U.S. Environmental Protection Agency Public Notices Evaluation of Existing Regulations: April 13th Federal Register Notice

The United States Environmental Protection Agency (“EPA”) issued an April 13th Federal Register Notice “seeking input on regulations that may be appropriate for repeal, replacement, or modification.” See 82 Fed. Reg. 17793.

The request for evaluation of existing regulations is mandated by the Trump Administration’s Executive Order (“EO”)13777 – Enforcing Regulatory Reform Agenda.

The EO directs federal agencies to establish a Regulatory Reform Task Force (“Task Force”).

EPA states that the duties of its Task Force is to identify regulations that:

• Eliminate jobs, or inhibit job creation;
• are outdated, unnecessary, or ineffective;
• impose costs that exceed benefits;
• create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies ;
• are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriates Act, 2001, or the guidance issued pursuant to that provision (focusing particularly on those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; or
• derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

The EO requires the Task Force to seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations on regulations that meet some or all of the previously referenced criteria.

EPA states that “commenters be as specific as possible, include any supporting data or other information such as cost information, provide a Federal Register or Code of Federal Regulations citation when referencing a specific regulation.”

The agency also requests that it be provided specific suggestions regarding repeal, replacement or modification.

A copy of the Federal Register Notice can be downloaded here.