Making good on one of his campaign promises, President Donald Trump issued an executive memorandum to all federal agencies on Jan. 24, 2017, putting a 60-day administrative hold on regulations that have either recently or not yet been published to the Federal Register.
The Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and Department of Transportation (DOT) all have regulations affected by the memorandum.
This is not an uncommon act. President Barack Obama did it when he took office in 2009, as did President George W. Bush before him. Memorandums like this allow newly appointed personnel to have the opportunity to review new and pending regulations, guidance documents, proposed rules and other recent “substantive actions” of various government agencies.
Here are the regulations, broken down by agency, that are under administrative review and their anticipated effective dates:
- Risk Management Plan (RMP) updated accidental release prevention requirements
- Renewable Fuel Standard Program
- Formaldehyde emission standards for composite wood products
- Certification requirements for pesticide applicators
- Revisions to the national emissions standards for radon emissions from operating mill tailings
- Several state-specific air quality plans
All of these regulations now have an effective date of March 21, 2017.
The EPA’s Hazardous Waste Generator Improvements Rule is not currently slated for review under this executive memorandum.
- Beryllium Rule (now has an effective date of March 21, 2017)
OSHA has not stated whether the Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) Rule, which was published in the Federal Register on November 18, 2016 and had an effective date of January 17, 2017, will be affected by the memorandum.
- Hazmat Harmonization Rule (HM 215N), including revised standards for shipping lithium batteries
- Minimum training standards for commercial driver’s licenses
- Railroad police officer training, hiring and transfer amendments
- Federal Aviation Administration airworthiness directives
All four of these regulations now have an effective date of March 21, 2017.
President Trump issued an additional memorandum directing the Secretary of Commerce to meet with executive departments and agencies and develop plans to support manufacturing by streamlining permitting requirements and reducing regulatory burdens. The intent is for each agency — including EPA, OSHA and DOT — to review regulations and get rid of any that are outdated, unnecessary or that cause extreme monetary burdens on employers resulting in higher consumer costs and impeding economic growth.
While these memorandums certainly have the potential to create significant changes in day-to-day operations at facilities across the United States, the extent of those changes is not yet clear. We will continue to closely monitor these rules and how they affect US facilities. Recordkeeping, reporting, training, required equipment and products all have the potential to change in the coming months.
Do you have questions about the specifics of any particular regulation or how your facility will be affected? If so, leave a comment below to get the conversation started.