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The Regulatory Watch page will be your source for monitoring and tracking the progress of current draft and final regulatory information.
Please select a document type from the list above or do your own legislation search and/or bill tracking from the link below:


Draft Documents
Jun 21, 2024
The EPA is proposing to address the unreasonable risk of injury to human health presented by n-methylpyrrolidone (NMP) under its conditions of use as documented in EPA's risk evaluation and risk determination for NMP pursuant to the TSCA. EPA determined that NMP presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to NMP. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture, processing, and distribution in commerce and use of NMP in several occupational conditions of use; require worker protections through an NMP workplace chemical protection program (WCPP) or prescriptive controls for most of the occupational conditions of use; require concentration limits on a consumer product; regulate certain consumer products to prevent commercial use; and establish recordkeeping, labeling, and downstream notification requirements. Comments must be received on or before 29 July 2024.. POC Clara Hull, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-3954; email: NMP.TSCA@epa.gov. (Federal Register 14 June 2024 [Proposed Rule] Pages 51134-51194)
Jun 13, 2024
A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to allow for brownfield revitalization funding eligibility for Alaska Native Tribes. (Congressional Record 18 April 2024 [Senate] Pages S2872-S2873)
A bill to phase out production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl or polyfluoroalkyl substances. (Congressional Record 18 April 2024 [Senate] Pages S2872-S2873)
A bill to amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6. (Congressional Record 30 April 2024 [Senate] Page S3078)
Jun 12, 2024
A bill to ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of law. (Congressional Record 18 April 2024 [Senate] Pages S2872-S2873)
A bill to establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act. (Congressional Record 18 April 2024 [Senate] Pages S2872-S2873)
Jun 11, 2024
A bill to ensure that certain permit approvals by the Environmental Protection Agency have the force and effect of law. (Congressional Record 20 April 2024 [House] Pages H2622-H2623)
A bill to amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6. (Congressional Record 30 April 2024 [House] Pages H2768-H2770)
May 30, 2024
USFWS proposes to designate critical habitat for the Dixie Valley toad (Anaxyrus williamsi) under the ESA. In total, approximately 930 acres (376 hectares) in Churchill County, Nevada, fall within the boundaries of the proposed critical habitat designation. If finalize this rule would extend the Act's protections to this species' critical habitat. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Dixie Valley toad. They will accept comments received or postmarked on or before 29 July 2024. POC is Jodie Mamuscia, Field Supervisor, U.S. Fish and Wildlife Service, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 30 May 2024 [Proposed Rule] Pages 46838-46852)
EPA is proposing a regulatory framework for states and public water systems (PWSs) to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. The proposed regulations would: establish a new mandatory restructuring assessment authority for states; require states with primary enforcement authority (primacy) to develop mandatory restructuring assessment programs and submit primacy revisions for EPA review and approval; establish requirements for states and PWSs that implement system-specific mandatory restructuring assessments; and establish eligibility requirements and limitations for restructuring incentives under state-approved restructuring plans. This proposed rulemaking is required under amendments to the Safe Drinking Water Act (SDWA). By taking this action, the EPA intends to strengthen the ongoing efforts of states and PWSs to protect public health. Comments must be received on or before 29 July 2024. POC is Will Bowman, Drinking Water Capacity & Compliance Assistance Division, Office of Ground Water and Drinking Water (MC-4606M) Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-3782; email: bowman.will@epa.gov. (Federal Register 30 May 2024 [Proposed Rule] Pages 46998-47026)
May 21, 2024
NMFS, are proposing to issue protective regulations under section 4(d) of the ESA for the conservation of the threatened oceanic whitetip shark (Carcharhinus longimanus). The proposed regulations would apply all of the prohibitions listed under ESA sections 9(a)(1)(A) through 9(a)(1)(G) for the species, with limited exceptions for scientific research and law enforcement activities that contribute to the conservation of the species. In addition, they are announcing the availability of a draft environmental assessment (EA) that analyzes the environmental impacts of promulgating these regulations. Finally, they solicit comments from the public and all interested parties regarding this proposed rule and the draft EA. Comments on this proposed rule must be received by 15 July 2024. POC is Adrienne Lohe, NMFS Office of Protected Resources, 301-427-8442. (Federal Register 14 May 2024 [Rule] Pages 41917-41924)
May 13, 2024
A bill to phase out production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl or polyfluoroalkyl substances, and for other purposes. (Congressional Record 18 April 2024 [House] Pages H2520-H2521)
A bill to establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act. (Congressional Record 18 April 2024 [House] Pages H2520-H2521)
May 02, 2024
A bill to require the Secretary of the Interior to finalize a proposed rule to remove the Apache trout from the Federal List of Endangered and Threatened Wildlife. (Congressional Record: 9 April 2024 [House] Pages H2250-H2251)
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 11 April 2024 [House] Pages H2315-H2317)
A bill to amend the Neotropical Migratory Bird Conservation Act to make improvements to that Act. (Congressional Record 21 March 2024 [Senate] Pages S2514-S2515)
A bill to amend the Clean Air Act to modify the definition of ``small refinery' for purposes of the Renewable Fuel Program. (Congressional Record 22 March 2024 [Senate] Pages S2596-S2597)
May 01, 2024
A bill to amend the Endangered Species Act of 1973 to exclude certain populations of the lake sturgeon from the authority of such Act. (Congressional Record: 26 March 2024 [House] Pages H2119-H2120)
A bill to amend the Endangered Species Act of 1973 to prohibit the taking for a trophy of any endangered or threatened species of fish or wildlife in the United States and the importation of endangered and threatened species trophies into the United States. (Congressional Record 29 March 2024 [House] Pages H2128-H2129)
A bill to direct the Secretary of Defense to enter into a Memorandum of Understanding with the United States Environmental Protection Agency and Guam Environmental Protection Agency to conduct necessary environmental inspections at military instillations in Guam. (Congressional Record 29 March 2024 [House] Pages H2128-H2129)
Apr 30, 2024
A bill to prohibit the procurement of certain items containing perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA) and prioritize the procurement of products not containing PFAS. (Congressional Record 21 March 2024 [House] Pages H1352-H1353)
A bill to amend the Endangered Species Act of 1973 to prohibit the taking for a trophy of any endangered or threatened species of fish or wildlife in the United States and the importation of endangered and threatened species trophies into the United States. (Congressional Record 22 March 2024 [House] Pages H1497-H1498)
Apr 15, 2024
A bill to clarify that noncommercial species found entirely within the borders of a single State are not in interstate commerce or subject to regulation under the Endangered Species Act of 1973 or any other provision of law enacted as an exercise of the power of Congress to regulate interstate commerce. (Congressional Record Volume 14 March 2024 [Senate] Pages S2400-S2401)
Apr 08, 2024
A bill to provide for methane emission detection and mitigation. (Congressional Record 13 March 2024 [House] Pages H1179-H1180)
A bill to provide for methane emission detection and mitigation. (Congressional Record 13 March 2024 [House] Pages H1179-H1180)
Apr 05, 2024
A bill to repeal section 115 of the Clean Air Act. (Congressional Record 19 March 2024 [House] Pages H1233-H1234)
Apr 02, 2024
USFWS proposes to remove the Roanoke logperch (Percina rex) from the Federal List of Endangered and Threatened Wildlife due to recovery. The species is currently listed as endangered. Their review of the best available scientific and commercial data indicates that the threats to the Roanoke logperch have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or a threatened species under the ESA. Populations of Roanoke logperch are shown to be stable or expanding and reproducing (as evidenced by sustained recruitment) since the time of listing in each of the following river systems: Upper Roanoke River, Pigg River, Smith River, and Nottoway River. The number of streams where the Roanoke logperch has been observed has increased from 14 streams from the time of listing in 1989 to 31 streams in 2019. Accordingly, they propose to delist the Roanoke logperch throughout all of its range, which is in Virginia and North Carolina. If finalized this rule as proposed, the prohibitions and conservation measures provided by the Act, would no longer apply to the Roanoke logperch. We will accept comments received or postmarked on or before 3 June 2024. POC is Cindy Schulz, Field Supervisor, USFWS, Virginia Ecological Services Field Office, 6669 Short Lane, Gloucester, VA 23061; tele 804-654-1842. (Federal Register 2 April 2024 [Proposed Rule] Pages 22649-22662)
Mar 26, 2024
USFWS propose to list the pygmy three-toed sloth (Bradypus pygmaeus; hereafter "pygmy sloth"), an arboreal mammal species from Panama, as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the pygmy sloth. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the pygmy sloth as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized, this rule as proposed, will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 28 May 2024. POC is Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; tele 703–358–2171. (Federal Register 26 March 2024 [Proposed Rule] Pages 20928-20939)
Mar 25, 2024
A bill to facilitate efficient State implementation of national ambient air quality standards, and for other purposes; to the Committee on Energy and Commerce. (Congressional Record 13 March 2024 [House] Pages H1179-H1180)
Mar 20, 2024
EPA proposes to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives. This allowance or "variance" to the prohibition on the open burning of hazardous waste was established at a time when there were no alternatives for the safe treatment of waste explosives. However, recent findings from the National Academy of Sciences, Engineering, and Medicine (NASEM) and the EPA have identified safe alternatives which are potentially applicable to treat some energetic/explosive waste streams. Because there may be safe alternatives available and in use today that capture and treat emissions prior to release, regulations would be revised to describe specified procedures for the existing requirements to evaluate and implement alternative treatment technologies. These proposed revisions would reduce OB/OD of waste explosives and increase control of air emissions through improved implementation of existing requirements that facilities must evaluate and use safe and available alternative technologies in lieu of OB/OD. Comments must be received on or before 20 May 2024. POC is Sasha Lucas-Gerhard (email: gerhard.sasha@epa.gov, phone: (202) 566–0346). (Federal Register 20 March 2024 [Proposed Rule] Pages 19952-20030).
USFWS propose to list the bushy whitlow-wort (Paronychia congesta), a perennial herbaceous plant species from northwestern Jim Hogg County in south Texas, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the bushy whitlow-wort. After a review of the best available scientific and commercial information, they find that listing the species is warranted. They also propose to designate critical habitat for the bushy whitlow-wort under the Act. In total, approximately 41.96 acres (16.98 hectares) in Jim Hogg County, Texas, fall within the boundaries of the proposed critical habitat designation. They announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for bushy whitlow-wort. If they finalize this rule as proposed, it would extend the Act's protections to the species and its designated critical habitat. They will accept comments received or postmarked on or before 20 May 2024. POC is Chuck Ardizzone, Field Supervisor, Texas Coastal Ecological Services Field Office, 17629 El Camino Real, Suite 211, Houston, TX 77058; tele 281–286–8282. (Federal Register 19 March 2024 [Proposed Rule] Pages 19526-19546)
Mar 15, 2024
The U.S. Fish and Wildlife Service (Service) is designating critical habitat for 12 federally endangered species on the island of Hawai`i under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 119,326 acres (48,289 hectares) on the island of Hawai`i, in the State of Hawaii, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to these species' designated critical habitats. The rule is effective 11 April 2024. POC is Earl Campbell, Project Leader, USFWS, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122 Honolulu, HI; tele: 808-792-9400. (Federal Register 12 March [Rule] Pages 17902-17981)
EPA is proposing to amend the Standards and Practices for All Appropriate Inquiries to reference a standard practice recently made available by ASTM International, a widely recognized standards development organization. Specifically, EPA is proposing to amend the All Appropriate Inquiries Rule to reference ASTM International's E2247–23 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property" and allow for its use to satisfy the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation, and Liability Act. EPA is additionally proposing to remove after one year, from the All Appropriate Inquiries Rule, recognition of the previous version of that standard, ASTM E2247–16, as compliant with the All Appropriate Inquiries Rule. Written comments must be received by 11 April 2024. POC is Patricia Overmeyer, Office of Brownfields and Land Revitalizations (5105T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC; tele: 202-566-2774; email: overmeyer.patricia@epa.gov. (Federal Register 12 March 2024 [Proposed Rule] Pages 17804-17808)
Mar 08, 2024
A bill to amend the Clean Air Act to revise the treatment of certain resilience actions and natural disasters, to limit the issuance of new standards for criteria pollutants. (Congressional Record: 28 February 2024 [Senate] Pages S1043-S1044)
A bill to require the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to promulgate regulations prohibiting the use of lead ammunition on all land and water under the jurisdiction and control of the United States Fish and Wildlife Service. (Congressional Record 29 February 2024 [Senate] Pages S1076-S1077)
Mar 07, 2024
A bill to amend the Clean Air Act to create a national zero-emission vehicle standard. (Congressional Record: 29 February 2024 [House] Pages H770-H772)
A bill to amend the Clean Air Act to create a national zero-emission vehicle standard. (Congressional Record 29 February 2024 [Senate] Pages S1076-S1077)
Mar 01, 2024
A bill to amend the Toxic Substances Control Act to codify a Federal cause of action and a type of remedy available for individuals significantly exposed to per- and polyfluoroalkyl substances, to encourage research and accountability for irresponsible discharge of those substances. (Congressional Record: 1 February 2024 [House] Pages H386-H388)
A bill to ensure that Federal agencies rely on the best reasonably available scientific, technical, demographic, economic, and statistical information and evidence to develop, issue or inform the public of the nature and bases of Federal agency rules and guidance. (Congressional Record 5 February 2024 [House] Pages H430-H431)
Feb 29, 2024
A bill to amend the Marine Mammal Protection Act of 1972 and the Animal Welfare Act to prohibit the taking, importation, exportation, and breeding of certain cetaceans for public display. (Congressional Record 30 January 2024 [House] Pages H314-H316)
A bill to amend the Clean Air Act to provide for exclusion of air quality monitoring data that is directly due to a catastrophic or beneficial use wildfire from use in determinations with respect to exceedances or violations of the national ambient air quality standard for any air pollutant. (Congressional Record: 1 February 2024 [House] Pages H386-H388)
Feb 27, 2024
A bill to include water supply and water conservation as a primary mission of the Corps of Engineers in planning, designing, constructing, modifying, operating, and maintaining water resources development projects (Congressional Record: 22 January 2024 [House] Pages H245-H246)
Feb 13, 2024
A bill to amend the Endangered Species Act of 1973 to exclude certain populations of the lake sturgeon from the authority of such Act. (Congressional Record 18 January 2024 [House] Pages H239-H240)
Feb 12, 2024
A bill to amend the Federal Water Pollution Control Act with respect to the scope of national pollutant discharge elimination system permit discharge authorizations and the expression of effluent limitations. (Congressional Record 17 January 2024 [House] Pages H187-H188)
Feb 09, 2024
USFWS announced a finding on the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) and in the Western United States. After a thorough review of the best available scientific and commercial data, they find that gray wolves within the NRM area do not, on their own, represent a valid listable entity; therefore, the NRM is not warranted for listing under the ESA. They find that the gray wolf in the Western United States is a valid listable entity; however, the gray wolf in the Western United States does not meet the definition of an endangered species or a threatened species. Thus, they find that listing the gray wolf in the Western United States is not warranted at this time. The finding in this document was made on 7 February 2024. POC is Marjorie Nelson, Acting Assistant Regional Director, Ecological Services Mountain-Prairie Region, 720–582–3524, marjorie_nelson@fws.gov. (Federal Register 7 February 2024 [Proposed Rule] Pages 8391-8395)
Jan 31, 2024
The EPA is proposing amendments to the new source performance standards (NSPS) and emission guidelines (EG) for large municipal waste combustion (MWC) units. These proposed amendments reflect the results from a reevaluation of the maximum achievable control technology (MACT) floor levels, a 5-year review, and the removal of startup, shutdown and malfunction exclusions and exceptions. These proposed amendments also streamline regulatory language, revise recordkeeping and electronic notification and reporting requirements, re-establish new and existing source applicability dates, clarify requirements for certain air curtain incinerators, close a 2007 proposed reconsideration action, correct certain typographical errors, make certain technical corrections, and clarify certain provisions in the NSPS and EG. These proposed amendments would revise all emission limits in the EG, except for carbon monoxide (CO) limits for two subcategories of combustors, and all nine emission limits in the NSPS.. Comments must be received on or before 25 March 2024. POC is Charlene E. Spells, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, P.O. Box 12055, North Carolina 27711; tele: (919) 541–5255; email:spells.charlene@epa.gov. (Federal Register 23 January 2024 [Proposed Rule] pages 4243-4268)
Jan 26, 2024
A bill to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (Congressional Record 14 December 2023 [House] Pages H6983-H6986)
A bill to amend the Clean Air Act to exempt nonroad engines and vehicles that are used for agricultural purposes from the emission standards of that Act. (Congressional Record 19 December 2023 [House] Pages H6997-H6998)
A bill to amend the Clean Air Act to exempt nonroad engines and vehicles that are used for agricultural purposes from the emission standards of that Act. (Congressional Record 19 December 2023 [House] Pages H6997-H6998)
Jan 24, 2024
A bill to amend the Endangered Species Act of 1973 to provide for protective regulations when a species is listed as an endangered species (Congressional Record 14 December 2023 [House] Pages H6983-H6986).
Jan 23, 2024
A bill to eliminate certain requirements with respect to dredging and dredged material. (Congressional Record: 11 December 2023 [House] Pages H6813-H6814)
Jan 22, 2024
A bill to require the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under the Federal Water Pollution Control Act for dredging projects. (Congressional Record: 11 December 2023 [House] Pages H6813-H6814)
Jan 19, 2024
A bill to require the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under the Federal Water Pollution Control Act for dredging projects. (Congressional Record: 11 December 2023 [House] Pages H6813-H6814)
Jan 17, 2024
A bill to repeal the requirements of the Foreign Dredge Act of 1906 with respect to dredging and dredged Material. (Congressional Record: 11 December 2023 [House] Pages H6813-H6814)
Jan 02, 2024
A bill to eliminate certain requirements with respect to dredging and dredged material. (Congressional Record: 7 December 2023 [Senate] Pages S5851-S5852)
A bill to repeal the requirements of the Foreign Dredge Act of 1906 with respect to dredging and dredged material. (Congressional Record: 7 December 2023 [Senate] Pages S5851-S5852)
Dec 28, 2023
A bill to require the Environmental Protection Agency and the Corps of Engineers to use a certain definition for the term ``prior converted cropland', and for other purposes. (Congressional Record: 30 November 2023 [Senate] Pages S5692-S5693)
A bill to require the Secretary of the Army, acting through the Chief of Engineers, to propose a new nationwide permit under the Federal Water Pollution Control Act for dredging projects. (Congressional Record: 7 December 2023 [Senate] Pages S5851-S5852)
Dec 27, 2023
A bill to amend the Endangered Species Act of 1973 to allow certain activities to be carried out with regard to certain fish held in captivity or a controlled environment. (Congressional Record 1 December 2023 [House] Pages H6079-H6080)
Nov 30, 2023
USFWS announce findings that seven species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Edison's ascyrum (Hypericum edisonianum), Florida (lowland) loosestrife (Lythrum flagellare), Florida pinesnake (Pituophis melanoleucus mugitu), mimic cavesnail (Phreatodrobia imitata), northern cavefish (Amblyopsis spelaea), smallscale darter (Etheostoma microlepidum), and Texas troglobitic water slater (Lirceolus smithii). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 29 November 2023. See Federal Register for listed species POCs. (Federal Register 29 November 2023 [Proposed Rule] Pages 83368-83377)
Nov 22, 2023
A bill to protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land management laws. (Congressional Record 1 November 2023 [House] Pages H5227-H5229)
A bill to require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for approved fuel pathways under the Renewable Fuel Standard. (Congressional Record 1 November 2023 [House] Pages H5227-H5229)
A bill to protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land management laws. (Congressional Record 1 November 2023 [Senate] Pages S5314-S5315)
Nov 21, 2023
A bill to amend the Federal Water Pollution Control Act to restore a national minimum standard of protection for the water resources of the United States while providing certainty to regulated entities. (Congressional Record: 18 October 2023 [House] Pages H5028-H5029)
Oct 17, 2023
USFWS withdraw the proposal to remove Phyllostegia glabra var. lanaiensis from the Federal List of Endangered and Threatened Plants (List). This withdrawal is based on new surveys conducted over the past 3 years since completing the 5-year review for the species; these surveys have identified new suitable habitats comprised of native vegetation within the former range of P. glabra var. lanaiensis. Therefore, they determined that additional information is needed before concluding that the species is extinct. With this withdrawal of the proposal, P. glabra var. lanaiensis will remain on the List as endangered. Elsewhere in this issue of the Federal Register, they publish a final rule removing 21 species that were part of their 30 September 2021, proposed rule. The proposal to remove P. glabra var. lanaiensis from the Federal List of Endangered and Threatened Plants, which published on September 30, 2021 (86 FR 54298), is withdrawn on 17 October 2023. POC is Earl Campbell, Field Supervisor, Pacific Islands Fish and Wildlife Office tele 808–792–9400. (Federal Register 17 October 2023 [Proposed Rule] Pages 71520-71523).
Oct 12, 2023
USFWS announced two 90-day findings on petitions to reclassify the West Indian manatee (Trichechus manatus), or populations thereof, under the ESA. Two valid subspecies of the West Indian manatee, the Florida manatee (Trichechus manatus latirostris) and Antillean manatee (Trichechus manatus manatus), are currently protected under the Act as part of the threatened West Indian manatee species-level listing. One petition requests the Puerto Rico population of the Antillean manatee be listed as an endangered distinct population segment (DPS) and critical habitat be designated for this entity under the Act. The second petition requests to reclassify the West Indian manatee, including its subspecies the Antillean manatee and Florida manatee, as endangered species under the Act. They find that the petitions present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, they announce that they plan to initiate a status review to determine whether the petitioned actions are warranted. The findings announced in this document were made on 12 October 2023. POC is Nicole Rankin, Division of Conservation and Classification Manager, telephone: 404–679–7089, email: Nicole_Rankin@fws.gov. (Federal Register 12 October 2023 [Proposed Rule] Pages 70634-70637)
Oct 10, 2023
A bill to prohibit the use of organophosphate pesticides on food (Congressional Record: 18 September 2023 [House] Pages H4379-H4381)
A bill to amend the Clean Air Act to prohibit the emission of any greenhouse gas in any quantity from any new electric utility steam generating unit. (Congressional Record: 20 September 2023 [House] Pages H4436-H4438)
Oct 02, 2023
A bill to reduce greenhouse gas emissions and protect the climate. (Congressional Record: 14 September 2023 [House] Pages H4343-H4346)
A bill to reduce greenhouse gas emissions and protect the climate. (Congressional Record: 14 September 2023 [House] Pages H4343-H4346)
A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3756)
A bill to amend the Endangered Species Act of 1973 to allow certain activities to be conducted with respect to sturgeon held in captivity or in a controlled environment in the United States. (Congressional Record 20 September 2023 [Senate] Page S4630)
Sep 28, 2023
A bill to provide for determination of the grizzly bear species consistent with the Endangered Species Act of 1973, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3754)
A bill to increase efficiency and conservation in public water systems, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3755)
Sep 27, 2023
USFWS withdraw the proposed rule to reclassify the Virgin Islands tree boa (listed as Epicrates monensis granti) from endangered to threatened under the ESA. This withdrawal is based on new information we received during the proposed rule's public comment periods, specifically new survey results that indicate that the Virgin Islands tree boa is likely extirpated from Cayo Ratones. They also realized an error in calculations that reduced the resiliency of the Cayo Diablo population. After evaluating the status of the species following these changes, they find that the species still meets the Act's definition of an endangered species. They have, therefore, determined that reclassification of this species is not appropriate at this time. Accordingly, they also withdraw the proposed 4(d) rule for the Virgin Islands tree boa. The proposed rule that published on 30 September 2020 (85 FR 61700), to reclassify the Virgin Islands tree boa as threatened with a rule issued under section 4(d) of the Act is withdrawn on 27 September 2023. POC is Edwin E. Muñiz, Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; telephone 787–405–3641; email: Caribbean_es@fws.gov. (Federal Register 27 September 2023 [Proposed Rule] Pages 66351-66360)
Sep 26, 2023
NMFS, announce a 12-month determination on a petition to revise the critical habitat designation for the North Pacific right whale (Eubalaena japonica) under the ESA. Based on their review of the best available information on North Pacific right whale habitat use, they intend to revise the critical habitat. This finding describes how they intend to proceed, particularly regarding analysis and review of the relevant data and information that have become available since North Pacific right whale critical habitat was designated in 2008. The finding announced in this document was made on 26 September 2023. POC is Jenna Malek, NMFS Alaska Region, jenna.malek@noaa.gov or (907) 271–1332. (Federal Register 26 September 2023 [Proposed Rule] Pages 65940-65944)
A bill to amend the Energy Policy Act of 2005 to reauthorize the diesel emissions reduction program. (Congressional Record: 13 September 2023 [House] Pages H4295-H4297)
Sep 25, 2023
A bill to require the Secretary of Transportation to establish a PFAS replacement program at certain airports, and for other purposes. (Congressional Record: 8 September 2023 [House] Pages H4228-H4230)
Sep 20, 2023
warranted for listing as endangered or threatened species under ESA. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to delist the southern sea otter (Enhydra lutris nereis). We also find that is not warranted at this time to list the Cascades frog (Rana cascadae), plains spotted skunk (Spilogale interrupta, formerly recognized as one of three subspecies of eastern spotted skunk (Spilogale putorius interrupta)), sicklefin chub (Macrhybopsis meeki), sturgeon chub (Macrhybopsis gelida), Tennessee cave salamander (Gyrinophilus palleucus), and Yazoo crayfish (Faxonius hartfieldi, formerly Orconectes hartfieldi). However, they ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 20 September 2023. Please submit any new information, materials, comments, or questions concerning this finding to the appropriate person listed in the Federal Register. (Federal Register 19 September 2023 [Proposed Rule] Pages 64870-64880)
USFWS propose to list the Miami cave crayfish (Procambarus milleri), a crayfish species from Miami-Dade County, Florida, as a threatened species under ESA. This determination also serves as their 12-month finding on a petition to list the Miami cave crayfish. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Miami cave crayfish as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this proposed rule would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 20 November 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. (Federal Register 19 September 2023 [Proposed Rule] Pages 64870-64880)
Sep 18, 2023
A bill to require the Secretary of the Interior to prohibit the use of lead ammunition on United States Fish and Wildlife Service lands.(Congressional Record: 25 August 2023 [House] Pages H4203-H4205)
Sep 15, 2023
A bill to direct the Secretary of Defense to ensure that removal and remedial actions relating to PFAS contamination result in levels meeting or exceeding certain standards. (Congressional Record: 22 August 2023 [House] Pages H4196-H4197)
Sep 14, 2023
USFWS proposes to list the Quitobaquito tryonia (Tryonia quitobaquitae), a springsnail species from Arizona, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the Quitobaquito tryonia. After a review of the best available scientific and commercial information, they find that listing the species is warranted. We also propose to designate critical habitat for the Quitobaquito tryonia under the Act. In total, approximately 6,095 square feet (566 square meters) across 2 subunits in Pima County, Arizona, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Quitobaquito tryonia. If finalize this rule would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 13 November 2023. POC is Heather Whitlaw, Field Supervisor, USFWS, Arizona Ecological Services Field Office, 9828 North 31st Ave #C3, Phoenix, AZ 85051–2517; tele 602–242–0210. (Federal Register 13 September 2023 [Proposed Rule] Pages 62725-62747)
EPA is proposing to amend the General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAP) under the Clean Air Act (CAA). This action focuses on issues related to newly applicable standards for sources that become major sources solely from the addition of a compound to the CAA HAP list. This action also includes a discussion of the impacts of a newly listed HAP on the federal operating permit program. Comments must be received on or before 13 November 2023. POC is Susan Miller, Mail Drop: D205–02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541–2443; email: miller.susan@epa.gov. (Federal Register 13 September 2023 [Proposed Rule] Pages 62711-62725)
Sep 12, 2023
NMFS have rescheduled a public hearing related to the proposed rule to designate critical habitat for the Rice's whale under the Endangered Species Act (ESA). They are also extending the public comment period for this proposed rule to 6 October 2023. A virtual public hearing on the proposed rule will be held online on 28 September 2023, from 3:00 -5:00 PM (Eastern). The proposed rule to designate critical habitat for the Rice's whale under the ESA was published on 24 July 2023 (88 FR 47453), and provided for a public comment period to 22 September 2023. The comment period is now extended to 6 October 2023. Comments must be received by 6 October 2023. POC is Grant Baysinger, NMFS Southeast Region, (727) 551–5790. (Federal Register 12 September 2023 [Proposed Rule] Pages 62522-62523)
Sep 06, 2023
A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security. (Congressional Record: 18 August 2023 [House] Pages H4191-H4192)
Sep 05, 2023
A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security (Congressional Record 4 August 2023 [House] Pages H4164-H4165)
Aug 25, 2023
A bill to provide for green and resilient health care infrastructure, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3755)
Aug 24, 2023
A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to improve interagency coordination in the pesticide registration process, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4150)
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4151)
Aug 23, 2023
A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. (Congressional Record 26 July 2023 [House] Pages H4029)
Aug 21, 2023
USFWS determine endangered species status under the ESA, for the magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina. They also designate critical habitat for the species. In total, approximately 739 acres (299 hectares) in two ponds in Brunswick County, North Carolina, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. This rule is effective 18 September 2023. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, P.O. Box 33726, Raleigh, NC 27636–3726; tele: 919–856–4520. (Federal Register 18 August 2023 [Rule] Pages 56471-56489)
Aug 11, 2023
USFWS propose to remove the Apache trout (Oncorhynchus apache), a fish native to Arizona, from the Federal List of Endangered and Threatened Wildlife due to recovery. Their review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species or an endangered species under the ESA. If finalized the prohibitions and conservation measures provided by the Act, particularly through section 7 and the regulations would no longer apply to the Apache trout. They request information and comments from the public regarding this proposed rule for the Apache trout. They will accept comments received or postmarked on or before 10 October 2023. POC is Jess Newton, Project Leader, Arizona Fish and Wildlife Conservation Office, USFWS, 2500 S Pine Knoll Drive, Flagstaff, AZ 86001; tele: 928–556–2140. (Federal Register 11 August 2023 [Proposed Rule] Pages 54548-54564)
EPA is soliciting information and requesting comments to assist in the potential development of non-regulatory and regulatory options that would ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process. Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options. This Advance Notice of Proposed Rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements. Comments must be received on or before 25 September 2023. POC is Kaitlin Franssen, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (MC 5303P), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 566–0487; email: Franssen.Kaitlin@epa.gov. (Federal Register 11 August 2023 [Proposed Rule] Pages 54537-54548)
Aug 10, 2023
USFWS proposes to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, under the ESA. In total, approximately 1,636.9 acres (662.4 hectares) in Otero County, New Mexico, fall within the boundaries of the proposed critical habitat designation. They also announced the availability of a draft economic analysis of the proposed designation of critical habitat for the Sacramento Mountains checkerspot butterfly. They will accept comments received or postmarked on or before 10 October 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505–346–2525. (Federal Register 10 August 2023 [Proposed Rule] Pages 54263-54288)
A bill to amend the Emergency Planning and Community Right-To-Know Act of 1986 to exclude certain air emissions from emergency notification requirements. (Congressional Record: 20 July 2023 [Senate] Pages S3458-S3460)
Aug 09, 2023
This action proposes changes to the EPA's Air Emissions Reporting Requirements (AERR). The proposed amendments may require changes to current regulations of State, local, and certain tribal air agencies; would require these agencies to report emissions data to the EPA using different approaches from current requirements; and would require owners/operators of some facilities to report additional emissions data. Comments on this proposed rule must be received on or before 18 October 2023. POC is Mr. Marc Houyoux, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Emission Inventory and Analysis Group (C339–02), EPA, Research Triangle Park, NC 27711; telephone number: (919) 541–3649; email: NEI_Help@epa.gov. (Federal Register: 9 August 2023 [Proposed Rule] Pags 54118-54222)
Aug 08, 2023
A bill to clarify the application of a certain provision of the Federal Insecticide, Fungicide, and Rodenticide Act with respect to the uniformity of pesticide labeling, consistent with the text of such Act. (Congressional Record: 22 June 2023 [House] Pages H3107-H3110)
Jul 26, 2023
The U.S. Fish and Wildlife Service (Service), proposes to list the green floater ( Lasmigona subviridis), a mussel species from as many as 10 States in the eastern United States and the District of Columbia, as a threatened species with a rule issued under section 4(d) of the Endangered Species Act of 1973, as amended (Act). This document also serves as their 12-month finding on a petition to list the green floater. They also propose to designate critical habitat for the green floater. In total, approximately 2,553 kilometers (1,586 miles) of streams in Maryland, New York, North Carolina, Pennsylvania, Virginia, and West Virginia fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the green floater. If finalized as proposed, this rule would add this species to the List of Endangered and Threatened Wildlife. The Service will accept comments received or postmarked on or before 25 September 2023. POC is Ian Drew, tele 607-753-9334. citation(Federal Register 26 July 2023 [Proposed Rule] Pages 48294-48349)
Jul 25, 2023
The U.S. Fish and Wildlife Service (Service), announce findings that two species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to list the Illinois chorus frog ( Pseudacris illinoensis) and Venus flytrap ( Dionaea muscipula). However, they ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on July 25, 2023. POC for the Illinois chorus frog is Kraig McPeak, tele 309-757-5800 email kraig_mcpeek@fws.gov; POC for the Venus flytrap is Dale Suiter, tele 919-856-4520, email dale_suiter@fws.gov. (Federal Registers 25 July 2023 [Proposed Rule] Pages 47839-47843)
The U.S. Fish and Wildlife Service (Service), propose to list two mussel species, the Salina mucket ( Potamilus metnecktayi) and Mexican fawnsfoot ( Truncilla cognata) (collectively referred to as the Rio Grande mussels), as endangered species. This determination also serves as their 12-month findings on petitions to list the Salina mucket and Mexican fawnsfoot. Critical habitat is also proposed for the Salina mucket and Mexican fawnsfoot under the ESA. For Salina mucket, approximately 200 river miles (rmi) (321 river kilometers (rkm)) in Brewster, Terrell, and Val Verde Counties, Texas, fall within the boundaries of the proposed critical habitat designation. For Mexican fawnsfoot, approximately 185 rmi (299 rkm) in Maverick, Webb, and Zapata Counties, Texas, fall within the boundaries of the proposed critical habitat designation. A draft economic analysis of the proposed designation of critical habitat for the Salina mucket and Mexican fawnsfoot is available. If finalized, as proposed proposed, this rule would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species and their designated critical habitats. Comments must be postmarked on or before 25 September 2023. POC is Karen Myers, tele 512-937-7371. (Federal Register 25 July 2023 [Proposed Rule] Pages 47952-47988)
Jul 24, 2023
The National Marine Fisheries Service (Service) propose to designate critical habitat for the Rice's whale ( Balaenoptera ricei) by designating waters from the 100 meter (m) isobath to the 400 m isobath in the Gulf of Mexico (GOMx), pursuant to section 4 of the Endangered Species Act (ESA). They have considered economic, national security, and other relevant impacts of the proposed designation. They are not excluding any particular area from the critical habitat designation. They seek comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation. Written comments and information must be received by 22 September 2023. Virtual public hearings will be held on 24 August 2023 and 30 August 2023. Requests for additional public hearings must be made in writing by 7 September 2023. POC is Grant Baysinger tele (727) 551–5790; or Lisa Manning tele (301) 427–8466. (Federal Register 24 July 2023 [Proposed Rule] Pages 47453-47472)
The U.S. Fish and Wildlife Service (Service), are revising their proposed rule that would streamline our process for permitting of rights-of-way across National Wildlife Refuge System lands and other Service-administered lands. By aligning Service processes more closely with those of other Department of the Interior (DOI) bureaus, to the extent practicable and consistent with applicable law, they will reduce the amount of time the Service requires to process applications for rights-of-way across Service-managed lands. We originally proposed revisions that included requiring a preapplication meeting and use of a standard application, allowing electronic submission of applications, and providing the Service with additional flexibility, as appropriate, to determine the fair market value or fair market rental value of rights-of-way across Service-managed lands. They now further propose new permit terms and conditions and other regulatory changes. The Service seeks comments on this revised proposed rule. The public comment period on the proposed rule that published on 19 January 2021, at 86 FR 5120, is reopened. We will accept comments until 23 August 2023. POC is Ken Fowler, tele (703) 358–1876. (Federal Register 24 July 2023 [Proposed Rule] Pages 47442-47453)
Jul 14, 2023
A bill to amend the Clean Air Act to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels (Congressional Record: 8 June 2023 [Senate] Pages S2028-S2029)
Jul 13, 2023
A bill to amend the Clean Air Act to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels. (Congressional Record 12 June 2023 [House] Pages H2806-H2809)
Jul 11, 2023
A bill to require the Director of the United States Fish and Wildlife Service to reissue a final rule removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973. (Congressional Record: 8 June 2023 [Senate] Pages S2028-S2029)
Jul 03, 2023
USFWS proposes to list the dunes sagebrush lizard (Sceloporus arenicolus), a species found only in southeastern New Mexico and west Texas, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the dunes sagebrush lizard. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They find the designation of critical habitat to be prudent but not determinable at this time. They will accept comments received or postmarked on or before 1 September 2023. Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505–346–2525. (Federal Register 3 July 2023 [Proposed Rule] Pages 42661-42677) .
Jun 26, 2023
The EPA is proposing to amend the NESHAP for RICE, the NSPS for Stationary Compression Ignition (CI) Internal Combustion Engines, and the NSPS for Stationary Spark Ignition (SI) Internal Combustion Engines, to add electronic reporting provisions. The addition of electronic reporting provisions will provide for simplified reporting by sources and enhance availability of data on sources to the EPA and the public. In addition, a small number of clarifications and corrections to these rules are being proposed to correct inadvertent and other minor errors in the Code of Federal Regulations (CFR), particularly related to tables. Finally, information is being solicited on the provisions specifying that emergency engines can operate for up to 50 hours per year to mitigate local transmission and/or distribution limitations to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region. POC is Christopher Werner, Sector Policies and Programs Division (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; teler: (919) 541–5133; and email: werner.christopher@epa.gov. (Federal Register 26 June 2023 [Proposed Rule] Pages 41361-41369)
Jun 22, 2023
USFWS and NMFS propose to amend portions of their regulations that implement section 7 of the ESA. The Services are proposing these changes to further clarify and improve the interagency consultation processes, while continuing to provide for the conservation of listed species. They will accept comments from all interested parties until 21 August 2023. Craig Aubrey, Ecological Services, USFWS, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703/358–2442. (Federal Register 22 June 2023 [Proposed Rule] Pages 40753-40764)
USFWS and NMFS propose to revise portions of our regulations that implement section 4 of the ESA. The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. They will accept comments from all interested parties until 21 August 2023. Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703–358–1954. (Federal Register 22 June [Proposed Rule] Pages 40764-40774)
USFWS propose to revise our regulations concerning protections of endangered species and threatened species under the ESA. They are proposing to reinstate the general application of the "blanket rule" option for protecting newly listed threatened species pursuant to section 4(d) of the Act, with the continued option to promulgate species-specific rules. They are also proposing to extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of the Service and other Federal and State agencies to aid, salvage, or dispose of threatened species. They also request comments on an additional provision under consideration, but not currently proposed, that would extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to employees or agents of the Service, the National Marine Fisheries Service, and State agencies for take associated with conservation-related activities. They will accept comments from all interested parties until 21 August 2023. Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041–3803, tele 703–358–1954. (Federal Register 22 June [Proposed Rule] Pages 40742-40753)
Jun 21, 2023
USFWS proposes to list the southern elktoe (Alasmidonta triangulata), a freshwater mussel species endemic to the Apalachicola-Chattahoochee-Flint Basin of Alabama, Georgia, and Florida, as an endangered species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the southern elktoe. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the southern elktoe as an endangered species under the Act. They also propose to designate critical habitat for the southern elktoe under the Act. They will accept comments received or postmarked on or before 21 August 2023. POC is Lourdes Mena, Florida Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele: 904–731–3134. (Federal Register 21 June 2023 [Proposed Rule] Pages 40160-40189).
Jun 20, 2023
A bill to amend the Clean Air Act to eliminate the renewable fuel standard advanced biofuel corn starch prohibition. (Congressional Record 15 May 2023 [House] Pages H2342-H2347)
Jun 16, 2023
USFWS proposes to list Navasota false foxglove (Agalinis navasotensis), a plant species from Grimes and Tyler Counties, Texas, as an endangered species under the ESA. This determination also serves as our 12-month finding on a petition to list Navasota false foxglove. After a review of the best available scientific and commercial information, they find that listing the species is warranted. They also propose to designate critical habitat for Navasota false foxglove under the Act. In total, approximately 1.9 acres (0.8 hectares) in Grimes and Tyler Counties, Texas, fall within the boundaries of the proposed critical habitat designation. In addition, they announce the availability of a draft economic analysis of the proposed designation of critical habitat for Navasota false foxglove. If finalized this rule as proposed would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species and its designated critical habitat. They will accept comments received or postmarked on or before 14 August 2023. POC is Chuck Ardizzone, Project Leader, Texas Coastal Ecological Services Field Office, USFWS, 17629 El Camino Real, Ste. 211, Houston, TX 77058; tele: (281) 286–8282. (Federal Register 13 June 2023 [Proposed Rule] Pages 38455-38477)
Jun 12, 2023
USFWS proposes to list the swale paintbrush (Castilleja ornata), a flowering plant species from New Mexico within the United States and the states of Chihuahua and Durango in Mexico, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the swale paintbrush. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They find that designating critical habitat for the swale paintbrush is not prudent at this time. Comments will be accepted if received or postmarked on or before 7 August 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, NM 87113; tele 505–346–2525. (Federal Register 8 June 2023 [Proposed Rule] Pages 37490-37504)
This action finalizes Federal Implementation Plan (FIP) requirements to address 23 states' obligations to eliminate significant contribution to nonattainment, or interference with maintenance, of the 2015 ozone NAAQS in other states. The EPA is taking this action under the "good neighbor" or "interstate transport" provision of the CAA. The Agency is defining the amount of ozone-precursor emissions (specifically, nitrogen oxides) that constitute significant contribution to nonattainment and interference with maintenance from these 23 states. With respect to fossil fuel-fired power plants in 22 states, this action will prohibit those emissions by implementing an allowance-based trading program beginning in the 2023 ozone season. With respect to certain other industrial stationary sources in 20 states, this action will prohibit those emissions through emissions limitations and associated requirements beginning in the 2026 ozone season. This final rule is effective on 4 August 2023. POC Ms. Elizabeth Selbst, Air Quality Policy Division, Office of Air Quality Planning and Standards (C539–01), Environmental Protection Agency, 109 TW Alexander Drive, Research Triangle Park, NC 27711; telephone number: (312) 886–4746; email address: selbst.elizabeth@epa.gov. (Federal Register 5 June 2023 [Rule] Pages 36654-36918)
Jun 09, 2023
A bill to exempt certain aviation entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
Jun 08, 2023
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
Jun 07, 2023
A bill to improve the environmental review process. (Congressional Record: 4 May 2023 [Senate] Pages S1533-S1534)
Jun 06, 2023
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
Jun 05, 2023
A bill to amend the Energy Policy Act of 2005 to require the Secretary of Energy to create a plan for research, development, and commercialization projects capable of making significant reductions in the greenhouse gas emissions or carbon intensity of qualified fuel production facilities. (Congressional Record: 10 May 2023 [House] Pages H2243-H2245)
May 26, 2023
A bill to amend the Plant Protection Act for purposes of mitigating the threat of invasive species. (Congressional Record: 10 May 2023 [House] Pages H2243-H2245)
May 24, 2023
EPA is proposing five separate actions under section 111 of the CAA addressing GHG emissions from fossil fuel-fired electric generating units (EGUs). The EPA is proposing revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. Third, the EPA is proposing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the largest, most frequently operated existing stationary combustion turbines and is soliciting comment on approaches for emission guidelines for GHG emissions for the remainder of the existing combustion turbine category. Finally, the EPA is proposing to repeal the Affordable Clean Energy (ACE) Rule. Comments must be received on or before 24 July 2023. POC is Christian Fellner, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541–4003; and email: fellner.christian@epa.gov. (Federal Register 23 May 2023 [Proposed Rule] Pages 33240-33420)
Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector. Specifically, EPA proposes to list several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also proposes to exempt propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the CAA on knowingly venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence that the venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Comments must be received on or before 10 July 2023. POC is Gerald Wozniak, Stratospheric Protection Division, Office of Atmospheric Protection, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–343–9624; email:wozniak.gerald@epa.gov. (Federal Register 24 May 2023 [Proposed Rule] Pages 33722-33797).
NMFS announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the ESA. The petitioner also requests that NMFS designate critical habitat. They find that the petition and information readily available in their files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, they are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, they are soliciting scientific and commercial data regarding this species. Scientific and commercial data pertinent to the petitioned action must be received by 24 July 2023. POC is Joe Heublein, NMFS Southeast Region, 727–209–596. (Federal Register 23 May 2023 [Proposed Rule] Pages 33075-33079).
May 16, 2023
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes; to the Committee on Environment and Public Works. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
May 15, 2023
A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters. (Congressional Record: 29 March 2023 [Senate] Pages S1052-S1053)
May 10, 2023
A bill to repeal the renewable fuel program of the Environmental Protection Agency (Congressional Record 20 April 2023 [House] Pages H1906-H1909)
May 09, 2023
A bill to restore, reaffirm, and reconcile environmental justice and civil rights. (Congressional Record: 22 March 2023 [Senate] Pages S908-S910)
A bill to amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production. (Congressional Record: 28 March 2023 [Senate] Page S999)
May 03, 2023
A bill to require agencies to complete a regulatory impact analysis before issuing a significant rule. (Congressional Record: 16 March 2023 [Senate] Pages S825-S826)
May 01, 2023
A bill to amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos. (Congressional Record: 30 March 2023 [House] Pages H1689-H1693)
A bill to amend the Energy Policy Act of 2005 to update the Federal purchase requirement to ensure the use of 100 percent renewable energy by 2050. [Congressional Record: April 19, 2023 [House] Pages H1885-H1887)
A bill to prohibit Federal agencies from purchasing or leasing new vehicles that are not zero-emission vehicles. [Congressional Record: 19 April 2023 [House] Pages H1885-H1887)
Apr 19, 2023
The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Commercial Sterilization Facilities source category. The EPA is proposing decisions concerning the risk and technology review (RTR), including proposing amendments pursuant to the technology review for certain point source emissions and proposing amendments pursuant to the risk review to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. The EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate. Lastly, the EPA is proposing to revise monitoring and performance testing requirements and to add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. Comments must be received on or before 12 June 2023. For questions about this proposed action, contact Jonathan Witt, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, NC 27711; tele: (919) 541– 5645; and email: witt.jon@ epa.gov. (Federal Register 13 April 2023 [Proposed Rule] Pages 22790-22857)
Apr 17, 2023
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants. (Congressional Record: 15 March 2023 [Senate] Pages S797-S798).
Apr 14, 2023
EPA is seeking public input and data to assist in the consideration of potential development of future regulations pertaining to PFAS under the CERCLA or Superfund. The Agency is seeking input and data regarding potential future hazardous substance designation under CERCLA of: Seven PFAS, besides PFOA and PFOS, and their salts and structural isomers, or some subset thereof; precursors (a precursor is a chemical that is transformed into another compound through the course of a degradation process) to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments must be received on or before 12 June 2023. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5201T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 703–346–9536; email: schutz.michelle@epa.gov. (Federal Register 13 April 2023 [Proposed Rule] Pages 22399-22403).
USFWS announced the reopening of the comment period on their 15 July 2021, proposed rule (hereinafter the "2021 proposed rule") to designate critical habitat for the rufa red knot (Calidris canutus rufa) under the ESA. In this document, they present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, they now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. USFWS can fully consider comments in their final determination if submitted on or before 30 May 2023. POC is Eric Schrading, Field Supervisor, USFWS, New Jersey Ecological Services Field Office, 4 East Jimmie Leeds Road, Suite 4, Galloway, NJ 08205; tele: 609–382–5272. (Federal Register 13 April 2023 [Proposed Rule] Pages 22530-22693).
Apr 11, 2023
USFWS propose to remove the Colorado hookless cactus (Sclerocactus glaucus) from the Federal List of Endangered and Threatened Plants (List) due to recovery. Recent taxonomic studies have indicated that the currently listed entity is actually two species: Sclerocactus glaucus and Sclerocactus dawsonii. They find that neither species should be listed as a threatened or endangered species under the ESA. Their review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that these species no longer meet the definition of a threatened or endangered species under the Act. They request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Colorado hookless cactus (S. glaucus and S. dawsonii). If this proposal is finalized, Colorado hookless cactus will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to the species. They will accept comments received or postmarked on or before 12 June 2023. POC is Creed Clayton, Acting Western Colorado Field Supervisor, USFWS, Colorado Ecological Services Office, 445 West Gunnison Ave., Suite 240, Grand Junction, CO 81501; tele 970–628–7187. (Federal Register 11 April 2023 [Proposed Rule] Pages 21582-21600)
Apr 10, 2023
NMFS have completed a comprehensive status review under the ESA for the Atlantic humpback dolphin (Sousa teuszii) in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the species. Based on the best scientific and commercial information available, including the draft status review report, and taking into account efforts being made to protect the species, they have determined that the Atlantic humpback dolphin has a high risk of extinction throughout its range and warrants listing as an endangered species. This species occurs only in coastal Atlantic waters of western Africa. They are authorized to designate critical habitat within U.S. jurisdiction only, and they are not aware of any areas within U.S jurisdiction that may meet the definition of critical habitat under the ESA. Therefore, they are not proposing to designate critical habitat. NMFS are soliciting public comments on our draft status review report and proposal to list this species. Comments on this proposed rule must be received by 6 June 2023. POC is Heather Austin, NMFS Office of Protected Resources, 301–427–8422. (Federal Register 7 April 2023 [Proposed Rule] Pages 20829-20846)
Apr 07, 2023
A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [House] Pages H1284-H1286)
Apr 06, 2023
A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes; to the Committee on Transportation and Infrastructure. (Congressional Record: 10 March 2023 [House] Pages H1277-H1279)
A bill to amend the National Environmental Policy Act of 1969 to clarify ambiguous provisions, reflect modern technologies, optimize interagency coordination, and facilitate a more efficient, effective, and timely environmental review process. (Congressional Record 14 March 2023 [House] Pages H1284-H1286)
Apr 04, 2023
A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide for the consideration of climate change. (Congressional Record: 8 March 2023 [House] Pages H1204-H1207)
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants (Congressional Record: 8 March 2023 [House] Pages H1204-H1207)
A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [Senate] Pages S771-S772)
Apr 03, 2023
A bill to require applicable Federal agencies to take action on applications for Federal energy authorizations. (Congressional Record 14 March 2023 [Senate] Pages S771-S772)
Mar 31, 2023
A bill to direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife and to issue a new rule removing the Northern Continental Divide Ecosystem population of grizzly bears from such list. (Congressional Record: 3 March 2023 [House] Pages H1112-H1114)
A bill to direct the Secretary of the Interior to issue a new rule removing the Northern Continental Divide Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife. (Congressional Record: 7 March 2023 [House] Pages H1147-H1150)
Mar 28, 2023
A bill to direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife. (Congressional Record: 28 February 2023 [House] Pages H967-H971)
Mar 27, 2023
A bill to require the Administrator of the Environmental Protection Agency to authorize the use of flexible air permitting with respect to certain critical energy resource facilities (Congressional Record: 21 February 2023 [House] Pages H864-H867)
A bill to authorize the Administrator of the Environmental Protection Agency to waive application of certain requirements with respect to processing and refining a critical energy resource at a critical energy resource facility (Congressional Record: 21 February 2023 [House] Pages H864-H867)
Mar 13, 2023
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use. (Congressional Record 2 February 2023 [Senate] Pages S229-S230)
Mar 02, 2023
A bill to require the Secretary of the Interior to reissue regulations removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973. (Congressional Record: 2 February 2023 [House] Pages H675-H680)
Feb 24, 2023
USFWS proposes to list two distinct population segments (DPSs) of the California spotted owl (Strix occidentalis occidentalis), a bird species from California and Nevada, under the ESA. This determination also serves as their 12-month finding on a petition to list the California spotted owl. After a review of the best available scientific and commercial information, they find that listing the Coastal-Southern California DPS as endangered is warranted, and that listing the Sierra Nevada DPS as threatened is warranted. Accordingly, they propose to list the Coastal-Southern California DPS as an endangered species under the Act and the Sierra Nevada DPS as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, will add these two DPSs to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. They will accept comments received or postmarked on or before 24 April 2023. POC is Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. (Federal Register 23 February 2023 [Rule] pages 11600-11639)
Feb 17, 2023
USFWS proposes to remove the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that this wood stork DPS has recovered and the threats to it are being adequately managed such that the DPS no longer meets the definition of an endangered species or threatened species under the ESA). If finalized the prohibitions and conservation measures provided by the ESA, particularly through section 7, and USFWS regulations would no longer apply to the wood stork DPS. They are seeking information and comments from the public regarding this proposed rule. They will accept comments received or postmarked on or before 17 April 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; tele: 904-731-3134. (Federal Register 15 February 2023 [Proposed Rule] Pages 9830-9850)
Feb 14, 2023
U.S. Fish Wildlife Service proposes to revise the regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA. The purposes of these revisions are to clarify the appropriate use of enhancement of survival permits and incidental take permits; clarify our authority to issue these permits for non-listed species without also including a listed species; simplify the requirements for enhancement of survival permits by combining safe harbor agreements and candidate conservation agreements with assurances into one agreement type; and include portions of our five-point policies for safe harbor agreements, candidate conservation agreements with assurances, and habitat conservation plans in the regulations to reduce uncertainty. They also propose to make technical and administrative revisions to the regulations. The proposed regulatory changes are intended to reduce costs and time associated with negotiating and developing the required documents to support the applications. They will accept comments from all interested parties until 10 April 2023. POC is Lisa Ellis, Chief, Branch of Recovery and Conservation Planning, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele: 703-358-2307. (Federal Register 9 February 2023 [Proposed Rule] Pages 8380-8396)
Feb 10, 2023
USFWS announced three 90-day findings on petitions to delist the grizzly bear in the lower-48 States (Ursus arctos horribilis) under the ESA. One petition requests delisting the grizzly bear in the lower-48 States, and the other two petitions request delisting populations in two specific ecosystems, the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE). With the publication of this document, they announce that they plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, they are requesting new scientific and commercial data and other information regarding the grizzly bear in the NCDE and GYE and factors that may affect its status in those ecosystems, including the adequacy of existing regulatory mechanisms to address threats now and in the foreseeable future. Based on the status review, they will issue a 12-month petition finding, which will address whether the petitioned actions are warranted, in accordance with the Act. The findings announced in this document were made on 6 February 2023. POC is Hilary Cooley, Grizzly Bear Recovery Coordinator, Grizzly Bear Recovery Office, telephone: 406-243-4903, email: hilary_cooley@fws.gov. (Federal Register 6 February 2023 [Proposed Rule] Pages 7658-7660)
Jan 31, 2023
On July 13, 2022, we, the U.S. Fish and Wildlife Service (Service), proposed to delist the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico. USFWS announced a 60-day public comment period on the proposed rule, ending September 12, 2022. They are reopening the comment period for 30 days to hold a public hearing and to allow all interested parties additional time to comment on our proposal. Comments previously submitted will be fully considered in preparation of the final rule and do not need to be resubmitted. They will accept comments received or postmarked on or before 2 March 2023. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. (Federal Register 31 January 2023 [Proposed Rule] Pages 6220-6222).
Jan 26, 2023
USFWS proposes to designate critical habitat for the sickle darter (Percina williamsi) under the ESA. In total, approximately 104 river miles (168 river kilometers) in Bledsoe, Blount, Morgan, and Roane Counties, Tennessee, and Scott, Smyth, and Washington Counties, Virginia, fall within the boundaries of the proposed critical habitat designation. If finalized this would extend the Act's protections to this species' critical habitat. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the sickle darter. They will accept comments received or postmarked on or before 27 March 2023. POC is Daniel Elbert, Field Supervisor, USFWS, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; tele 931-528-6481. (Federal Register 24 January 2023 [Proposed Rule] Pages 4128-4150)
Jan 25, 2023
A bill to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction. (Congressional Record: 9 January 2023 [House] Pages H97-H108)
Jan 17, 2023
A bill to amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. (Congressional Record: 9 January 2023 [House] Pages H97-H108)
Jan 12, 2023
NMFS announce a 90-day finding on a petition to list the Oregon Coast (OC) and Southern Oregon and Northern California Coastal (SONCC) Chinook salmon (Oncorhynchus tshawytscha) Evolutionarily Significant Units (ESUs) as threatened or endangered under the ESA or, alternatively, list only the spring-run Chinook salmon components of the OC ESU and the SONCC ESU as threatened or endangered under the ESA. The Petitioners also requested that NMFS designate critical habitat concurrently with the listing. With respect to the request to list the entire OC and SONCC ESUs, they find that the petition presents substantial scientific and commercial information indicating the petitioned actions may be warranted. For the request to list only the spring-run components of those ESUs, they do not find that the petition presents substantial scientific and commercial information indicating that the petitioned action is warranted. Scientific and commercial information pertinent to the petitioned action must be received by 13 March 2023. POC is Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, (503) 230-5424. (Federal Register 11 January 2023 [Proposed Rule] Pages 1548-1555)
Jan 03, 2023
Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action proposes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also proposes the second supplemental standard addressing the remand of the 2016 standard-setting rulemaking. Finally, this action proposes several regulatory changes to the RFS program including regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the program's implementation. Comments must be received on or before 10 February 2023. POC is David Korotney, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734-214-4507; email: RFS-Rulemakings@epa.gov. (Federal Register 30 December 2022 [Proposed Rule] Pages 80582-80756)
Dec 30, 2022
DOE is publishing a supplemental notice of proposed rulemaking SNOPR to establish revised energy performance standards for the construction of new Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the ECPA, as amended by the EISA of 2007. This document presents an updated proposal with a new focus that accounts for the needs of Federal agencies and the goals of the Administration and responds to comments received on prior NOPR and SNOPR documents. Consistent with the requirements of ECPA and EISA, this document presents revised Federal building energy performance standards that would require reductions in Federal agencies' on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of ECPA and EISA and provides processes by which agencies can petition DOE for the downward adjustment of said targets for buildings. DOE will accept comments, data, and information regarding this SNOPR no later than 21 February 2023. POC is Mr. Jeremy Williams, U.S. DOE, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: Jeremy.Williams@ee.doe.gov. (Federal Register: 21 December 2022 [Proposed Rule] Pages 78382-78436).
Dec 29, 2022
USFWS propose to designate critical habitat for the federally threatened `i`iwi (Drepanis coccinea) under the ESA. In total, approximately 275,647 acres (111,554 hectares) on the islands of Kaua`i, Maui, and Hawai`i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation. They also announced a public informational meeting and public hearing and the availability of a draft economic analysis of the proposed critical habitat designation. They will accept comments received or postmarked on or before 27 February 2023. POC is Earl Campbell, Project Leader, USFWS, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; tele 808-792-9400. (Federal Register 28 December 2022 [Proposed Rule] Pages 79942-79975)
DoD, GSA, and NASA issued a proposed rule on 14 November 2022, proposing to amend the Federal Acquisition Regulation (FAR) to implement a requirement to ensure certain Federal contractors disclose their greenhouse gas emissions and climate-related financial risk and set science-based targets to reduce their greenhouse gas emissions. The deadline for submitting comments is being extended from 13 January 2023, to 13 February 2023, to provide additional time for interested parties to provide comments on the proposed rule. For the proposed rule published on 14 November 2022, (87 FR 68312), submit comments by 13 February 2023. POC is Ms. Jennifer Hawes, Procurement Analyst, at 202-255-9194 or by email at jennifer.hawes@gsa.gov. (Federal Register 23 December 2022 [Proposed Rule] Pages 78910-7891)
Dec 15, 2022
EPA is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to: restrict the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establish a process for submitting technology transitions petitions; establish recordkeeping and reporting requirements; and address certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. The proposed restrictions on the use of hydrofluorocarbons would, in part, address petitions granted on 7 October 2021, and 19 September 2022. The EPA is also seeking advance information on certain topics that may be helpful to developing a future proposed rule including on restrictions on the use of hydrofluorocarbons for certain other sectors and subsectors and on a third-party auditing program to verify substances used in products. Comments on this notice of proposed rulemaking must be received on or before 30 January 2023. POC is Allison Cain, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1566; email: cain.allison@epa.gov. (Federal Register 15 December 2022 [Proposed Rule] Pages 76738-76813)
Dec 12, 2022
USFWS proposes to revise the List of Birds protected by the MBTA by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. The net increase of 13 species (16 added and three removed) would bring the total number of species protected by the MBTA to 1,106. They also propose to revise the scientific name of a species subject to specific migratory-bird-permit regulations and to revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. They will accept comments received or postmarked on or before 10 February 2023. POC is Eric L. Kershner, Chief, Division of Bird Conservation, Permits, and Regulations; Migratory Bird Program; USFWS; MS: MB; 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2376. (Federal Register 10 December 2022 [Proposed Rule] Pages 75977-76023)
Dec 06, 2022
EPA is proposing to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the EPCRA and the PPA pursuant to the NDAA to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). These PFAS already have a lower reporting threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern will cause such PFAS to be subject to the same reporting requirements as other chemicals of special concern (i.e., it would eliminate the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. In addition, EPA is proposing to remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This change will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase. Comments must be received on or before 3 February 2023. https://www.federalregister.gov/d/2022-26022
Dec 05, 2022
EPA is proposing amendments to the Standards of Performance for secondary lead smelters per the Agency's periodic review of the new source performance standards required by the CAA. In this action, they are proposing updates to the current NSPS for secondary lead smelters and proposing a new NSPS subpart that applies to affected sources constructed, reconstructed, or modified after the date of this proposed rule. For the current NSPS subpart, they are proposing to revise the definitions of blast furnace, reverberatory furnace, and pot furnace to more closely align with the equipment definitions used in the NESHAP for secondary lead smelting. They are also proposing requirements for periodic performance tests for PM and incorporating revised monitoring, recordkeeping, and reporting requirements, including electronic reporting of performance tests, to be more consistent with the NESHAP. Please read full text for additional subpart proposals. Comments must be received on or before 17 January 2023. POC is Tonisha Dawson, Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-1454; and email: dawson.tonisha@epa.gov. (Federal Register 1 December 2022 [Proposed Rule] Pages 73708-73722)
Nov 30, 2022
The EPA is announcing the availability of and soliciting comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). The EPA seeks public comment on all aspects of the IRFA and Updated Economic Analysis, including underlying data and assumptions in developing its estimates, as well as on certain items presented in the IRFA for public comment and related to the protection of Confidential Business Information. Comments must be received on or before 27 December 2022. POC is Stephanie Griffin, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-1463; email address: griffin.stephanie@epa.gov. (Federal Register 25 November 2022 [Proposed Rule] Pages 72439-72441).
Nov 29, 2022
USFWS are revising their proposed designation of critical habitat for the Florida bonneted bat (Eumops floridanus) under the ESA. In response to new information they received and public comments on their 10 June 2020, proposed rule, they are now proposing to designate approximately 1,174,011 acres (475,105 hectares) in 13 Florida counties as critical habitat for the species. They also announce the availability of a draft economic analysis (DEA) of the revised proposed designation of critical habitat for the Florida bonneted bat. They request comments from all interested parties on this revised proposed rule and the associated DEA. Comments submitted on our 10 June 2020, proposed rule need not be resubmitted as they will be fully considered in the preparation of the final rule. If finalized this rule would extend the Act's protections to this species' critical habitat. They will accept comments on this revised proposed rule and the DEA that are received or postmarked on or before 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tele: (904) 731-3134. (Federal Register 22 November 2022 [Proposed Rule] Pages 71466-71501)
Nov 10, 2022
NMFS will hold a public hearing related to our proposed rule published 8 September 2022, to list the queen conch (Aliger gigas) as a threatened species under the ESA. They are also reopening the public comment period, which will now close on 15 December 2022. The comment period is reopened from 7 November 2022, to 15 December 2022. Comments must be received by 15 December 2022. Comments received after this date may not be accepted. POC is Calusa Horn, NMFS, Southeast Regional Office at (727) 551-5782 or calusa.horn@noaa.gov. (Federal Register 10 November 2022 [Rule] Pages 67853-67854)
Nov 04, 2022
EPA is proposing to amend existing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to establish the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also proposing to amend the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including proposing to: codify the existing approach of how allowances must be expended for import of regulated substances; revise recordkeeping and reporting requirements; and implement other modifications to the existing regulations. Comments on this notice of proposed rulemaking must be received on or before 19 December 2022. POC is John Feather, EPA, Stratospheric Protection Division, tele: 202-564-1230; or email: feather.john@epa.gov. (Federal Register 3 November 2022 [Notice] Pages 66372-66409).
Oct 25, 2022
NMFS proposed to designate critical habitat for the threatened Nassau grouper pursuant to section 4 of the ESA. Specific occupied areas proposed for designation as critical habitat contain approximately 2,353.19 sq. kilometers (908.57 sq. miles) of aquatic habitat located in waters off the coasts of southeastern Florida, Puerto Rico, Navassa, and the United States Virgin Islands (USVI). They have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat. They are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of impacts of the proposed action. Written comments and information must be received by 16 December 2022. POC is Patrick Opay, email: Patrick.Opay@noaa.gov and tele: 727-551-5789. (Federal Register 17 October 2022 [Proposed Rule] Pages 62930-62971)
In this action, the Administrator is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of section 231(a) of the Clean Air Act. The Administrator is also proposing to find that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231(a) of the Clean Air Act. Written comments must be received on or before 17 January 2023. POC is Marion Hoyer, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA; Tele: (734) 214-4513; Email: hoyer.marion@epa.gov. (Federal Register 17 October 2022 [Proposed Rules] Pages 62753-62781).
Oct 18, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidei ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover) under the ESA. In total, approximately 179,680 acres (72,714 hectares) for Everglades bully, 177,879 acres (71,985 hectares) for Florida pineland crabgrass, 8,867 acres (3,588 hectares) for pineland sandmat, and 179,300 acres (72,560 hectares) for Florida prairie-clover in Monroe, Collier, and Miami-Dade Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitats. They also announced the availability of a draft economic analysis (DEA) of the proposed designations of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62564-62611)
U.S. Fish and Wildlife Service (Service), propose to list two Florida species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), and propose to designate critical habitat under the ESA. This determination also serves as their 12-month finding on the petition to list the Key ring-necked snake and the rim rock crowned snake. After a review of the best available scientific and commercial information, they find that listing both species is warranted. Accordingly, they propose to list both species as endangered species under the Act. If finalized, this rule as proposed, would add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. They also propose to designate critical habitat for the Key ring-necked snake and the rim rock crowned snake under the Act. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62614-62674)
Oct 17, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Chamaecrista lineata var. keyensis (Big Pine partridge pea), Chamaesyce deltoidei ssp. serpyllum (wedge spurge), Linum arenicola (sand flax), and Argythamnia blodgettii (Blodgett's silverbush) under the ESA. In total, approximately 1,462 acres (592 hectares) for Big Pine partridge pea and approximately 1,379 acres (558 hectares) for wedge spurge, in Monroe County, Florida, and approximately 5,090 acres (2,060 hectares) for sand flax and 16,635 acres (6,732 hectares) for Blodgett's silverbush in Miami-Dade and Monroe Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitat. They also announced the availability of a draft economic analysis of the proposed designation of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 14 October 2022 [Proposed Rule] Pages 62502-62562)
EPA is proposing to repeal regulatory amendments promulgated through a final rule adopted in 2008 under the CAA that addressed the consideration of "fugitive" emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Act. Those amendments have been stayed as a result of the reconsideration process. To bring closure to the reconsideration proceeding, the EPA is proposing to fully repeal the 2008 rule by removing the stayed provisions of the regulatory amendments adopted in 2008. The EPA is also proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a "major modification," requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) programs. Comments must be received on or before 13 December 2022. POC is Matthew Spangler, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-05), EPA, Research Triangle Park, NC; tel: (919) 541-0327; email: spangler.matthew@epa.gov. (Federal Register 14 October 2022 [Proposed Rule] Pages 62322-62337)
Oct 11, 2022
USFWS proposes to list the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys) (Bay-Delta longfin smelt), a fish species of the Pacific Coast, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the DPS is warranted. Accordingly, they propose to list the Bay-Delta longfin smelt DPS as an endangered species under the Act. If finalized this rule as proposed, it would add this DPS to the List of Endangered and Threatened Wildlife and extend the Act's protections to the DPS. They also find that the designation of critical habitat for the Bay-Delta longfin smelt is not determinable at this time. They will accept comments received or postmarked on or before 6 December 2022. POC is Donald Ratcliff, Field Supervisor, USFWS, San Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall Suite 8-300, Sacramento, CA 95814; tel 916-930-5603. (Federal Register 7 October 2022 [Proposed Rule] Pages 60957-60975)
Oct 06, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana pinesnake (Pituophis ruthveni) under the ESA. In total, approximately 209,520 acres (84,790 hectares) in Bienville, Grant, Rapides, and Vernon parishes, Louisiana, and in Newton, Angelina, and Jasper Counties, Texas, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Louisiana pinesnake. They will accept comments received or postmarked on or before 5 December 2022. POC is Brigette Firmin, Deputy Field Supervisor, USFWS, Louisiana Ecological Services Field Office, 200 Dulles Drive, Lafayette, LA 70506; Tel 337-291-3100. (Federal Register 6 October 2022 [Rule] Pages 60580-60612)
USFWS proposes to list the Lassics lupine (Lupinus constancei), a plant species native to northern California, as an endangered species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Lassics lupine. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed, would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They also propose to designate critical habitat for the Lassics lupine under the Act. In total, approximately 512 acres (ac) (207 hectares (ha)) in Humboldt and Trinity Counties, California, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Lassics lupine. They will accept comments received or postmarked on or before 5 December 2022. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; Tel 707-822-7201. (Federal Register 6 October 2022 [Rule] Pages 60612-60638)
Sep 30, 2022
USFWS are reopening the comment period on our 25 October 2021 proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten (coastal marten) (Martes caurina), a mammal species from coastal California and Oregon, under the ESA. This action will allow all interested parties an additional opportunity to comment on the 25 October 2021, proposed rule, as well as the opportunity to comment on the additional areas they are considering for exclusion from critical habitat designation, potential changes to Unit 1, and on new habitat modeling efforts for the coastal marten, as explained in this document. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. The comment period on the proposed rule that published 25 October 2021. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707-822-7201.
Sep 27, 2022
USFWS proposes to list the Florida Keys mole skink (Plestiodon egregius egregius), a lizard subspecies from the Florida Keys, Florida, as a threatened species and designate critical habitat under the ESA. This determination also serves as our 12-month finding on a petition to list the Florida Keys mole skink. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Florida Keys mole skink as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They also propose to designate critical habitat for the Florida Keys mole skink under the ESA. In total, approximately 7,068 acres (2,860 hectares) within Monroe County in the Florida Keys, Florida , fall within the boundaries of the proposed critical habitat designation.They will accept comments received or postmarked on or before 28 November 2022. POC is Lourdes Mena, Division Manager, Classification and Recovery, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; lourdes_mena@fws.gov; Tel 904-731-3134. (Federal Register 27 September 2022 [Proposed Rule] Pages 58648-58703).
Sep 22, 2022
The Coast Guard is proposing to align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization's Marine Environment Protection Committee's Circular 25. The updated tables would provide a list of the liquid hazardous materials and liquefied and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. This proposed rule would impose no additional costs to chemical shippers or vessel owners. Comments and related material must be received by the Coast Guard on or before 21 December 2022. POC is Dr. Raghunath Halder, U.S. Coast Guard Hazardous Materials Division (CG-ENG-5); tel 202-372-1422, email Raghunath.Halder@uscg.mil. (Federal Register 22 September 2022 [Proposed Rule] Pages 57984-58018).
Sep 14, 2022
U.S. Fish and Wildlife Service (Service), propose to list the tricolored bat (Perimyotis subflavus), as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the tricolored bat. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, USFWS propose to list the tricolored bat as an endangered species under the Act. If they finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They find that designating critical habitat for this species is not prudent. They also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule. USFWS will accept comments received or postmarked on or before 14 November 2022. POC is Sonja Jahrsdoerfer, Field Supervisor, USFWS, Pennsylvania Field Office, 110 Radnor Rd, Suite 101, State College, PA 16801; tele 814-234-4090. (Federal Register 14 September 2022 [Proposed Rule] Pages 56381-56393).
Sep 12, 2022
Strombus gigas) as a threatened species under the ESA. They have completed a comprehensive status review for the queen conch. After considering the status review report, and after taking into account efforts being made to protect the species, they have determined that the queen conch is likely to become an endangered species within the foreseeable future throughout its range. Therefore, they propose to list the queen conch as a threatened species under the ESA. Any protective regulations determined to be necessary and advisable for the conservation of the queen conch under ESA would be proposed in a subsequent Federal Register announcement. They solicit information to assist this listing determination, the development of proposed protective regulations, and designation of critical habitat within U.S jurisdiction. Information and comments on this proposed rule must be received by 7 November 2022. POC is Calusa Horn, NMFS Southeast Regional Office, 727-551-5782 or Calusa.Horn@noaa.gov. (Federal Register 8 September 2022 [Proposed Rule] Pages 55200-55239).
Sep 06, 2022
Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA" or "Superfund"), the Environmental Protection Agency (EPA or the Agency) is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. CERCLA authorizes the Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these "forever" chemicals. Comments must be received on or before 7 November 2022. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5202T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele:703-346-9536; email: schutz.michelle@epa.gov. (Federal Register 6 September 2022 [Proposed Rule] Pages 54415-54442)
Aug 31, 2022
The EPA is proposing to amend its Risk Management Program (RMP) regulations as a result of Agency review. The proposed revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. These proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources. Comments must be received on or before 31 October 2022. POC is Deanne Grant, Office of Emergency Management, Mail Code 5104A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-1096; email: grant.deanne@epa.gov. (Federal Register 31 August 2022 [Proposed Rule] Pages 53556-53616).
Aug 18, 2022
USFWS proposes to list magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina, as an endangered species and to designate critical habitat for the species under the ESA. In total, approximately 739 acres (299 hectares) of two ponds in Brunswick County, North Carolina, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for magnificent ramshorn. In addition, this document serves as our 12-month finding on a petition to list magnificent ramshorn. If finalized this rule as proposed, would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 17 October 2022. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, P.O. Box 33726, Raleigh, NC 27636-3726; tel 919-856-4520. (Federal Register 18 August 2022 [Proposed Rule] Pages 50804-50824)
Aug 11, 2022
On 5 September 2000, in response to a petition filed under the EPCRA, EPA issued a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA proposed to add this chemical category to the EPCRA toxic chemical list based on its preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has updated its hazard assessment for DINP and is proposing to add DINP as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. Comments must be received on or before 7 October 2022. POC is Daniel R. Bushman, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. (Federal Register 8 August 2022 [Proposed Rule] Pages 48128-48140).
Jul 29, 2022
Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances as acceptable subject to use conditions in the refrigeration and air conditioning sector for chillers--comfort cooling, residential dehumidifiers, non-residential dehumidifiers, residential and light commercial air conditioning and heat pumps, and a substance as acceptable subject to use conditions and narrowed used limits in very low temperature refrigeration. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for electrical air conditioners, heat pumps, and dehumidifiers, laboratory equipment containing refrigerant, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. Additionally, this action proposes to list certain substances as acceptable subject to use conditions in the fire suppression sector for certain streaming and total flooding uses. Finally, EPA requests advance comment on.... Comments must be received on or before 12 September 2022. POC is Holly Tapani, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-0679; email: tapani.holly@epa.gov. (Federal Register 28 July 2022 [Proposed Rule] Pages 45508-45562).
Jul 22, 2022
EPA is proposing to update the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA currently uses 2017 NAICS codes and is proposing to implement the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI would be required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). Comments must be received on or before 20 September 2022. POC is Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mailcode: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566-1303; email address: dean.rachel@epa.gov. (Federal Register 22 July 2022 [Proposed Rule] Pages 43772-43779)
Jul 14, 2022
USFWS proposes to remove the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico, from the Federal List of Endangered and Threatened Wildlife (List). This determination is based on the best available scientific and commercial data, which indicate that the species has recovered and the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or threatened species under the ESA. If this proposal is finalized, the Puerto Rican boa will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to the species. They will accept comments received or postmarked on or before 12 September 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. (Federal Register 13 July 2022 [Proposed Rule] Pages 41641-41655).
Jul 12, 2022
NMFS announced a 90-day finding on a petition to revise the critical habitat designation for the North Pacific right whale (Eubalaena japonica) under the ESA. In April 2008, they issued a final rule designating approximately 3,050 square kilometers (~1,175 square miles) and approximately 91,850 square kilometers (~35,460 square miles) of critical habitat for North Pacific right whales in the Gulf of Alaska and the Southeast Bering Sea, respectively. The petition requests they revise this critical habitat. They find that the petition presents substantial scientific information indicating the petitioned action may be warranted. They are hereby initiating a review of the currently designated critical habitat to determine whether revision is warranted. To ensure a comprehensive review, they are soliciting scientific and commercial information pertaining to this action. Scientific and commercial information pertinent to the petitioned action must be received by 12 September 2022. POC is Jenna Malek, NMFS Alaska Region, jenna.malek@noaa.gov, (907) 271-1332. (Federal Register 12 July 2022 [Proposed Rule] Pages 41271-41273).
Jun 24, 2022
USFWS proposes to reclassify Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the ESA. The proposed downlisting is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They also propose a rule under section 4(d) of the Act that provides for the conservation of M. polycladus. They will accept comments received or postmarked on or before 22 August 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; tel: (787) 851-7297. (Federal Register 23 June 2022 [Proposed Rule] Pages 37476-37494).
Jun 22, 2022
The FHWA proposes to establish regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities. The standards and requirements proposed would apply to the installation, operation, or maintenance of EV charging infrastructure; the interoperability of EV charging infrastructure; traffic control device or on-premises signage acquired, installed, or operated in concert with EV charging infrastructure; data, including the format and schedule for the submission of such data; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications. Comments must be received on or before 22 August 2022. POC is Mr. Gary Jensen, Office of Natural Environment, (202) 366-2048, or via email at Gary.Jensen@dot.gov. (Federal Register 22 June 2022 [Proposed Rule] Pages 37262-37280).
USFWS proposes to list the Ocmulgee skullcap (Scutellaria ocmulgee), a plant species from Georgia and South Carolina, as a threatened species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Ocmulgee skullcap. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Ocmulgee skullcap as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). They also propose to designate critical habitat for the Ocmulgee skullcap under the Act. In total, approximately 6,577 acres (ac) (2,662 hectares (ha)) in Bibb, Bleckley, Burke, Columbia, Houston, Monroe, Pulaski, Richmond, Screven, and Twiggs counties, Georgia, and Aiken and Edgefield counties, South Carolina, fall within the boundaries of the proposed critical habitat designation. Comments will be accepted if received or postmarked on or before 22 August 2022. POC is Peter Maholland, Acting Field Supervisor, U.S. Fish and Wildlife Service, Georgia Ecological Services Field Office, 355 East Hancock Avenue, Room 320, Athens, Georgia 30601; tel 706-613-6059. (Federal Register 22 June 2022 [Proposed Rule] Pages 37378-37428).
Jun 21, 2022
EPA is proposing to amend specific provisions in the Greenhouse Gas Reporting Rule to improve the quality and consistency of the data collected under the rule, streamline and improve implementation, and clarify or propose minor updates to certain provisions that have been the subject of questions from reporting entities. These proposed changes include revisions to improve the existing calculation, recordkeeping, and reporting requirements by incorporating updates to existing emissions estimation methodologies and providing for collection of additional data to understand new source categories or new emission sources for specific sectors. The EPA is also proposing revisions that would improve implementation of the Greenhouse Gas Reporting Rule such as updates to applicability estimation methodologies, providing flexibility for or simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. Comments must be received on or before 22 August 2022. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: (202) 343-9548; email address:GHGReporting@epa.gov. (Federal Register 21 June 2022 [Proposed Rule] Pages 36920-37119).
Jun 10, 2022
The EPA is proposing amendments to the NESHAP for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals. The EPA is proposing to revise NESHAP requirements for storage tanks, loading operations, and equipment leaks to reflect cost-effective developments in practices, process, or controls. The EPA is also proposing New Source Performance Standards to reflect best system of emissions reduction for loading operations and equipment leaks. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting of performance test results, performance evaluation reports, and compliance reports; to revise monitoring and operating requirements for control devices; and to make other minor technical improvements. We estimate that these proposed amendments would reduce emissions of hazardous air pollutants from this source category by 2,220 tons per year (tpy) and would reduce emissions of volatile organic compounds by 45,400 tpy. Comments must be received on or before 9 August 2022. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register 10 June 2022 [Proposed Rule] pages 35608-35642).
Feb 23, 2022
This proposal presents the results of the EPA's review of the NSPS for Lead Acid Battery Manufacturing Plants and the TR for the NESHAP for Lead Acid Battery Manufacturing Area Sources as required under the CAA. The EPA is proposing revised Pb emission limits for grid casting, paste mixing, and lead reclamation operations for both the area source NESHAP (for new and existing sources) and under a new NSPS subpart (for lead acid battery facilities that begin construction, reconstruction, or modification after February 23, 2022). Comments must be received on or before 25 April 2022. POC: Amanda Hansen, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-3165; and email: hansen.amanda@epa.gov. (Federal Register: 23 February 2022 [Proposed Rule] Pages 10134-10158)
Feb 08, 2022
USFWS announced a 12-month finding on a petition to list the Sonoran desert tortoise (Gopherus morafkai) as an endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to list the Sonoran desert tortoise. However, they ask the public to submit to them at any time any new information relevant to the status of the Sonoran desert tortoise or its habitat. The finding in this document was made on 8 February 2022. POC is Mark Lamb, Arizona Ecological Services Field Office, 9828 North 31st Ave. C3, Phoenix, AZ 85051-2517; tel: 602-242-0210. (Federal Register 8 February 2022 [Proposed Rule] Pages 7077-7079)
Nov 15, 2021
USFWS is withdrawing the proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf (Canis rufus) under section 10(j) of the ESA. Based on recent court decisions involving the North Carolina nonessential experimental population designation of the red wolf (NC NEP), having considered the public comments submitted in response to the proposed rule, and upon further consideration of the proposal, we have determined that withdrawing the proposed rule is the best course of action at this time. The NC NEP will be managed under the provisions of the existing regulations and as informed by relevant court orders. The USFWS is withdrawing the proposed rule published on 28 June 2018 (83 FR 30382), as of 15 November 2021. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; tel: 919-856-4520. (Federal Register 15 November 2021 [Proposed Rule] Pages 62980-62982)
Oct 07, 2021
USFWS proposes to list Eriogonum tiehmii (hereafter Tiehm's buckwheat), a plant species native to Nevada in the United States, as endangered under the ESA. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They will accept any additional data, information, or comments received or postmarked on or before 6 December 2021. Marc Jackson, Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, Nevada 89502; tel 775-861-6337. (Federal Register 7 October 2021 [Proposed Rule] Pages 55775-55789).
CEQ is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the NEPA to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ's extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA's statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA's requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of "effects." CEQ invites comments on the proposed revisions. CEQ must receive comments by 22 November 2021. POC is Amy B. Coyle, Deputy General Counsel, 202-395-5750, Amy.B.Coyle@ceq.eop.gov. (Federal Register 7 October 2021 [Proposed Rule] Pages 55757-55769).
Sep 28, 2021
USFWS announce findings that 17 species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Amargosa tryonia (Tryonia variegata), Ash Meadows pebblesnail (Pyrgulopsis erythropoma), boat-shaped bugseed (Corispermum navicula), Burrington jumping-slug (Hemphillia burringtoni), crystal springsnail (Pyrgulopsis crystalis), Dalles sideband (Monadenia fidelis minor), distal-gland springsnail (Pyrgulopsis nanus), early dark blue butterfly (Euphilotes ancilla purpura), Fairbanks springsnail (Pyrgulopsis fairbanksensis), late dark blue butterfly (Euphilotes ancilla cryptica), median-gland springsnail (Pyrgulopsis pisteri), minute tryonia (Tryonia ericae), Point of Rocks tryonia (Tryonia elata), southern rubber boa (Charina umbratica), southwest Nevada pyrg (Pyrgulopsis turbatrix), sportinggoods tryonia (Tryonia angulata), and Virgin spinedace (Lepidomeda mollispinis mollispinis). USFWS is asking the public to submit any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 27 September 2021.
Sep 09, 2021
EPA is soliciting information and requesting comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks, including solid waste (e.g., municipal solid waste, commercial and industrial waste, hospital/medical/infectious waste, sewage sludge, other solid waste), biomass, plastics, tires, and organic contaminants in soils and oily sludges to useful products such as energy, fuels and chemical commodities. Pyrolysis and gasification are often described as heat induced thermal decomposition processes. Through recent requests for applicability determinations, it appears that pyrolysis and gasification processes are more widely being used to convert waste into useful products or energy. Comments must be received on or before 8 November 2021. POC is Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5572; email address: modak.nabanita@epa.gov. (Federal Register 8 September 2021 [Proposed Rules] Pages 50296-50303).
Sep 07, 2021
USFWS announce their 90-day finding in response to a petition to revise critical habitat for the jaguar (Panthera onca) pursuant to the ESA. The petition requests the Service to revise the existing critical habitat designation by removing approximately 20,234 hectares (50,000 acres) of land in the northern Santa Rita Mountains in Arizona and an adjoining critical habitat subunit, including land containing the proposed Rosemont Mine. Their 90-day finding is that the petition does not present substantial scientific information indicating that the requested revision to the critical habitat designation may be warranted. The finding announced in this document was made on 7 September 2021. POC is Jeff Humphrey, Arizona Ecological Services Field Office; Arizona Ecological Services Field Office at 9828 North 31st Ave. C3, Phoenix, AZ; tele 602-242-0210. (Federal Register: 7 September 2021 [Proposed Rule] Pages 49985-49989)
Aug 25, 2021
U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Amur sturgeon (Acipenser schrenckii), a fish species from the Amur River basin in Russia and China, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the species is warranted. Accordingly, they propose to list the Amur sturgeon as an endangered species under the Act. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 25 October 2021. POC is Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele, 703-358-2171. [Federal Register 25 August 2021 [Proposed Rule] Pages 47457-47468)]
Apr 30, 2021
USFWS is reopening the public comment periods on two proposed rules to allow all interested parties additional time to comment, and to conduct a public hearing. The two relevant proposed rules are date 30 September 2020, a proposed rule to reclassify the endangered Virgin Islands tree boa (Chilabothrus granti) as a threatened species with a rule issued under section 4(d) of the ESA; and the 21 October 2020, proposed rule to reclassify the endangered plant Eugenia woodburyana (no common name) as a threatened species with a rule issued under section 4(d) of the ESA. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rules. The comment periods for the proposed rules published on September 30, 2020, at 85 FR 61700, and October 21, 2020, at 85 FR 66906, are reopened. We will accept comments received or postmarked on or before 26 May 2021. POC is Edwin E. Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, at either: Road 301 Km 5.1, Corozo Ward, Boquerón, PR 00622; or P.O. Box 491, Boquerón, PR 00622. Tel: 787-405-3641. (Federal Register: 26 April 2021 [Rule] pages 22005-22006).
USFWS proposes to remove the dwarf-flowered heartleaf (Hexastylis naniflora), a plant endemic to the upper Piedmont region of western North Carolina and upstate South Carolina, from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the ESA. They also announce the availability of a draft post-delisting monitoring (PDM) plan for the dwarf-flowered heartleaf. USFWS seek information, data, and comments from the public regarding this proposal to delist this species and on the draft PDM plan. USFWS will accept comments received or postmarked on or before 25 June 2021. POC is Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. (Federal Register: 26 April 2021 [Rule] pages 21994-22005).
Jan 22, 2021
A bill to amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance. (Congressional Record: 4 January 2021 [House] Pages H43-H51)
Jan 19, 2021
EPA currently requires fuel dispenser labels for gasoline-ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The label was designed to alert consumers to the appropriate and lawful use of the fuel. EPA is co-proposing to either modify the E15 label or remove the label requirement entirely and seeking comment on whether state and local governments may be preempted from requiring different labels on fuel dispensers. To facilitate the proper storage of E15 in underground storage tank systems (USTs), EPA is proposing to modify the UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol. Comments must be received on or before 19 April 2021. POC is Lauren Michaels, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: (734) 214-4640; email: michaels.lauren@epa.gov. (Federal Register 19 January 2021 [Proposed Rule] pages 5094-5104).
USFWS proposes to reclassify (downlist) Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the Act. They request information and comments from the public on this proposal. They will accept comments received or postmarked on or before 16 March 2021. POC is Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tel: 207-902-1567. (Federal Register: 15 January 2021 [Proposed Rule] Pages 3976-3986).
Jan 11, 2021
NMFS, announced revisions to their 9 December 2014, proposed designation of critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under ESA. The revised proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, they also propose to exclude a particular area north of the Beaufort Sea shelf from the designation. NMFS seeks comments on all aspects of the revised proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2021. Public hearings on the revised proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638. (Federal Register 8 January 2021 [Proposed Rule] Pages 1452-1474)
NMFS proposes to designate critical habitat for the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies Erignathus barbatus nauticus under the ESA. The proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. NMFS seeks comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2020. Public hearings on the proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638. (Federal Register 8 January 2021 [Proposed Rule] Pages 1433-1452)
Apr 23, 2020
A bill to amend the Communications Act of 1934 to provide that the Federal Communications Commission is not required to perform any review under the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code, as a condition of permitting the placement and installation of a communications facility, and for other purposes. (Congressional Record: 10 April 2020 [House] Pages H1882-H1883)
Feb 07, 2019
The Environmental Protection Agency (EPA) is proposing a revision to its response to the U.S. Supreme Court decision in Michigan v. EPA which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the Clean Air Act (CAA) of hazardous air pollutant (HAP) emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. POC: Mary Johnson, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5025 and email: johnson.mary@epa.gov. (Federal Register: 7 February 2019 [Proposed Rules] Pages 2670-2704).
Jul 25, 2018
FWS and NMFS propose to amend portions of their regulations that implement section 7 of the Endangered Species Act of 1973, as amended. The Services are proposing these changes to improve and clarify the interagency consultation processes and make them more efficient and consistent. FWS and NMFS will accept comments from all interested parties until 24 September 2018. POC is Craig Aubrey, U.S. FWS, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442; or Cathy Tortorici, ESA Interagency Cooperation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8495 (Federal Register; 25 July 2018 [Proposed Rules], pages 35178-35193).
The U.S. FWS and the NMFS propose to revise portions of their regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing or removing species from the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. Multiple technical revisions are also proposed to update existing sections or to refer appropriately to other sections. Comments will be accepted from all interested parties until 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171; or Samuel D. Rauch, III, NMFS, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8403 (Federal Register; 25 July 2018 [Proposed Rules], pages 35193-35201).
The U.S. FWS proposes to revise their regulations extending most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the proposed regulations would not alter the applicable prohibitions. The proposed regulations would require the Service, pursuant to section 4(d) of the Endangered Species Act, to determine what, if any, protective regulations are appropriate for species that the Service in the future determines to be threatened. Comments will be accepted on or before 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171 (Federal Register; 25 July 2018 [Proposed Rules], pages 35174-35178).
May 10, 2018
EPA is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the first-round allocations. Objections to the information referenced in this notice must be received on or before 11 June 2018. POC is Kenon Smith at 202-343-9164 or smith.kenon@epa.gov or Jason Kuhns at 202-564-3236 or kuhns.jason@epa.gov (Federal Register; 10 May 2018 [Notices], pages 21772-21773).
Oct 16, 2017
EPA is proposing to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs), commonly referred to as the Clean Power Plan (CPP), as promulgated on 23 October 2015. Comments must be received on or before 15 December 2017. POC is Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; tel: 888-627-7764; email: airaction@epa.gov. (Federal Register Volume 82, Number 198 (Monday, October 16, 2017)][Proposed Rules][Pages 48035-48049]).
Jul 27, 2017
The EPA and the Dept. of the Army ("the agencies") are publishing this proposed rule to start the first step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" (WOTUS) consistent with the Executive Order signed 28 Feb 2017. This first step proposes to rescind the definition of WOTUS in the CFR to re-codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of WOTUS promulgated by the agencies in 2015. The agencies would apply the definition of WOTUS as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of WOTUS. Comments must be received on or before 28 August 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, 1200 Penn Ave NW., Wash., DC 20460; tel: (202) 566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, 441 G Street NW., Wash., DC 20314; tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil (Federal Register, 27 July 2017 [Proposed Rules], page 34899-34909).
Dec 16, 2016
TCE is a volatile organic compound widely used in industrial and commercial processes and has some limited uses in consumer and commercial products. EPA identified significant health risks associated with TCE use in aerosol degreasing and for spot cleaning in dry cleaning facilities. To address these unreasonable risks, EPA is proposing to prohibit the manufacture, processing, and distribution in commerce of TCE for use in aerosol degreasing and for use in spot cleaning in dry cleaning facilities; to prohibit commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. Comments must be received on or before 14 February 2017. POC is Toni Krasnic, Chemical Control Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-564-0984; email address: krasnic.toni@epa.gov (Federal Register; 16 December 2016 [Proposed Rules], pages 91592-91624).
Dec 07, 2016
This proposed rule address management of paleontological resources on federal lands under the jurisdiction of the Secretary of the Interior, and managed by BLM, Reclamation, NPS, and FWS. The proposed rule would address the management, collection, and curation of paleontological resources from federal lands using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. Comments on the proposed rule must be received by 6 February 2017. Comments on the information collection requirements must be received by 5 January 2017. POC is Julia F. Brunner, Geologic Resources Division, National Park Service, tel: 303-969-2012 or email: Julia_F_Brunner@nps.gov (Federal Register; 7 December 2016 [Proposed Rules], pages 88173-88196).
Oct 03, 2016
EPA is proposing to revise provisions applicable to greenhouse gases (GHG) in the EPA's Prevention of Significant Deterioration (PSD) and title V permitting regulations. This action is in response to the 23 Jun 2014, U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA and the 10 Apr 2015, Amended Judgment by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The proposed revisions involve changes to several regulatory definitions in the PSD and title V regulations, revisions to the PSD provisions on GHG Plantwide Applicability Limitations (PALs), and revisions to other provisions necessary to ensure that neither the PSD nor title V rules require a source to obtain a permit solely because the source emits or has the potential to emit GHGs above the applicable thresholds. EPA is also proposing a significant emissions rate for GHGs under the PSD program that would establish an appropriate threshold level below which BACT is not required for a source's GHG emissions. Comments must be received on or before 2 Dec 2016. POC is Ms. Carrie Wheeler, U.S. EPA, Office of Air Quality Planning & Standards, Air Quality Policy Division, (C504-01), Research Triangle Park, NC 27711, Tel: (919) 541-9771, email: wheeler.carrie@epa.gov (Federal Register; 3 October 2016 [Proposed Rules], pages 68110-68147).
Jul 26, 2016
PHMSA is proposing to amend the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders. Comments must be submitted by 26 September 2016. POC is Eileen Edmonson, Standards and Rulemaking Division, PHMSA, U.S. DOT, 1200 New Jersey Avenue SE., Washington, DC 20590, at 202-366-8553 (Federal Register; 26 July 2016 [Proposed Rules], pages 48977-49022).
May 18, 2016
EPA proposes revisions to the NPDES regulations to eliminate regulatory and application form inconsistencies; improve permit documentation, transparency and oversight; clarify existing regulations; and remove outdated provisions. These proposed regulatory changes cover 15 topics in the following major categories: permit applications; the water quality-based permitting process; permit objection, documentation and process efficiencies; the vessels exclusion; and the CWA section 401 certification process. Comments must be received on or before 18 July 2016. POC is Erin Flannery-Keith, Water Permits Division, Office of Wastewater Management, Mail Code 4203M, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 202-566-0689; flannery-keith.erin@epa.gov (Federal Register; 18 May 2017 [Proposed Rules], pages 31343-31374).
EPA is announcing that the period for providing public comments on the 18 April 2016, proposed "Protection of Stratospheric Ozone: Proposed New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products under the SNAP Program; and Revision of CAA Section 608 Venting Prohibition for Propane" is being extended by 14 days. The public comment period for the proposed rule will now close on 16 June 2016. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205 T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-7768; email: Farquharson.chenise@epa.gov (Federal Register; 18 May 2016 [Proposed Rules], pages 31222-31223).
Apr 11, 2016
EPA is responding to a rulemaking petition requesting revision of the RCRA corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. EPA is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted. The Agency is also soliciting public comment on this tentative and the questions raised in this action. Comments must be received on or before 10 June 2016. POC is Gregory Helms, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-8855; email: corrosivitypetition@epa.gov(Federal Register; 11 April 2016 [Proposed Rules], pages 21295-21308).
Final Documents
NOTE: Final regulations are removed from this list annually as they are incorporated into the full-text version of the Code of Federal Regulations. See https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR)
Final Documents
Jun 21, 2024
The EPA is correcting formatting and entry designations in a final rule that was published in the Federal Register on 26 April 2024. The rule finalized National Primary Drinking Water Regulations under the Safe Drinking Water Act for five individual per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals). The rule finalized a NPDWR for two or more mixtures of PFNA, PFHXs, HFPO-DA and perfluorobutane sulfonic acid (PFBS). This document corrects formatting and entry designations in the final regulation. Effective on 25 June 2024. POC is Alexis Lan, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele 202-564-0841; email address: PFASNPDWR@epa.gov (Federal Register 11 June 2024 [Rule] Pages 49101-49104)
Pursuant to the EPA's Significant New Alternatives Policy program, this action lists several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is incorporating by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also exempts propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the Clean Air Act (CAA) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of existing evidence, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Effective on 15 July 2024. POC is Perrin Krisko, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-2328; email: krisko.claudia@epa.gov. (Federal Register 13 June 2024 [Rule] Pages 50410-50497)
Jun 04, 2024
Endangered species status for the Guadalupe fatmucket (Lampsilis bergmanni), Texas fatmucket (Lampsilis bracteata), Guadalupe orb (Cyclonaias necki), Texas pimpleback (Cyclonaias (= Quadrula) petrina), Balcones spike (Fusconaia (= Quincuncina) iheringi), and false spike (Fusconaia (= Quincuncina) mitchelli), and threatened species status for the Texas fawnsfoot (Truncilla macrodon), seven species of freshwater mussels from central Texas. They also issue a rule under section 4(d) of the Act for the Texas fawnsfoot that provides measures that are necessary and advisable to provide for the conservation of the Texas fawnsfoot. In total, approximately 1,577.5 river miles (2,538.7 river kilometers) in Blanco, Brown, Caldwell, Coleman, Comal, Concho, DeWitt, Gillespie, Gonzales, Guadalupe, Hays, Kendall, Kerr, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Mills, Palo Pinto, Parker, Runnels, San Saba, Shackelford, Stephens, Sutton, Throckmorton, Tom Green, Travis, and Victoria Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to these species and their designated critical habitats. Effective 5 July 2024. POC is Karen Myers, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, TX 78754; tele (512) 937-7371. (Federal Register 4 June 2024 [Rule] Pages 48034-48130)
May 30, 2024
USFWS designate critical habitat for the coastal distinct population segment of Pacific marten (coastal marten) (Martes caurina), a mammal species from coastal California and Oregon, under the ESA. In total, approximately 1,213,752 acres (491,188 hectares) in northwestern California and southwestern Oregon fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to this entity's designated critical habitat. This rule is effective 28 June 2024. POC is Vicky Ryan, Acting Field Supervisor, USFWS, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; tele 707-822-7201. (Federal Register 29 May 2024 [Rule] Pages 46576-46616)
May 24, 2024
EPA is revising the Consumer Confidence Report (CCR) Rule in accordance with America's Water Infrastructure Act (AWIA) of 2018 (United States, 2018) and is requiring States, territories, and Tribes with primary enforcement responsibility to report compliance monitoring data (CMD) to the EPA. The revisions will improve the readability, clarity, and understandability of CCRs as well as the accuracy of the information presented, improve risk communication in CCRs, incorporate electronic delivery options, provide supplemental information regarding lead levels and control efforts, and require systems who serve 10,000 or more persons to provide CCRs to customers biannually (twice per year). The final rule requirements for States to submit to the EPA CMD for all National Primary Drinking Water Regulations (NPDWRs) will improve the EPA's ability to fulfill oversight responsibilities under the Safe Drinking Water Act (SDWA). This final rule is effective on 24 June 2024. Sarah Bradbury, Drinking Water Capacity and Compliance Division, Office of Ground Water and Drinking Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele:(202) 564-3116; email: bradbury.sarah@epa.gov. (Federal Register 24 May 2024 [Rule] Pages 45980-46014)
May 22, 2024
USFWS determine endangered species status under the ESA, as amended, for the dunes sagebrush lizard (Sceloporus arenicolus), a lizard species found only in southeastern New Mexico and west Texas. This rule extends the protections of the Act to this species. Because they have concluded that the designation of critical habitat for the dunes sagebrush lizard is prudent but not determinable at this time, they will consider critical habitat for the species in a separate, future rulemaking. This rule is effective 20 June 2024. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505-346-2525. (Federal Register 20 May 2024 [Rule] Pages 43748-43769)
OSHA is amending the Hazard Communication Standard (HCS) to conform to the United Nations' GHS, primarily Revision 7, address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners. Consistent with E.O. 13563 and the Regulatory Flexibility Act, which call for assessment and modification and improvement of existing rules, OSHA has reviewed the existing HCS. The agency has determined that the revisions in this final rule will enhance the effectiveness of the HCS by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, labeling small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets (SDSs), and related revisions to definitions of terms used in the standard. This final rule is effective 19 July 2024. POC is Tiffany DeFoe, Director, Office of Chemical Hazards--Metals, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; tele: (202) 693-1950; email: defoe.tiffany@dol.gov. (Federal Register 20 May 2024 [Rule] Pages 44144-44461)
The Environmental Protection Agency (EPA) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify seven per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 17 June 2024. POC is Harichandana Karne, Data Gathering, Management and Policy Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0595; email: karne.harichandana@epa.gov. (Federal Register 17 May 2024 [Rule] Pages 43331-43335)
May 21, 2024
EPA is amending requirements that apply to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule to ensure that reporting is based on empirical data, accurately reflects total methane emissions and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed under the Waste Emissions Charge. The EPA is also amending certain requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories of the Greenhouse Gas Reporting Rule to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities. This action also establishes and amends confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these amendments. This rule is effective 1 January 2025. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 343-9548; email address: GHGReporting@epa.gov. (Federal Register 14 May 2024 [Rule] Pages 42062-42327)
May 10, 2024
Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "Superfund"), the Environmental Protection Agency (EPA) is designating two per- and polyfluoroalkyl substances (PFAS)--perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers--as hazardous substances. The Agency reached this decision after evaluating the available scientific and technical information about PFOA and PFOS and determining that they may present a substantial danger to the public health or welfare or the environment when released. The Agency also determined that designation is warranted based on a totality of the circumstances analysis, including an analysis of the advantages and disadvantages of designation. This rule is effective 8 July 2024. POC is Sicy Jacob, Office of Emergency Management (5104A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-8019; email: jacob.sicy@epa.gov. (Federal Register 8 May 2024 [Rule] Pages 39124-39192)
The Environmental Protection Agency (EPA) is finalizing the technology reviews (TR) conducted for the national emission standards for hazardous air pollutants (NESHAP) for gasoline distribution facilities and the review of the new source performance standards (NSPS) for bulk gasoline terminals pursuant to the requirements of the Clean Air Act (CAA). The final NESHAP amendments include revised requirements for storage vessels, loading operations, and equipment to reflect cost-effective developments in practices, processes, or controls. The final NSPS reflect the best system of emission reduction for loading operations and equipment leaks. In addition, the EPA is: finalizing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM); adding requirements for electronic reporting; revising monitoring and operating requirements for control devices; and making other minor technical improvements. The EPA estimates that this final action will reduce hazardous air pollutant emissions from gasoline distribution facilities by over 2,200 tons per year (tpy) and volatile organic compound (VOC) emissions by 45,400 tpy. The final rule is effective 8 July 2024. POC is Ms. Jennifer Caparoso, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711; tele: (919) 541-4063; and email: caparoso.jennifer@epa.gov. (Federal Register 8 May 2024 [Rule] Pages 39304-39390)
The EPA is finalizing multiple actions under section 111 of the Clean Air Act (CAA) addressing greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs). First, the EPA is finalizing the repeal of the Affordable Clean Energy (ACE) Rule. Second, the EPA is finalizing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs. Third, the EPA is finalizing revisions to the New Source Performance Standards (NSPS) for GHG emissions from new and reconstructed fossil fuel-fired stationary combustion turbine EGUs. Fourth, the EPA is finalizing revisions to the NSPS for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. The EPA is not finalizing emission guidelines for GHG emissions from existing fossil fuel-fired stationary combustion turbines at this time; instead, the EPA intends to take further action on the proposed emission guidelines at a later date. This final rule is effective on 8 July 2024. POC is Lisa Thompson (she/her), Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, U.S. EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5158; and email address: thompson.lisa@epa.gov. (Federal Register 9 May 2024 [Rule] Pages 39798-40064)
EPA is finalizing a rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, among other things, prevent serious illness and death associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period where an industrial and commercial use of the chemical is being prohibited, provide a time-limited exemption for a critical or essential use of methylene chloride for which no technically and economically feasible safer alternative is available, and protect workers from the unreasonable risk of methylene chloride while on the job. This final rule is effective on 8 July 2024. POC is Ingrid Feustel, Existing Chemicals Risk Management Division (7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-3199; email: MethyleneChlorideTSCA@epa.gov. (Federal Register 8 May 2024 [Rule] Page 39254-39302)
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) source category. These final amendments are the result of the EPA's review of the 2020 Residual Risk and Technology Review (RTR). The changes, which were proposed under the technology review in April 2023, include amending the filterable particulate matter (fPM) surrogate emission standard for non-mercury metal hazardous air pollutants (HAP) for existing coal-fired EGUs, the fPM emission standard compliance demonstration requirements, and the mercury (Hg) emission standard for lignite-fired EGUs. Additionally, the EPA is finalizing a change to the definition of "startup." The EPA did not propose, and is not finalizing, any changes to the 2020 Residual Risk Review. This final rule is effective on 8 July 2024. POC is Sarah Benish, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-5620; and email:benish.sarah@epa.gov. (Federal Register 7 May 2024 [Rule] Pages 38508-38593)
May 08, 2024
EPA is correcting a final rule that appeared in the Federal Register on 14 July 2023, which added a diisononyl phthalates (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). However, the amendment could not be incorporated into the regulation due to an inaccurate amendatory instruction. This document corrects the amendatory instructions. Effective on 2 May 2024. POC is Rachel Dean, Data Collection Branch, Data Gathering, Management, and Policy Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email:dean.rachel@epa.gov. (Federal Register 2 May 2024 [Rule] Pages 35748-35754)
May 07, 2024
DOE is publishing a rule that establishes energy performance standards for the new construction and major renovation of Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the Energy Conservation and Production Act ("ECPA"), as amended by the Energy Independence and Security Act of 2007 ("EISA"). Consistent with the requirements of ECPA and EISA, DOE is establishing Federal building energy performance standards that require Federal agencies to reduce their use of on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of ECPA and EISA. This final rule also provides processes by which Federal agencies may petition DOE for a modification to the final standards. The effective date of this rule is 15 July 2024. POC is Mr. Rick Mears, U.S. Department of Energy, Office of the Under Secretary for Infrastructure, Federal Energy Management Program, FEMP-1, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: cer-information@hq.doe.gov. (Federal Register 1 May 2024 [Rule] Pages 35384-35439)
DOE is revising its NEPA implementing procedures (regulations) to add a categorical exclusion for certain energy storage systems and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE's NEPA regulations. These changes will help ensure that DOE conducts an appropriate and efficient environmental review of proposed projects that normally do not result in significant environmental impacts. This rule is effective 30 May 2024. POC is Ms. Carrie Abravanel, Deputy Director, Office of NEPA Policy and Compliance, at carrie.abravanel@hq.doe.gov or 202-586-4798. (Federal Register 30 April 2024 [Rule] Pages 34074-34094)
CEQ is finalizing its "Bipartisan Permitting Reform Implementation Rule" to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including the recent amendments to NEPA in the Fiscal Responsibility Act. CEQ is making these revisions to provide for an effective environmental review process; ensure full and fair public engagement; enhance efficiency and regulatory certainty; and promote sound Federal agency decision making that is grounded in science, including consideration of relevant environmental, climate change, and environmental justice effects. These changes are grounded in NEPA's statutory text and purpose, including making decisions informed by science; CEQ's extensive experience implementing NEPA; CEQ's perspective on how NEPA can best inform agency decision making; longstanding Federal agency experience and practice; and case law interpreting NEPA's requirements. The effective date is 1 July 2024. POC is Amy B. Coyle, Deputy General Counsel, 202-395-5750 and Amy.B.Coyle@ceq.eop.gov. (Federal Register 1 May 2024 [Rule] Pages 35442-35577)
Apr 26, 2024
In March 2023, EPA proposed and requested comment on the NPDWR and health-based Maximum Contaminant Level Goals (MCLGs) for six per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFHxS, PFNA, HFPO-DA, commonly known as GenX Chemicals, and PFBS. The EPA is finalizing NPDWRs for these six PFAS. Through this action, the EPA is finalizing MCLGs for PFOA and PFOS at zero. Considering feasibility, the EPA is promulgating individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4.0 nanograms per liter (ng/L) or parts per trillion (ppt). The EPA is also finalizing individual MCLGs and is promulgating individual MCLs for PFHxS, PFNA, and HFPO-DA at 10 ng/L. In addition to the individual MCLs for PFHxS, PFNA, and HFPO-DA, in consideration of the known toxic effects, dose additive health concerns and occurrence and likely co-occurrence in drinking water of these three PFAS, as well as PFBS, the EPA is finalizing a Hazard Index (HI) of 1 (unitless) as the MCLG and MCL for any mixture containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. Once fully implemented, the EPA estimates that the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. This final rule is effective on 25 June 2024. POC is Alexis Lan, tele 202-564-0841; email: PFASNPDWR@epa.gov. (Federal Register 26 April 2024 [Rule] Pages 32532-32757)
The EPA is amending specific provisions in the Greenhouse Gas Reporting Rule to improve data quality and consistency. This action updates the General Provisions to reflect revised global warming potentials; expands reporting to additional sectors; improves the calculation, recordkeeping, and reporting requirements by updating existing methodologies; improves data verifications; and provides for collection of additional data to better inform and be relevant to a wide variety of Clean Air Act provisions that the EPA carries out. This action adds greenhouse gas monitoring and reporting for five source categories. These revisions also include changes that will improve implementation of the rule such as updates to applicability estimation methodologies, simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. This rule is effective 1 January 2025. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460; tele: (202) 343-9548; email: GHGReporting@epa.gov. (Federal Register 25 April 2024 [Rule] Pages 31802-31959)
Apr 23, 2024
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. Rule is effective on 22 May 2024. POC is Ms. Jennifer Hawes, Procurement Analyst, at 202-255-9194 or by email at jennifer.hawes@gsa.gov. (Federal Register 22 April 2024 [Rule] Pages 30212-30250)
The EPA is promulgating new GHG emissions standards for model year (MY) 2032 and later heavy-duty highway vehicles that phase in starting early MY 2027 for certain vehicles. The phase revises certain MY 2027 GHG standards that were established previously under EPA's DHD Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2 rule. This document also updates elements of the Averaging Banking and Trading program, including providing flexibilities for manufacturers to support the implementation of the Phase 3 program balanced by limiting the availability of certain advanced technology credits initially established under the HD GHG Phase 2 rule. EPA is also adding warranty requirements for batteries and other components of zero-emission vehicles and requiring customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles. In this action, we are also finalizing additional revisions, including clarifying and editorial amendments to certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines. This final rule is effective on 21 June 2024. POC is Brian Nelson, Assessment and Standards Division, Office of Transportation and Air Quality, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: (734) 214-4278; email: nelson.brian@epa.gov. (Federal Register 22 April 2024 [Rule] Pages 29440-2983)
Under the CAA the EPA is establishing new, more protective emissions standards for criteria pollutants and GHG for light-duty vehicles and Class 2b and 3 ("medium-duty") vehicles that will phase-in over model years 2027 through 2032. In addition, EPA is finalizing GHG program revisions in several areas, including off-cycle and air conditioning credits, the treatment of upstream emissions associated with zero-emission vehicles and plug-in hybrid electric vehicles in compliance calculations, medium-duty vehicle incentive multipliers, and vehicle certification and compliance. EPA is also establishing new standards to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty electric and plug-in hybrid electric vehicles. EPA is also finalizing minor amendments to update program requirements related to aftermarket fuel conversions, importing vehicles and engines, evaporative emission test procedures, and test fuel specifications for measuring fuel economy. This final rule is effective on 17 June 2024. POC is Michael Safoutin, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: (734) 214-4348; email: safoutin.mike@epa.gov. (Federal Register 22 April 2024 [Rule] Pages 29440-2983)
Apr 19, 2024
On 31 August 2020, in accordance with requirements under the CAA, EPA performed a 5-year review of the Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) Units, which includes certain very small municipal waste combustion (VSMWC) and institutional waste incineration (IWI) units. In the same action, the EPA proposed to remove the title V permitting requirements for air curtain incinerators (ACI) that burn only wood waste, clean lumber, yard waste, or a mixture of these three types of waste. In response to supportive comments received on the August 2020 proposal, this action is finalizing, as proposed, to remove the title V permitting requirements for ACIs that only burn wood waste, clean lumber, yard waste, or a mixture of those, and are not located at title V major sources or subject to title V for other reasons. The EPA is finalizing this proposed action now to simplify the compliance obligations for owners and operators of these types of units. The effective date of this rule is 17 April 2024. POC is Noel Cope, Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-2128; email: cope.noel@epa.gov. (Federal Register 17 April 2024 [Rule] pages 27392-27397)
Apr 16, 2024
EPA is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The Clean Water Act requires the EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. The EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods will incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. As such, the EPA expects that these changes will not result in any negative economic impacts. This final rule is effective on 17 June 2024. POC is Tracy Bone, Engineering and Analysis Division, Office of Water (4303T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001; tele: 202-564-5257; email: bone.tracy@epa.gov. (Federal Register 16 April 2024 [Rule] Pages 27288-27327)
Apr 08, 2024
USFWS and the NMFS finalize revisions to portions of our regulations that implement section 4 of the ESA. The revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants (Lists) and designating critical habitat. This final rule is effective 6 May 2024. POC is Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tele 703-358-1954. (Federal Register 5 April 2024 [Rule] Pages 24300-24335)
USFWS revise their regulations concerning protections of endangered species and threatened species under the ESA. They reinstate the general application of the "blanket rule" option for protecting newly listed threatened species pursuant to section 4(d) of the Act, with the continued option to promulgate species-specific section 4(d) rules. They also extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of the Service and other Federal and State agencies to aid, salvage, or dispose of threatened species. They also make minor changes to clarify or correct the existing regulations for endangered species and threatened species; these minor changes do not alter the substance or scope of the regulations. This final rule is effective 6 May 2024. POC is Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tele 703-358-1954. (Federal Register 5 April 2024 [Rule] Pages 23919-23941)
Apr 05, 2024
This action finalizes the residual RTR conducted for the Commercial Sterilization Facilities source category regulated under NESHAP under the CAA. The EPA is finalizing decisions concerning the RTR, including definitions for affected sources, emission standards for previously unregulated sources, amendments pursuant to the risk review to address ethylene oxide (EtO) emissions from certain sterilization chamber vents (SCVs), aeration room vents (ARVs), chamber exhaust vents (CEVs), and room air emissions, and amendments pursuant to the technology review for certain SCVs and ARVs. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of SSM, including removing exemptions for periods of SSM. We are also taking final action to require owners and operators to demonstrate compliance through the use of EtO CEMS, with exceptions for very small users of EtO; add provisions for electronic reporting of performance test results and other reports; and include other technical revisions to improve consistency and clarity. We estimate that these final amendments will reduce EtO emissions from this source category by approximately 21 tons per year (tpy). This final rule is effective on 5 April 2024. POC is Jonathan Witt, tele: (919) 541-5645 and email:witt.jon@epa.gov. (Federal Register 5 April 2024 [Rule] Pages 24090-24203)
Apr 04, 2024
EPA finalized the residual risk and technology review (RTR) conducted for the Ethylene Production source category, which is part of the Generic Maximum Achievable Control Technology Standards NESHAP. Amendments to the Petroleum Refinery Sector NESHAP were most recently finalized on 4 February 2020. Subsequently, the EPA received and granted various petitions for reconsideration on these NESHAP for, among other things, the provisions related to the work practice standards for pressure relief devices (PRDs), emergency flaring, and degassing of floating roof storage vessels. This action finalizes proposed amendments to remove the force majeure exemption for PRDs and emergency flaring, incorporate clarifications for the degassing requirements for floating roof storage vessels, and address other corrections and clarifications. This final action is effective on 4 April 2024. POC is Michael Cantoni, Sector Policies and Programs Division, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; tele: (919) 541-5593; and email: cantoni.michael@epa.gov. (Federal Register 4 April 2024 [Rule] Pages 23840-23873)
Apr 03, 2024
EPA is requesting comments to assist in the potential development of regulations for the manufacture (including importing), processing, and distribution in commerce of lead for wheel-balancing weights ("lead wheel weights") under the TSCA. To inform this consideration, EPA is requesting comment from all stakeholders on the use and exposure to lead from the manufacture (including importing), processing (including recycling), distribution, use, and disposal of lead wheel weights, as well as information on their substitutes, to help determine if there is unreasonable risk to human health and the environment associated with this use. This action is relevant to a petition for a writ of mandamus filed in August 2023, by the Ecology Center, Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and Sierra Club in the United States Court of Appeals for the Ninth Circuit requesting the court to direct EPA to conduct a rulemaking regulating lead wheel weights under TSCA. This final rule is effective 3 May 2024. POC is Sofie Sonner, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 565-2414; email: sonner.sofie@epa.gov. (Federal Register 3 April 2024 [Rule] Pages 22972-22974) (Federal Register 3 April 2024 [Rule] Pages 22972-22974)
This final rule makes non-substantive, technical, organizational, and conforming amendments to existing Coast Guard regulations. This final rule is a continuation of our practice of periodically issuing rules to keep our regulations up-to-date and accurate. This final rule will have no substantive effect on the regulated public. This final rule is effective 3 April 2024. POC is Dale Murad, Coast Guard; telephone 202-372-3747, email Dale.Murad@uscg.mil. (Federal Register 3 April 2024 [Rule] Pages 22942-22949)
Apr 01, 2024
USFWS are revising the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the ESA. The purposes are threefold: To increase protection for African elephants in light of the recent rise in international trade of live African elephants by establishing ESA enhancement permit requirements for international trade in live elephants and specific enhancement requirements for the import of wild-sourced elephants, as well as requirements to ensure that all proposed recipients of live African elephants are suitably equipped to house and care for them; to clarify the existing enhancement requirement during our evaluation of an application for a permit to import African elephant sport-hunted trophies; and to incorporate a Party's designation under the CITES National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory and sport-hunted trophies. Amendments to the section 4(d) regulations in 2016 prohibited the import and export of African elephant ivory with limited exceptions. This rule is effective 1 May 2024. POC is Mary Cogliano, Division of Management Authority; USFWS; 5275 Leesburg Pike, MS: IA; Falls Church, VA 22041 (telephone (703) 358-2104). (Federal Register 1 April 2024 [Rule] Pages 22522-22555)
Mar 29, 2024
The EPA is finalizing facility response plan requirements for worst case discharges of CWA hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone. This final rule is effective on 28 May 2024. POC is Rebecca Broussard, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-6706; email: broussard.rebecca@epa.gov. (Federal Register 28 March 2024 [Rule] Pages 21924-24967)
The EPA is issuing this final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. The injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation exposure to chrysotile asbestos. This final rule is effective on 28 May 2024. POC is Peter Gimlin, Existing Chemicals Risk Management Division (7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0515; email: gimlin.peter@epa.gov. (Federal Register 28 March 2024 [Rule] Pages 21970-22010)
Mar 15, 2024
The Environmental Protection Agency (EPA) is amending its Risk Management Program (RMP) regulations as a result of Agency review. The revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. As major and other serious and concerning RMP accidents continue to occur, the record shows and EPA believes that this final rule will help further protect human health and the environment from chemical hazards through advancement of process safety based on lessons learned. These amendments seek to improve chemical process safety; assist in planning, preparedness, and response to Risk Management Program-reportable accidents; and improve public awareness of chemical hazards at regulated sources. While many of the provisions of this final rule reinforce each other, it is EPA's intent that each one is merited on its own, and thus severable. This rule is effective 10 May 2024. POC is Deanne Gant, Office of Emergency Management, EPA, 1200 Pennsylvania Avenue NW Washington, DC 20460; tele: 202-564-1096; email: grant.deanne@epa.gov. (Federal Register 11 March 2024 [Rule] Pages 17622-17692)
Mar 13, 2024
USFWS designate critical habitat for the Florida bonneted bat (Eumops floridanus) under the ESA. In total, approximately 1,160,625 acres (469,688 hectares) in 13 Florida counties fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to this species' critical habitat. This rule is effective 8 April 2024. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tele (352) 749–2462. (Federal Register 7 March 2023 [Rule] Pages 16624-16681)
Mar 06, 2024
Based on the Environmental Protection Agency's (EPA's) reconsideration of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is revising the primary annual PM2.5 standard by lowering the level from 12.0 µg/m3 to 9.0 µg/m3. The Agency is retaining the current primary 24-hour PM2.5 standard and the primary 24-hour PM10 standard. The Agency also is not changing the secondary 24-hour PM2.5 standard, secondary annual PM2.5 standard, and secondary 24-hour PM10 standard at this time. The EPA is also finalizing revisions to other key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. This final rule is effective 6 May 2024. POC is Dr. Lars Perlmutt, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S. EPA, Mail Code C539–04, Research Triangle Park, NC 27711; tele: (919) 541–3037; email: perlmutt.lars@epa.gov. (Federal Register 6 March 2024 [Rule] Pages 16202-16406)
Mar 05, 2024
USFWS is removing the Florida golden aster (Chrysopsis floridana), a short-lived perennial, from the Federal List of Endangered and Threatened Plants (List) due to recovery. Their review indicates that the threats to the species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of an endangered or threatened species under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 4 April 2024.POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Jacksonville, FL 32256; tele 904–731–3336. (Federal Register 5 March 2024 [Rule] Pages 15763-15779)
Mar 04, 2024
PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials. This final rule is effective on 3 April 2024. POC is Steven Andrews, 202–366–8553, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590–0001. (Federal Register 4 March 2024 [Rule] Pages 15636-15668)
Feb 21, 2024
NMFS is issuing a final rule to list the Atlantic humpback dolphin (Sousa teuszii) as endangered under ESA, in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita. They have reviewed the status of the Atlantic humpback dolphin, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since publication of the proposed rule. Based on all of this information, they have determined that the Atlantic humpback dolphin warrants listing as an endangered species. They will not designate critical habitat for this species, because the geographical areas occupied by this species are entirely outside U.S. jurisdiction. This final rule is effective 22 March 2024. POC is Heather Austin, NMFS Office of Protected Resources, Heather.Austin@noaa.gov, 301–427–8422. (Federal Register 21 February 2024 [Rule] Pages 12980-12986)
Feb 15, 2024
USFWS determine threatened species status under the ESA, for a subspecies of butterfly (Speyeria nokomis nokomis), a silverspot butterfly from Colorado, New Mexico, and Utah. They also finalized a rule issued under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. They have determined that the designation of critical habitat is not prudent. This rule is effective 18 March 2024. POC is Nathan Darnall, Western Colorado Supervisor, USFWS, Colorado Ecological Services Field Office, 445 West Gunnison Avenue, Grand Junction, CO 81501; tele 970–628–7181. (Federal Register 15 February 2024 [Rule] Pages 11750-11772)
Feb 14, 2024
NMFS are listing the queen conch (Aliger gigas, formerly known as Strombus gigas) as a threatened species under the ESA. They have completed a review of the status of queen conch, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since the publication of the proposed rule. Based on all of this information, they determined that the queen conch is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. Thus, they are listing the queen conch as a threatened species under the ESA. At this time, they conclude that critical habitat is not yet determinable because data sufficient to perform the required analysis are lacking; any critical habitat designation would be proposed in a separate, future rulemaking. This final rule is effective on 15 March 2024. Orian Tzadik, NMFS Southeast Regional Office, (813) 906–0353–C; or Orian.Tzadik@noaa.gov. (Federal Register 14 February 2024 [Rule] Pages 11208-11226)
Jan 31, 2024
This action announces the Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 93 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 30 January 2024. POC is Teresa Wells, Technical Support Branch, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, OH 45268; tele: (513) 569–7128; email: wells.teresa@epa.gov. (Federal Register 30 January 2024 [Rule] Pages 5773-5794)
Jan 02, 2024
NMFS, designate critical habitat for the threatened Nassau grouper (Epinephelus striatus) pursuant to section 4 of the ESA. Specific areas designated as critical habitat contain approximately 2,384.67 sq. kilometers (km) (920.73 sq. miles) of aquatic habitat located in waters off the coasts of southeastern Florida, Puerto Rico, Navassa, and the United States Virgin Islands (USVI). They have considered positive and negative economic, national security, and other relevant impacts of the critical habitat designation, as well as all public comments that were received. This rule becomes effective 1 February 2024. POC is Orian Tzadik, NMFS Southeast Region, Orian.Tzadik@noaa.gov, 813–906–0353. (Federal Register 2 January 2024 [Final] pages 126-176)
Dec 28, 2023
The U.S. Fish and Wildlife Service (Service) determines endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the black-capped petrel ( Pterodroma hasitata), a pelagic seabird species that nests on the island of Hispaniola and spends the rest of its life at sea. The species forages in high concentration off the coast of North Carolina; however, the marine range extends across much of the western Atlantic (Nova Scotia to Venezuela) and into the Caribbean Sea and northern Gulf of Mexico. This rule extends the protections of the Act to the black-capped petrel. This rule is effective 29 January 2024. POC is Jose Cruz-Burgos, Fish and Wildlife Biologist, USFWS, Caribbean Ecological Services Field Office, tele: 786-244-0081 email: Caribbean_es@fws.gov. (Federal Register 28 December 2023 [Rule] Pages 89611-89626)
Dec 06, 2023
Because the EPA received adverse comment on eight amendments in the direct final rule published on 9 August 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule. This correction is effective 7 December 2023. POC is Brian Knieser, EPA, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov). (Federal Register 6 December 2023 [Rule] Pages 84710-84713)
Dec 01, 2023
USFWS determine threatened species status under the ESA, for the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States. This rule adds the contiguous U.S. DPS of the North American wolverine to the Federal List of Endangered and Threatened Wildlife. They are also issuing an interim rule under the authority of section 4(d) of the Act (an "interim 4(d) rule") that provides the prohibitions, and exceptions to those prohibitions, necessary and advisable for the conservation of the contiguous U.S. DPS of the North American wolverine. This rule is effective 2 January 2024. POC is Jodi Bush, USFWS, Pacific Region, 911 NE 11th Ave., Portland, OR 97232; tele: (503) 231–6131. (Federal Register 30 November 2023 [Rule] Pages 83726-83772)
Nov 29, 2023
EPA is finalizing amendments to the NSPS for secondary lead smelters pursuant to the periodic review required by the CAA. Specifically, the EPA is finalizing revisions to the NSPS that applies to affected secondary lead smelters constructed, reconstructed, or modified after 1 December 2022 (NSPS subpart La). The EPA is also finalizing amendments to the NSPS for secondary lead smelters constructed, reconstructed, or modified after 11 June 1973, and on or before 1 December 2022, (NSPS subpart L). In addition, we are finalizing the use of EPA Method 22 (Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares) as an alternative for demonstrating compliance with the opacity limit. This final rule is effective on 20 November 2023. POC is Amber Wright, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541–4680; email: wright.amber@epa.gov. (Federal Register 20 November 2023 [Rule] Pages 80594-80617)
Nov 08, 2023
USFWS establish a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado, under the ESA. The State of Colorado (Colorado Parks and Wildlife or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP provides for allowable, legal, purposeful, and incidental taking of the gray wolf within a defined NEP area while concurrently providing for the conservation of the species. The geographic boundary of the NEP is the entire State of Colorado. The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species. This rule is effective 8 December 2023. POC is Liisa Niva, Acting Field Supervisor, U.S. Fish and Wildlife Service, Colorado Ecological Services Field Office, 134 Union Boulevard, Suite 670, Lakewood, CO 80228; tele 303–236–4773. (Federal Registration 8 November 2023 [Rule] Pages 77014-77039)
USFWS are removing the plants island bedstraw (Galium buxifolium) and Santa Cruz Island dudleya (Dudleya nesiotica) from the Federal List of Endangered and Threatened Plants on the basis of recovery. Both of these native plant species occur in the Channel Islands National Park off the coast of California. This final rule is based on their review of the best available scientific and commercial data, which indicates that the threats to island bedstraw and Santa Cruz Island dudleya have been eliminated or reduced to the point that these species have recovered and no longer meet the definition of an endangered or threatened species under the ESA. This rule is effective 7 December 2023. POC is Stephen P. Henry, Field Supervisor, USFWS, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; tele 805–644–1766. (Federal Register 7 November 2023 [Rule] Pages 76679-76696)
Nov 03, 2023
USFWS are issuing this final rule to comply with a district court order that vacated their 3 November 2020, rule removing the gray wolf (Canis lupus) from the ESA. As a result of the court's order, the regulatory protections under the ESA, apply to the gray wolf in all or portions of the 45 U.S. States and Mexico where the species was listed at the time they issued the delisting rule. The court order went into effect on 10 February 2022. Thus, this final rule implements the court's order by correcting the CFR and officially reinstating threatened status for gray wolf in Minnesota; endangered status for gray wolf in all or portions of the remaining 44 U.S. States and Mexico where the species was listed prior to our November 2020 delisting rule; critical habitat for gray wolf in Minnesota and Michigan; and the rule promulgated under section 4(d) of the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, Wyoming, the eastern third of Washington and Oregon, and north-central Utah (collectively, the Northern Rocky Mountains) retain their delisted status and are not affected by this final rule. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. This action is effective 3 November 2023. POC is Rachel London , USFWS, Headquarters Office, MS:ES, 5275, Leesburg Pike, Falls Church, VA 22041–3803; tele (703) 358–2491.
Nov 01, 2023
USFWS are reclassifying Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the ESA. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species. This rule is effective 1 December 2023. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (786) 244–0081. (Federal Register 1 November 2023 [Rule] Pages 74890-74907)
Oct 31, 2023
EPA is adding PFAS subject to reporting under the EPCRA and the PPA pursuant to the NDAA to the list of Lower Thresholds for Chemicals of Special Concern. These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern. Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. EPA is removing the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any TRI reporting obligations. This final rule is effective 30 November 2023 and shall apply for the reporting year beginning 1 January 2024 (reports due 1 July 2025). POC is Daniel R. Ruedy, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 564–7974; email: ruedy.daniel@epa.gov. (Federal Register 31 October 2023 [Rule] 74360-74368)
Oct 30, 2023
EPA is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking restricts the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establishes a process for submitting technology transitions petitions; establishes recordkeeping and reporting requirements; and addresses certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. These restrictions on the use of hydrofluorocarbons address petitions granted on 7 October 2021, and 19 September 2022. This rule is effective 26 December 2023. POC is Allison Cain, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–564–1566; email:cain.allison@epa.gov. (Federal Register 24 October 2023 [Rule] Pages 73098-73212) (Federal Register 24 October 2023 [Rule] Pages 73098-73212)
Oct 25, 2023
In this action, the Administrator finds that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of the Clean Air Act. The Administrator also finds that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under the Clean Air Act. These findings are effective on 20 November 2023. POC is Ken Davidson, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency; tele: (415) 972–3633; email: davidson.ken@epa.gov. (Federal Register 20 October 2023 [Rule] Pages 72372-72404)
Oct 17, 2023
USFWS removing 21 species from the Federal List of Endangered and Threatened Wildlife due to extinction. This action is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the ESA. Check the federal register for list of delisted species and associated POCs. This rule is effective 16 November 2023. (Federal Register 17 October 2023 [Rule] Pages 71644-71682)
USFWS are removing Nelson's checker-mallow (Sidalcea nelsoniana) from the Federal List of Endangered and Threatened Plants. Our review of the best available scientific and commercial data indicates that the threats to Nelson's checker-mallow have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. This rule is effective 16 November 2023. POC is Kessina Lee, Project Leader, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Ave., Suite 100, Portland, OR 97266; tele: 503–231–6179. (Federal Register 17 October 2023 [Rule] Pages 71491-71504)
Oct 12, 2023
In this final action, the EPA is amending its reformulated gasoline (RFG) regulations to reflect the reclassification of several ozone nonattainment areas as Severe for the 2008 ozone national ambient air quality standard (NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas), the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and the Eastern Kern County, CA area (Eastern Kern). The reclassification of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was effective on November 7, 2022, and results in the prohibition of the sale of conventional gasoline throughout the entire nonattainment area under the Clean Air Act (CAA) on 7 November 2023. Similarly, the reclassification of the Eastern Kern area was effective on 7 July 2021, and the Federal RFG requirement applied to the area on 7 July 2022. This final rule is effective 13 November 2023. POC is Mark Coryell, Office of Transportation and Air Quality, EPA, 2000 Traverwood, Ann Arbor, MI 48105; email: coryell.mark@epa.gov. (Federal Register 12 October 2023 [Rule] Pages 70602-70605)
Oct 11, 2023
The EPA is finalizing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA is requiring persons that manufacture (including import) or have manufactured these chemical substances in any year since 1 January 2011, to submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects. In addition to fulfilling statutory obligations under TSCA, this rule will enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States. This final rule is effective on 13 November 2023. POC is Alie Muneer, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 564–6369; email: muneer.alie@epa.gov. (Federal Register 11 October 2023 [Rule] Pages 70516-70559) .
Oct 05, 2023
USFWS determine endangered species status under the ESA for the Lassics lupine (Lupinus constancei), a plant species native to northern California. They also designated critical habitat for the species. In total, approximately 512 acres (207 hectares) in Humboldt and Trinity Counties, California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 6 November 2023. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707–822–7201. (Federal Register 5 October 2023 [Rule] Pages 69074-69098)
USFWS are revising the regulations for the nonessential experimental population of the black-footed ferret (Mustela nigripes; ferret) in Arizona. They established the Aubrey Valley Experimental Population Area (AVEPA) in 1996 in accordance with section 10(j) of the ESA. This rule allows the introduction of ferrets across a larger landscape as part of a nonessential experimental population and includes the AVEPA within a larger "Southwest Experimental Population Area" (SWEPA), which includes parts of Arizona and identified contiguous Tribal lands in New Mexico and Utah. This revision provides a framework for establishing and managing reintroduced populations of ferrets that will allow greater management flexibility and increased landowner and manager cooperation. The best available data indicate that additional reintroductions of the ferret into more widely distributed habitat in the SWEPA is feasible and will promote the conservation of the species. This rule is effective 6 November 2023. POC is Heather Whitlaw, Field Supervisor, Phone: 602–242–0210. Direct all questions or requests for additional information to: BLACK-FOOTED FERRET QUESTIONS, U.S. Fish and Wildlife Service, Arizona Ecological Services Office, 9828 North 31st Avenue, Suite C3, Phoenix, AZ 85051. (Federal Register 5 October 2023 [Rule] Pages 69045-69073)
Sep 27, 2023
Following careful reconsideration of the water quality certification rule the EPA is finalizing a rule revising and replacing the 2020 regulatory requirements for water quality certification under CWA section 401. This final rule updates the existing regulations to better align with the statutory text and purpose of the CWA; to clarify, reinforce, and provide a measure of consistency with elements of section 401 certification practice that have evolved over the more than 50 years since EPA first promulgated water quality certification regulations; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. An Executive order signed on January 20, 2021, entitled "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," directed the Agency to review the water quality certification rule EPA promulgated in 2020, and this final rule culminates that review. The Agency is also finalizing conforming amendments to the water quality certification regulations for EPA-issued NPDES permits. This action is effective on 27 November 2023. POC is Lauren Kasparek, Office of Water (4504–T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202–564–3351; email: cwa401@epa.gov. (Federal Register 27 September 2023 [Final] Pages 66558-66666)
USFWS reclassify the relict darter (Etheostoma chienense) from endangered to threatened under the ESA. The relict darter is a fish species that occupies the Bayou de Chien stream system in western Kentucky. This action is based on a thorough review of the best available scientific and commercial information, which indicates that relict darter is not currently in danger of extinction throughout all or a significant portion of its range, but it is still likely to become so in the foreseeable future. They are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the relict darter. This rule is effective 27 October 2023. POC is Lee Andrews, Field Supervisor, USFWS, Kentucky Ecological Services Field Office, 330 West Broadway, Suite 265, Frankfort, KY 40601; tele 502–695–0468. (Federal Register 27 September 2023 [Rule] Pages 66280-66296)
Sep 11, 2023
The Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") are amending the Code of Federal Regulations (CFR) to conform the definition of "waters of the United States" to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of "waters of the United States" that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision. This final rule is effective on 8 September 2023. POC is Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564–2281; email: CWAwotus@epa.gov. citation(Federal Register 8 September 2023 [Rule] Pages 61964-61969)
Sep 01, 2023
PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on 24 July 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or 30 June 2025. This final rule is effective on 31 October 2023. POC is Alexander Wolcott, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, (202) 366–8553, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. (Federal Register 31 October 2023 [Rule] Pages 60356-60375)
Aug 31, 2023
EPA is finalizing an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste under implementing regulations for PCB-related authority in the TSCA. These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. EPA is finalizing several other amendments to the PCB regulations, including the amendment of the performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations; harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations. This rule is effective 26 February 2024. POC is Jennifer McLeod, Program Implementation and Information Division, Office of Resource Conservation and Recovery, (202) 566–0384; email address: mcleod.jennifer@epa.gov. (Federal Register 29 August 2023 [Rule] Pages 59662-59696)
NMFS, designate and authorize the release of nonessential experimental populations (NEPs or experimental populations) of Sacramento River (SR) winter-run Chinook salmon (Oncorhynchus tshawytscha) and Central Valley (CV) spring-run Chinook salmon (O. tshawytscha) in the McCloud and Upper Sacramento Rivers upstream of Shasta Dam (the NEP Area), California, and, under the ESA, establish a limited set of take exceptions for the experimental populations. Successful reintroduction of populations within the species' historical ranges will contribute to viability and further conservation of these species. The issuance of limited protective regulations for the conservation of these species will provide assurances regarding the regulatory provisions of the ESA as they apply to SR winter-run and CV spring-run Chinook salmon to the people in the Upper Sacramento River and McCloud River watersheds. This final rule also announces the availability of a final environmental assessment (EA) that analyzed the environmental impacts of promulgating the experimental population rule and associated take exceptions. The final rule is effective 27 September 2023. POC is Steve Edmondson, steve.edmondson@noaa.gov or by phone at (916) 930–3600, or by mail at National Marine Fisheries Service, 650 Capitol Mall, Suite 5–100, Sacramento, CA 95814. (Federal Register 28 August 2023 [Rule] Pages 58511-58521)
USFWS determine endangered status for two distinct population segments (DPSs) and threatened status for two DPSs of the foothill yellow-legged frog (Rana boylii), a stream-dwelling amphibian from Oregon and California. After review of the best scientific and commercial information available, they have determined endangered status for the South Sierra and South Coast DPSs and threatened status for the North Feather and Central Coast DPSs of the foothill yellow-legged frog under the ESA. This rule adds the four DPSs to the List of Endangered and Threatened Wildlife and extends the Act's protections to these DPSs. They also finalize rules under the authority of section 4(d) of the Act for the North Feather and Central Coast DPSs that provide measures that are necessary and advisable to provide for the conservation of these two DPSs. They have determined that designation of critical habitat for the four DPSs is not determinable at this time. This rule is effective 28 September 2023. POC is Michael Fris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele: 916–414–6700. (Federal Register 29 August 2023 [Rule] Pages 59698-59727)
Aug 29, 2023
USFWS list the sand dune phacelia (Phacelia argentea), a plant species from coastal southern Oregon and northern California, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for the species under the Act. In total, approximately 180.8 acres (73.2 hectares) within 13 units in Coos and Curry Counties in Oregon, and Del Norte County in California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 21 September 2023. POC is Kessina Lee, State Supervisor, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tele (503) 231–6988. (Federal Register 22 August 2023 [Rule] Pages 57180-57222)
Aug 09, 2023
NMFS designated critical habitat for five threatened Caribbean coral species, Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox, pursuant to section 4 of the ESA. Twenty-eight mostly overlapping specific occupied areas containing physical features essential to the conservation of these coral species are designated as critical habitat. These areas contain approximately 16,830 square kilometers (km2; 6,500 square miles (mi2)) of marine habitat. They have considered economic, national security, and other relevant impacts of designating these areas as critical habitat, and we exclude one area from the designations due to anticipated impacts on national security. This rule becomes effective 8 September 2023. POC is Jennifer Moore, NMFS, SERO, 727–824–5312, Jennifer.Moore@noaa.gov. (Federal Register 9 August 2023 [Rule] Pages 54026-54083)
EPA is taking direct final action on a number of technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This rule also makes other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. Examples of the types of corrections being made in this rule include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. This rule is effective on 7 December 2023, without further notice unless the EPA receives adverse comment by 10 October 2023. POC is Brian Knieser, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov) (Federal Register 9 August 2023 [Rule] Pages 54086-54115)
Jul 31, 2023
The U.S. Fish and Wildlife Service (Service), revise the List of Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species and changing names to conform to accepted use by the scientific community. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to reflect currently accepted taxonomy and nomenclature. The net increase of 13 species (16 added and 3 removed) brings the total number of species protected by the MBTA to 1,106. They also revise the scientific name of a species subject to specific migratory-bird-permit regulations and revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. This rule is effective 30 August 2023. POC is Eric Kershner, tele 703-358-2376 or Elizabeth Maclin, tele 703-358-2646. (Federal Register 31 July 2023 [Final Rules] Pages 49310-49355)
Jul 21, 2023
The U.S. Fish and Wildlife Service (Service) determined threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the cactus ferruginous pygmy-owl ( Glaucidium brasilianum cactorum), a bird subspecies found in Mexico, southern Arizona, and southern Texas. This rule adds the subspecies to the List of Endangered and Threatened Wildlife. The Service also finalizes a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. They concluded that designation of critical habitat is prudent and determinable at this time. Critical habitat will be proposed in a separate rule-making. This rule is effective August 21, 2023. POC is Heather Whitlaw, USFWS, 9828 N 31st Ave., Phoenix, AZ 85051; tele 602–242–0210. (Federal Register 20 July 2023 [Final Rule] Pages 46910-46950)
EPA is removing the "emergency" affirmative defense provisions from the EPA's title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions are being removed because they are inconsistent with the EPA's interpretation of the enforcement structure of the CAA in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. Through this document, the EPA is also providing guidance on the implementation process resulting from the removal of the emergency affirmative defense provisions from the EPA's regulations, including the need for some state, local, and tribal permitting authorities to submit program revisions to the EPA to remove similar title V affirmative defense provisions from their EPA-approved title V programs, and to remove similar provisions from individual operating permits. This final rule is effective on 21 August 2023. POC is Corey Sugerik, Office of Air Quality Planning and Standards, Air Quality Policy Division (C504–05), EPA tele (919) 541–3223; email sugerik.corey@epa.gov.(Federal Register 21 July 2023 [Final Rule] Page 47029-47054)
Jul 20, 2023
EPA is amending existing regulations to implement certain provisions of the American Innovation and Manufacturing Act. This rule establishes the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also amending the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including to: codify the existing approach of how allowances must be expended for import of regulated substances, revise recordkeeping and reporting requirements, and implement other modifications to the existing regulations. This final rule is effective on 18 September 2023, except for amendatory instructions 3 and 13, which are effective 1 October 2024. POC is John Feather, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202–564–1230; or email: feather.john@epa.gov. (Federal Register 20 July 2023 [Rule] Pages 468336-46898)
Jul 19, 2023
EPA is adding a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). In this action, EPA is adding the DINP category to the toxic chemical list as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. The DINP category meets the EPCRA chronic human health effects toxicity criterion because the members of the category can reasonably be anticipated to cause serious or irreversible reproductive dysfunctions as well as other serious or irreversible chronic health effects in humans, specifically, developmental, kidney, and liver toxicity. The final rule is effective on 12 September 2023. POC is Rachel Dean, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 566–1303; email: dean.rachel@epa.gov. (Federal Register 14 July 2023 [Rule] Pages 45089-45098)
The U.S. Environmental Protection Agency is taking final action to correct the production baseline to reflect corrected calculations for the phasedown of hydrofluorocarbons pursuant to the American Innovation and Manufacturing Act. This final rule is effective on 11 September 2023. POC is John Feather, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202–564–1230; or email: feather.john@epa.gov. (Federal Register 12 July 2023 [Rule] Pages 44220-44225)
Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action establishes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also establishes the second supplemental standard addressing the judicial remand of the 2016 standard-setting rulemaking. Finally, this action makes several regulatory changes to the RFS program, including changes related to the treatment of biogas and other modifications to improve the program's implementation. At this time EPA is not finalizing proposed provisions related to the generation of RINs from qualifying renewable electricity. This rule is effective on 11 September 2023, except for amendatory instruction 30, which is effective on 1 February 2024, and amendatory instructions 41 and 42, which are effective on 1 April 2024. POC is Dallas Burkholder, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734–214–4766; email: RFS-Rulemakings@epa.gov. (Federal Register 12 July 2023 [Rule] Pages 44468-44593)
Jun 29, 2023
USFWS are removing the Okaloosa darter (Etheostoma okaloosae) from the Federal List of Endangered and Threatened Wildlife (List) due to recovery. This final rule is based on a thorough review of the best available scientific and commercial information which indicates that the threats to the species have been eliminated or reduced to the point that the species is no longer in danger of extinction or likely to become in danger of extinction within the foreseeable future. Therefore, the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 28 July 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Jacksonville, FL 32256–7517; tele: 904–731–3134. (Federal Register 28 June 2023 [Rule] Pages 41835-41854)
Jun 27, 2023
In this candidate notice of review (CNOR), USFWS presented an updated list of species that we regard as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the ESA. This document includes their findings on resubmitted petitions and describes our progress in revising the Lists of Endangered and Threatened Wildlife and Plants (Lists) during the period 1 October 2021, through 30 September 2022. Combined with other decisions for individual species published separately from this CNOR in the past year, current number of species that are candidates for listing is 23 (as of 30 September 2022). Identification of candidate species can assist environmental planning efforts by providing advance notice of potential listings, allowing landowners and other stakeholders to take actions to alleviate threats and thereby possibly remove the need to list species as endangered or threatened. Even if they subsequently list a candidate species, the early notice provided here could result in more options for species management and recovery by prompting earlier candidate conservation measures. They will accept information on any of the species in this document at any time. POC is Caitlin Snyder, Chief, Branch of Domestic Listing, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803 tele: 703–358–2673. (Federal Register 27 June [Proposed Rule] Pages 41560-41585)
USFWS determined threatened species status under the ESA for the western fanshell (Cyprogenia aberti), a freshwater mussel species from Arkansas, Kansas, Missouri, and Oklahoma, and the "Ouachita" fanshell (Cyprogenia cf. aberti), a freshwater mussel species from Arkansas and Louisiana. They also designate critical habitat for both species. In total, approximately 261.4 river miles (420.7 kilometers) in Arkansas and Missouri fall within the boundaries of the critical habitat designation for western fanshell. In total, approximately 227.7 river miles (366.5 kilometers) in Arkansas fall within the boundaries of the critical habitat designation for "Ouachita" fanshell. In addition if finalized this rule under the authority of section 4(d) of the Act, provides measures that are necessary and advisable to provide for the conservation of these species. This rule extends the Act's protections to these species and their designated critical habitats. This rule is effective 27 July 2023. POC is John Weber, Field Supervisor, USFWS, Missouri Ecological Services Field Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203–0057; tele: 573–234–2132. (Federal Register 27 June 2023 [Rule] Pagefs 41724-41771)
Jun 26, 2023
The DOE has updated its organizational structure and changed certain titles and reporting duties within the Office of Environment, Health, Safety and Security. This final rule updates certain DOE health, safety and security regulations to reflect the new titles and organizational names. Additionally, the final rule makes further minor updates to these regulations to improve clarity and delete obsolete references. This rule is effective 26 June 2023. POC is Mr. James Dillard, DOE, Office of Environment, Health, Safety and Security, Mailstop EHSS–11, 1000 Independence Ave. SW, Washington, DC 20585, Tele: (301) 903–1165, or Email: james.dillard@hq.doe.gov. (Federal Register 26 June 2023 [Rule] Pages 41289-41295)
Jun 23, 2023
The Environmental Protection Agency (EPA) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 24 July 2023. POC is Brian Ventura, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 566–0897; email:ventura.brian@epa.gov. (Federal Register 23 June 2023 [Rule] Pages 41035-41039).
Jun 13, 2023
EPA is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. This action addresses the efficacy and toxicity of dispersants and other chemical and biological agents, as well as public, state, local, and federal officials' concerns regarding their use. This final rule is effective on 11 December 2023. POC is Gregory Wilson tele: 202–564–7989 and email: wilson.gregory@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 38280-38356)
EPA is finalizing clarifications to its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarifications in this final rule replace the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change allows NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This final rule is effective on 12 July 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20004; tele: (202) 564–7932; email:huddle.heather@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 37994-38000)
May 24, 2023
USFWS designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the ESA. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat. This rule is effective 22 June 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. (Federal Register 23 May 2023 [Rule] Pages 33194-33238)
May 12, 2023
USFWS are reclassifying Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA, and they finalize a rule under section 4(d) of the Act to promote the conservation of Furbish's lousewort. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the ESA. This rule is effective 9 June 2023. POC is Amanda Cross, Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tele 207–902–1567. (Federal Register 10 May 2023 [Rule] Pages 30047-30057)
May 04, 2023
USFWS finalized the designation of critical habitat for slickspot peppergrass (Lepidium papilliferum) under the ESA. In total, approximately 31,569 hectares (78,009 acres) in Ada, Elmore, Gem, Payette, and Owyhee Counties in Idaho fall within the boundaries of the final critical habitat designation. The effect of this final rule is to designate critical habitat for the slickspot peppergrass, which is a threatened species under the ESA. This rule is effective 5 June 2023. POC is Lisa Ellis, State Supervisor, USFWS, Idaho Fish and Wildlife Office, 1387 S Vinnell Way, Room 368, Boise, ID 83709; tel: 208–378–5243. (Federal Register 4 May 2023 [Rule] Pages 28874-28916).
Apr 28, 2023
USFWS determine endangered species status under the ESA for the South Llano springs moss (Donrichardsia macroneuron), an aquatic moss species from Edwards County, Texas. They are excluding the single unit of proposed critical habitat, and, therefore, no critical habitat is being designated for the South Llano springs moss. This rule adds the species to the List of Endangered and Threatened Plants and applies the protections of the Act to the species. This rule is effective 30 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele 512–937–7371. (Federal Register 27 April 2023 [Rule] Pages 25543-25557)
USFWS determined threatened species status under the ESA for the Big Creek crayfish (Faxonius peruncus) and the St. Francis River crayfish (Faxonius quadruncus), two crayfish species from southern Missouri. They also finalize a rule under the authority of section 4(d) of the Act that provides regulatory measures that are necessary and advisable to provide for the conservation of these species. In addition, they designate critical habitat for the species; in total, approximately 1,069 river miles (1,720 river kilometers) for the Big Creek crayfish and 1,043 river miles (1,679 river kilometers) for the St. Francis River crayfish in Iron, Madison, St. Francois, Washington, and Wayne Counties, Missouri, fall within the boundaries of the critical habitat designations. This rule applies the protections of the Act to these species and their designated critical habitats. This rule is effective 30 May 2023. POC is John Weber, Field Supervisor; USFWS; Missouri Ecological Services Field Office; 101 Park DeVille Drive, Suite A; Columbia, MO 65203–0057; tele: 573–234–2132. (Federal Register 27 April 2023 [Rule] Pages 25512-25542)
Apr 27, 2023
USFWS determine threatened species status under the ESA for the Wright's marsh thistle (Cirsium wrightii), a thistle species from New Mexico. They also designate critical habitat. In total, approximately 156.8 acres (63.4 hectares) in Chaves, Eddy, Guadalupe, Otero, and Socorro Counties, New Mexico, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. They also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 25 May 2023. POC is Shawn Sartorius, Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna Rd. NE, Albuquerque, NM 87113; tele 505–346–2525. (Federal Register 25 April 2023 [Rule] Pages 25208-25249) .
Apr 11, 2023
USFWS determine threatened species status under the ESA for the bracted twistflower (Streptanthus bracteatus), a plant species from Texas. In addition, they designate critical habitat for the bracted twistflower. In total, approximately 1,596 acres (646 hectares) in Uvalde, Medina, Bexar, and Travis Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. They also finalize a rule issued under the authority of section 4(d) of the Act (a "4(d) rule") that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 11 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele: 512–927–3500. (Federal Register 11 April 2023 [Rule] Pages 21844-21876).
Apr 07, 2023
USFWS designate critical habitat for the pearl darter (Percina aurora) under the ESA. In total, approximately 524 river miles (843 river kilometers) in Clarke, Covington, Forrest, George, Green, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the pearl darter under the Act. This rule is effective 8 May 2023. POC is James Austin, Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; tele: 601–321–1129. (Federal Register 6 April 2023 [Rule] Pages 20410-20430)
Apr 05, 2023
USFWS are releasing (meaning introducing) the Guam kingfisher (Todiramphus cinnamominus), known locally as the sihek, on Palmyra Atoll as an experimental population under the ESA. Currently, sihek exists only in captivity and has been extinct in the wild for more than 30 years. The introduction on Palmyra Atoll is outside sihek's historical range because its primary habitat within its native range on Guam has been indefinitely altered by the accidental introduction of the predatory brown treesnake (Boiga irregularis) in the mid-twentieth century. Tools to manage brown treesnakes at a landscape level are beginning to be deployed, but it will take time before these tools are effective. The introduction of sihek to Palmyra Atoll is not a permanent introduction that would support a self-sustaining population; it is intended to facilitate the gathering of information and analysis to optimize efforts for reestablishment of the species on Guam once brown treesnakes can be sufficiently controlled at a landscape scale. USFWS classify this population as a nonessential experimental population (NEP) under the ESA and provide regulations for the take of sihek within the NEP area. This final rule is effective 4 May 2023. POC is Megan Laut, Pacific Islands Fish and Wildlife Office, USFWS, 300 Ala Moana Blvd., Rm 3–122, Honolulu, HI 96850; tele 808–779–9939. (Federal Register 4 April 2023 [Rule] Pages 19880-19894)
Apr 03, 2023
USFWS determined threatened status under the ESA for the northern distinct population segment (DPS), of the southern subspecies of scarlet macaw (Ara macao macao). Scarlet macaws are brilliantly colored parrots native to Mexico and Central and South America. This action affirms the 2019 listing of the scarlet macaw under the Act. This determination is effective 30 March 2023. POC is Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803 tele: 703–358–2171. (Federal Register 3 April 2023 [Rule] Pages 19549-19559)
Mar 30, 2023
This action promulgates corrections and updates to regulations for source testing of emissions under various rules. This final rule includes corrections to typographical and technical errors, updates to outdated procedures, and revisions to add clarity and consistency with other monitoring requirements. The revisions will improve the quality of data but will not impose new substantive requirements on source owners or operators. This rule is effective on 30 May 2023. POC is Mrs. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tele: (919) 541-2910; email: melton.lula@epa.gov.(Federal Register 29 March 2023 [Rule] Pages 18396-18423)
USFWS are listing the Egyptian tortoise (Testudo kleinmanni; syn. Testudo werneri), a terrestrial tortoise from Libya, Egypt, and Israel, as a threatened species with a rule issued under section 4(d) of the ESA. The rule issued under section 4(d) of the Act provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 1 May 2023. POC is Bridget Fahey, Chief, Division of Conservation and Classification, Ecological Services, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; tele: 703–358–2171. (Federal Register 30 March 2023 [Rule] Pages 19004-19017).
Mar 21, 2023
USFWS determine endangered status under the ESA for the bog buck moth (Hemileuca maia menyanthevora) (=H. iroquois), a moth that occurs in Oswego County, New York, and Ontario, Canada. This rule adds the bog buck moth to the List of Endangered and Threatened Wildlife and applies the protections of the Act to this species. They have determined that designation of critical habitat for the bog buck moth is not prudent at this time. This rule is effective 14 April 2023. POC is Ian Drew, Acting Field Supervisor, USFWS, New York Field Office, 3817 Luker Road, Cortland, NY 13045; tele 607-753-9334. (Federal Register 15 March 2023 [Rule] Pages 15921-15938)
Mar 15, 2023
USFWS determined threatened species status under the ESA for the longsolid (Fusconaia subrotunda) and round hickorynut (Obovaria subrotunda), freshwater mussels. They also designate critical habitat for both species. For the longsolid, in total, approximately 1,115 river miles (1,794 river kilometers) fall within 12 units of critical habitat in Pennsylvania, Kentucky, West Virginia, Virginia, Tennessee, and Alabama. For the round hickorynut, in total, approximately 921 river miles (1,482 river kilometers) fall within 14 units of critical habitat in Pennsylvania, Ohio, Indiana, Kentucky, West Virginia, Tennessee, Alabama, and Mississippi. They also finalize a rule under the authority of section 4(d) of the Act for both species that provides measures that are necessary and advisable to provide for the conservation of these species. This rule is effective 10 April 2023. Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. (Federal Register: 9 March 2023 [Rule] Pages 14794-14869)
Mar 01, 2023
U.S. Fish and Wildlife Service (Service), are listing the prostrate milkweed (Asclepias prostrata), a plant species from Texas, as an endangered species and designating critical habitat under the ESA. They are designating approximately 661.0 acres (267.5 hectares) in Starr and Zapata Counties, Texas, as critical habitat for the prostrate milkweed under the Act. This rule adds this species to the List of Endangered and Threatened Plants and extends the Act's protections to the species and its designated critical habitat. This rule is effective 30 March 2023. POC is Chuck Ardizzone, Field Supervisor, Texas Coastal Ecological Services Field Office, 17629 El Camino Real Suite 211, Houston, TX 77058; tel 281-286-8282. (Federal Register 28 February 2023 [Rule] Pages 12572-12602)
Feb 24, 2023
The EPA is taking final action on the technology review conducted on the Miscellaneous Coating Manufacturing (MCM) source category regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP). These final amendments include provisions for inorganic hazardous air pollutant (HAP) standards for process vessels. This final rule is effective 22 February 2023. POC is Ms. Angie Carey, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; teler: (919) 541-2187 and email:carey.angela@epa.gov. (Federal Register 22 February 2023 [Rule] pages 10842-10851)
Feb 03, 2023
USFWS announces technical corrections for 62 wildlife and plant species under the ESA. These corrections include changes to scientific names of 11 wildlife species and 14 plant species due to taxonomic reclassification; changes to common names of 21 wildlife species and 13 plant species; and corrections to errors in scientific or common names, listing citations, or taxonomic heading placement for 4 wildlife species and 14 plant species. They are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants ("the Lists") to reflect the current scientifically accepted taxonomy and nomenclature of these species that occur in Idaho and the Pacific islands. This rule is effective 3 May 2023 without further action, unless significant adverse comment is received by 6 March 2023. POC is Marilet Zablan, Program Manager for Restoration and Endangered Species Classification, USFWS, Pacific Regional Office, Ecological Services, 911 NE 11th Avenue, Portland, OR 97232; tele 503-231-6131. (Federal Register 2 February 2023 [Rule] Pages 7134-7177)
Jan 31, 2023
USFWS is listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the ESA. This rule extends the Act's protections to the Sacramento Mountains checkerspot butterfly. They will propose the designation of critical habitat for the Sacramento Mountains checkerspot butterfly in a future rulemaking. This rule is effective 2 March 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505-346-2525. (Federal Register 31 January 2023 [Rule] Pages 6177-6191)
Jan 25, 2023
USFWS are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var.traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the ESA. Accordingly, the protections provided by the Act will no longer apply to these species. This rule is effective 24 February 2023. POC is Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; tele 760-431-9440. (Federal Register 25 January 2023 [Rule] Pages 4761-44792).
Jan 18, 2023
The EPA and the Department of the Army ("the agencies") are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States." This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. This action is effective on 20 March 2023. Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; teler: (202) 564-2281; email: CWAwotus@epa.gov. (Federal Register 18 January 2023 [Rule] Pages 3004-3144)
Jan 13, 2023
USFWS are reclassifying Fender's blue butterfly (Icaricia icarioides fenderi) from endangered to threatened under the ESA. Fender's blue butterfly is endemic to the Willamette Valley of Oregon. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species. This rule is effective 13 February 2023. POC is Craig Rowland, Acting State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, telephone 503-319-9488. (Federal Register 12 January 2023 [Rule] Pages 2006-2028)
Dec 29, 2022
NMFS designated and authorized the release of a nonessential experimental population (NEP or experimental population) of Central Valley (CV) spring-run Chinook salmon (Oncorhynchus tshawytscha) in the upper Yuba River and its tributaries upstream of Englebright Dam, California, and under the ESA, establish a limited set of take exceptions for the experimental population. Successful reintroduction of a population within the species' historical range would contribute to its viability and further its conservation. The issuance of limited protective regulations for the conservation of the species would provide assurances to the people of the upper Yuba River watershed. This document also announces the availability of a final EA that analyzed the environmental impacts of promulgating the experimental population rule and associated take exceptions. The final rule is effective 27 January 2023. POC is Steve Edmonson, NMFS, 650 Capitol Mall, Suite 5-100, Sacramento, CA 95814, 916-930-3600, or Adrienne Lohe, NMFS Office of Protected Resources, 301-427-8442. (Federal Register 28 December 2022 [Rule] Pages 79808-79818)
USFWS designate critical habitat for the Florida bristle fern (Trichomanes punctatum ssp. floridanum) under the ESA. In total, approximately 1,698 hectares (ha) (4,195 acres (ac)) fall within 10 units of critical habitat in Miami-Dade and Sumter Counties, Florida. This rule extends the Act's protections to the Florida bristle fern's designated critical habitat. This rule is effective 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. (Federal Register 22 December 2022 [Rule] pages 78582-78610)
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the site remediation source category. This action finalizes amendments to remove exemptions from the rule for site remediation activities performed under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a remedial action or a non-time-critical removal action, and for site remediation activities performed under Resource Conservation and Recovery Act (RCRA) corrective actions conducted at treatment, storage, and disposal facilities. This final rule is effective on 22 December 2022. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-2865; and email:witosky.matthew@epa.gov.(Federal Register 22 December 2022 [Rule] pages 78545-78558)
USFWS announced findings that one species is not warranted for delisting and that seven species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to delist Bone Cave harvestman (Texella reyesi; formerly listed as endangered as the Bee Creek Cave harvestman, Texella reddelli). They find that it is not warranted at this time to list Brandegee's buckwheat (Eriogonum brandegeei Rydberg), Chowanoke crayfish (Faxonius virginiensis), Cisco milkvetch (Astragalus sabulosus), stage station milkvetch (A. vehiculus), Isely's milkvetch (A. iselyi), Columbia Oregonian (Cryptomastix hendersoni), and Rye Cove cave isopod (Lirceus culveri). However, they ask the public to submit to them at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 29 December 2022. For further information see federal register for POC. (Federal Register 29 December 2022).
This final rule corrects editorial errors and improves the clarity of certain provisions in PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements. This final rule is effective 26 January 2023. POC is Yul B. Baker Jr., Standards and Rulemaking Division, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register 27 December 2022 [Rule] pages 79752-79785)
Dec 16, 2022
USFWS determined endangered species status under the ESA for Tiehm's buckwheat (Eriogonum tiehmii), a plant species native to Nevada in the United States. They also designate critical habitat. In total, they designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. This rule adds the species to the List of Endangered and Threatened Plants and extends the Act's protections to the species. This rule is effective 17 January 2023. POC is Justin Barrett, Deputy Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 16 December 2022 [Rule] Pages 77368-77401)
Dec 15, 2022
USFWS determine that whitebark pine (Pinus albicaulis), a high-elevation tree species found across western North America, is a threatened species under the ESA. They also finalized a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the species. USFWS have determined that designation of critical habitat for the whitebark pine is not prudent at this time. This rule is effective 17 January 2023. POC is Tyler Abbott, Field Supervisor, USFWS, Wyoming Ecological Services Field Office, 334 Parsley Boulevard, Cheyenne, WY 82007; tele: 307-757-3707. (Federal Register 15 December 2022 [Rule] Pages 76882-76917)
Dec 13, 2022
USFWS determine endangered status under the ESA for the Dolphin and Union caribou (Rangifer tarandus groenlandicus × peary), a distinct population segment (DPS) of the barren-ground caribou (Rangifer tarandus groenlandicus). After reviewing new survey information received during the public comment period that identified significant decline in the population during a recent 4-year period, they have reevaluated the status of the DPS. Their reassessment concluded that the species is in danger of extinction now. Therefore, they are listing this DPS as endangered under the Act. Listing this DPS as endangered also means that the proposed rule under section 4(d) of the Act will not be finalized or put in place. Rather, the prohibitions under section 9(a)(1) of the Act and our implementing regulations for endangered wildlife will apply to all Dolphin and Union caribou specimens. The Dolphin and Union caribou is native only to Canada. The rule is effective 12 January 2023. POC is Rachel London, Acting Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tele 703-358-2491. (Federal Register 13 December 2022 [Rule] Pages 76112-76125).
Dec 06, 2022
USFWS are listing the Dixie Valley toad (Anaxyrus williamsi), a toad species from Nevada, as an endangered species under the ESA. This rule continues the protections of the Act applied to the Dixie Valley toad under our 7 April 2022, temporary emergency listing rule. This rule is effective 2 December 2022. Justin Barrett, Field Supervisor, USFWS, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 2 December 2022 [Rule] Pages 73971-73994).
EPA is taking direct final action to clarify its National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarification in this direct final rule replaces the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change will allow NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This rule is effective on 2 March 2023 without further notice, unless EPA receives adverse comment by 3 January 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20004; tele: (202) 564-7932; email: huddle.heather@epa.gov. (Federal Register 2 December 2022 [Rule] Pages 73965-73971).
USFWS are reclassifying (downlisting) the plant Eugenia woodburyana (no common name) from an endangered species to a threatened species under the ESA, due to improvements in the species' status since its original listing in 1994. This action is based on a thorough review of the best available scientific and commercial information, which indicates that E. woodburyana is not currently in danger of extinction throughout all or a significant portion of its range, but it is likely to become so within the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act to provide measures that are necessary and advisable for the conservation of E. woodburyana. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, USFWS, P.O. Box 491, Boqueron, PR 00622; email caribbean_es@fws.gov; tele: 787-405-3641. (Federal Register 2 December 2022 [Rule] Pages 73994-74013).
Dec 05, 2022
In response to a petition filed under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Environmental Protection Agency (EPA) is adding 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA has determined that each of the 12 chemicals meets the EPCRA criteria. In addition, based on the available bioaccumulation and persistence data, EPA has determined that one chemical should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and designated as a chemical of special concern with a 100-pound reporting threshold. This final rule will apply for the reporting year beginning 1 January 2023. POC is Daniel R. Bushman, Toxics Release Inventory Program Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0743; email:bushman.daniel@epa.gov. (Federal Register 30 November 2022 [Rule] Pages 73475-73488)
USFWS reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the ESA. Their review of the best available scientific and commercial information indicates that the northern long-eared bat meets the Act's definition of an endangered species. Because they are reclassifying the northern long-eared bat from a threatened to an endangered species, they are amending this species' listing on the List of Endangered and Threatened Wildlife to reflect its endangered species status and removing its species-specific rule issued under section 4(d) of the Act. This rule is effective 30 January 2023. POC is Shauna Marquardt, Field Supervisor, USFWS, Minnesota Wisconsin Ecological Services Field Office, 4101 American Boulevard East, Bloomington, MN 55425; tele 952-252-0092. (Federal Register 30 November 2022 [Rule] Pages 73488-73504)
USFWS listed the Puerto Rican harlequin butterfly (Atlantea tulita), a species from Puerto Rico, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for this species under the Act. In total, approximately 41,266 acres (16,699.8 hectares) in six units in the municipalities of Isabela, Quebradillas, Camuy, Arecibo, Utuado, Florida, Ciales, Maricao, San Germán, Sabana Grande, and Yauco are within the boundaries of the critical habitat designation. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, PR 00622; email: caribbean_es@fws.gov; tele: 787-405-3641. (Federal Register 1 December 2022 [Proposed Rule] Pages 73655-73682)
Dec 02, 2022
The EPA is finalizing updates to the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA is implementing the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI are required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form does not change as a result of this rulemaking, nor does the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). This final rule is effective on 28 December 2022. Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email: dean.rachel@epa.gov. (Federal Register 28 November 2022 [Rule] Pages 72891-72898).
Nov 30, 2022
EPA is finalizing PM emission standards and test procedures applicable to certain classes of engines used by civil subsonic jet airplanes (engines with rated output of greater than 26.7 kN) to replace the existing smoke standard for those engines. The EPA is adopting these standards under our authority in the CAA. These standards and test procedures are equivalent to the engine standards adopted by the United Nations' ICAO in 2017 and 2020 and will apply to both new type design aircraft engines and in-production aircraft engines. These standards reflect the importance of the control of PM emissions and U.S. efforts to secure the highest practicable degree of uniformity in aviation regulations and standards. Additionally, the EPA is migrating, modernizing, and streamlining the existing regulations into a new part in the Code of Federal Regulations. As part of this update, the EPA is also aligning with ICAO by applying the smoke number standards to engines less than or equal to 26.7 kilonewtons rated output used on supersonic airplanes. This final rule is effective on 23 December 2022. POC is Bryan Manning, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele:(734) 214-4832; email:manning.bryan@epa.gov. (
USFWS are listing two Distinct Population Segments (DPSs) under the ESA for the lesser prairie-chicken (Tympanuchus pallidicinctus), a grassland bird known from southeastern Colorado, western Kansas, eastern New Mexico, western Oklahoma, and the Texas Panhandle. They determine threatened status for the Northern DPS and endangered status for the Southern DPS. This rule adds the DPSs to the List of Endangered and Threatened Wildlife. We also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the Northern DPS. This rule is effective 24 January 2023. POC is Beth Forbus, Regional ES Program Manager, Southwest Regional Office, 500 Gold Ave SW, Albuquerque, NM 87102; tele 505-318-8972. (Federal Register 25 November 2022 [Rule] Pages 72674-72755).
Nov 16, 2022
USFWS in accordance with the ESA are amending the List of Endangered and Threatened Plants by removing Johnson's seagrass (Halophila johnsonii). They are also amending the List of Endangered and Threatened Wildlife by updating the entries for the Arctic subspecies of the ringed seal (Pusa hispida hispida) and the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies (Erignathus barbatus nauticus) to reflect the final designation of critical habitat for this subspecies and DPS, respectively. These amendments are based on previously published determinations by the NMFS of the NOAA, Department of Commerce, which has jurisdiction for these species. This rule is effective 15 November 2022. POC is Rachel London, Acting Chief, Branch of Delisting and Foreign Species, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele: 703-358-2491. (Federal Register 15 November 2022 [Rule] Pages 68381-68382)
Nov 14, 2022
EPA is issuing the Contaminant Candidate List (CCL) which is a list of contaminants in drinking water that are currently not subject to any proposed or promulgated national primary drinking water regulations. In addition, these contaminants are known or anticipated to occur in public water systems and may require regulation under the Safe Drinking Water Act (SDWA). This list is the Fifth Contaminant Candidate List (CCL 5) published by the agency since the SDWA amendments of 1996. CCL 5 includes 66 chemicals, 3 chemical groups (cyanotoxins, disinfection byproducts (DBPs), and per- and polyfluoroalkyl substances (PFAS)), and 12 microbial contaminants. Final rule issued 14 November 2022. POC is For information on chemical contaminants contact Kesha Forrest, Office of Ground Water and Drinking Water, Standards and Risk Management Division, at (202) 564-3632 or email forrest.kesha@epa.gov. (Federal Register 14 November 2022 [Rule] Pages 68060-68085).
Nov 10, 2022
This action finalizes the technology review conducted for the paint stripping and miscellaneous surface coating operations area source categories regulated under national emission standards for hazardous air pollutants (NESHAP). These final amendments also address provisions regarding electronic reporting; make miscellaneous clarifying and technical corrections; simplify the petition for exemption process; and clarify requirements for emissions during periods of startup, shutdown, and malfunction (SSM). We are making no revisions to the numerical emission limits based on the technology review. This final rule is effective on 10 November 2022. POC is Lisa Sutton, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-3450; fax: (919) 541-4991; and email:sutton.lisa@epa.gov. (Federal Register 10 November 2022 [Rule] Pages 67791-67807)
Nov 04, 2022
The Advisory Council on Historic Preservation (ACHP) has approved an exemption that would relieve federal agencies from the historic preservation review requirements under the National Historic Preservation Act regarding the effects of the installation of certain electric vehicle supply equipment (EVSE) on historic properties. The exemption goes into effect on 26 October 2022. POC is Jaime Loichinger, tele: (202) 517-0219, email: jloichinger@achp.gov. (Federal Register 2 November 2022 [Notice] Pages 66201-66204).
Nov 02, 2022
USFWS determine threatened species status under the ESA for the emperor penguin (Aptenodytes forsteri), a flightless bird species from Antarctica. This rule adds the species to the List of Endangered and Threatened Wildlife. They also finalize a rule issued under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 25 November 2022. POC is Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (tele 703-358-2171). (Federal Register 26 October 2022 [Rule] Pages 64700-64720).
Oct 11, 2022
EPA is finalizing actions pursuant to section 181(b)(2) of the CAA for most remaining areas in the country classified as "Serious" for the 2008 8-hour ozone NAAQS of 0.075 ppm. Applying a uniform methodology, the Agency is determining that one Serious area attained the standards by the 20 July 2021, applicable attainment date and that five Serious areas failed to attain the standards by the applicable attainment date. Pursuant to its authority under the CAA, the EPA is establishing new, consistent deadlines by which the responsible state air agencies for the reclassified areas must submit SIP revisions and implement controls to satisfy the statutory and regulatory requirements for Severe areas for the 2008 ozone NAAQS. Additionally, in areas reclassified as Severe, where not already prohibited, the CAA will prohibit the sale of conventional gasoline and require that federal reformulated gasoline instead be sold beginning 1 year after the effective date of this final rule, 7 November 2023. The effective date of this rule is 7 November 2022. POC is Robert Lingard, EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539-01 Research Triangle Park, NC 27709; by tele: 919-541-5272; email: lingard.robert@epa.gov. (Federal Register 7 October 2022 [Rule] Pages 60926-60938)
Oct 06, 2022
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) at major sources from new and existing industrial, commercial, and institutional (ICI) boilers and process heaters. Certain aspects of these standards were challenged and subsequently remanded to the Agency by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). This action finalizes amendments to several numeric emission limits for new and existing boilers and process heaters consistent with the court's opinion and sets compliance dates for these new emission limits. This action also provides further explanation of one aspect of the Agency's use of carbon monoxide (CO) as a surrogate for organic hazardous air pollutants (HAP) and its use of a CO threshold to represent the application of the maximum achievable control technology (MACT) for organic HAP. We are also finalizing several technical clarifications and corrections. This final rule is effective on 5 December 2022. POC is Lisa Thompson, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-9775; and email: thompson.lisa@epa.gov. (Federal Register 6 October 2022 [Rule] Pages 60816-60865)
Oct 05, 2022
USFWS is removing the snail darter (Percina tanasi), a small freshwater fish native to the Tennessee River watershed, from the Federal List of Endangered and Threatened Wildlife (List). This final rule is based on a thorough review of the best available scientific and commercial information which indicates that the threats to the species have been reduced or eliminated to the point that it has recovered and is no longer in danger of extinction or likely to become in danger of extinction in the foreseeable future. Therefore, the species no longer meets the definition of an endangered or a threatened species under the ESA. This rule is effective 4 November 2022. POC is Daniel Elbert, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38506; tele 931-528-6481. (Federal Register 5 October 2022 [Rule] Pages 60298-60313)
Aug 24, 2022
USFWS are removing the plant Adiantum vivesii (no common name) from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data indicating that Adiantum vivesii is not a distinct species, but rather a sterile hybrid that does not have the capacity to establish a lineage that could be lost to extinction. USFWS have determined that Adiantum vivesii is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act, and that its original listing was based on data or interpretations of data that were in error; therefore, USFWS are delisting it. This rule is effective 23 September 2022. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; Caribbean_es@fws.gov; tel: 787-405-3641. (Federal Register 24 August 2022 [Rule] Pages 51928-51932)
U.S. Fish and Wildlife Service (Service), are removing the Braken Bat Cave meshweaver (Cicurina venii), an arachnid, from the Federal List of Endangered and Threatened Wildlife (i.e., "delisting" the species) under the ESA), because of a taxonomic revision. This determination is based on their evaluation of the best available scientific and commercial information, which indicates that the Braken Bat Cave meshweaver is not a discrete taxonomic entity and does not meet the definition of a species as defined under the Act. The reason it does not meet the definition of a species is that the original data for classification of the Braken Bat Cave meshweaver when it was listed was in error. Braken Bat Cave meshweaver has been synonymized with Madla Cave meshweaver (Cicurina madla). Therefore, due to a taxonomic revision, Braken Bat Cave meshweaver is no longer a scientifically accepted species and cannot be listed under the Act. However, because individuals previously identified as Braken Bat Cave meshweaver have been synonymized under Madla Cave meshweaver, their status and protections under the Act remain the same because the Madla Cave meshweaver is listed as endangered under the Act. This rule is effective 23 September 2022. POC is Catherine Yeargan, Acting Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; by tel at 512-490-0057. Click for more.
Aug 17, 2022
This action announces the EPA's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make seven additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 17 August 2022. POC Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, OH 45268; tel: (513) 569-7652; email address: smith.glynda@epa.gov. Click here for details.
The Pipeline and Hazardous Materials Safety Administration is correcting a final rule that was published in the Federal Register on 26 July 2022. The final rule was published to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This correction is effective 25 August 2022. Candace Casey, Standards and Rulemaking, Steven Andrews, Standards and Rulemaking, or Aaron Wiener, International Program, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register 16 August 2022 [Rule] Pages 50271-50273).
Aug 11, 2022
The EPA is amending the CFR to reflect a 2015 court decision regarding the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines (RICE) and the New Source Performance Standards (NSPS) for Stationary Internal Combustion Engines (ICE). The court vacated provisions in the regulations specifying that emergency engines could operate for emergency demand response or during periods where there is a deviation of voltage or frequency. This ministerial rule revises the RICE NESHAP and ICE NSPS to conform to the court's decision. This final rule is effective on 10 August 2022. For questions about this action, contact Melanie King, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; tel: (919) 541-2469; and email: king.melanie@epa.gov. (Federal Register 10 August 2022 [Rule] Pages 48603-48608)
Jul 26, 2022
PHMSA is amending the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA is amending the HMR to allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations. PHMSA is also withdrawing the unpublished 1 October 2020, Notice of Enforcement Policy Regarding International Standards on use of select updated international standards in complying with the HMR during the pendency of this rulemaking. This rule is effective 25 August 2022. POC is Candace Casey, Standards and Rulemaking, Steven Andrews, Standards and Rulemaking, or Aaron Wiener, International Program, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register 26 July 2022 [Rule] Pages 44944-45001)
Jul 22, 2022
USFWS is rescinding the rule titled "Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat" that published on 18 December 2020, and became effective January 19, 2021. The rule set forth new regulations addressing how we exclude areas of critical habitat under section 4(b)(2) of the Endangered Species Act of 1973, as amended, outlining when and how the Service will undertake an exclusion analysis. This action removes the regulations established by that rule. This final rule is effective 22 August 2022. Bridget Fahey, USFWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel 703/358-2171. (Federal Register 21 July 2022 [Rule] Pages 43433-43447)
Jul 06, 2022
USFWS determined that the Canoe Creek clubshell (Pleurobema athearni), a freshwater mussel species endemic to a single watershed in north-central Alabama, is an endangered species under the ESA. They also designate critical habitat for the species under the Act. In total, approximately 58.5 river kilometers (36.3 river miles) in St. Clair and Etowah Counties, Alabama, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 5 August 2022. POC is William J. Pearson, Field Supervisor, USFWS, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; tel 251-441-5181. (Federal Register 6 July 2022 [Rule] Pages 40115-40138)
USFWS reclassified the smooth coneflower (Echinacea laevigata) from endangered to threatened ("downlist") under the ESA, due to improvements in the species' overall status since the original listing in 1992. This action is based on a thorough review of the best available scientific and commercial information, which indicates that smooth coneflower is not currently in danger of extinction throughout all or a significant portion of its range, but it is still likely to become so in the foreseeable future. They are also finalizing a rule under section 4(d) of the Act that provides for the conservation of smooth coneflower. This rule is effective 5 August 2022. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551-F Pylon Drive, Raleigh, NC 27606; tel (919) 856-4520. (Federal Register 6 July 2022 [Rule] Pages 40100-40115)
Jul 01, 2022
USFWS revised the regulations for the nonessential experimental population of the Mexican wolf (Canis lupus baileyi) in the Mexican Wolf Experimental Population Area under section 10(j) of the ESA. The regulatory revisions in this rule include a revised population objective, a new genetic objective, and the temporary restriction of three take provisions. This rule also includes an essentiality determination under section 10(j) of the ESA. The experimental population, inclusive of these revisions, will contribute to the long-term conservation and recovery of the Mexican wolf by alleviating demographic and genetic threats in this population consistent with our rangewide recovery strategy and goals for the Mexican wolf. This rule is effective 1 August 2022. POC is Brady McGee, Mexican Wolf Recovery Coordinator, U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office, 2105 Osuna Rd. NE, Albuquerque, NM 87113; tel 505-761-4748. (Federal Register 1 July 2022 [Rule] Pages 39348-39373)
Jun 17, 2022
U.S. Fish and Wildlife Service (Service), are listing marron bacora (Solanum conocarpum), a plant species from the U.S. and British Virgin Islands, as an endangered species and are designating critical habitat for the species under the ESA. In total, approximately 2,548 acres (1,031 hectares) on St. John, U.S. Virgin Islands, fall within the boundaries of the critical habitat designation. This rule adds this species to the Federal List of Endangered and Threatened Plants and extends the Act's protections to the species and its designated critical habitat. This rule is effective 18 July 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Road 301 Km 5.1, Boquerón, PR 00622; telephone 787-244-0081; email caribbean_es@fws.gov. (Federal Register 16 June 2022 [Rule] Pages 36225-36248)
Jun 10, 2022
USFWS determined endangered species status under the ESA for the Arizona eryngo (Eryngium sparganophyllum), a plant species native to Arizona and New Mexico in the United States, and to Sonora and Chihuahua in Mexico. They also designate critical habitat for the Arizona eryngo. In total, approximately 12.7 acres (5.1 hectares) in Pima and Cochise Counties, Arizona, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 11 July 2022. POC is Heather Whitlaw, Arizona Ecological Services Field Office, 9828 North 31st Ave. C3, Phoenix, AZ 85051-2517; tel 602-242-0210. (Federal Register 10 June 2022 [Rule] Pages 35431-35459)
May 19, 2022
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an Executive order addressing domestic preferences in Government procurement. Effective Date: 25 October 2022 POC is Ms. Mahruba Uddowla, Procurement Analyst, at 703-605-2868 or by email at mahruba.uddowla@gsa.gov.(Federal Register 7 March 2022 [Rule] Pages 12780-12798)
May 11, 2022
Pursuant to the EPA's SNAP program, this action lists the refrigerant 2,3,3,3-tetrafluoroprop-1-ene, also known as HFO-1234yf or R-1234yf, as acceptable, subject to use conditions, in the motor vehicle air conditioning end-use for certain types of newly manufactured nonroad vehicles, which includes some vehicles that are also considered heavy-duty vehicles. In addition, EPA is requiring unique servicing fittings for use with small refrigerant cans (two pounds or less) of 2,3,3,3-tetrafluoroprop-1-ene that are used to service onroad and nonroad vehicles. Finally, EPA is adding a reference to the Agency's regulations under the Toxic Substances Control Act for 2,3,3,3-tetrafluoroprop-1-ene for the listings in nonroad vehicles and previous listings for certain onroad vehicles. This final rule is effective on 3 June 2022. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205 T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: 202-564-7768; email: farquharson.chenise@epa.gov. (Federal Register 4 May 2022 [Rule] Pages 26276-26295).
USFWS proposes to list a subspecies of butterfly (Speyeria nokomis nokomis), a silverspot butterfly from Colorado, New Mexico, and Utah, as a threatened species under ESA, with a rule issued under section 4(d) of the Act ("4(d) rule"). This document also serves as their 12-month finding on a petition to list the silverspot. After a review of the best available scientific and commercial information, they find that listing the subspecies is warranted. If finalized this rule as proposed, would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. They determined that designating critical habitat for this subspecies under the Act is not prudent. They will accept comments received or postmarked on or before 5 July 2022. POC is Ann Timberman, Western Colorado Supervisor, USFWS, Western Colorado Ecological Services Field Office, 445 West Gunnison Avenue, Grand Junction, CO 81501; tel 970-628-7181. (Federal Register 4 May 2022 [Proposed Rule] Pages 26319-26337).
May 10, 2022
U.S. Fish and Wildlife Service (Service), in accordance with the Endangered Species Act of 1973, as amended (Act), are amending the List of Endangered and Threatened Wildlife (List) by removing the coral Siderastrea glynni. This amendment is based on a previously published determination by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for this species. This rule is effective 3 May 2022. POC is Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tel: 703-358-2646. (Federal Register: 3 May 2022 [Rule] Pages 26141-26142)
Apr 25, 2022
The Council on Environmental Quality (CEQ) issues this final rule to amend certain provisions of its regulations for implementing the National Environmental Policy Act (NEPA), addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of "effects." The amendments generally restore provisions that were in effect for decades before being modified in 2020. This rule is effective 20 May 2022. POC is Amy B. Coyle, Deputy General Counsel, tele: 202-395-5750, email: Amy.B.Coyle@ceq.eop.gov. (Federal Register 20 April 2022 [Rule] Pages 23453-23470)
Apr 21, 2022
NMFS issued a final rule to remove Johnson's seagrass (Halophila johnsonii) from the Federal List of Threatened and Endangered Species. To correspond with this action, they are also removing the critical habitat designation for Johnson's seagrass. These actions are based on newly obtained genetic data that demonstrate that Johnson's seagrass is not a unique taxon but rather a clone of an Indo-Pacific species, Halophila ovalis. Therefore, Johnson's seagrass does not meet the statutory definition of a species and does not qualify for listing under the ESA. After considering public comment on the proposed rule, they are implementing this final rule to execute the proposed changes to the listing and critical habitat for Johnson's seagrass. This final rule is effective on 16 May 2022. POC is Adam Brame, NMFS Southeast Regional Office, Adam.Brame@noaa.gov, (727) 209-5958. (Federal Register 14 April 2022 [Rule] Pages 22137-22141)
Apr 18, 2022
U.S. Fish and Wildlife Service (Service), affirm the listing of the streaked horned lark (Eremophila alpestris strigata), a bird subspecies from Washington and Oregon, as a threatened species under the Endangered Species Act of 1973, as amended (Act). We also revise the rule issued under section 4(d) of the Act ("4(d) rule") for this bird. This final rule maintains this species as a threatened species on the List of Endangered and Threatened Wildlife and continues to extend the protections of the Act to the species. This rule is effective May 13, 2022. POC Paul Henson, State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; telephone 503-231-6179. (Federal Register 13 April 2022 [Rule] Pages 21783-21812)
Apr 08, 2022
EPA issued a technical amendment to modify the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of hazardous substances, to be consistent with the statutory provisions that currently comprise this list. These modifications include adding the Clean Air Act (CAA) HAP 1-Bromopropane and removing the Resource Conservation and Recovery Act (RCRA) vacated K-Code Wastes: K064, K065, K066, K090, and K091. The Agency is also adding clarifying language, correcting a Chemical Abstract Service Registry Number (CASRN), and modifying the formatting of hazardous substance isomers and homologs that are listed with parent substances. This final rule is effective on 8 April 2022. POC is Jennifer Barre, EPA, Office of Emergency Management, (MC: 5104A), 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel 202-564-9026; email Barre.Jennifer@epa.gov. (Federal Register 8 April 2022 [Rule] Pages 20721-20761)
Apr 07, 2022
USFWS exercised authority pursuant to the ESA, to emergency list the Dixie Valley toad (Anaxyrus williamsi) as endangered. Due to the imminent development of a geothermal project in Dixie Meadows, Nevada, and the potential resulting effects to the geothermal springs relied upon by the Dixie Valley toad, there is a significant risk to the well-being of the species. They find that emergency listing is necessary in order to provide the protective measures afforded by the Act to the Dixie Valley toad. This emergency action (emergency rule) provides Federal protection pursuant to the Act for a period of 240 days. A proposed rule to list the Dixie Valley toad as endangered is published concurrently with this emergency rule in the Proposed Rules section of this issue of the Federal Register. This temporary rule is effective 7 April 2022, through 2 December 2022. POC is Marc Jackson, Field Supervisor, USFWS, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, Nevada 89502; tel 775-861-6300. (Federal Register 7 April 2022 [Rule] Pages 20336-20348).
The DOE is publishing this final rule to implement provisions in the Energy Conservation and Production Act (ECPA) that require DOE to update the baseline Federal energy efficiency performance standards for the construction of new Federal commercial and multi-family high-rise residential buildings. This rule updates the baseline Federal commercial standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2019. This rule is effective 6 June 2022. POC is Nicolas Baker, DOE, Office of Energy Efficiency and Renewable Energy, FEMP, Mailstop EE-5F, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-8215, Email: nicolas.baker@ee.doe.gov. (Federal Register 7 April 2022 [Rule] Pages 20267-20295)
Apr 05, 2022
NMFS issue this final rule to designate critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under the ESA. The critical habitat designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, we have excluded an area north of the Beaufort Sea shelf from the designation. This rule is effective 2 May 2022. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006. (Federal Register 1 April 2022 [Rule] Pages 19232-19287).
NMFS issue this final rule to designate critical habitat for the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies Erignathus barbatus nauticus under the ESA. The critical habitat designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. This rule is effective 2 May 2022. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006. (Federal Register 1 April 2022 [Rule] Pages 19180-19230).
Mar 31, 2022
USFWS are reclassifying the plant beach layia (Layia carnosa) from an endangered to a threatened species under the ESA, due to substantial improvements in the species' overall status since its original listing as endangered in 1992. This action is based on a thorough review of the best scientific and commercial data available, which indicates that beach layia no longer meets the definition of an endangered species under the Act. Beach layia will remain protected as a threatened species under the Act. They are also finalizing a rule under section 4(d) of the Act that provides for the conservation of beach layia. This rule is effective 2 May 2022. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Rd., Arcata, CA 95521; tel: 707-822-7201. (Federal Register 31 March 2022 [Rule] Pages 18722-18739)
Mar 24, 2022
The Coast Guard announces the availability of the final policy letter that describes type-approval testing methods, and the acceptance process for such methods, for ballast water management systems (BWMS) that render organisms nonviable in ballast water. At this time, the Coast Guard does not accept any type-approval testing methods for ballast water management systems that render organisms in ballast water nonviable (meaning "permanently incapable of reproduction"). In consideration of public comments on the draft policy letter, this final policy letter establishes the mechanism for reviewing and integrating viability testing methods into the existing Coast Guard type-approval testing program. The Coast Guard invites submissions of viability testing methods in accordance with the policy letter at any time following publication. The Coast Guard will review any provided information responsive to the policy letter and enclosure. This final policy letter is subject to revision, in coordination with the EPA, contingent on any Coast Guard determination that a viability testing method is acceptable. The final policy letter announced in this notification is issued as of 28 February 2022. POC is Mr. Matthew Reudelhuber, Environmental Standards Division, tel: 202-372-1432. (Federal Register 24 March 2022 [Rule] Pages 16641-16651)
Mar 09, 2022
EPA is finalizing amendments to the NESHAP for Stationary Combustion Turbines. This final action removes the stay of the effectiveness of the standards for new lean premix and diffusion flame gas-fired turbines that was promulgated in 2004. The final rule is effective on 9 March 2022. For questions about this action, contact Melanie King, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; telephone: (919) 541-2469; and email: king.melanie@epa.gov. (Federal Register 9 March 2022 [Rule] Pages 13183-13192)
Feb 28, 2022
USFWS has determined endangered species status under the ESA, for the peppered chub (Macrhybopsis tetranema), a freshwater fish species historically found in Colorado, Kansas, New Mexico, Oklahoma, and Texas, which is now extirpated from all but six percent of its historical range. They also designated critical habitat. In total, approximately 872 river miles (1,404 river kilometers) in New Mexico, Oklahoma, and Texas fall within the boundaries of the critical habitat designation. They are excluding approximately 197 river miles (317 river kilometers) of critical habitat in Kansas that was included in the proposed critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife and extends the Act's protections to the peppered chub designated critical habitat. This rule is effective 30 March 2022. POC is Debra Bills, Field Supervisor, USFWS, Arlington, Texas, Ecological Services Field Office, 2005 Northeast Green Oaks Boulevard, Suite 140, Arlington, TX 76006; tel 817-277-1100. (Federal Register 28 February 2022 [Rule] Pages 11188-11220).
Feb 17, 2022
USFWS, in accordance with the ESA, are amending the List of Endangered and Threatened Wildlife (List) by adding Rice's whale (Balaenoptera ricei). They are also updating the entries for the Central America, Mexico, and Western North Pacific distinct population segments (DPSs) of humpback whales (Megaptera novaeangliae) to reflect the designation of critical habitat for these DPSs. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. This rule is effective 17 February 2022. POC is Caitlin Snyder, Chief, Branch of Domestic Listing, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tel: 703-358-2171. (Federal Register 17 February 2022 [Rule] Pages 8981-8983).
USFWS are reclassifying the Stephens' kangaroo rat (Dipodomys stephensi) from endangered to threatened under the ESA. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so throughout all of its range in the foreseeable future. They also finalize a rule under section 4(d) of the Act that provides for the conservation of the Stephens' kangaroo rat. This rule is effective 21 March 2022. POC is Scott Sobiech, Field Supervisor, USFWS, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; tel:760-431-9440. (Federal Register 17 February 2022 [Rule] Pages 8967-8981).
USFWS announce the revised taxonomy of 16 wildlife species under the Endangered Species Act of 1973, as amended (Act). They are revising the List of Endangered and Threatened Wildlife and/or other applicable regulations to reflect the scientifically accepted taxonomy and nomenclature of these species. This rule is effective 18 May 2022 without further action, unless significant adverse comment is received by 21 March 2022. POC is Nicole Rankin, Chief, Division of Conservation and Classification, U.S. Fish and Wildlife Service, Interior Regions 2 and 4, 1875 Century Boulevard NE, Atlanta, GA 30345; telephone 404-679-7089. (Federal Register 17 February 2022 [Rule] Pages 8960-8967).
Feb 14, 2022
In this action, the EPA is finalizing technical revisions and clarifications for the NESHAP for MSW Landfills established in the 26 March 2020, final rule. This final rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify and align the timing of compliance for certain requirements involving installation of a gas collection and control system (GCCS) under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on 21 May 2021 to clarify who has the authority to implement and enforce the applicable requirements. The EPA is also making some minor typographical corrections. The final rule is effective 14 February 2022. POC is Andy Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-4161 and email: sheppard.andy@epa.gov. (Federal Register 14 February 2022 [Rule] Pages 8197-8205)
Feb 03, 2022
USFWS are reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana) from endangered to threatened under the ESA. This action is based on their evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They also finalize a rule issued under section 4(d) of the Act that provides for the conservation of the Morro shoulderband snail. In addition, they update the Federal List of Endangered and Threatened Wildlife to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Helminthoglypta walkeriana, Morro shoulderband snail. This rule is effective 7 March 2022. POC is Stephen P. Henry, Field Supervisor, USFWS, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; tele 805-644-1766. (Federal Register 3 February 2022 [Rule] Pages 6063-6077).
USFWS are removing San Benito evening-primrose (Camissonia benitensis), a plant native to California, from the Federal List of Endangered and Threatened Plants on the basis of recovery. This final rule is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to the species have been reduced or eliminated to the point that it has recovered and is no longer in danger of extinction or likely to become in danger of extinction in the foreseeable future. Therefore, the plant no longer meets the definition of an endangered or threatened species under the ESA. This rule is effective 7 March 2022. POC Stephen P. Henry, Field Supervisor, USFWS, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; by tele 805-644-1766. (Federal Register 3 February 2022 [Rule] Pages 6046-6063).
Feb 02, 2022
USFWS are correcting an erroneous acreage amount presented twice in the preamble of our 22 July 2021, final rule that was issued to comply with a court order concerning the critical habitat designation for the jaguar (Panthera onca) under the ESA. This correction is effective 2 February 2022. POC is Jeff Humphrey, at 9828 North 31st Avenue #C3, Phoenix, AZ 85051; by tele: at 602-242-0210; or by email incomingazcorr@fws.gov. (Federal Register 2 February 2022 [Rule] Page 5737)
Jan 14, 2022
EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may seek. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 12 January 2022. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email: smith-watts.david@epa.gov. (Federal Register 12 January 2022 [Rule] Pages 1676-1679)
Jan 05, 2022
EPA is amending the list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add 1-bromopropane (1-BP) in response to public petitions previously granted by the EPA. This action amends the list of hazardous air pollutants initially listed under the CAA. This final rule is effective on 4 February 2022.POC is Susan Miller, Sector Policies and Programs Division (D205-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711, tel: (919) 541-2443; email: miller.susan@epa.gov. (Federal Register 5 January 2022 [Rule] Pages 393-396)
USFWS, list the Panama City crayfish (Procambarus econfinae), a terrestrial crayfish species native to Bay County, Florida, as a threatened species with a rule issued under the ESA. They also designate critical habitat for the species under the Act. In total, approximately 4,138 acres (1,675 hectares (ha)) in Bay County, Florida, fall within eight units of critical habitat. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 4 February 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, Florida Ecological Services Field Office, USFWS, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tel: 904-731-3134. (Federal Register 5 January 2022 [Rule] Pages 546-581).
Jan 04, 2022
NMFS is issuing a final rule to remove a coral, Siderastrea glynni , from the Federal List of Threatened and Endangered Species. Recently obtained genetic and morphological information demonstrates that S. glynni does not meet the statutory definition of a species, and therefore does not qualify for listing under the ESA. Following public comment and peer review of the proposed rule and supporting scientific information, this final rule implements the changes to the listing for S. glynni. This final rule is effective on 31 January 2022. POC is Adrienne Lohe, NMFS Office of Protected Resources, email: Adrienne.Lohe@noaa.gov, tel: (301) 427-8442. (Federal Register 30 December 2021 [Rule] Pages 74378-74380).
Dec 28, 2021
EPA is finalizing a Safe Drinking Water Act (SDWA) rule that requires certain public water systems (PWSs) to collect national occurrence data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium. Subject to the availability of appropriations, EPA will include all systems serving 3,300 or more people and a representative sample of 800 systems serving 25 to 3,299 people. If EPA does not receive the appropriations needed for monitoring all of these systems in a given year, EPA will reduce the number of systems serving 25 to 10,000 people that will be asked to perform monitoring. This final rule is a key action to ensure science-based decision-making and prioritize protection of disadvantaged communities in accordance with EPA's PFAS Strategic Roadmap. EPA is also announcing plans for public webinars to discuss implementation of the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This final rule is effective on 26 January 2022. The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of 26 January 2022. POC is Brenda D. Bowden, Standards and Risk Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7961; email: bowden.brenda@epa.gov. (Federal Register 27 December 2021 [Rule] Pages 73131-73157).
Dec 22, 2021
USFWS determined threatened species status under the ESA for the Hermes copper butterfly (Lycaena [Hermelycaena] hermes), a butterfly species from San Diego County, California, and Baja California, Mexico. They also designate critical habitat. In total, approximately 14,174 ha (35,027 ac) in San Diego County, California, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. This rule is effective 20 January 2022. POC is Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; tel: 760-431-9440. (Federal Register 21 December 2021 [Rule] Pages 72394-72433)
Dec 17, 2021
On 16 June 2021, EPA published decision to delay the effective and compliance dates of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published on 15 January 2021, to allow time for EPA to review the rule in accordance with Presidential directives issued on 20 January 2021, to the heads of Federal agencies to review certain regulations, and conduct important consultations with affected parties. EPA has completed its review. The agency's review included virtual public engagements from a diverse set of stakeholders. This document describes the comments conveyed by stakeholders, EPA's decision to proceed with a proposed rule that would revise certain key sections of the LCRR while allowing the rule to take effect, and other non-regulatory actions that EPA and other Federal agencies can take to reduce exposure to lead in drinking water. The effective date of the LCRR published on 16 June 2021, in the Federal Register (86 FR 31939), is 16 December 2021, and compliance date continues to be 16 October 2024. Primacy revision applications are due on 18 December 2023. POC is Jeffrey Kempic, Standards and Risk Management Division, Office of Ground Water and Drinking Water, EPA, 1200 Pennsylvania Ave. NW, Mail Code 4607M, Washington, DC 20460; tel: (202) 564-4880; email address: kempic.jeffrey@epa.gov. (Federal Register 17 December 2021 [Rule] Pages 71574-71582).
Nov 17, 2021
USFWS listed the Atlantic pigtoe, (Fusconaia masoni), a freshwater mussel species from Virginia and North Carolina, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for the species under the Act. In total, approximately 563 river miles (906 river kilometers) fall within 17 units of critical habitat in Bath, Botetourt, Brunswick, Craig, Dinwiddie, Greensville, Halifax, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Sussex Counties, Virginia, and in Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Montgomery, Nash, Orange, Person, Pitt, Randolph, Rockingham, Vance, Wake, Warren, and Wilson Counties, North Carolina. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 16 December 2021. Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; tel: 919-816-6408. (Federal Register 16 November 2021 [Rule] Pages 64000-64053.)
Nov 15, 2021
The EPA is issuing a technical amendment to modify the submission location for Continuous Release Reports. Reports are currently submitted to respective EPA regional offices; with this technical amendment, EPA will instead require all future such reports to be submitted to the appropriate EPA Headquarters (HQ) office. The Agency is also correcting a typographical spelling error, correcting citations within the section, and amending the listed authority. This final rule is effective on 12 November 2021. POC is Mark Douglas, EPA, Office of Emergency Management, (MC: 5104A), 1200 Pennsylvania Avenue NW, Washington, DC 20460; 202-564-5572; douglas.mark@epa.gov. (Federal Register 12 November 2021 [Rule] Pages 62736-62737)
Nov 10, 2021
USFWS revised the designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) under ESA, by withdrawing the 15 January 2021, final rule that would have been effective 15 December 2021, and which would have excluded approximately 3.4 million acres (1.4 million hectares) of designated critical habitat for the northern spotted owl (January Exclusions Rule); and instead as they proposed on 20 July 2021, they now exclude approximately 204,294 acres (82,675 hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties, Oregon, under section 4(b)(2) of the Act. This rule is effective 10 December 2021. POC is Paul Henson, Ph.D., State Supervisor, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Portland, OR 97266; tel: 503-231-6179 (Federal Register: 10 November 2021 [Rule] Pages 62606-62666).
Oct 21, 2021
USFWS designated critical habitat for the narrow-headed gartersnake (Thamnophis rufipunctatus) under the ESA. In total, 23,785 acres (9,625 hectares) in Greenlee, Apache, Yavapai, Gila, and Coconino Counties, Arizona, and Grant, Hidalgo, and Catron Counties, New Mexico, fall within the boundaries of the critical habitat designation for the narrow-headed gartersnake. This rule extends the Act's protections to the narrow-headed gartersnake's designated critical habitat. This rule is effective 22 November 2021. POC is Jeff Humphrey, Field Supervisor, USFWS, Arizona Ecological Services Field Office, Fish and Wildlife Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-2517; tel 602-242-0210. (Federal Register 21 October 2021 [Rule] Pages 58474-58523)
Oct 18, 2021
USFWS are reclassifying the humpback chub (Gila cypha) from endangered to threatened under the ESA, due to substantial improvements in the species' overall status since its original listing as endangered in 1974. This action is based on a thorough review of the best available scientific and commercial information available, which indicates that the humpback chub no longer meets the definition of an endangered species under the Act. The humpback chub will remain protected as a threatened species under the Act. They are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the humpback chub. This rule is effective 17 November 2021. POC is Tom Chart, Director, tele: 303-236-9885. (Federal Register 18 October 2021 [Rule] Pages 57588-57610)
Oct 06, 2021
The EPA is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This Act mandates the phasedown of HFC, which are highly potent GHG, by 85 percent over a period ending in 2036. The Act directs the EPA to implement the phasedown by issuing a fixed quantity of transferrable production and consumption allowances, which producers and importers of HFCs must hold in quantities equal to the amount of HFCs they produce or import. To establish the allowance allocation program, this rulemaking determines the HFC production and consumption baselines, from which allowed production and consumption will decrease consistent with the statutory phasedown schedule. Over the time period from 2022-2050, this rulemaking will avoid cumulative emissions of 4,560 million metric tons of exchange value equivalent of HFCs in the United States with a present value of cumulative net benefits of $272.7 billion. This rule is effective on 4 November 2021, except for amendatory instruction 3 adding 40 CFR part 84, which is effective on 5 October 2021. POC is Andy Chang, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202-564-6658; email: chang.andy@epa.gov. (Federal Register 5 October 2021 [Final] Pages 55116-55222).
Oct 04, 2021
On 7 January 2021, the USFWS, published a final rule (January 7 rule) defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. They now revoke that rule for the reasons set forth below. The immediate effect of this final rule is to return to implementing the MBTA as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding agency practice prior to 2017. This rule is effective 3 December 2021. POC is Jerome Ford, Assistant Director, Migratory Birds, at 202-208-1050. (Federal Register 4 October 2021 [Rule] Pages 54642-54656)
Oct 01, 2021
EPA is making conforming changes to regulations related to twelve hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices submitted to EPA by U.S. exporters and importers, and in movement documents that accompany export and import shipments. The changes to regulations related to these twelve recovery and disposal operations are needed to reflect changes to regulations related to Canadian import-export recovery and disposal operations that Canada promulgated in the Canada Gazette Part II on 17 March 2021 and that become effective in Canada on 31 October 2021. Additionally, as the changes in the rule are being made solely to conform to Canada's regulatory changes to Canada-specific operation codes and descriptions, this is a final rulemaking and no public comment is being solicited. This rule is effective on 31 October 2021. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (703) 308-0005; email: coughlan.laura@epa.gov. Click here for more.
Sep 16, 2021
This notice announces issuance by all 10 Environmental Protection Agency (EPA) Regions of the final 2021 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)--the 2021 PGP. The 2021 PGP, which has an effective date of 31 October 2021, replaces the existing permit (2016 PGP) that expires at midnight on 31 October 2021, and authorizes certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. For further information on the final permit, contact the appropriate EPA Regional office listed in the federal register. (Federal Register 16 September 2021 [Notice] Pages 51665-51669).
Sep 14, 2021
Coronavirus Disease 2019 Vaccination; Requirement for Federal Employees (Final)
September 9 2021
It is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID-19), including the B.1.617.2 (Delta) variant, by relying on the best available data and science-based public health measures. Each agency shall implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for all of its Federal employees, with exceptions only as required by law.
Sep 01, 2021
USFWS, determined threatened species status under the ESA, for Bartram's stonecrop (Graptopetalum bartramii), a plant known from Arizona and Mexico. They also issue a final rule under the authority of section 4(d) (a "4(d) rule") of the Act that provides measures that are necessary and advisable to provide for the conservation of Bartram's stonecrop. They have determined that designation of critical habitat for Bartram's stonecrop is not prudent. This rule is effective 30 September 2021. POC is Jeff Humphrey, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 9828 North 31st Avenue, #C3, Phoenix, AZ 85051-2517. (Federal Register 31 August 2021 [Rule] Pages 48545-48569)
Aug 25, 2021
U.S. Fish and Wildlife Service designated critical habitat for the Georgetown salamander (Eurycea naufragia) and Salado salamander (Eurycea chisholmensis) under the ESA. They designate a total of approximately 1,315 acres (538 hectares) of critical habitat for these species in Bell and Williamson Counties, Texas. This rule extends the Act's protections to the Georgetown salamander's and Salado salamander's designated critical habitat. This rule is effective 17 September 2021. POC is Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Rd., Suite 200, Austin, TX 78758; tele 512-490-0057. [Federal Register 18 August 2021 [Rule] Pages 46536-46578).
U.S. Fish and Wildlife Service (Service), are listing the Franklin's bumble bee (Bombus franklini), an invertebrate species from Douglas, Jackson, and Josephine Counties in Oregon, and Siskiyou and Trinity Counties in California, as an endangered species under the ESA. This rule adds this species to the Federal List of Endangered and Threatened Wildlife and applies the protections of the Act to this species. They are not designating critical habitat for the Franklin's bumble bee because they determined that such a designation would not be beneficial to the species. This rule is effective 23 September 2021. POC is Paul Henson, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Ave., Suite 100, Portland, OR 97266; tele 503-231-6179. [Federal Register 24 August 2021 [Rule] Pages 47221-47238)].
Aug 24, 2021
U.S. Fish and Wildlife Service are removing Cumberland sandwort (Arenaria cumberlandensis) from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that Cumberland sandwort has recovered and no longer meets the definition of an endangered or a threatened species under the ESA. The review shows that threats to the species identified at the time of listing (i.e., timber harvesting, trampling from recreational uses, and digging for archaeological artifacts) have been reduced to the point that they no longer pose a threat to the species, and the known range and abundance of Cumberland sandwort have increased. Their review also indicates that potential effects of projected climate change are not expected to cause the species to become endangered in the foreseeable future. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 15 September 2021. POC is Daniel Elbert, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; tele (931) 528-6481. (Federal Register 16 August 2021 [Rule] Pages 45685-45698).
Aug 02, 2021
NMFS issued a final rule to revise the critical habitat designation for the Southern Resident killer whale (Orcinus orca) distinct population segment (DPS) under the ESA by designating six additional coastal critical habitat areas along the U.S. West Coast. Specific newly designated areas along the U.S. West Coast include 15,910 square miles (mi2) (41,207 square kilometers (km2)) of marine waters between the 20-feet (ft) (6.1-meter (m)) depth contour and the 656.2-ft (200-m) depth contour from the U.S. international border with Canada south to Point Sur, California. They have excluded one area, the Quinault Range Site (including a 10-km buffer around a portion of the site), comprising 1,400.4 mi2 (3627 km2), from the critical habitat designation because we have determined that the benefits of exclusion outweigh the benefits of inclusion, and exclusion will not result in extinction of the species. This rule is effective 1 September 2021. POC is Lynne Barre, NMFS West Coast Region, 206-526-4745; or Lisa Manning, NMFS, Office of Protected Resources, 301-427-8466. (Federal Register 2 August 2021 [Rule] pages 414668-41698)
Jul 28, 2021
The Environmental Protection Agency (EPA or the Agency) is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into waters of the United States. Specifically, this action establishes monitoring requirements for dispersant use in response to major oil discharges and/or certain dispersant use situations in the navigable waters of the United States and adjoining shorelines, the waters of the contiguous zone, and the high seas beyond the contiguous zone in connection with activities under the Outer Continental Shelf Lands Act, activities under the Deepwater Port Act of 1974, or activities that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, including resources under the Magnuson Fishery Conservation and Management Act of 1976 ("navigable waters of the United States and adjoining shorelines. This final rule is effective on 24 January 2022. For more detailed information on this final rule contact Gregory Wilson at 202-564-7989 (wilson.gregory@epa.gov). (Federal Register 27 July 2021 [Rule] Pages 40234-40264).
Jul 02, 2021
USFWS designate critical habitat for the Suwannee moccasinshell (Medionidus walkeri) under the ESA. In total, approximately 190 miles (306 kilometers) of stream channels in Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, and Union Counties, Florida, and Brooks and Lowndes Counties, Georgia, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the Suwannee moccasinshell under the Act. This rule is effective 2 August 2021. Jay B. Herrington, Field Supervisor, USFWS, Panama City Ecological Services Field Office, 1601 Balboa Avenue, Panama City, FL 32405; tel 850-769-0552. (Federal Register 1 July 2021 [Rule] Pages 34979-34998)
USFWS are removing the Kanab ambersnail (Oxyloma haydeni kanabensis) from the Federal List of Endangered and Threatened Wildlife. This determination is based on a thorough review of the best available scientific information. Our review indicates that the Kanab ambersnail is not a valid subspecies and therefore cannot be listed as an endangered entity under the ESA. This rule is effective 26 July 2021. POC is Yvette Converse, Field Supervisor, tel: 801-975-3330. (Federal Register 24 June 2021 [Rule] Pages 33137-33142)
Jun 24, 2021
USFWS are removing Lepanthes eltoroensis (no common name), an orchid species from Puerto Rico, from the Federal List of Endangered and Threatened Plants, due to recovery. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 16 July 2021. POC is Edwin Muñiz, Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office. (Federal Register 16 June 2021 [Rule] Pages 31972-31986)
USFWS are removing water howellia (Howellia aquatilis) from the Federal List of Endangered and Threatened Plants. The best available scientific and commercial data indicate that threats to water howellia identified at the time of listing in 1994 are not as significant as originally determined and are being adequately managed. Therefore, the species no longer meets the definition of an endangered or a threatened species under the ESA. This determination is based on a thorough review of all available information, which indicates that this species' populations and distribution are much greater than were known at the time of listing and that threats to this species have been sufficiently minimized. This rule is effective 16 July 2021. POC is Jodi Bush, Office Supervisor, telephone: 406-449-5225. Direct all questions or requests for additional information to: WATER HOWELLIA QUESTIONS, U.S. Fish and Wildlife Service, Montana Ecological Services Field Office, 585 Shepard Way, Suite 1, Helena, MT 59601. (Federal Register 16 June 2021 [Rule] Pages 31955-31972)
Jun 22, 2021
USFWS determined that the beardless chinchweed (Pectis imberbis) is an endangered species under the ESA, and designate critical habitat. In total, approximately 10,604 acres (4,291 hectares) in Pima, Cochise, and Santa Cruz Counties, Arizona, fall within the boundaries of the critical habitat designation. This rule is effective 15 July 2021. POC is Jeff Humphrey, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 9828 North 31st Avenue, #C3, Phoenix, AZ 85051-2517. (Federal Register 15 June 2021 [Rule] Pages 31830-31868)
Jun 09, 2021
U.S. Fish and Wildlife Service listed two North Carolina species, the Carolina madtom (Noturus furiosus) as endangered, and the Neuse River waterdog (Necturus lewisi) as threatened, under the ESA. They also issue a rule under section 4(d) of the Act for the Neuse River waterdog, to provide for the conservation of this species. In addition, they designate critical habitat for both species under the Act. For the Carolina madtom, approximately 257 river miles (mi) (414 river kilometers (km)) fall within 7 units of critical habitat in Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Jones, Nash, Orange, Vance, Warren, and Wilson Counties, North Carolina. For the Neuse River waterdog, approximately 779 river mi (1,254 river km) fall within 18 units of critical habitat in Craven, Durham, Edgecombe, Franklin, Granville, Greene, Halifax, Johnston, Jones, Lenoir, Nash, Orange, Person, Pitt, Wake, Warren, Wayne, and Wilson Counties, North Carolina. This rule extends the Act's protections to these species and their designated critical habitats. This rule is effective 9 July 2021. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; tel 919-816-6408. (Federal Register 9 June 2021 [Rule] Pages 30688-30751).
Jun 04, 2021
EPA is adding three per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). This action implements the statutory mandate in the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 6 July 2021. POC is Daniel R. Ruedy, Data Gathering and Analysis Division, Mail Code 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 564-7974; email: ruedy.daniel@epa.gov. (Federal Register 3 June 2021 [Rule] Pages 29698-29701)
Jun 03, 2021
This action announces the EPA's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 17 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 26 May 2021. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7652; email: smith.glynda@epa.gov. (Federal Register 26 May 2021 [Rule] Pages 28277-28290)
May 27, 2021
This action announces the EPA approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 17 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 26 May 2021. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7652; email: smith.glynda@epa.gov. (Federal Register 26 May 2021 [Rule] Pages 28277-28290)
May 26, 2021
EPA is promulgating a Federal plan to implement the Emission Guidelines (EG) and Compliance Times for Municipal Solid Waste (MSW) Landfills (2016 MSW Landfills EG) for existing MSW landfills located in states and Indian country where state plans or tribal plans are not in effect. This MSW Landfills Federal Plan includes the same elements as required for a state plan: Identification of legal authority and mechanisms for implementation; inventory of designated facilities; emissions inventory; emission limits; compliance schedules; a process for the EPA or state review of design plans for site-specific gas collection and control systems (GCCS); testing, monitoring, reporting and record keeping requirements; and public hearing requirements. Additionally, this action summarizes implementation and delegation of authority of the MSW Landfills Federal Plan. The final rule is effective on 21 June 2021. For questions about this final action, contact Andrew Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4161; email: sheppard.andrew@epa.gov. (Federal Register 21 May 2021 [Rule] Pages 27756-27790).
May 24, 2021
The Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The Clean Water Act (CWA) requires EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods is incorporating technological advances in analytical technology. This final rule is effective 19 July 2021. POC is Meghan Hessenauer, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001; tel: 202-566-1040; email: Hessenauer.Meghan@epa.gov. (Federal Register: 19 May 2021 [Rule] Pages 27226-27260)
May 17, 2021
The Environmental Protection Agency (EPA) is rescinding the final rule entitled "Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process." The EPA is rescinding the rule because the changes advanced by the rule were inadvisable, untethered to the CAA, and not necessary to effectuate the purposes of the Act. This rule is effective June 14, 2021. POC is Leif Hockstad, Office of Air Policy and Program Support, Office of Air and Radiation, U.S. EPA, Mail Code 6103A, 1200 Pennsylvania Avenue NW, Washington, DC 20460; (202) 343-9432; email: hockstad.leif@epa.gov. (Federal Register 14 May 2021 [Rule] Pages 26406-26419)
May 05, 2021
USFWS announced findings that three salamander species, the Samwel salamander (Hydromantes samweli), Shasta salamander, (H. shastae), and Wintu salamander (H. wintu), are not warranted for listing as endangered or threatened species under the ESA . However, they ask the public to submit to us at any time any new information relevant to the status of any of the three species or their habitats. The findings in this document were made on 5 May 2021. POC is Jenny Ericson, Field Supervisor, USFWS, Yreka Fish and Wildlife Office, 1829 S Oregon St., Yreka, CA 96097; tel: 530-841-3115. (Federal Register 5 May 2021 [Proposed Rule] Pages 23869-23872).
May 04, 2021
USFWS, designated critical habitat for the northern Mexican gartersnake (Thamnophis eques megalops) under the ESA. In total, approximately 20,326 acres (8,226 hectares) in La Paz, Mohave, Yavapai, Gila, Cochise, Santa Cruz, and Pima Counties, Arizona, and Grant County, New Mexico, fall within the boundaries of the critical habitat designation for the northern Mexican gartersnake. This rule extends the Act's protections to the northern Mexican gartersnake's designated critical habitat. This rule is effective 28 May 2021. Jeff Humphrey, Field Supervisor, USFWS, Arizona Ecological Services Field Office, 9828 North 31st Ave #C3, Phoenix, AZ 85051-2517; tel 602-242-0210. (Federal Register 28 April 2021 [Rule] pages 22518-22580)
USFWS are delaying the effective date of a final rule we published on 15 January 2021, revising the designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) under the ESA. This second delay is necessary to avoid placing undue risk on the conservation of northern spotted owl caused by allowing exclusions from its designated critical habitat to go into effect while the Service prepares a revision or withdrawal of the 15 January 2021, rule through additional rulemaking to address apparent defects; this second delay is also necessary to avoid confusion and disruption with Federal agencies in the implementation of section 7 of the ESA while the Service initiates and completes the rulemaking process for revising or withdrawing the 15 January 2021, rule. As of 29 April 2021, the effective date of the final rule published 15 January 2021, at 86 FR 4820, and delayed on 1 March 2021 (86 FR 11892), is further delayed until 15 December 2021. POC Paul Henson, State Supervisor, USFWS, Portland, OR 97030, tel 503-231-6179. (Federal Register 30 April 2021 [Rule] pages 22876-22882).
Apr 30, 2021
USFWS determined endangered species status under the ESA, for the Yangtze sturgeon (Acipenser dabryanus). Loss of individuals due to overharvesting on the Yangtze River is the main factor that contributed to the historical decline of the species. Despite conservation efforts, this species is still currently in decline, due primarily to the effects of dams and bycatch. This rule adds the Yangtze sturgeon to the List of Endangered and Threatened Wildlife. This rule is effective 26 May 2021. POC is Maricela Constantino, Acting Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tel: 703-358-2171. (Federal Register: 26 April 2021 [Rule] pages 21950-21961).
Apr 29, 2021
NMFS issued this final rule to designate critical habitat for the endangered Western North Pacific distinct population segment (DPS), the endangered Central America DPS, and the threatened Mexico DPS of humpback whales (Megaptera novaeangliae) pursuant to section 4 of the ESA. Specific areas designated as critical habitat for the Western North Pacific DPS of humpback whales contain approximately 59,411 square nautical miles (nmi2) of marine habitat in the North Pacific Ocean, including areas within the eastern Bering Sea and Gulf of Alaska. Specific areas designated as critical habitat for the Central America DPS of humpback whales contain approximately 48,521 nmi2 of marine habitat in the North Pacific Ocean within the portions of the California Current Ecosystem off the coasts of Washington, Oregon, and California. Specific areas designated as critical habitat for the Mexico DPS of humpback whales contain approximately 116,098 nmi2 of marine habitat in the North Pacific Ocean, including areas within portions of the eastern Bering Sea, Gulf of Alaska, and California Current Ecosystem. This rule becomes effective on 21 May 2021. POC is Lisa Manning, NMFS, Office of Protected Resources, 301-427-8466. (Federal Register: 21 April 2021 [Rule] pages 21082-21157)
U.S. Fish and Wildlife Service (USFWS), designated critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus americanus) under the ESA. In total, approximately 298,845 acres (120,939 hectares) are now being designated as critical habitat in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. This rule extends the Act's protections to critical habitat for this species. This rule is effective 21 May 2021. POC is Michael Fris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, California 95825; or by telephone 916-414-6600. (Federal Register: 21 April 2021 [Rule] pages 20798-21005)
Apr 08, 2021
USFWS designated critical habitat for the yellow lance (Elliptio lanceolata) under the ESA. In total, approximately 319 river miles (mi) (514 kilometers (km)) fall within 11 units of critical habitat in Franklin, Granville, Halifax, Johnston, Nash, Vance, Wake, and Warren Counties, North Carolina; Brunswick, Craig, Culpeper, Dinwiddie, Fauquier, Louisa, Lunenburg, Madison, Nottoway, Orange, and Rappahannock Counties, Virginia; and Howard and Montgomery Counties, Maryland. This rule extends the Act's protections to the yellow lance's designated critical habitat. This rule is effective 10 May 2021. POC is Pete Benjamin, Field Supervisor, U.S. Fish and Wildlife Service, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; telephone 919-856-4520. (Federal Register: 8 April 2021 [Rule] Pages 18189-18215)
Apr 07, 2021
USFWS designated critical habitat for the candy darter (Etheostoma osburni) under the ESA. In total, approximately 593 stream kilometers (368 stream miles) in Virginia and West Virginia fall within the boundaries of the critical habitat designation. The effect of this final rule is to designate critical habitat under the Act for the candy darter, an endangered species of fish. This rule becomes effective on 7 May 2021. POC is Acting Field Supervisor, U.S. Fish and Wildlife Service, West Virginia Ecological Services Field Office, 90 Vance Drive, Elkins, WV 26241; tel: 304-636-6586. (Federal Register 7 April 2021 [Rule] Pages 17956-17992).
Mar 29, 2021
This final rule establishes the initial air quality designations for certain areas in the United States (U.S.) for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The Environmental Protection Agency (EPA) is designating the areas as either nonattainment, attainment/unclassifiable, or unclassifiable. The designations are based on application of the EPA's nationwide analytical approach and technical analysis, including evaluation of monitoring data and air quality modeling, to determine the appropriate designation and area boundary based on the weight of evidence for each area. The Clean Air Act (CAA or Act) directs areas designated as nonattainment to undertake certain planning and pollution control activities to attain the SO2 NAAQS as expeditiously as practicable. This is the fourth and final set of actions to designate areas of the U.S. for the 2010 SO2 NAAQS; there are no remaining undesignated areas in the U.S. for the 2010 SO2 NAAQS. POC is Corey Mocka, EPA Office of Air Quality Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539-04, Research Triangle Park, NC 27711; tel: (919) 541-5142; email: mocka.corey@epa.gov. The final rule is effective on 30 April 2021. (Federal Register: 26 March 2021 [Rule] Pages 16055-16075)
Mar 25, 2021
EPA is adopting three technical standards developed by SAE International (SAE) for equipment that recovers, recycles, and/or recharges the refrigerant 2,3,3,3-Tetrafluoroprop-1-ene (HFO-1234yf or R-1234yf) in motor vehicle air conditioners (MVACs). The three standards are SAE J2843, SAE J2851, and SAE J3030. This rule adopts the most current versions of these standards by incorporating them by reference into the regulations under Title VI of the Clean Air Act (CAA). This will provide additional flexibility for industry stakeholders that wish to select recovery and recycling equipment certified to these standards. This final rule is effective on 23 April 2021. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), EPA 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: 202-564-7768; email: farquharson.chenise@epa.gov. (Federal Register 24 March 2021 [Rule] Pages 15587-15596).
Mar 12, 2021
EPA is issuing a short delay of the 16 March 2021, effective date of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published in the Federal Register on 15 January 2021. The LCRR will now become effective on 17 June 2021. This final rule does not change the compliance date of 16 January 2024. This delay in the effective date is consistent with Presidential directives issued on 20 January 2021, to heads of Federal agencies to review certain regulations, including the LCRR. The sole purpose of this delay is to enable EPA to take public comment on a longer extension of the effective date for EPA to undertake its review of the rule in a deliberate and thorough manner consistent with the public health purposes of the Safe Drinking Water Act and the terms and objectives of recent Presidential directives and in consultation with affected stakeholders. As of 12 March 2021, the effective date of the final rule published 15 January 2021, at 86 FR 4198, is delayed until 17 June 2021. POC is Jeffrey Kempic, Office of Ground Water and Drinking Water, Standards and Risk Management Division, at (202) 564-3632 or email kempic.jeffrey@epa.gov. (Federal Register 12 March 2021 [Rule] Pages 14003-14006).
Mar 09, 2021
USFWS determine endangered species status for the Missouri distinct population segment (DPS) of eastern hellbender (Cryptobranchus alleganiensis alleganiensis), a salamander species. This rule adds this DPS of this species to the Federal List of Endangered and Threatened Wildlife. This rule is effective 8 April 2021. POC is Karen Herrington, Field Supervisor, Missouri Ecological Services Field Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203; tel: 573-234-2132. (Federal Register 9 March 2021 [Rule] Pages 13465-13475.
Mar 08, 2021
USFWS removed Bradshaw's lomatium (Lomatium bradshawii, also known as Bradshaw's desert parsley), a plant found in western Oregon and southwestern Washington, from the Federal List of Endangered and Threatened Plants. Their review of the best available scientific and commercial data indicates that the threats to Bradshaw's lomatium have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. This rule is effective 7 April 2021. Paul Henson, State Supervisor, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tel: 503-231-6179. (Federal Register: 8 March 2021 [Rule] pages 13200-13215)
Feb 09, 2021
On 7 January 2021, FWS, published a final rule ("MBTA rule") defining the scope of the MBTA as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA. FWS are delaying the MBTA rule's effective date until 8 March 2021, in conformity with the Congressional Review Act (CRA). They request public comments to inform our review of this final rule and to determine whether the further extension of the effective date is necessary. As of 5 February 2021, the effective date of the rule that published on 7 January 2021, at 86 FR 1134, is delayed until 8 March 2021. POC is Jerome Ford, Assistant Director, Migratory Birds, at 202-208-1050. (Federal Register: 9 February 2021 [Rule] Pages 8715-8717)
Jan 19, 2021
EPA is publishing final regulatory revisions to the NPDWR for lead and copper under the authority of the SDWA. These revised requirements provide greater and more effective protection of public health by reducing exposure to lead and copper in drinking water. The rule will better identify high levels of lead, improve the reliability of lead tap sampling results, strengthen corrosion control treatment requirements, expand consumer awareness and improve risk communication. This final rule requires, for the first time, community water systems to conduct lead-in-drinking-water testing and public education in schools and child care facilities. In addition, the rule will accelerate lead service line replacements by closing existing regulatory loopholes, propelling early action, and strengthening replacement requirements. This final rule is effective as of 16 March 2021. For judicial review purposes, this final rule is promulgated as of 15 January 2021. POC is Jeffrey Kempic, Standards and Risk Management Division, Office of Ground Water and Drinking Water, EPA, 1200 Pennsylvania Ave. NW, Mail Code 4607M, Washington, DC 20460; tel: (202) 564-4880; email: Kempic.Jeffrey@EPA.gov. (Federal Register: 15 January 2021 [Rule] Pages 4198-4312).
EPA is finalizing amendments to the Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After 23 July 1984. EPA is finalizing specific amendments that would allow owners or operators of storage vessels subject to the Standards of Performance for Volatile Organic Liquid Storage Vessels and equipped with either an external floating roof (EFR) or internal floating roof (IFR) to voluntarily elect to comply with the requirements specified in the National Emission Standards for Storage Vessels (Tanks)--Control Level 2, as an alternative standard, in lieu of the requirements specified in the Standards of Performance for Volatile Organic Liquid Storage Vessels, subject to certain caveats and exceptions for monitoring, recordkeeping, and reporting. The final rule is effective on 19 January 2021. POC Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: number: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register 19 January 2021 [Rule] pages 5013-5019).
Jan 13, 2021
In this final action, the EPA is finalizing a significant contribution finding (SCF) for purposes of regulating source categories for GHG emissions, under section 111(b) of the CAA for electric generating units (EGUs), and in doing so, reaffirming that EGUs remain a listed source category. The EPA has reached that conclusion by articulating a framework under which source categories are considered to contribute significantly to dangerous air pollution due to their GHG emissions if the amount of those emissions exceeds 3 percent of total U.S. GHG emissions. The EPA is applying the 3-percent threshold to the EGU source category to demonstrate that GHG emissions from the EGU source category would contribute significantly to dangerous air pollution. While EGU GHG emissions exceed this threshold by a sufficient magnitude to warrant an SCF without more ado, the EPA has also, for completeness, analyzed EGU emissions under a secondary criteria framework, which also demonstrates the propriety of the SCF. The final rule is effective on 15 March 2021. POC is Mr. Christopher Werner, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-5133 and email: werner.christopher@epa.gov. (Federal Registry 13 January 2021 [Rule] Pages 2542-2558)
USFWS are removing the inland population of the least tern (Interior least tern) (Sterna (now Sternula) antillarum), from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicates that the Interior least tern has recovered and the threats to the Interior least tern have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or threatened species under ESA. Accordingly, the prohibitions and protections provided by the Act will no longer apply to the Interior least tern. This rule is effective 12 February 2021. Stephen Ricks, Field Supervisor, USFWS, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; tel (601) 321-1122. (Federal Register: 13 January 2021 [Rule] Pages 2564-2581)
Jan 11, 2021
UFWS define the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the injury or death of migratory birds protected by the Act. USFWS determine that the MBTA's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same, apply only to actions directed at migratory birds, their nests, or their eggs. This rule is effective 8 February 2021. POC is Jerome Ford, Assistant Director, Migratory Birds, tele: 202-208-1050. (Federal Register 1 January 2021 [Rule] Pages 1134-1165)
Reducing childhood lead exposure is a priority for the EPA. As part of EPA's efforts to reduce childhood lead exposure, and in coordination with the President's Task Force on Environmental Health Risks and Safety Risks to Children, EPA reevaluated the 2001 dust-lead clearance levels (DLCL). Clearance levels indicate the amount of lead in dust on a surface following the completion of an abatement activity. Surface dust is collected via dust wipe samples that are sent to a laboratory for analysis to determine whether clearance has been achieved. The post-abatement dust-lead levels are evaluated against, and must be below, the applicable clearance levels. The DLCL have not changed since they were issued in 2001. EPA is finalizing its proposal to lower the DLCL from 40 micrograms of per square foot (µg/ft2) to 10 µg/ft2 for floors, and from 250 µg/ft2 to 100 µg/ft2 for window sills. This final rule is effective 8 March 2021. POC is Claire Brisse, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics (Mailcode 7404T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-9004; email: brisse.claire@epa.gov. (Federal Register 7 January 2021 [Rule] Pages 983-994).
Jan 04, 2021
HMSA is amending the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and agency review of compressed gas cylinder regulations. Specifically, PHMSA is incorporating by reference or updating the references to several Compressed Gas Association publications, amending the filling requirements for compressed and liquefied gases, expanding the use of salvage cylinders, and revising and clarifying the manufacture and requalification requirements for cylinders. Effective date is 27 January 2021. POC is Eamonn Patrick, Standards and Rulemaking Division, USDOT, 1200 New Jersey Avenue SE, Washington, DC 20590, tele: (202) 366-8553. (Federal Register 28 Dec 2020 [Rule] Pages 85380-85437).
USFWS is reclassifying the June sucker (Chasmistes liorus) from endangered to threatened under the ESA, due to substantial improvements in the species' overall status since its original listing as endangered in 1986. This action is based on a thorough review of the best scientific and commercial data available, which indicates that the June sucker no longer meets the definition of an endangered species under the Act. The June sucker will remain protected as a threatened species under the Act. This rule is effective 3 February 2021. POC is Yvette Converse, Field Supervisor, Utah Ecological Services Field Office, 2369 Orton Circle, Suite 50, West Valley City, UT 84119; tele: 801-975-3330. (Federal Register 4 January 2021 [Rule] Pages 192-212).
Based on the Environmental Protection Agency's (EPA's) review of the air quality criteria and the national ambient air quality standards (NAAQS) for photochemical oxidants including ozone (O3), the EPA is retaining the current standards, without revision. This final action is effective 31 December 2020. POC is Dr. Deirdre Murphy, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, EPA, Mail Code C504-06, Research Triangle Park, NC 27711; tele: (919) 541-0729; email: murphy.deirdre@epa.gov. (Federal Register 31 December 2020 [Rule] Pages 87256-87351).
Dec 29, 2020
EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 23 December 2020. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email:smith-watts.david@epa.gov. (Federal Register 23 December 2020 [Rule] Pages 83818-83821)
Dec 23, 2020
EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may seek, as appropriate given the facts of particular cases and applicable agency penalty policies. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 23 December 2020. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email:smith-watts.david@epa.gov. (Federal Register 23 December 2020 [Rule] Pages 83818-83821)
Dec 18, 2020
USFWS amended portions of their regulations that implement section 4 of the ESA. The revisions set forth a process for excluding areas of critical habitat under section 4(b)(2) of the Act, which mandates their consideration of the impacts of designating critical habitat and permits exclusions of particular areas following a discretionary exclusion analysis. These regulations outline when and how the Service will undertake an exclusion analysis, including identifying a non-exhaustive list of categories of potential impacts that they will consider. This rule, reflects agency experience, codifies some current agency practices, makes some modifications to current agency practice, and responds to applicable Supreme Court case law. The intended effect of this rule is to provide greater transparency and certainty for the public and stakeholders. This final regulation is effective on 19 January 2021. POC is Gary Frazer, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240, tel: 202/208-4646. (Federal Register 18 December 2020 [Rule] Pages 82376-82389)
Dec 16, 2020
USFWS and NMFS, added a definition of "habitat" to their regulations that implement section 4 of the ESA. This rulemaking responds to Supreme Court case law regarding the designation of critical habitat and provides transparency, clarity, and consistency for stakeholders. This final regulation is effective on 15 January 2021. POCs are Gary Frazer, USFWS, Department of the Interior, Washington, DC 20240, tel: (202) 208-4646; or Samuel D. Rauch, III, NMFS, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: (301) 427-8403. (Federal Register 16 December 2020 [Rule] Pages 81411-81421)
Dec 15, 2020
U.S. Fish and Wildlife Service announces a 12-month finding on a petition to list the northern spotted owl (Strix occidentalis caurina) as an endangered species under the ESA. After a thorough review of the best available scientific and commercial information, they find that reclassification of the northern spotted owl from a threatened species to an endangered species is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. They will develop a proposed rule to reclassify the northern spotted owl as our priorities allow. The finding in this document was made on 15 December 2020. POC is Paul Henson, State Supervisor, Oregon Fish and Wildlife Office, tel: 503-231-6179, email: paul_henson@fws.gov. (Federal Register 15 December 2020 [Rule] Pages 81144-81152)
Dec 04, 2020
The DOE is updating its NEPA implementing procedures pertaining to authorizations issued under the Natural Gas Act (NGA). These changes will improve the efficiency of the DOE decision-making process by saving time and expense in the NEPA compliance process and eliminating unnecessary environmental documentation for these actions that DOE has determined normally do not have significant effects. This final rule is effective 4 January 2021. POC is Mr. Mark J. Matarrese, Office of Fossil Energy, Mark.Matarrese@hq.doe.gov, 202-586-0491. (Federal Register: 4 December 2020 [Rule] Pages 78197-78205).
This action updates many of EPA's existing gasoline, diesel, and other fuel quality programs to improve overall compliance assurance and maintain environmental performance, while reducing compliance costs for industry and EPA. EPA is streamlining existing fuel quality regulations by removing expired provisions, eliminating redundant compliance provisions (e.g., duplicative registration requirements that are required by every EPA fuels program), removing unnecessary and out-of-date requirements, and replacing them with a single set of provisions and definitions that applies to all gasoline, diesel, and other fuel quality programs. This action does not change the stringency of the existing fuel quality standards. This rule is effective on 1 January 2021, except for amendatory instructions 48, 51, and 52, which are effective on 4 December 2020, and amendatory instructions 16, 18, and 19, which are effective on 1 January 2022. POC is Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: 734-214-4479; email: parsons.nick@epa.gov. (Federal Register: 4 December 2020 [Rule] Pages 78412-78538)
Nov 30, 2020
The EPA is amending the TSCA Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports to 29 January 2021. This is the final extension for the 2020 submission period only. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances. This final rule is effective 25 November 2020. POC is Susan Sharkey, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 564-8789; email: sharkey.susan@epa.gov. (Federal Register 25 November 2020 [Rule] Pages 75235-75238)
Nov 20, 2020
This rule finalizes amendments to the General Provisions that apply to National Emission Standards for Hazardous Air Pollutants (NESHAP). These amendments implement the plain language reading of the "major source" and "area source" definitions of section 112 of the Clean Air Act (CAA) and provide that a major source can be reclassified to area source status at any time upon reducing its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP. This rule also finalizes amendments to clarify the compliance dates, notification, and recordkeeping requirements that apply to sources choosing to reclassify to area source status and to sources that revert back to major source status, including a requirement for electronic notification. This final rule is effective on 19 January 2021. POC Ms. Elineth Torres, Sector Policies and Programs Division (D205-02), Office of Air Quality Planning and Standards, USEPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4347; and email address: torres.elineth@epa.gov. Click for more Information
Nov 19, 2020
USDA, Forest Service is adopting a final rule amending its NEPA regulations. The final rule establishes new and revised categorical exclusions (pertaining to certain special use authorizations, infrastructure management activities, and restoration and resilience activities) and adds the determination of NEPA adequacy provision to the Agency's NEPA regulations. These amendments will increase efficiency in the Agency's environmental analysis and decision-making while meeting NEPA's requirements and fully honoring the Agency's environmental stewardship responsibilities. Public comment has informed and improved the final rule. This rule is effective 19 November 2020. POC is Christine Dawe; Director, Ecosystem Management Coordination; 406-370-8865. (Federal Register: 19 November 2020 [Rule] Pages 73620-73632).
Nov 03, 2020
U.S. Fish and Wildlife Service have evaluated the classification status of the gray wolf entities currently listed in the lower 48 United States and Mexico under the ESA. Based on that evaluation, they are removing the gray wolf entities in the lower 48 United States and Mexico, except for the Mexican wolf (C. l. baileyi), that are currently on the List of Endangered and Threatened Wildlife. The effect of this rulemaking action is that C. lupus is not classified as a threatened or endangered species under the Act. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. In addition, they announce a 90-day finding on a petition to maintain protections for the gray wolf in the lower 48 United States as endangered or threatened distinct population segments. Based on our review, they find that the petition does not present substantial scientific or commercial information indicating the petitioned actions may be warranted. Therefore, they are not initiating status reviews of the petitioned entities in response to the petition. This rule is effective 4 January 2021. POC is Bridget Fahey, Chief, Division of Classification and Conservation, Ecological Services, USFWS, Headquarters Office, MS: ES, 5275, Leesburg Pike, Falls Church, VA 22041-3803; tel: 703-358-2163. (Federal Register: 3 November 2020 [Rule] Pages 69778-69895)
Nov 02, 2020
EPA is publishing this final rule to postpone the compliance deadlines for implementation of Phase 2 of the NPDES Electronic Reporting Rule ("NPDES eRule"). The NPDES eRule requires EPA and states to modernize CWA reporting. This final rule also provides states with additional flexibility to request additional time as needed. Further, this final rule promulgates clarifying changes to the NPDES eRule and eliminates some duplicative or outdated reporting requirements. Taken together, these changes are designed to save the NPDES authorized programs considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals, ensure full exchange of NPDES program data between states and EPA, enhance public transparency, improve environmental decision-making, and protect human health and the environment. The final rule is effective on 4 January 2021. POC is Mr. Carey A. Johnston, Office of Compliance (mail code 2222A), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 202-566-1014; or email: johnston.carey@epa.gov. (Federal Register: 2 November 2020 [Rule] pages 69189-69206).
Oct 29, 2020
USDA is adopting a final rule to exempt the Tongass National Forest from the 2001 Roadless Area Conservation Rule (2001 Roadless Rule), which prohibits timber harvest and road construction/reconstruction with limited exceptions within designated inventoried roadless areas. In addition, the rule directs an administrative change to the timber suitability of lands deemed unsuitable, solely due to the application of the 2001 Roadless Rule, in the 2016 Tongass National Forest Land and Resource Management Plan (Tongass Forest Plan or Forest Plan), Appendix A. The rule does not authorize any ground-disturbing activities, nor does it increase the overall amount of timber harvested from the Tongass National Forest. This rule is effective 29 October 2020. POC is Ken Tu, Interdisciplinary Team Leader, at 303-275-5156 or akroadlessrule@usda.gov. (Federal Register: 29 October 2020 [Rule] pages 68688-68703)
Oct 22, 2020
The Bureau of Reclamation (Reclamation) is amending its regulations to add a definition for electric bikes (E-bikes) and exclude E-bikes from the regulatory definition of an off-road vehicle where E-bikes are being used on roads and trails where mechanized, non-motorized use is allowed, where E-bikes are not propelled exclusively by a motorized source, and appropriate Reclamation Regional Directors expressly determine through a formal decision that E-bikes should be treated the same as non-motorized bicycles. This change facilitates increased E-bike use where other types of bicycles are allowed in a manner consistent with existing use of Reclamation land, and increases recreational opportunities for all Americans, especially those with physical limitations. This rulemaking is effective 23 November 2020. POC: Ryan Alcorn, Asset Management Division, Bureau of Reclamation, tel: (303) 445-2711; email: ralcorn@usbr.gov. (Federal Register: 23 November 2020 [Rule] Pages 67294-67299)
Oct 15, 2020
USFWS reclassify (downlist) the American burying beetle (Nicrophorus americanus) from endangered to threatened on the Federal List of Endangered and Threatened Wildlife. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to this species have been reduced to the point that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is likely to become so within the foreseeable future. They also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the American burying beetle. This rule is effective 16 November 2020. POC Jonna Polk, Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 East 21st St., Tulsa, OK 74129; tel: 918-382-4500. (Federal Register 15 October 2020 [Rule] Pages 65241-65261)
Oct 13, 2020
EPA is correcting a final rule that appeared in the Federal Register on 26 March 2020. The EPA finalized the residual risk and technology review (RTR) conducted for the Municipal Solid Waste (MSW) Landfills source category regulated under national emission standards for hazardous air pollutants (NESHAP). This action corrects inadvertent errors in the cross-referencing and formatting in the Federal Register; as well as clarifies two operational and reporting requirements in the final rule. This action also revises the heading of 40 CFR part 60, subpart WWW as described in the final rule. The corrections and clarifications described in this action do not affect the substantive requirements of the regulations or the results of the RTR conducted for the MSW Landfills source category. This final rule is effective on 12 November 2020. POC is Andrew Sheppard, Natural Resources Group, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4161; fax: (919) 541-0516; and email: Sheppard.Andrew@epa.gov. (Federal Register: 13 October 2020 [Rule] Page 64398-64401).
USFWS announced a 12-month finding on a petition to list the Puerto Rican harlequin butterfly (Atlantea tulita), a species from Puerto Rico, as a threatened species and designate critical habitat under the ESA. USFWS propose to list the Puerto Rican harlequin butterfly as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If they finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They also propose to designate critical habitat for the Puerto Rican harlequin butterfly under the Act. In total, approximately 41,266 acres (16,699.8 hectares) in six units in the municipalities of Isabela, Quebradillas, Camuy, Arecibo, Utuado, Florida, Ciales, Maricao, San Germán, Sabana Grande, and Yauco are within the boundaries of the proposed critical habitat designation. USFWS will accept comments received or postmarked on or before 14 December 2020. POC is Edwin Muñiz, Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, P.O. Box 491, Road 301 km 5.1, Boquerón, PR 00622; tel: 787-851-7297. (Federal Register: 13 October 2020 [Proposed Rule] Pages 64908-64937)
USFWS withdraw the proposed rule to list the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States as a threatened species under the ESA. This withdrawal is based on their conclusion that the factors affecting the species as identified in the proposed rule are not as significant as believed at the time of the proposed rule. They base this conclusion on our analysis of current and future threat factors. They also find that North American wolverines occurring in the contiguous United States do not qualify as a DPS. Therefore, They are withdrawing our proposal to list the wolverine within the contiguous United States as a threatened species. The proposed rule that published 4 February 2013 (78 FR 7864), to list the distinct population segment of the North American wolverine occurring in the contiguous United States as a threatened species is withdrawn on 13 October 2020. POC is Jodi Bush, Field Supervisor, U.S. Fish and Wildlife Service, Montana Ecological Services Office. (Federal Register 13 October 2020 [Proposed Rule] Pages 64618-64648).
Oct 08, 2020
USFWS determined threatened species status under the ESA for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), a small mammal from coastal California and Oregon. They also issue final regulations that are necessary and advisable to provide for the conservation of this DPS under section 4(d) of the Act (a "4(d) rule"). This final rule extends the Act's protections to the coastal DPS of Pacific marten, subject to the 4(d) rule's exceptions. This rule is effective 9 November 2020. POC is Dan Everson, Field Supervisor, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office. (Federal Register 8 October 2020 [Rule] Pages 63806-63831)
USFWS determined threatened species status under the ESA for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), a small mammal from coastal California and Oregon. They also issue final regulations that are necessary and advisable to provide for the conservation of this DPS under section 4(d) of the Act (a "4(d) rule"). This final rule extends the Act's protections to the coastal DPS of Pacific marten, subject to the 4(d) rule's exceptions. This rule is effective 9 November 2020. POC is Dan Everson, Field Supervisor, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office. (Federal Register 8 October 2020 [Rule] Pages 63806-63831)
USFWS determined threatened species status for the eastern black rail (Laterallus jamaicensis jamaicensis) under the ESA. Accordingly, they list the eastern black rail, a bird subspecies known from as many as 35 States, the District of Columbia, Puerto Rico, Canada, Brazil, and several countries in the Caribbean and Central America, as a threatened species under the Act. The effect of this regulation will be to add this subspecies to the List of Endangered and Threatened Wildlife. They also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the eastern black rail. They have determined that designation of critical habitat for the eastern black rail is not prudent. This rule is effective 9 November 2020. POC is Tom McCoy, Field Supervisor, South Carolina Ecological Services Field Office, 176 Croghan Spur Road, Suite 200, Charleston, SC 29407; tel: 843-727-4707. (Federal Register: 8 October 2020 [Rule] Pages 63764-63803)
Sep 30, 2020
USFWS designated critical habitat for the trispot darter (Etheostoma trisella) under the ESA. They are designating as critical habitat for this species six units, totaling approximately 175.4 miles (282.3 kilometers) of streams and rivers and 9,929 acres (4,018 hectares), in Calhoun, Cherokee, Etowah, and St. Clair Counties in Alabama; Gordon, Murray, and Whitfield Counties in Georgia; and Bradley and Polk Counties in Tennessee. This rule extends the Act's protections to the trispot darter's designated critical habitat. This rule is effective 30 October 2020. POC is William Pearson, Field Supervisor, USFWS, tel: 251-441-5184. (Federal Register: 30 September 2020 (Rule) Pages 61619-61638)
Sep 25, 2020
EPA is designating one ocean dredged material disposal site (ODMDS), the Isles of Shoals North Disposal Site (IOSN), located in the Gulf of Maine off the coast of southern Maine and New Hampshire, pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA). This action is necessary to serve the long-term need for an ODMDS for the possible future disposal of suitable dredged material from harbors and navigation channels in southern Maine, New Hampshire, and northern Massachusetts. The basis for this action is described herein and in the Final Environmental Assessment (FEA). The FEA identifies designation of the IOSN as the preferred alternative from the range of options considered. The Site Management and Monitoring Plan (SMMP) is provided as Appendix G of the FEA. The Final rule is effective on 26 October 2020. POC is Ms. Regina Lyons, EPA, Region 1, 5 Post Office Square, Suite 100, Mail Code: 06-1, Boston, MA 02109-3912, tel: (617) 918-1557; email: lyons.regina@epa.gov. (Federal Register: 25 September 2020 [Rule] Pages 60370-60383)
Sep 09, 2020
EPA is finalizing amendments to the electronic reporting requirements for the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units (also known as the Mercury and Air Toxics Standards (MATS)). This action revises and streamlines the electronic data reporting requirements of MATS, increases data transparency by requiring use of one electronic reporting system instead of two separate systems, and provides enhanced access to MATS data. No new monitoring requirements are imposed by this final action; instead, this action reduces reporting burden, increases MATS data flow and usage, makes it easier for inspectors and auditors to assess compliance, and encourages wider use of continuous emissions monitoring systems (CEMS) for MATS compliance. In addition, this final action extends the current deadline for alternative electronic data submission via portable document format (PDF) files through 31 December 2023. This final rule is effective on 9 September 2020. Mr. Barrett Parker, Sector Policies and Programs Division (D243-05), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; tel: (919) 541-5635; email: parker.barrett@epa.gov. (Federal Register: 9 September 2020 [Rule] Pages 55744-55780)
Sep 08, 2020
EPA is taking final action to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources subject to requirements of the State of Alaska. The State of Alaska's requirements discussed in this document and listed in the appendix to the Federal OCS air regulations, are approved for incorporated into the compilation of state provisions that is incorporated by reference. This rule is effective on 8 October 2020. POC is Natasha Greaves, (206) 553-7079, or by email at greaves.natasha@epa.gov. (Federal Register 8 September 2020 [Final] Pages 55377-55380)
Sep 01, 2020
USFWS have reconsidered whether designating critical habitat for the rusty patched bumble bee (Bombus affinis) would be prudent. On 11 January 2017, they published a final rule listing the rusty patched bumble bee as an endangered species under the ESA. In that final rule, they stated that designation of critical habitat may be prudent, but not determinable. They have now determined that such a designation would not be prudent. The present or threatened destruction, modification, or curtailment of habitat is not the primary threat to the species, and the availability of habitat does not limit the conservation of the rusty patched bumble bee now, nor will it in the future. The determination announced in this document was made on 1 September 2020. POC is Sarah Quamme, Field Supervisor, Minnesota-Wisconsin Ecological Services Field Office, U.S. Fish and Wildlife Service, 4101 American Blvd. E, Bloomington, MN 55425; tel: 952-252-0092. (Federal Register: 1 September 2020 [Rule] Pages 54281-54285)
Aug 11, 2020
The U.S. Department of Agriculture is correcting a final rule that appeared in the Federal Register on 10 July 2020. The final rule amends existing special use regulations to implement section 512 of the Federal Land Policy and Management Act, as added by section 211 of division O, Consolidated Appropriations Act, 2018 (hereinafter "section 512"). Section 512 governs the development and approval of operating plans and agreements for maintenance and vegetation management of electric transmission and distribution line facilities (powerline facilities) on National Forest System (NFS) lands inside the linear boundary of special use authorizations for powerline facilities and on abutting NFS lands to remove or prune hazard trees. Effective 10 August 2020. POC is Reggie Woodruff, Energy Program Manager, Lands and Realty Management, 202-205-1196 or reginal.woodruff@usda.gov. (Federal Registry: 11 August 2020 [Rule] pages 48475-48476)
Jul 23, 2020
USFWS announced findings that four species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, USFWS find that it is not warranted at this time to list the Upper Missouri River DPS of Arctic grayling, Elk River crayfish, rattlesnake-master borer moth, and northern Virginia well amphipod. The findings in this document were made on 23 July 2020. (Federal Register: 23 July 2020 [Rule] Pages 44478-44483).
Jul 22, 2020
On 7 July 2020, the EPA revised the NESHAP: Organic Liquids Distribution (Non-Gasoline) Residual Risk and Technology Review. A set of amendatory instructions and one reference to a standard approved for incorporation by reference were removed during the review and publication process but the related standard reference was not removed. In addition, subsequent amendatory instructions were not properly revised to reflect the edits. This document corrects the final regulations. This final rule is effective on 22 July 2020. The incorporation by reference (IBR) of certain publications listed in the rule was approved by the Director of the Federal Register as of 7 July 2020. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214; and email: feinberg.stephen@epa.gov (Federal Register: 22 July 2020 [Rule] Pages 44216-44217)
Jul 21, 2020
EPA is announcing its withdrawal of the 2011 determination to regulate perchlorate in accordance with the SDWA. On 11 February 2011, the EPA published a Federal Register document in which the Agency determined that perchlorate met the SDWA's criteria for regulating a contaminant. On 26 June 2019, the EPA published a proposed national primary drinking water regulation (NPDWR) for perchlorate and requested public comments on multiple alternative actions, including the alternative of withdrawing the 2011 regulatory determination for perchlorate. The EPA has determined that perchlorate does not occur "with a frequency and at levels of public health concern" within the meaning of the SDWA. In addition, in the judgment of the EPA Administrator, regulation of perchlorate does not present a "meaningful opportunity for health risk reduction for persons served by public water systems." Accordingly, the EPA will not issue a NPDWR for perchlorate at this time. For purposes of judicial review, the regulatory determination in this document is issued as of 21 July 2020. POC is Samuel Hernandez, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: (202) 564-1735; email: hernandez.samuel@epa.gov. (Federal Register: 21 July 2020 [Rule] Pages 43990-44002)
EPA and DoD are promulgating discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces in the navigable waters of the United States, the territorial seas, and the contiguous zone. When implemented, the discharge performance standards will reduce the adverse environmental impacts associated with the vessel discharges, stimulate the development of improved vessel pollution control devices, and advance the development of environmentally sound vessels of the Armed Forces. The 11 discharges addressed by the final rule include the following: Catapult water brake tank and post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline and compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator effluent, and underwater ship husbandry. This final rule is effective on 17 August 2020. POC is Katherine B. Weiler, Oceans and Coastal Management Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; (202) 566-1280; weiler.katherine@epa.gov. (Federal Register: 17 July 2020 [Rule] Pages 43465-43478).
Jul 16, 2020
CEQ issued this final rule to update its regulations for Federal agencies to implement the NEPA. CEQ has not comprehensively updated its regulations since their promulgation in 1978, more than four decades ago. This final rule comprehensively updates, modernizes, and clarifies the regulations to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action. The rule will improve interagency coordination in the environmental review process, promote earlier public involvement, increase transparency, and enhance the participation of States, Tribes, and localities. The amendments will advance the original goals of the CEQ regulations to reduce paperwork and delays, and promote better decisions consistent with the national environmental policy set forth in section 101 of NEPA. This is a major rule subject to congressional review. The effective date is 14 September 2020. POC is Viktoria Z. Seale, Chief of Staff and General Counsel, 202-395-5750, NEPA-Update@ceq.eop.gov. (Federal Register: 16 July 2020 [Rule] pages 43304-43376)
Jul 14, 2020
EPA is correcting existing regulatory language for the Toxics Release Inventory (TRI) Program. EPA is making corrections that update identifiers, formulas, and names for certain TRI-listed chemicals, and updating the text that identifies which chemicals the 0.1 percent de minimis concentration applies to in order to remedy a cross-reference to a no-longer-accurate Occupational Safety and Health Administration (OSHA) regulatory citation. These corrections maintain previous regulatory actions and do not alter existing reporting requirements or impact compliance burdens or costs. This final rule is effective on 14 July 2020. POC is Daniel Bushman, Toxics Release Inventory Program Division, Mailcode 7410M, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. (Federal Register: 14 July 2020 [Rule] Pages 42311-42336).
OSHA is amending its existing general industry standard for occupational exposure to beryllium and beryllium compounds to clarify certain provisions and simplify or improve compliance. The revisions in this final rule are designed to maintain or enhance worker protections overall by ensuring that the rule is well understood and compliance is more straightforward. This final rule becomes effective on 14 September 2020. POC is Ms. Maureen Ruskin, Directorate of Standards and Guidance, Occupational Safety and Health Administration; tel: (202) 693-1950; email: ruskin.maureen@dol.gov. (Federal Registry: 14 July 2020 [Rule] Pages 42582-42628).
Jul 10, 2020
This action finalizes the residual risk and technology review (RTR) conducted for the Site Remediation source category regulated under NESHAP. The EPA is finalizing the proposed determination that risks due to emissions of air toxics from site remediation sources are acceptable and that no revision to the standards is required to provide an ample margin of safety to protect public health. Based on the results of our technology review, we are promulgating the proposed changes to the leak detection and repair (LDAR) program.. Finally, we are making minor clarifications and corrections. The final revisions to the rule will increase the level of emissions control and environmental protection provided by the Site Remediation NESHAP. This final rule is effective on 10 July 2020. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-2865; fax number: (919) 541-0516; and email address: witosky.matthew@epa.gov. (Federal Register: 10 July 2020 [Rule] pages 41680-41714).
Jul 07, 2020
The EPA is finalizing updates to the regulations for the identification of ignitable hazardous waste under the RCRA and to modernize the RCRA test methods that currently require the use of mercury thermometers. These revisions provide greater clarity to hazardous waste identification, provide flexibility in testing requirements, improve environmental compliance, and, thereby, enhance protection of human health and the environment. This final rule is effective on 8 September 2020. POC is Daniel Fagnant, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 703-308-0319; email: fagnant.daniel@epa.gov. (Federal Register: 7 June 2020 [Rule] pages 40594-40608).
his action finalizes the residual risk and technology review (RTR) conducted for the Organic Liquids Distribution (Non-Gasoline) (OLD) source category regulated under National Emission Standards for Hazardous Air Pollutants (NESHAP). The U.S. Environmental Protection Agency (EPA) is finalizing amendments to the storage tank requirements as a result of the RTR. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); add requirements for electronic reporting of performance test results and reports, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; add operational requirements for flares; and make other minor technical improvements. We estimate that these amendments will reduce emissions of hazardous air pollutants (HAP) from this source category by 186 tons per year (tpy), which represents an approximate 8 percent reduction of HAP emissions from the source category. This final rule is effective on 7 July 2020. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register: 7 July 2020 [Rule] Pages 40740-40791)
Jun 30, 2020
USFWS designate critical habitat for the elfin-woods warbler (Setophaga angelae) under the ESA of 1973. In total, approximately 27,488 acres (11,125 hectares) in the Maricao, San Germán, Sabana Grande, Yauco, Río Grande, Canóvanas, Las Piedras, Naguabo, Ceiba, Cayey, San Lorenzo, Guayama, and Patillas municipalities in Puerto Rico fall within the boundaries of the critical habitat designation. The effect of this regulation is to extend the Act's protections to the elfin-woods warbler's critical habitat. This rule is effective on 30 July 2020. POC is Marelisa Rivera, Deputy Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Road 301 km 5.1, Boquerón, PR 00622; tel: 787-851-7297. (Federal Registry: 30 June 2020 [Rule] Pages 39077-39095)
USFWS designate critical habitat for the elfin-woods warbler (Setophaga angelae) under the ESA of 1973. In total, approximately 27,488 acres (11,125 hectares) in the Maricao, San Germán, Sabana Grande, Yauco, Río Grande, Canóvanas, Las Piedras, Naguabo, Ceiba, Cayey, San Lorenzo, Guayama, and Patillas municipalities in Puerto Rico fall within the boundaries of the critical habitat designation. The effect of this regulation is to extend the Act's protections to the elfin-woods warbler's critical habitat. This rule is effective on 30 July 2020. POC is Marelisa Rivera, Deputy Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Road 301 km 5.1, Boquerón, PR 00622; tel: 787-851-7297. (Federal Registry: 30 June 2020 [Rule] Pages 39077-39095)
USFWS designate critical habitat for the elfin-woods warbler (Setophaga angelae) under the ESA of 1973. In total, approximately 27,488 acres (11,125 hectares) in the Maricao, San Germán, Sabana Grande, Yauco, Río Grande, Canóvanas, Las Piedras, Naguabo, Ceiba, Cayey, San Lorenzo, Guayama, and Patillas municipalities in Puerto Rico fall within the boundaries of the critical habitat designation. The effect of this regulation is to extend the Act's protections to the elfin-woods warbler's critical habitat. This rule is effective on 30 July 2020. POC is Marelisa Rivera, Deputy Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Road 301 km 5.1, Boquerón, PR 00622; tel: 787-851-7297. (Federal Registry: 30 June 2020 [Rule] Pages 39077-39095)
Jun 23, 2020
USFWS designated critical habitat for the Sonoyta mud turtle (Kinosternon sonoriense longifemorale) under the ESA. In total, 12.28 acres (4.97 hectares) in Pima County, Arizona, located entirely within the Organ Pipe Cactus National Monument, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to this subspecies' designated critical habitat. This rule is effective on 23 July 2020. POC is Jeff Humphrey, Field Supervisor, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-2517; 602-242-0210. (Federal Register: 23 July 2020 [Rule] Pages 37576-37590).
Jun 22, 2020
EPA is adding 172 per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). EPA is also setting a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each PFAS being added to the list. These actions are being taken to comply with section 7321 of the National Defense Authorization Act for Fiscal Year 2020 enacted on 20 December 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary, and this rule is effective immediately. This rule is effective 22 June 2020. POC is Daniel R. Bushman, Toxics Release Inventory Program Division, Mailcode 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. (Federal Register: 22 June 2020 [Rule] Pages 37354-37364).
Jun 11, 2020
EPA cancels the final designation of the original Wilmington, North Carolina Ocean Dredged Material Disposal Site (ODMDS), referred to as the 1987 Wilmington ODMDS, pursuant to the Marine Protection, Research and Sanctuaries Act (MPRSA), as amended. The 1987 Wilmington ODMDS, which was designated in 1987, is in the Atlantic Ocean offshore Wilmington, North Carolina. This action is being taken because the 1987 Wilmington ODMDS was previously replaced in 2002 by the existing New Wilmington ODMDS and is no longer needed. In addition, this action changes the name of New Wilmington ODMDS to the Wilmington, North Carolina ODMDS. This rule is effective 13 July 2020. POC is Gary W. Collins, EPA, Region 4, Water Division, Oceans and Estuarine Management Section, 61 Forsyth Street, Atlanta, Georgia 30303; tel: (404) 562-9395; email: collins.garyw@epa.gov. (Federal Register: 11 June 2020 [Rule] pages 35564-35566)
USFWS are removing the Borax Lake chub (currently listed as Gila boraxobius), a fish native to Oregon, from the Federal List of Endangered and Threatened Wildlife on the basis of recovery. This final rule is based on a review of the best available scientific and commercial information, which indicates that the threats to the Borax Lake chub have been eliminated or reduced to the point where the species no longer meets the definition of an endangered or threatened species under the ESA. This rule is effective 13 July 2020. POC is Paul Henson, State Supervisor, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tel: 503-231-6179. (Federal Register: 11 June 2020 [Rule] pages 35574-35594)
May 22, 2020
The EPA is revising its response to the U.S. Supreme Court decision in Michigan v. EPA, which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the CAA of HAP emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. This rule is effective 22 May 2020. POC is Mary Johnson, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-5025; email: johnson.mary@epa.gov. [Federal Register: 22 May 2020 [Rules and Regulations] Pages 31286-31320)
May 20, 2020
USFWS determined endangered species status under the ESA for the Southern Sierra Nevada Distinct Population Segment (DPS) of fisher (Pekania pennanti). This DPS occurs in California. The effect of this regulation will be to add this DPS to the List of Endangered and Threatened Wildlife. This rule is effective 5 June 2020. POC is Jenny Ericson, Field Supervisor, Yreka Fish and Wildlife Office, telephone: 530-842-5763. (Federal Register: 15 May 2020 [Rule] pages 29532-29589)
May 18, 2020
USACE, as part of an interagency effort with the EPA, the FWS and the NRCS, is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. The list will become effective on 18 May 2020 and will be used in any wetland delineations performed after this date. Delineations completed prior to this date may still use the 2016 NWPL. POC is Brianne McGuffie, Headquarters, USACE, Operations and Regulatory Community of Practice, Washington, DC 20314-1000; tele: 202-761-4750; email: brianne.e.mcguffie@usace.army.mil. (Federal Register 18 May 2020 [Final Rule] Pages 29689-29691)
May 05, 2020
USFWS determined endangered species status under the ESA, for the island marble butterfly (Euchloe ausonides insulanus) and designate critical habitat. In total, approximately 812 acres (329 hectares) on the south end of San Juan Island, San Juan County, Washington, fall within the boundaries of the critical habitat designation. This rule is effective 4 June 2020. POC is Brad Thompson, Acting State Supervisor, Washington Fish and Wildlife Office, 510 Desmond Drive, Suite 102, Lacey, WA 98503; tel: 360-753-9440. (Federal Register: 5 May 2020 [Proposed Rule] pages 26786-26820).
Apr 23, 2020
USFWS reclassified the golden conure (Gauruba guarouba) under the ESA, from endangered to threatened on the Federal List of Endangered and Threatened Wildlife. The determination is based on a thorough review of the best available scientific and commercial information, which indicates that the golden conure no longer meets the definition of an endangered species, but is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Additionally, this final rule updates the List to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Guaruba guarouba, golden conure. This rule is effective 26 May 2020. POC is Don Morgan, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tel: 703-358-2444. (Federal Register 23 April 2020 [Rule] pages 22653-22663).
Apr 22, 2020
EPA is amending the emissions reporting regulations applicable to sources that monitor and report emissions under the Acid Rain Program, the Cross-State Air Pollution Rule (CSAPR), and/or the NOX SIP Call. The amendments provide that if an affected unit fails to complete a required quality-assurance, certification or recertification, fuel analysis, or emission rate test by the applicable deadline under the regulations because of travel, plant access, or other safety restrictions implemented to address the current COVID-19 national emergency and if the unit's actual monitored data would be considered valid if not for the delayed test, the unit may temporarily continue to report actual monitored data instead of substitute data. The amendments promulgated in this rule will expire in 180 days. EPA is also requesting comment on this rule. This rule is effective 22 April 2020. EPA will consider comments on this rule received on or before 22 May 2020. POC is David Lifland, U.S. Environmental Protection Agency, Clean Air Markets Division, Mail Code 6204M, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 202-343-9151; email: lifland.david@epa.gov. (Federal Register: 22 April 2020 [Rule] pages 22362-22374.)
Apr 21, 2020
EPA and the Army are publishing a final rule defining the scope of waters federally regulated under the Clean Water Act. The Navigable Waters Protection Rule is the second step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" consistent with the Executive Order signed on 28 February 2017, "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule." Once effective, it replaces the rule published on 22 October 2019. This final rule implements the overall objective of the Clean Water Act to restore and maintain the integrity of the nation's waters by maintaining federal authority over those waters that Congress determined should be regulated by the Federal government under its Commerce Clause powers, while adhering to Congress' policy directive to preserve States' primary authority over land and water resources. This final definition increases the predictability and consistency of Clean Water Act programs by clarifying the scope of "waters of the United States" federally regulated under the Act. This rule is effective on 22 June 2020. POC is Michael McDavit, Oceans, Wetlands, and Communities Division, Office of Water (4504-T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: (202) 566-2465; email: CWAwotus@epa.gov. (Federal Register: 21 April 2020 [Rule] pages 22250-22342).
Apr 16, 2020
USFWS revised the List of Migratory Birds protected by the Migratory Bird Treaty Act (MBTA) by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. The net increase of 67 species (75 added and 8 removed) will bring the total number of species protected by the MBTA to 1,093. USFWS regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. This rule is effective 18 May 2020. POC is Eric L. Kershner, Chief of the Branch of Conservation, Permits, and Regulations; Division of Migratory Bird Management; USFWS; MS: MB; 5275 Leesburg Pike, Falls Church, VA 22041-3803; tel: (703) 358-2376. (Federal Register: 16 Apr 2020 [Rule] pages 21282-21305).
Apr 15, 2020
EPA is updating specific data elements within the NPDES eRule, published on 22 October 2015, that apply to regulated MS4s. These changes are necessary given the promulgation of a separate rulemaking after publication of the NPDES eRule that modified the NPDES permit requirements for small MS4s. That rule, referred to as the MS4 General Permit Remand Rule, published on 9 December 2016, made a number of the MS4-related data elements in the NPDES eRule no longer accurate. This final rule updates those data elements to be consistent with the current MS4 regulations, corrects related typographical errors, and makes other selected clarifications at the request of state NPDES permitting programs. This final rule is effective on 15 May 2020. POC is Greg Schaner, Office of Wastewater Management, Water Permits Division (4203M), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: (202) 564-0721; email: schaner.greg@epa.gov. (Federal Register: 15 April 2020 [Rule] pages 20873-20885)
Apr 02, 2020
USFWS is establishing regulations for the subsistence harvest of migratory birds in Alaska for the 2020 season and beyond. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving USFWS, ADFG, and Alaska Native representatives and are subject to public review. Based on any comments received, USFWS may revise this interim rule. This rule is effective 2 April 2020. USFWS will accept comments received or postmarked on or before 13 April 2020. POC is Cheryl A. Graves, USFWS, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3887. [Federal Register: 2 April 2020 [Final Rule] Pages 18455-18459)
Mar 26, 2020
This action finalizes the residual risk and technology review (RTR) conducted for the Municipal Solid Waste (MSW) Landfills source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); revise wellhead operational standards and corrective action to improve effectiveness and provide compliance flexibility; reorganize rule text to incorporate provisions from (NSPS) within this subpart; and add requirements for electronic reporting of performance test results. The EPA is also finalizing minor changes to the MSW Landfills NSPS and Emission Guidelines (EG) and Compliance Times for MSW Landfills. Specifically, the EPA is finalizing provisions to the most recent MSW Landfills NSPS and EG by following the corresponding requirements in the MSW Landfills NESHAP. This final rule is effective on 26 March 2020. POC is Andrew Sheppard, Natural Resources Group, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4161 and email: Sheppard.Andrew@epa.gov. (Federal Register 26 March 2020 [Rules and Regulations] pages 17244-17282
Mar 11, 2020
The Clean Air Act prohibits knowingly venting or releasing ozone-depleting and substitute refrigerants in the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. In 2016, the EPA amended the regulatory refrigerant management requirements and extended requirements that previously applied only to refrigerants containing an ozone-depleting substance to substitute refrigerants that are subject to the venting prohibition (i.e., those that have not been exempted from that prohibition) such as hydrofluorocarbons. Based on changes to the legal interpretation that supported that 2016 rule, this action revises some of those requirements--specifically, the appliance maintenance and leak repair provisions--so they apply only to equipment using refrigerant containing an ozone-depleting substance. This final rule is effective on 10 April 2020. POC is Jeremy Arling by regular mail: U.S. Environmental Protection Agency, Stratospheric Protection Division (6205T), 1200 Pennsylvania Avenue NW, Washington, DC 20460; by tele: (202) 343-9055; or by email: arling.jeremy@epa.gov. (Federal Register: 11 March 2020 [Final Rule] Pages 14150-14171)
Feb 27, 2020
USFWS designated critical habitat for the black pinesnake (Pituophis melanoleucus lodingi) under the ESA. In total, approximately 324,679 acres (131,393 hectares) in Forrest, George, Greene, Harrison, Jones, Marion, Perry, Stone, and Wayne Counties, Mississippi, and in Clarke County, Alabama, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the black pinesnake under the Act. This rule becomes effective on 27 March 2020. POC is Stephen Ricks, Field Supervisor, USFWS, Mississippi Fish and Wildlife Office, 6578 Dogwood View Parkway, Jackson, MS; tel: 601-321-1122.(Federal Register; 26 February 2020 [Final Regulations] pages 11238-11270).
USFWS adopted a rule under section 4(d) of the Endangered Species Act for the Louisiana pinesnake (Pituophis ruthveni), a reptile that is listed under the statute as threatened. This rule will provide measures to protect the species, which is from Louisiana and Texas. This rule is effective March 30, 2020. POC is Joseph Ranson, Field Supervisor, USFWS, Louisiana Ecological Services Office, tel: 337-291-3113. (Federal Register 27 February 2020 [Rules and Regulations] Pages 11297-11306)
Feb 06, 2020
The EPA is revising its regulations to streamline and clarify processes related to submission and review of title V petitions. This final rule implements changes in three key areas: Method of petition submittal to the agency, required content and format of petitions, and administrative record requirements for permits.This change is anticipated to provide more complete permit records during the EPA's 45-day review period for proposed permits, the 60-day petition window, and the EPA's review of any petition submitted, and thus reduce the likelihood that the Administrator will grant a petition because of an incomplete permit record. The effective date of this final rule is 6 April 2020. POC is Ms. Carrie Wheeler, Office of Air Quality Planning and Standards (OAQPS), Air Quality Policy Division, U.S. EPA, Mail Code C504-03, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by tele: (919) 541-9771; or by email at wheeler.carrie@epa.gov. (Federal Registry 5 February 2020 [Final Rule] Pages 6431-6446)
Jan 03, 2020
USFWS are removing the Hawaiian hawk (Buteo solitarius) from the Federal List of Endangered and Threatened Wildlife. USFWS review of the status of this species shows that the rangewide population estimates have been stable for at least 30 years, and that the species is not currently, nor is likely to become again, an endangered species within the foreseeable future in all or a significant portion of its range. This rule is effective February 3, 2020. POC is Katherine Mullett, Acting Field Supervisor, tele: 808-792-9400. Direct all questions or requests for additional information to: U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850. (https://www.federalregister.gov/d/2019-27339)
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Last Updated: February 11, 2022