Insight
December 1, 2015
Administration’s Fall 2015 Regulatory Agenda Imposes $118 Billion in Costs
The biannual tradition of delaying the release of the nation’s regulatory agenda ended last week with the formal publication of the Unified Agenda. An American Action Forum (AAF) review of the data found at least $118 billion in planned regulatory costs.
Once again, there are few surprises in the regulatory agenda. The administration listed 22 new “economically significant” regulations, up from 18 in the previous agenda. It appears the administration wants to avoid the rush of “midnight regulation,” as the next three months will be busy. If all of the rules are released during the next quarter as planned, costs could reach $33 billion. Notable rulemakings during that period include: the renewable fuels standard, workplace silica rules, Artic drilling regulations, and the revision of nutritional labels.
The early flurry of activity next year could be in response to fears that the Congressional Review Act (CRA) could be used to rescind some rules in 2017. The later the administration publishes significant rulemakings in 2016, the more likely Congress and the next president will be able to repeal those rules. It’s also notable that there are few significant rulemakings scheduled for November or December next year, the traditional “midnight” period.
In fact, some rules were actually moved out of this “midnight” period earlier in the year. Despite the narrative that regulations are always being delayed, several rules are being expedited, at least compared to previous schedules. For example, GHG standards for trucks was initially set for final publication in January, 2017; that has been moved up to July 2016. Silica standards for workers did not have a firm deadline, but the administration now targets February, 2016 for a final rule. Finally, revised nutritional labels also received an expedited timeframe for completion.
Below, there are approximately 40 notable rulemakings and their scheduled publication dates.
November 2015 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
HHS |
Final |
Regulation on the Sale of Tobacco Products |
|||
HUD |
Proposed |
Smoke-Free Public Housing |
|||
HHS |
Final |
Covered Outpatient Drugs |
|||
Energy |
Final |
Conservation Standards: Warm Air Furnaces |
|||
Energy |
Proposed |
Conservation Standards: Central Air Conditioners |
|
December 2015 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
Energy |
Final |
Conservation Standards: Large Commercial A/C |
|||
Treasury |
Final |
Assessment of Fees for Large Banks |
|
||
Energy |
Final |
Conservation Standards: Hearth Products |
|||
EPA |
Final |
Renewable Fuels Standard |
January-February 2016 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
Energy |
Final |
Conservation Standards: Gas Furnaces |
|||
DOL |
Final |
Exposure to Crystalline Silica |
|||
DOL |
Final |
Unified and Combined State Plans |
|||
Interior |
Final |
Arctic Drilling Regulations |
|||
Energy |
Final |
Conservation Standards: Boilers |
|||
DHS |
Final |
F-1 Nonimmigrant Students |
|||
DOJ |
Final |
Implementation of ADA Amendments |
|||
DHS |
Final |
Worker Identification Credential |
|||
DOL |
Proposed |
Paid Sick Leave for Contractors |
|
March 2016 |
||||
---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
HHS |
Final |
Revision of Nutrition Labels |
||
HHS |
Final |
Serving Sizes of Foods |
||
DOT |
Final |
Commercial Driver’s License Clearinghouse |
||
CFPB |
Final |
Requirements for Prepaid Cards |
||
DOL |
Final |
Persuader Agreements |
|
April 2016 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
Energy |
Final |
Conservation Standards: Ovens |
|||
HHS |
Final |
Sanitary Transportation of Human and Animal Food |
|||
DOL |
Final |
Personal Fall Protection Systems |
|||
HHS |
Final |
Medicaid, CHIP, and Managed Care |
June 2016 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
HHS |
Final |
Head Start Performance Standards |
|||
HHS |
Final |
Nondiscrimination: Health Programs |
|||
EPA |
Final |
Emissions Standards for Fracking |
July-August 2016 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
EPA |
Proposed |
Phase 2: GHG Standards for Heavy-Duty Engines, Vehicles |
|||
Energy |
Final |
Conservation Standards: Dishwashers |
|||
DOL |
Final |
Overtime Exemptions |
September-October 2016 |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
HHS |
Final |
Protection of Human Subjects |
|||
HHS |
Final |
Requirements for Long-Term Care |
|||
DOJ |
Final |
ADA Guidelines for Passenger Vessels |
|||
SEC |
Final |
Investment Company Modernization |
|||
SEC |
Final |
Standards for Covered Clearing Agencies |
|||
SEC |
Final |
Rules for Security Swap Dealers |
Long-Term |
|||||
---|---|---|---|---|---|
Agency |
Rule Stage |
Rule |
RIN |
Cost (in millions) |
|
DOL |
Final |
Conflict of Interest-Fiduciary |
|||
HHS |
Final |
Requirements for Discharge Plans |
|||
EPA |
Final |
Formaldehyde Emissions Standards for Composite Wood Products |
Possible Cost: $118 Billion
The $118 billion estimate contains just 38 monetized figures and an incredible amount of uncertainty. The public does not know the cost of proposed rulemakings not yet published, nor the countless other rules that will be final next year, but were excluded from this agenda. Final costs could balloon or diminish significantly compared to earlier versions.
The administration’s time in office is coming to a close and there appears to be an effort to publish final rules during the first quarter of next year. As rulemaking timelines inch toward the end of 2016, lawmakers in the next Congress could take aim at these “midnight” regulations.