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.
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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.
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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.
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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.
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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)