The Biden Administration recently released its first Unified Agenda of Regulatory and Deregulatory Actions. The agenda offers a view into the priority regulations that federal agencies are planning to work on over the next year. It provides more insight into plans to undo the regulatory policies of the preceding administration.
During his first day in office, President Biden directed agencies to review and revise many of the Trump Administration’s environmental rules – especially those that eased burdens from the Obama Administration. The unified agenda reveals that agencies plan to move quickly on all the rules specifically mentioned in that executive order.
Both the DOT and EPA plan to propose new fuel economy standards for cars and light trucks next month. The proposal would replace the Trump Administration’s signature deregulatory rule which eased annual required increases in fuel efficiency. The new rule is anticipated to be even more stringent than the Obama Administration’s version.
The administration plans to issue newly proposed methane rules on oil and natural gas production by October 2021, with final rules due one year later. In addition to reviving and strengthening standards on new sources of pollution, the EPA plans to simultaneously issue a rule that would regulate existing sources for the first time.
The EPA also plans to propose a new rule underpinning Mercury Air Toxics Standards in August 2021. That rule would replace a 2020 Trump Administration rule, which replaced a 2012 Obama Administration rule.
The DOE is working on an energy efficiency rule mentioned in the executive order. It plans on finalizing revised procedures for new or revised energy conservation standards and test procedures for consumer products and commercial and industrial equipment by September 2021. This timeline is aggressive considering the agency published the first round of a two-round proposed rulemaking just two months ago.
The Council on Environmental Quality is planning a two-phase rulemaking to revise a 2020 Trump Administration rule on implementing the National Environmental Policy Act (NEPA).
OSHA plans to resurrect provisions of an Obama Administration rule on recording instances of workplace injuries and illnesses that were removed by the Trump Administration.
Several other rules from the Trump Administration are targeted for repeal or revision. If finalized, these rules would return regulations to the status quo under the Obama Administration. These include a revision of a Trump Administration rule on blowout preventers for offshore drilling operations, which reversed an Obama Administration rule.
To view the plan, click here.