The Impact of Holiday Weeks on Regulation in the United States

Over the past two weeks, the federal agencies have been busy spreading holiday cheer through a flurry of regulatory activity. With the holiday-shortened week only providing three workdays, it’s no surprise that this edition of the Week in Regulation combines the highlights from the past fortnight. The Federal Register was bustling with 31 rulemakings that carried some economic weight. Almost all of them were final rules, indicating that the Biden Administration is in its “midnight regulation” phase.

Among the standout agencies, the Departments of Agriculture (USDA) and Energy (DOE), along with the Environmental Protection Agency (EPA), took the spotlight. The total costs of all these rulemakings amounted to $5.5 billion, accompanied by an additional burden of 7.2 million annual paperwork hours.

Let’s break it down:

– Proposed Rules: 73
– Final Rules: 173
– Total Pages in 2024: 106,106
– Total Costs of Final Rules in 2024: $1.35 trillion
– Total Costs of Proposed Rules in 2024: $128.8 billion

EPA led the charge with seven consequential rulemakings, totaling $2.9 billion in costs and nearly 700,000 hours of paperwork. The focus was on regulating chemicals like trichloroethylene, perchloroethylene, and carbon tetrachloride under the Toxic Substances Control Act.

Following closely, DOE and USDA made significant economic impacts over these weeks. DOE set forth energy efficiency standards for Walk-in Coolers, Walk-in Freezers, and Consumer Gas-fired Instantaneous Water Heaters, with a combined cost of around $1.8 billion. On the other hand, USDA implemented provisions of the Fiscal Responsibility Act (FRA) of 2023, affecting SNAP program requirements and resulting in $642 million in administrative costs and 4.5 million hours of new paperwork annually.

As we track the administration’s regulatory actions, it’s clear that the Biden Administration is making its mark. With final costs increasing by $5.3 billion and paperwork burdens rising by 7 million hours, the administration’s regulatory totals have surpassed $1.8 trillion in costs. Comparatively, the Trump Administration saw noticeable bumps in costs and paperwork burdens as well.

Looking ahead, the Biden Administration’s regulatory policy will likely continue down its current path, setting the stage for interesting updates in the regulatory landscape. Stick around for more insights and analysis as this regulatory journey unfolds.