A new Executive Order, signed by President Trump on January 30 seeks to establish a zero net cost threshold for the promulgation of any new federal regulations. To achieve this goal, the Order requires that “Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.”
While the overall intent of the Order is clear and in line with the Trump administration’s promises to curtail the cost and impact of regulations from the full spectrum of federal agencies, many details of its applicability and implementation are less certain. As part of the order, the Director of the Office of Management and Budget is tasked with developing guidance that will establish the actions qualifying as new and offsetting regulations as well as processes for estimating and comparing regulatory costs. AMWA staff will continue to monitor the implementation of the Order as well as the guidance development process to get further clarity on potential impacts on specific drinking water regulatory processes.