scale and at a speed commensurate with the need to 
                avoid setting the world on a dangerous, potentially 
                catastrophic, climate trajectory. At home, we will 
                combat the crisis with an ambitious plan to build back 
                better, designed to both reduce harmful emissions and 
                create good clean-energy jobs. Our domestic efforts 
                must go hand in hand with U.S. diplomatic engagement. 
                Because most greenhouse gas emissions originate beyond 
                our borders, such engagement is more necessary and 
                urgent than ever. The United States must be in a 
                position to exercise vigorous climate leadership in 
                order to achieve a significant increase in global 
                climate action and put the world on a sustainable 
                climate pathway. Leaving the Keystone XL pipeline 
                permit in place would not be consistent with my 
                Administration's economic and climate imperatives.

                Sec. 7. Other Revocations. (a) Executive Order 13766 of 
                January 24, 2017 (Expediting Environmental Reviews and 
                Approvals For High Priority Infrastructure Projects), 
                Executive Order 13778 of February 28, 2017 (Restoring 
                the Rule of Law, Federalism, and Economic Growth by 
                Reviewing the ``Waters of the United States'' Rule), 
                Executive Order 13783 of March 28, 2017 (Promoting 
                Energy Independence and Economic Growth), Executive 
                Order 13792 of April 26, 2017 (Review of Designations 
                Under the Antiquities Act), Executive Order 13795 of 
                April 28, 2017 (Implementing an America-First Offshore 
                Energy Strategy), Executive Order 13868 of April 10, 
                2019 (Promoting Energy Infrastructure and Economic 
                Growth), and Executive Order 13927 of June 4, 2020 
                (Accelerating the Nation's Economic Recovery from the 
                COVID-19 Emergency by Expediting Infrastructure 
                Investments and Other Activities), are hereby revoked. 
                Executive Order 13834 of May 17, 2018

[[Page 7042]]

                (Efficient Federal Operations), is hereby revoked 
                except for sections 6, 7, and 11.

                    (b) Executive Order 13807 of August 15, 2017 
                (Establishing Discipline and Accountability in the 
                Environmental Review and Permitting Process for 
                Infrastructure Projects), is hereby revoked. The 
                Director of OMB and the Chair of the Council on 
                Environmental Quality shall jointly consider whether to 
                recommend that a replacement order be issued.
                    (c) Executive Order 13920 of May 1, 2020 (Securing 
                the United States Bulk-Power System), is hereby 
                suspended for 90 days. The Secretary of Energy and the 
                Director of OMB shall jointly consider whether to 
                recommend that a replacement order be issued.
                    (d) The Presidential Memorandum of April 12, 2018 
                (Promoting Domestic Manufacturing and Job Creation 
                Policies and Procedures Relating to Implementation of 
                Air Quality Standards), the Presidential Memorandum of 
                October 19, 2018 (Promoting the Reliable Supply and 
                Delivery of Water in the West), and the Presidential 
                Memorandum of February 19, 2020 (Developing and 
                Delivering More Water Supplies in California), are 
                hereby revoked.
                    (e) The Council on Environmental Quality shall 
                rescind its draft guidance entitled, ``Draft National 
                Environmental Policy Act Guidance on Consideration of 
                Greenhouse Gas Emissions,'' 84 FR 30097 (June 26, 
                2019). The Council, as appropriate and consistent with 
                applicable law, shall review, revise, and update its 
                final guidance entitled, ``Final Guidance for Federal 
                Departments and Agencies on Consideration of Greenhouse 
                Gas Emissions and the Effects of Climate Change in 
                National Environmental Policy Act Reviews,'' 81 FR 
                51866 (August 5, 2016).
                    (f) The Director of OMB and the heads of agencies 
                shall promptly take steps to rescind any orders, rules, 
                regulations, guidelines, or policies, or portions 
                thereof, including, if necessary, by proposing such 
                rescissions through notice-and-comment rulemaking, 
                implementing or enforcing the Executive Orders, 
                Presidential Memoranda, and draft guidance identified 
                in this section, as appropriate and consistent with 
                applicable law.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented in a manner 
                consistent with applicable law and subject to the 
                availability of appropriations.

[[Page 7043]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 20, 2021.

[FR Doc. 2021-01765
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P