From protecting workers from heatstroke to regulating toxic chemicals, the Biden administration is likely to leave unfinished some of the key environmental and health protections it has proposed.
The fate of many of these restrictions will depend on the outcome of the November election, as they would likely continue under a Harris administration but likely not under a Trump administration.
While even completed rules are vulnerable under the new administration, it may take a lengthy process with intense scrutiny to reverse some of the progress the Biden administration has made on climate and health.
However, rules that are not yet enshrined in law may simply be scrapped.
The Biden Administration has implemented a number of significant steps aimed at combating climate change and improving environmental health, including passing billions of dollars for climate-friendly energy in the Inflation Control Act and regulations to limit global warming and toxic emissions from various sources.
However, it has not completed everything it originally planned, and likely will not complete it by the end of President Biden's term in January.
Here's some of the unfinished business he will leave behind:
Measures to prevent heatstroke in workers
One of the highest-profile items unlikely to be completed this term is Biden's effort to protect workers from extreme heat: His administration announced plans in 2021 to require companies to provide such protections for employees but did not propose them until this year.
The proposed rule would require businesses to provide employees with hydration and rest breaks during extreme heat. Breaks would have to include access to shade and air conditioning for employees who work outdoors, and access to cooler areas with fans, ventilators, or air conditioning for employees who work indoors.
But with time dwindling until the January inauguration, there is little room left to finalize the rules before Biden leaves office.
“Rulemaking processes are multi-year and often span multiple Administrations, and we are proud to be one step closer to helping ensure indoor and outdoor workers have the heat protection they need,” a Department of Labor spokesperson said in an email.
But Julie Fulcher, a worker health and safety advocate with the group Public Citizen, said the administration could “very easily shelve it” if former President Trump is elected and doesn't support the unfinished rules.
“Workers are dying from this, and the problem is only going to get worse as the summers get hotter and longer,” Fulcher said. “This is a very real danger, and workers are suffering but getting no protection from the federal government. Too many workers are at risk.”
Emissions limits for gas power plants
The Biden administration also delayed key pieces of landmark climate change regulation.
The commission last year proposed limiting global-warming emissions from existing coal-fired power plants, new gas-fired power plants and, for the first time, some existing gas-fired power plants.
But the Environmental Protection Agency (EPA) said it would ultimately remove restrictions on existing gas-fired power plants and set climate standards for those plants through separate rules.
At this point, completing such rules seems like a daunting task and will likely be left to the next administration.
Trump has called the Biden administration's existing power plant restrictions part of an “anti-American energy crusade” and said he would roll them back, making it highly unlikely he would pursue anything further if re-elected.
Regulating “Forever Chemicals”
A third rule Biden is unlikely to complete is an effort to limit the release of toxic chemicals known as PFAS.
PFAS, short for per- and polyfluoroalkyl substances, is a general term for thousands of chemicals used to make products non-stick, waterproof, etc. Exposure to these toxic substances, which are widespread in the environment and in Americans' bodies, has been linked to cancer and other health problems.
The EPA issued notice in 2021 that it plans to impose limits on PFAS emissions by companies that manufacture them, but a proposed rule to do so has not even been proposed, much less completed.
The EPA set drinking water limits for some PFAS earlier this year, requiring water suppliers to filter them out, but the rules did not address ongoing releases.
“The quantities of PFAS that have been released over the last 60, 70 years are enormous, and because they're forever chemicals, they're still in the environment. We shouldn't be adding to this problem,” said Melanie Benesh, vice president of government relations for the Environmental Working Group.
“Stopping PFAS at the source is one of the most important things any administration can do to mitigate this PFAS crisis,” Benesh said.
An EPA spokesman said the agency is “committed to developing and implementing policies that will stand the test of time” and that are “based on the best available scientific and technical record and on strong and comprehensive stakeholder engagement.”
What would a Harris or Trump administration do?
The Harris campaign did not respond to The Hill's questions about whether it would continue to pursue these protections if Vice President Harris wins the presidential election, but its policy positions appear to be broadly aligned with the Biden campaign's.
In response to the same question, the Trump campaign did not address the specific regulations The Hill asked about, but spokeswoman Carolyn Leavitt said in a written statement that Trump “will make America energy independent again, lower prices for American consumers, and keep digging!”
In addition to the rules already proposed, environmentalists are calling for further climate change action.
Craig Segall, vice president of climate advocacy group Evergreen, told The Hill that the next administration should do more to push for the decarbonization of transportation and industry.
“We've taken a lot of steps to start putting money into demonstration projects and rebuilding domestic manufacturing,” Segal said. “That's all great, but now it's really important that we have federal standards that aggressively drive the decarbonization of our industry.”
