SCOTUS may be poised to wipe out that authority.

https://www.cbsnews.com/news/supreme-court-chevron-deference...

Yes Congress did give the EPA authority to evaluate the evidence and promulgate rules but they did not give them the authority to violate the law. This is but the latest example of of the EPA being correctly guardrailed by the courts. I only wished that the courts could directly penalize the person at the EPA who knowingly exceeded their authority. Admittedly it was for a worthy cause but they or the Congress needs to remedy this through lawful channels.

“does not count as a significant new use since Inhance has been using this process since 1983”