On August 9, 2019, the U.S. Environmental Protection Agency (EPA) published a report on its compliance with the law titled EPA Exceeded the Deregulatory Goals of Executive Order 13771. Executive Order 13771, titled Reducing Regulation and Controlling Regulatory Costs, includes regulatory savings goals for FYs 2017 and 2018, EPA’s deregulatory actions, and its compliance with the Office of Management and Budget’s (OMB) goal-setting requirements. EO 13771 was issued to manage costs associated with existing and new regulations established by federal agencies. Commonly referred to as the “two-for-one” EO, it required that “for every one new regulation issued, at least two prior regulations be identified for elimination.” The report addresses EPA’s regulatory compliance with the aforementioned EO, stating that “in FYs 2017 and 2018, the EPA exceeded its deregulatory expectations” and exceeded the savings goal as well. EPA clearly adds in the report that it did not develop internal guidance or management controls to implement the EO. Instead, EPA relied solely on OMB guidance. In the report, EPA recommends the enhancement of transparency regarding EO 13771 decision-making and outreach.
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