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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.
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Draft Documents
Jan 22, 2019
A bill to exempt certain wildfire mitigation activities from certain environmental requirements, and for other purposes; to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Congressional Record: 4 January 2019 [House], Pages H227-H228).
A bill to reduce greenhouse gas emissions and protect the climate; to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Congressional Record: 8 January 2019 [House], Pages H280-H284).
Jan 15, 2019
To provide for the management of the natural resources of the United States, and for other purposes. (Congressional Record: 8 January 2019 [Senate], Pages S67-S68).
Nov 27, 2018
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Comments must be received by 28 January 2019. POC: Steven Webb, International Program or Aaron Wiener, International Program, tel: (202) 366-8553, PHMSA, USDOT, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register, 27 November 2018 [Proposed Rules], Pages 60970-61070).
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
Dec 28, 2018
USFWS determined threatened species status under the Endangered Species Act of 1973 (ESA) for trispot darter (Etheostoma trisella), a fish species found in the Coosa River system in Alabama, Georgia, and Tennessee. This rule adds this species to the List of Endangered and Threatened Wildlife. POC is Bill Pearson, Field Supervisor, USFWS, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; tele: 251-441-5181. (Federal Register; 28 December 2018 [Rules and Regulations], pages 67131-67140).
Dec 03, 2018
The EPA is announcing that the amendments to the Risk Management Program under the Clean Air Act put forward in a final rule published in the Federal Register on January 13, 2017 are in effect. The rule amends 40 CFR part 68 is effective December 3, 2018. POC: James Belke, EPA, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW, Washington, DC, 20460; tel: (202) 564-8023; email: belke.jim@epa.gov.(Federal Register; 3 December 2018 [Rules and Regulations] Pages 62268-62269).
Nov 28, 2018
The EPA is taking final action to revise the regulatory definition of volatile organic compounds (VOC) under the Clean Air Act (CAA). This final action adds HFO-1336mzz-Z to the list of compounds excluded from the regulatory definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone (O3) formation. POC: Dr. Souad Benromdhane, Office of Air Quality Planning and Standards, Health and Environmental Impacts Division, Mail Code C539-07, Environmental Protection Agency, Research Triangle Park, NC 27711; Tel: (919) 541-4359; email: benromdhane.souad@epa.gov. (Federal Register; 28 November 2018 [Rules and Regulations], Pages 61127-61134).
Nov 21, 2018
The U.S. Fish and Wildlife Service has determined endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the candy darter (Etheostoma osburni), a freshwater fish species from Virginia and West Virginia. This rule adds this species to the Federal List of Endangered and Threatened Wildlife. This rule is effective 21 December 2018. POC is John Schmidt, Field Supervisor, West Virginia Ecological Services Field Office, 694 Beverly Pike, Elkins, WV 26241-9475; tel: 304-636-6586 (Federal Register; 21 November 2018 [Rules and Regulations], pages 58747-58754).
Nov 16, 2018
This action amends certain existing testing regulations to reflect corrections, updates, and the addition of alternative equipment and methods for source testing of emissions. These revisions will improve the quality of data and provide flexibility in the use of approved alternative procedures. The revisions do not impose any new substantive requirements on source owners or operators. The final rule is effective on 14 January 2019. POC is Ms. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tel: 919-541-2910; fax: 919-541-0516; email: melton.lula@epa.gov (Federal Register; 14 November 2018 [Rules and Regulations], pages 56713-56734).
Nov 14, 2018
This action amends certain existing testing regulations to reflect corrections, updates, and the addition of alternative equipment and methods for source testing of emissions. These revisions will improve the quality of data and provide flexibility in the use of approved alternative procedures. The revisions do not impose any new substantive requirements on source owners or operators. The final rule is effective on 14 January 2019. POC is Ms. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tel: 919-541-2910; fax: 919-541-0516; email: melton.lula@epa.gov (Federal Register; 14 November 2018 [Rules and Regulations], pages 56713-56734).
Nov 07, 2018
Pipeline and Hazardous Materials Safety Administration (PHMSA), is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. By adopting these deregulatory amendments, PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety. This rule is effective December 7, 2018. POC is Steven Andrews, Tel: (202) 366-8553, email: steven.andrews@dot.gov, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. (Federal Register; 7 November 2018 [Rules and Regulations], Pages 55792-55811).
Nov 02, 2018
The EPA has released for public review the draft Integrated Review Plan for the Ozone NAAQS (draft IRP). This document contains the draft plans and the anticipated schedule for the current review of the air quality criteria and NAAQS for photochemical oxidants including ozone (O3). The primary and secondary O3 NAAQS are set to protect the public health and the public welfare from O3 in ambient air. POC is Dr. Deirdre L. Murphy, Office of Air Quality Planning and Standards, (Mail Code C504-06),EPA, Research Triangle Park, NC 27711; tel: 919-541-0729, fax: 919-541-027; or email: murphy.deirdre@epa.gov (Federal Register; 2 November 2018 [Notice],Pages 55163-55164).
Nov 01, 2018
Corrections to the text of approved SDWA analytical testing procedures (Federal Register; 31 October 2018 [Rules and Regulations], page 54676).
Oct 18, 2018
U.S. Fish and Wildlife Service, is removing Deseret milkvetch (Astragalus desereticus) from the Federal List of Endangered and Threatened Plants due to recovery. Based on the best available scientific and commercial data, threats to Deseret milkvetch identified at the time of listing are not as significant as originally anticipated and are being adequately managed, the species' population is much greater than was known at the time of listing, and threats to this species have been sufficiently minimized such that it no longer meets the definition of an endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). This is final rule is effective 19 November 2018. POC is Larry Crist, Field Supervisor, tel: 801-975-3330 ( Federal Register; 18 October 2018 [Rules and Regulations], pages 52775-52786).
Oct 12, 2018
EPA is announcing the Agency's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The EPA is making 100 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 12 October 2018. 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; 12 October 2018 [Rules and Regulatins], pages 51636-51652).
Oct 04, 2018
This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning, foam blowing, fire suppression, cleaning solvents, and aerosols sectors. This determination is applicable on 4 October 2018. POC is Gerald Wozniak; tel: 202-343-9624; email: wozniak.gerald@epa.gov; or by mail at U.S. EPA, Mail Code 6205T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
Aug 24, 2018
The ACHP issued a Program Comment to exempt consideration of effects to rail properties within rail rights-of-way at the request of the U.S. DOT to accelerate the review of these undertakings under Section 106 of the National Historic Preservation Act and to meet the requirement of Section 11504 of the Fixing America's Surface Transportation Act. The Program Comment can be used by any federal agency with responsibility to consider the effects of undertakings within rail rights-of-way. Federal agencies using the Program Comment may fulfill their Section 106 responsibilities for the relevant undertakings by implementing the terms of this comment, which include identifying those activities that meet the conditions in Appendix A and opting into the process to identify excluded historic rail properties and seek further streamlining of the review process under the property-based approach.The Program Comment was issued by the ACHP on 17 August 2018. POC is Kelly Y. Fanizzo, 202-517-0193, kfanizzo@achp.gov (Federal Register; 24 August 2018 [Notices], pages 42920-42929).
Aug 13, 2018
The U.S. Fish and Wildlife Service has determined threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the hyacinth macaw (Anodorhynchus hyacinthinus), a species that occurs almost exclusively in Brazil and marginally in Bolivia and Paraguay. This rule adds this species to the List of Endangered and Threatened Wildlife. FWS is also establishing a rule pursuant to section 4(d) of the Act to further provide for the conservation of the hyacinth macaw. This rule is effective 12 September 2018. POC is Don Morgan, Chief, Division of Delisting and Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tel: 703-358-2444 (Federal Register; 13 August 2018 [Rules and Regulations], pages 39894-39916).
Aug 08, 2018
On 11 December 2017, the EPA published a direct final rule and an accompanying notice of proposed rulemaking entitled "Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-based Standards." EPA proposed to modify the use conditions required for use of three flammable refrigerants--isobutane (R-600a), propane (R-290), and R-441A--in new household refrigerators, freezers, and combination refrigerators and freezers under the SNAP program to reflect an updated standard from Underwriters Laboratories. Because EPA received adverse comment, EPA withdrew the direct final rule through a separate notice. In this action, EPA is addressing relevant comments and finalizing the proposed use conditions with no changes. This rule is effective on 7 September 2018. 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; 8 August 2018 [Rules and Regulations], pages 38969-38976).
Aug 06, 2018
EPA is making conforming changes to the EPA office and address to which paper documents concerning imports and exports of hazardous waste and conditionally excluded cathode ray tubes must be sent. The change in address is needed to reflect the reorganization of hazardous waste import-export functions on April 29, 2018, from the Office of Federal Activities' International Compliance Assurance Division, in EPA's Office of Enforcement and Compliance Assurance, to the International Branch within the Office of Resource Conservation and Recovery's Materials Recovery and Waste Management Division, in EPA's Office of Land and Emergency Management. This rule is effective on 6 August 2018. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery(5304P), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 703-308-0005; email address: coughlan.laura@epa.gov (Federal Register; 6 August 2018 [Rules and Regulations; pages 38262-38263).
Jul 30, 2018
The Advisory Council on Historic Preservation (ACHP) has approved amendments to the Program Comment for the U.S. GSA that sets forth the way in which GSA complies with Section 106 of the National Historic Preservation Act for select repairs and upgrades to windows, lighting, roofing, and heating, ventilating, and air conditioning (HVAC) systems within historic public buildings. The amendments extend the life of the Program Comment through 1 August 2033, and update its reporting requirements. The amendments took effect on 27 July 2018. POC is Kirsten Kulis, Office of Federal Agency Programs, Advisory Council on Historic Preservation, 401 F Street NW, Suite 308, Washington, DC 20001 (Federal Register; 27 July 2018 [Notices], pages 35672-35674).
On 17 April 2015 EPA promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. In March 2018, EPA proposed a number of revisions to the 2015 CCR rule and requested comment on additional issues. EPA is adopting two alternative performance standards that either Participating State Directors in states with approved CCR permit programs or EPA where EPA is the permitting authority may apply to owners and operators of CCR units. EPA also revised groundwater protection standards (GWPS) for 4 constituents without an established MCL. EPA extended the deadline by which facilities must stop the placement of waste in CCR units closing for cause in 2 situations: Where the facility has detected a statistically significant increase above a GWPS from an unlined surface impoundment; and where the unit is unable to comply with the aquifer location restriction. Proposed rule revisions not addressed in this rule will be addressed later. Final rule is effective on 29 August 2018. POC is Kirsten Hillyer, Office of RCRA, EPA, 5304P, Washington, DC 20460; tel: (03-347-0369; email: hillyer.kirsten@epa.gov (Federal Register; 30 July 2018 [Rules and Regulations], pages 36435-36456).
The U.S. FWS is withdrawing the Endangered Species Act (ESA) Compensatory Mitigation Policy, published 27 December 2016 (ESA-CMP). In the document of November 6, 2017 we requested additional public comments regarding the policy's overall mitigation planning goal of net conservation gain. FWS is now withdrawing this policy. The Service does not have authority to require "net conservation gain" under the ESA, and the policy is inconsistent with current Executive branch policy. Except as otherwise specified, all policies or guidance documents that were superseded by ESA-CMP are reinstated. Withdrawal effective on 30 July 2018. POC is Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442 (Federal Register; 30 July 2018 [Rules and Regulations], pages 36469-36472).
The U.S. FWS is withdrawing the Mitigation Policy published 21 November 2016, which guides Service recommendations on mitigating the adverse impacts of land and water developments on fish, wildlife, plants, and their habitats. In the FWS document of 6 November 2017, FWS requested additional public comments regarding this policy's overall mitigation planning goal of net conservation gain. FWS is now withdrawing this policy as it is no longer appropriate to retain the "net conservation gain" standard throughout various Service-related activities and is inconsistent with current Executive branch policy. Until further notice, all policies that were superseded by the 2016 Mitigation Policy are reinstated, including the Fish and Wildlife Service Mitigation Policy (46 FR 7644-7663) published in the Federal Register on 23 January 1981. Withdrawal effective on 30 July 2018. POC is Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442 (Federal Register; 30 July 2018 [Rules and Regulations], pages 36472-36475).
Jun 25, 2018
This order maintains and enhances benefits to the Nation from the ocean, coastal, and Great Lakes waters of the United States through improved public access to marine data and information, efficient interagency coordination on ocean-related matters, and engagement with marine industries, the science and technology community, and other ocean stakeholders. To advance these national interests, this order recognizes and supports Federal participation in regional ocean partnerships, to the extent appropriate and consistent with national security interests and statutory authorities. This EO revokes EO 13547 of 19 July 2010 (Stewardship of the Ocean, Our Coasts, and the Great Lakes) (Federal Register; 22 June 2018 [Presidential Documents], pages 29431-29434).
Jun 18, 2018
PHMSA issues this rulemaking in response to appeals submitted to a previously-published final rule. On 2 June 2016, PHMSA published a final rule that made miscellaneous amendments to the Hazardous Materials Regulations. This final rule specifically responds to appeals to extend the effective date of certain nitric acid packaging and emergency response telephone number amendments as previously adopted. This final rule also clarifies amendments associated with the trigger date of the 10-year test period for certain MC 331 cargo tanks in dedicated propane service and corrects editorial errors. This final rule is effective 8 July 2018. POC is Michael Ciccarone, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. DoT, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 (Federal Register; 18 June 2018 [Rules and Regulations], pages 28162-28168).
Jun 11, 2018
EPA publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at http://www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act. POC for the Semiannual Agenda is Caryn Muellerleile; email:(muellerleile.caryn@epa.gov; tel: 202-564-2855(Federal Register; 11 June 2018 [Unknown Section], pages 27197-27203).
Apr 05, 2017
The Council on Environmental Quality (CEQ) is withdrawing its "Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews," for which a Notice of Availability was published on August 5, 2016. 81 FR 51866. This withdrawal is effective 5 April 2017. POC is Council on Environmental Quality (ATTN: Ted Boling, Associate Director for the National Environmental Policy Act), 730 Jackson Place NW., Washington, DC 20503. Tel: 202-395-5750 (Federal Register; 5 April 2017 [Notices], pages 16576-16577.)
Mar 31, 2017
Promoting Energy Independence and Promoting Economic Growth
28 March 2017
The EO directs agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law. As a result of the review, agencies will submit a report including specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production.
Mar 06, 2017
In accordance with a Presidential directive, the U.S. EPA and the Department of the Army announces its intention to review and rescind or revise the Clean Water Rule. POCs are: Ms. Donna Downing, Office of Water (4502-T), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-566-2428; email CWAwaters@epa.gov, and Mr. Gib Owen, Office of the Assistant Secretary of the Army for Civil Works, Department of the Army, 104 Army Pentagon, Washington, DC 20310-0104; tel: 703-695-4641; email gib.a.owen.civ@mail.mil (Federal Register; 6 March 2017 [Notices], page 12532).
Mar 03, 2017
This 28 February 2017 EO directs the EPA and USACE to review the final rule entitled "Clean Water Rule: Definition of 'Waters of the United States,'" 80 Fed. Reg. 37054 (June 29, 2015), and publish for notice and comment a proposed rule rescinding or revising the rule, as appropriate and consistent with law.
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Last Updated: January 06, 2017