How the Congressional Review Act Will Impact EPA Regulations

MARCH 6, 2017

On January 30, 2017, President Trump introduced an executive order intended to reduce regulation and control regulatory costs. The executive order requires federal agencies to identify two prior issued regulations for elimination for every one new proposed regulation. In other words, whenever an executive department or agency proposes a new regulation, it must identify at least two regulations to be repealed.

In addition to Trump’s executive order, Congress is utilizing the Congressional Review Act (CRA), a law which allows Congress 60 legislative days to review and overrule any new federal regulations issued by governmental agencies within the last six months. This seldom-used legislative tool is intended to create a streamlined process to dismantle certain Obama administration regulations.

While much remains unclear on any implications Trump’s executive order and the CRA could have for the hazardous waste industry, here are the facts:

• The executive order does not apply to regulations regarding the military, national security or foreign affairs, nor does it apply to regulations related to agency organization or personnel.
• The executive order does not apply to state regulations where most regulated medical waste (RMW) regulations and Environmental Protection Agency (EPA) regulations are implemented.
• The executive order only applies to significant regulatory actions, which refers to anything with an annual economic effect of more than $100 million.

Clean Earth will continue to monitor the CRA closely and provide any important updates on the state of future regulations as it relates to the hazardous waste industry.

For more information on how we can help you remain compliant with the latest hazardous waste regulations, click here for a list of our service offerings.