Trump Releases 2 New Exec. Orders on Regulatory Compliance

Posted on 10/15/2019 by Roger Marks

On October 9, 2019, President Donald Trump put forth two new Executive Orders (EO) that are of interest to the regulated community at large.

Both Executive Orders are intended to help regulated entities clearly identify, understand, and comply with the regulations that impact their businesses. As President Trump put it in his official remarks, the Orders are designed to "protect Americans from out-of-control bureaucracy and stop regulators from imposing secret rules and hidden penalties on the American people." 

EO #1: Transparency and Fairness in Administrative Enforcement and Adjudication  

The “Transparency and Fairness” Executive Order lays out stricter standards for how Federal agencies may exercise their enforcement authority in cases of regulatory noncompliance.  

The "Transparency and Fairness" Executive Order:
  • Requires agencies to give regulated persons a chance to respond (in person or in writing) to proposed enforcement actions before the agency issues a no-action letter, notice of noncompliance, or a similar notice.
  • Clarifies restrictions on how agencies can use guidance documents. An agency “may not treat noncompliance with a standard of conduct announced solely in a guidance document itself as a violation of applicable statutes or regulations.”
  • Requires agencies to avoid “unfair surprise” when engaging in enforcement actions and other consequential determinations.
  • Requires agencies to make public any documentation that asserts a new or expanded claim to jurisdiction—such as administrative orders, agency documents, and consent decrees—before exercising that jurisdiction in other cases.
  • Requires executive agencies (such as US EPA, US DOT, OSHA, etc.) to “publish a rule of agency procedure governing … inspections” within 120 days (if such a rule does not already exist.)
In addition, the Executive Order requires agencies to encourage voluntary self-reporting of regulatory violations in exchange for reductions or waivers of civil penalties, and promotes more information sharing among regulated parties.

Read the full EO here.

Want a crash course to help you navigate and use Federal regulations? The sixty-minute Regulatory Literacy online course helps EHS professionals develop a strong foundation in how regulations are created, written, and applied in the real world.  

EO #2: Improved Agency Guidance Documents

A second Executive Order released on October 9 addresses Federal agency guidance documents. Because regulations are complex, confusing, and written in the dense language of government, agencies like OSHA, US DOT, or US EPA commonly produce guidance documents to explain or clarify how the agency enforces or interprets a specific rule or rules.  

Concerns have been raised in recent years about the scope of these guidance documents, and whether agencies have used “guidance” as an end-around to the normal regulatory process. Guidance documents should not introduce any new legally-enforceable standards not already required by regulation.  

The "Guidance Document" Executive Order will require Federal agencies to:
  • Establish/maintain a searchable database of all guidance documents.  
  • Create/amend regulations to set for processes, procedures for issuing guidance documents.
  • Provide more clarity about the fact that guidance docs being “non legally binding.”
Read the full EO here. 

Bolster Your 49 CFR Hazmat Expertise 

Every step of the hazmat shipping process is regulated in some way, and even small mistakes can lead to injuries, emergencies, rejected shipments, and fines that get more expensive every year.  

At the Hazmat Ground Shipper Certification Workshop, meet DOT's initial or recurrent hazmat training mandate at 49 CFR 172.704. Join expert Lion instructors for the final to keep your expertise up to date with the latest PHMSA rule changes, harmonization updates, and more.  

Kansas City Oct. 22–23 Reserve Your Seat
Detroit  Oct. 28–29 Reserve Your Seat
Cincinnati Oct. 28–29 Reserve Your Seat
Milwaukee Oct. 28–29 Reserve Your Seat
Cleveland Dec. 5–6 Reserve Your Seat
Pittsburgh Dec. 9–10 Reserve Your Seat
St. Louis Dec. 11–12 Reserve Your Seat
Chicago Dec. 16–17 Reserve Your Seat

Tags: compliance, DOT, EPA, new rules, regulations

Find a Post

Compliance Archives

Lion - Quotes

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

Download Our Latest Whitepaper

Use this guide as a quick reference to the most common HAZWOPER questions, and get course recommendations for managers and personnel who are in need of OSHA-required HAZWOPER training.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.