Energy prominent among US rules due in next 12 months

June 22, 2015
Energy figures prominently in a regulatory blitz taking shape as the Obama administration approaches its end.

Energy figures prominently in a regulatory blitz taking shape as the Obama administration approaches its end.

Among forthcoming regulations with total costs estimated at $110.8 billion, the two largest are final Environmental Protection Agency rules on energy: greenhouse-gas emission standards for existing power plants and revised ozone regulations.

The ranking comes from Sam Batkins, director of regulatory policy at the American Action Forum, in an assessment of the government’s semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions.

Covering activities of about 60 departments, agencies, and commissions, the agenda identifies rulemaking notices and final rules likely to be issued in the next 12 months.

Batkins notes that the administration has developed the habit of releasing its regulatory agenda on the eve of a holiday weekend. The Spring 2015 agenda appeared the Thursday evening before Memorial Day.

EPA expects to issue its final rule on greenhouse gas emissions from existing sources in August. Its cost estimate: $21.7 billion.

The new ozone standards are due in October. EPA estimates the cost at $15 billion, but business groups warn the actual economic effect will be much higher.

Other energy regulations are in the queue, of course.

Batkins cites seven proposed or final Department of Energy conservation standards for equipment like air conditioners, dishwashers, and furnaces with estimated costs totaling $30 billion.

And EPA soon will propose its phase-two rulemaking for greenhouse gases from heavy-duty engines and vehicles. No cost estimate is available. The previous heavy-duty rule cost more than $8 billion, Batkins notes.

"The new rule is slated for final publication in January of 2017, a ‘midnight’ period for presidents when there has historically been a rush of regulatory activity," he adds.

While the total-cost estimate involves "an incredible amount of uncertainty," Batkins says, regulatory effort behind the costliest items is solid.

Because the administration has limited time left in office, he says, "regulators will surely rush to finish its greenhouse gas and ozone standards before the next administration takes power."

(From the subscription area of www.ogj.com, posted June 12, 2015; author’s e-mail: [email protected])