Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a direct final rule from the EPA on “Initiation of Sunset Dates to Covered Regulations”. This rule was not listed in the Spring 2025 Unified Agenda.
This rulemaking is almost certainly the EPA’s response to EO 14270, Zero-Based Regulatory Budgeting To Unleash American Energy. Section 4(a) of that EO requires listed agencies (including the EPA) to:
“To the extent consistent with applicable law, each of the Covered Agencies shall issue a sunset rule, effective not later than September 30, 2025, that inserts a Conditional Sunset Date into each of their Covered Regulations”
The EPA is one of two ‘covered’ agencies for which the EO
does not specify the ‘Covered Regulations’. Instead §3(j) requires the EPA
to “shall provide to the President, through the Director of the Office of
Management and Budget (OMB Director), a list of statutes vesting EPA and ACE
with regulatory authority that shall be subject to this order”. So, at this
point it is not clear which EPA statutes inform the selection of regulations
for the sunsetting requirements.
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