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The Regulatory Watch page will be your source for monitoring and tracking the progress of current draft and final regulatory information.
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Sep 19, 2019
NMFS propose to revise the critical habitat designation for the Southern Resident killer whale (Orcinus orca) distinct population segment (DPS) under the Endangered Species Act (ESA) by designating six new areas along the U.S. West Coast. Comments on this proposed rule and supporting documents must be received by December 18, 2019. POC is Nancy Young, NMFS West Coast Region, (206) 526-6550; or Lisa Manning, NMFS Office of Protected Resources,
(301) 427-8466. (Federal Register: 19 September 2019 [Proposed Rules] Pages 49214-49235)
Sep 18, 2019
Sep 16, 2019
Sep 13, 2019
USFWS are reopening the comment periods on their August 6, 2013, proposed rules to list Graham's beardtongue (Penstemon grahamii) and White River beardtongue (Penstemon scariosus var. albifluvis) as threatened species throughout their ranges and to designate critical habitat for these two plant species. USFWS are reopening the comment period for 30 days to give all interested parties further opportunity to comment on the proposed rules. USFWS will accept comments received or postmarked on or before October 15, 2019. POC is Larry Crist, Field Supervisor, USFWS, Utah Ecological Services Field Office, 2369 West Orton Circle, Suite 50, West Valley City, UT 84119; telephone 801-975-3330. [Federal Register: 12 September 2019 [Proposed Rules] Pages 48090-48094)
Sep 09, 2019
USFWS is proposes to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened and to adopt a rule under section 4(d) of the ESA to provide for the conservation of the species. USFWS reopened the public comment period on the proposed rule for 30 days, to allow all interested parties additional time to comment on the proposed rule. We will accept comments received or postmarked on or before October 9, 2019. POC is Jonna Polk, Field Supervisor, USFWS, Oklahoma Ecological Services Field Office, 9014 East 21st St., Tulsa, OK 74129; tele: 918-382-4500. (Federal Register: 9 September 2019 [Proposed Rules] Pages 47231-47232)
Sep 06, 2019
USFWS announced a 90-day findings on three petitions to add species to the list of TES, or to revise the critical habitat designation for a listed species. Based on their review, USFWS announces that they plan to initiate a review of the status of Mojave poppy bee (Perdita meconis) to determine whether the petitioned action is warranted. USFWS is not initiating a status review of Yellowstone National Park bison (population of Bison bison bison) in response to the petition. Lastly, USFWS finds that the third petition--a petition to revise the critical habitat designation for the currently listed Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis)--presents substantial scientific or commercial information indicating that the petitioned action may be warranted. These findings were made on September 6, 2019. POC for each species is provided in the federal register. (Federal Register: 6 September 2019 [Proposed Rules] Pages 46927-46931)
Aug 30, 2019
A bill to amend the Endangered Species Act of 1973 to prohibit treatment of certain non-native, non-indigenous hoofstock born within the borders of the United States as an endangered species, a threatened species, an essential experimental population, or a nonessential experimental population. (Congressional Record: 23 August 2019 [House] Page H7520).
Aug 28, 2019
Aug 27, 2019
USFWS, proposes to remove the Trifolium stoloniferum (running buffalo clover) from the
Federal List of Endangered and Threatened Plants, due to recovery. USFWS is seeking information and comments from the public regarding this proposed rule. We will accept comments received or postmarked on or before October 28, 2019. POC Barbara Hosler, Ecological Services, Midwest Regional Office, 5600 American Blvd. West, Suite 900,
Bloomington, MN 55437-1458, telephone 517.351.6326.
(Federal Register: 27 August 2019 [Proposed Rules] Pages 44832-44841)
Aug 23, 2019
EPA is publishing for public comment a proposed rule providing updates and clarifications to the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401. CWA section 401 is a direct grant of authority to states (and tribes that have been approved for ``treatment as a state' status) to review for compliance with appropriate federal, state, and tribal water quality requirements any proposed activity that requires a federal license or permit and may result in a discharge to waters of the United States. This proposal is intended to increase the predictability and timeliness of section 401 certification by clarifying timeframes for certification, the scope of certification review and conditions, and related certification requirements and procedures. Comments must be received on or before October 21, 2019. POC: Lauren Kasparek, Oceans, Wetlands, and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-3351; email: cwa401@epa.gov. ( Federal Register: 22 August 2019 [Proposed Rules] Pages 44080-44122)
Aug 22, 2019
The EPA proposes a federal plan to implement the Emission Guidelines and Compliance Times for Municipal Solid Waste 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. Comments must be received on or before October 7, 2019. POC: Andrew Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-4161; and email: sheppard.andrew@epa.gov. (Federal Register: 22 August 2019 [Proposed Rules] Pages 43745-43757)
Aug 21, 2019
Aug 20, 2019
A bill to amend the Endangered Species Act of 1973 to permit Governors of States to regulate intrastate endangered species and intrastate threatened species, to amend the Migratory Bird Treaty Act to permit the taking of certain black vultures and ravens. (Congressional Record: 30 July 2019 [Senate] Pages S5195-S5196)
Aug 19, 2019
Aug 16, 2019
On August 8, 2019, the EPA Administrator signed a notice of proposed rulemaking (NPRM) providing updates and clarifications to the substantive and procedural requirements for water quality certification under Clean Water Act. The agency is announcing that a public hearing will be held in Salt Lake City, Utah on September 5 and 6, 2019. POC: Lauren Kasparek, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-3351; email: cwa401@epa.gov. [Federal Register: 16 August 2019 [Proposed Rules] Pages 41948-41949).
Aug 13, 2019
U.S. Fish and Wildlife Service (USFWS), propose to list 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 Endangered Species Act of 1973, as amended (Act). We will accept comments received or postmarked on or before October 15, 2019. Comments submitted electronically using the Federal eRulemaking Portal must be received by 11:59 p.m. Eastern Time on the closing date. POC Paul Henson, Field Supervisor, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Ave. Suite 100, Portland, OR 97266; tele: 503-231-6179.
(Federal Register: 13 August 2019 [Proposed Rules] Pages 40006-40019).
Aug 06, 2019
Aug 05, 2019
Aug 02, 2019
Aug 01, 2019
Jul 29, 2019
Jul 25, 2019
Jul 23, 2019
Jul 22, 2019
Jul 16, 2019
Jul 12, 2019
Jul 11, 2019
Jul 10, 2019
Jul 05, 2019
Jul 03, 2019
Jul 02, 2019
Jun 28, 2019
Jun 27, 2019
Jun 26, 2019
EPA is proposing a drinking water regulation for perchlorate and a health-based Maximum Contaminant Level Goal (MCLG) in accordance with the Safe Drinking Water Act (SDWA). This proposal includes requirements for primacy agencies that implement the public water system supervision program under the SDWA. This proposal also includes a list of treatment technologies that would enable water systems to comply with the MCL, including affordable compliance technologies for small systems serving 10,000 persons or less. Comments must be received on or before August 26, 2019. POC: 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; tele: (202) 564-1735; email: hernandez.samuel@epa.gov. ( Federal Register: 26 June 2019 [Proposed Rules] Pages 30524-30569)
Jun 25, 2019
A bill to amend title 40, United States Code, to require the Administrator of General Services to procure the most life-cycle cost effective and energy efficiency lighting products and to issue guidance on the efficiency, effectiveness, and economy of those products. ( Congressional Record: 13 June 2019 [Senate] Pages S3475-S3477)
Jun 24, 2019
Jun 21, 2019
A bill to move the United States toward greater energy independence and security, to increase the flexibility, efficiency, and reliability of the electric grid, to increase the competitiveness of the United States economy, to protect consumers, and to improve the energy performance of the Federal Government. (Congressional Record: 5 June 2019 [Senate] (Pages S3250-S3252).
A bill to clarify that noncommercial species found entirely within the borders of a single State are not interstate commerce or subject to regulation under the Endangered Species Act of 1973 or any other provision of law enacted as an exercise of the power of Congress to regulate interstate commerce. (Congressional Record: 10 June 2019 [Senate] Pages S3283-S3284)
Jun 20, 2019
Jun 19, 2019
The USDA, Forest Service (Agency) is proposing revisions to its NEPA regulations. The Agency proposes these revisions to increase efficiency in its environmental analysis while meeting NEPA's requirements and fully honoring its environmental stewardship responsibilities. The Agency is requesting public comment on the revisions in the proposed rule. Comments must be received in writing by 12 August 2019. POC: Christine Dawe; Director, Ecosystem Management Coordination, tele: 406-370-8865. (Federal Register: 13 June 2019 [Proposed Rules] Pages 27544-27559)
Jun 18, 2019
Jun 17, 2019
A bill to establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal governments and other entities. ( Congressional Record: 15 May 2019 [Senate] Pages S2883-S2884).
Jun 13, 2019
A bill to establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal governments and other entities. ( Congressional Record: 15 May 2019 [Senate] Pages S2883-S2884).
Jun 12, 2019
Jun 10, 2019
Jun 07, 2019
A bill to establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal Governments and other entities. ( Congressional Record: 15 May 2019 [House] Pages H3840-H3842).
May 31, 2019
May 30, 2019
May 29, 2019
May 21, 2019
A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for total per- and polyfluoroalkyl substances. ( Congressional Record: 29 April 2019 [House] Pages H3302-H3303).
May 07, 2019
May 02, 2019
Apr 30, 2019
Apr 26, 2019
USFWS, announced a 90-day finding on four petitions to add Arizona eryngo (Eryngium sparganophyllum), giraffe (Giraffa camelopardalis), Refugio manzanita (Arctostaphylos refugioensis) and San Gabriel chestnut snail (Glyptostoma gabrielense) species to the List of Endangered and Threatened Wildlife under the ESA. POC: If you have new information concerning the status of, or threats to, these species, or their habitats, please submit that information to the appropriate person listed in the federal register. ( Federal Register: 26 April 2019 [Proposed Rules] Pages 17768-17771).
Apr 25, 2019
Apr 05, 2019
USFWS propose to establish a nonessential experimental population (NEP) of the California condor (Gymnogyps californianus) in the Pacific Northwest, under section 10(j) of the Endangered Species Act. Establishment of this NEP will facilitate reintroduction of California condors to the region and provide for allowable legal incidental taking of the California condor within a defined NEP area. The geographic boundaries of the NEP would include northern California, northwest Nevada, and Oregon. POC Jesse D'Elia, Pacific Regional Office, USFWS, Ecological Services, 911 NE 11th Ave, Portland, OR 97232, tele: 503-231-6131. ( Federal Register: 5 April 2019 [Proposed Rules] Pages 13587-13603).
Apr 04, 2019
USFWS announced its 12-month findings on petitions to list eight species as endangered or threatened species under the ESA. After a review of the best available data, USFWS finds that it is not warranted at this time to list the Arkansas mudalia, ashy darter, Barrens darter, Chihuahua scurfpea, coldwater crayfish, Eleven Point River crayfish, Spring River crayfish, and red-crowned parrot. POC is provided by species in the register. ( Federal Register: 4 April 2019 [Proposed Rules] Pages 13237-13242).
USFWS announced its 12-month finding on a petition to list the hellbender (Cryptobranchus alleganiensis), a salamander species, as an endangered or threatened species under the ESA. After review of the best available data, USFWS find that listing of the eastern hellbender is not warranted. However, we determined that listing is warranted for a distinct population segment (DPS) of the eastern hellbender (Cryptobranchus alleganiensis alleganiensis) in Missouri. POC is Karen Herrington, Field Supervisor, Missouri Ecological Services Field Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203; tele: 573-234-2132. ( Federal Register: 4 April 2019 [Proposed Rules] Pages 13223-13237).
Apr 02, 2019
Mar 25, 2019
National Marine Fisheries Service announced a negative 90-day finding on a petition to list the Cuvier's beaked whale (Ziphius cavirostris) in the Gulf of Mexico (GOM) as a threatened or endangered distinct population segment (DPS) under the Endangered Species Act (ESA). POC: Calusa Horn, NMFS Southeast Region, 727-824-5312. ( Federal Register: 25 March 2019 [Notices] Pages 11058-11066).
Mar 20, 2019
A bill to authorize the Department of Defense to temporarily provide water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes to areas affected by contamination from military installations, and to authorize the Secretary of the Air Force to acquire real property to extend the contiguous geographic footprint of any Air Force base that has shown signs of contamination from PFOA and PFOS due to activities on the base. ( Congressional Record: 6 March 2019 [Senate] Pages S1704-S1706).
Mar 15, 2019
USFWS have evaluated the classification status of gray wolves (Canis lupus) currently listed in the contiguous United States and Mexico under the Endangered Species Act of 1973 (ESA). Based on USFWS evaluation, they propose to remove the gray wolf from the List of Endangered and Threatened Wildlife. POC is Don Morgan, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, Headquarters Office, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele: (703) 358-2444. ( Federal Register: March 2019 [Proposed Rules] Pages 9648-9687)
Mar 14, 2019
Mar 06, 2019
Mar 04, 2019
A bill to amend the Clean Air Act to give States the option of monitoring covered criteria air pollutants in designated areas by greatly increasing the number of air quality sensors in exchange for greater regulatory flexibility in the methods of monitoring. ( Congressional Record: 14 February 2019 [House] Pages H2028-H2033).
Mar 01, 2019
Feb 25, 2019
Feb 20, 2019
Feb 13, 2019
Feb 07, 2019
A bill to amend the Migratory Bird Treaty Act to establish January 31 of each year as the Federal framework closing date for the duck hunting season and to establish special duck hunting days for youths, veterans, and active military personnel, and for other purposes; to the Committee on Natural Resources. ( Congressional Record: 24 January 2019 [House] Pages H1209-H1211).
The Environmental Protection Agency (EPA) is proposing a revision to its response to the U.S. Supreme Court decision in Michigan v. EPA which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the Clean Air Act (CAA) of hazardous air pollutant (HAP) emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. POC: Mary Johnson, Sector Policies and Programs Division
(D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5025 and email: johnson.mary@epa.gov. ( Federal Register: 7 February 2019 [Proposed Rules] Pages 2670-2704).
On December 6, 2018, the Environmental Protection Agency (EPA) proposed a rule titled ``Review of Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units.' The EPA is extending the public comment period from February 19, 2019, until March 18, 2019, which is consistent with the requirement to keep the record open for at least 30 days after the public hearing, which is scheduled for February 14, 2019, in Washington, DC. POC : Christian Fellner, Sector Policies and Programs Division (D205-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-4003 and email: fellner.christian@epa.gov.
( Federal Register 7 February 2019 [Proposed Rules] Page 2485).
On December 11, 2018, the EPA and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ``waters of the United States' to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on February 27 and 28, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule ( https://www.epa.gov/wotus-rule/step-two-revise). POC: Damaris Christensen, Office of Water (4504-T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 566-2428; email: WOTUS-outreach@epa.gov. ( Federal Register: 7 February 2019 [Proposed Rules] Pages 2483-2484).
Feb 06, 2019
Feb 05, 2019
Jan 31, 2019
USFWS announce the availability of 26 draft recovery plan amendments for 42 endangered and threatened species. USFWS are amending recovery criteria to better assist in determining when an endangered species has recovered to the point that it may be reclassified as threatened, or that the protections afforded by the ESA are no longer necessary and the endangered species may be removed from the Act's protections. USFWS is requesting review and comments on these draft recovery plan amendments from local, State, Tribal, and Federal agencies, nongovernmental organizations, and the public. In order to be considered, comments on the draft recovery plan amendments must be received on or before April 1, 2019. POC: For information on a particular species, contact the appropriate person listed in the table for each species in SUPPLEMENTARY INFORMATION (hyperlink with this https://www.govinfo.gov/content/pkg/FR-2019-01-31/html/2019-00436.htm). ( Federal Register: 31 January 2019 [Notices] Pages 790-795).
USFWS is reopening the comment period on our October 7, 2014, proposed rule to list the West Coast distinct population segment (DPS) of fisher (Pekania pennanti) as a threatened species. USFWS is reopening the comment period for 30 days to give all interested parties further opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted. Comments submitted electronically using the Federal eRulemaking Portal must be submitted by 11:59 p.m. Eastern Time March 4, 2019. POC: Jenny Ericson, Field Supervisor, USFWS, Yreka Fish and Wildlife Office, 1829 South Oregon Street, Yreka, CA 96097; tel: 530-842-5763. ( Federal Register: 31 January 2019 [Proposed Rules] Pages 644-645).
A bill to require the Administrator of the EPA to shall designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. ( Congressional Record: 14 January 2019 [House] Pages H543-H544).
A bill to amend the Endangered Species Act of 1973 to vest in the Secretary of the Interior functions under that Act with respect to species of fish that spawn in fresh or estuarine waters and migrate to ocean waters, and species of fish that spawn in ocean waters and migrate to fresh waters; to the Committee on Natural Resources. (
Congressional Record: 15 January 2019 [House] Pages H600-H602).
Jan 25, 2019
Jan 22, 2019
A bill to exempt certain wildfire mitigation activities from certain environmental requirements, and for other purposes; to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. ( Congressional Record: 4 January 2019 [House], Pages H227-H228).
A bill to reduce greenhouse gas emissions and protect the climate; to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. ( Congressional Record: 8 January 2019 [House], Pages H280-H284).
Jan 15, 2019
Nov 27, 2018
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Comments must be received by 28 January 2019. POC: Steven Webb, International Program or Aaron Wiener, International Program, tel: (202) 366-8553, PHMSA, USDOT, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. ( Federal Register, 27 November 2018 [Proposed Rules], Pages 60970-61070).
Jul 25, 2018
FWS and NMFS propose to amend portions of their regulations that implement section 7 of the Endangered Species Act of 1973, as amended. The Services are proposing these changes to improve and clarify the interagency consultation processes and make them more efficient and consistent. FWS and NMFS will accept comments from all interested parties until 24 September 2018. POC is Craig Aubrey, U.S. FWS, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442; or Cathy Tortorici, ESA Interagency Cooperation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8495 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35178-35193).
The U.S. FWS and the NMFS propose to revise portions of their regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing or removing species from the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. Multiple technical revisions are also proposed to update existing sections or to refer appropriately to other sections. Comments will be accepted from all interested parties until 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171; or Samuel D. Rauch, III, NMFS, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8403 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35193-35201).
The U.S. FWS proposes to revise their regulations extending most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the proposed regulations would not alter the applicable prohibitions. The proposed regulations would require the Service, pursuant to section 4(d) of the Endangered Species Act, to determine what, if any, protective regulations are appropriate for species that the Service in the future determines to be threatened. Comments will be accepted on or before 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35174-35178).
May 10, 2018
EPA is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the first-round allocations. Objections to the information referenced in this notice must be received on or before 11 June 2018. POC is Kenon Smith at 202-343-9164 or smith.kenon@epa.gov or Jason Kuhns at 202-564-3236 or
kuhns.jason@epa.gov ( Federal Register; 10 May 2018 [Notices], pages 21772-21773).
Oct 16, 2017
EPA is proposing to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs), commonly referred to as the Clean Power Plan (CPP), as promulgated on 23 October 2015. Comments must be received on or before 15 December 2017. POC is Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; tel: 888-627-7764; email: airaction@epa.gov. ( Federal Register Volume 82, Number 198 (Monday, October 16, 2017)][Proposed Rules][Pages 48035-48049]).
Jul 27, 2017
The EPA and the Dept. of the Army ("the agencies") are publishing this proposed rule to start the first step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" (WOTUS) consistent with the Executive Order signed 28 Feb 2017. This first step proposes to rescind the definition of WOTUS in the CFR to re-codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of WOTUS promulgated by the agencies in 2015. The agencies would apply the definition of WOTUS as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of WOTUS. Comments must be received on or before 28 August 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, 1200 Penn Ave NW., Wash., DC 20460; tel: (202) 566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, 441 G Street NW., Wash., DC 20314; tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil ( Federal Register, 27 July 2017 [Proposed Rules], page 34899-34909).
Dec 16, 2016
TCE is a volatile organic compound widely used in industrial and commercial processes and has some limited uses in consumer and commercial products. EPA identified significant health risks associated with TCE use in aerosol degreasing and for spot cleaning in dry cleaning facilities. To address these unreasonable risks, EPA is proposing to prohibit the manufacture, processing, and distribution in commerce of TCE for use in aerosol degreasing and for use in spot cleaning in dry cleaning facilities; to prohibit commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. Comments must be received on or before 14 February 2017. POC is Toni Krasnic, Chemical Control Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-564-0984; email address: krasnic.toni@epa.gov ( Federal Register; 16 December 2016 [Proposed Rules], pages 91592-91624).
Dec 07, 2016
This proposed rule address management of paleontological resources on federal lands under the jurisdiction of the Secretary of the Interior, and managed by BLM, Reclamation, NPS, and FWS. The proposed rule would address the management, collection, and curation of paleontological resources from federal lands using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. Comments on the proposed rule must be received by 6 February 2017. Comments on the information collection requirements must be received by 5 January 2017. POC is Julia F. Brunner, Geologic Resources Division, National Park Service, tel: 303-969-2012 or email: Julia_F_Brunner@nps.gov ( Federal Register; 7 December 2016 [Proposed Rules], pages 88173-88196).
Oct 03, 2016
EPA is proposing to revise provisions applicable to greenhouse gases (GHG) in the EPA's Prevention of Significant Deterioration (PSD) and title V permitting regulations. This action is in response to the 23 Jun 2014, U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA and the 10 Apr 2015, Amended Judgment by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The proposed revisions involve changes to several regulatory definitions in the PSD and title V regulations, revisions to the PSD provisions on GHG Plantwide Applicability Limitations (PALs), and revisions to other provisions necessary to ensure that neither the PSD nor title V rules require a source to obtain a permit solely because the source emits or has the potential to emit GHGs above the applicable thresholds. EPA is also proposing a significant emissions rate for GHGs under the PSD program that would establish an appropriate threshold level below which BACT is not required for a source's GHG emissions. Comments must be received on or before 2 Dec 2016. POC is Ms. Carrie Wheeler, U.S. EPA, Office of Air Quality Planning & Standards, Air Quality Policy Division, (C504-01), Research Triangle Park, NC 27711, Tel: (919) 541-9771, email: wheeler.carrie@epa.gov ( Federal Register; 3 October 2016 [Proposed Rules], pages 68110-68147).
Jul 26, 2016
PHMSA is proposing to amend the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders. Comments must be submitted by 26 September 2016. POC is Eileen Edmonson, Standards and Rulemaking Division, PHMSA, U.S. DOT, 1200 New Jersey Avenue SE., Washington, DC 20590, at 202-366-8553 ( Federal Register; 26 July 2016 [Proposed Rules], pages 48977-49022).
May 18, 2016
EPA proposes revisions to the NPDES regulations to eliminate regulatory and application form inconsistencies; improve permit documentation, transparency and oversight; clarify existing regulations; and remove outdated provisions. These proposed regulatory changes cover 15 topics in the following major categories: permit applications; the water quality-based permitting process; permit objection, documentation and process efficiencies; the vessels exclusion; and the CWA section 401 certification process. Comments must be received on or before 18 July 2016. POC is Erin Flannery-Keith, Water Permits Division, Office of Wastewater Management, Mail Code 4203M, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 202-566-0689; flannery-keith.erin@epa.gov ( Federal Register; 18 May 2017 [Proposed Rules], pages 31343-31374).
EPA is announcing that the period for providing public comments on the 18 April 2016, proposed "Protection of Stratospheric Ozone: Proposed New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products under the SNAP Program; and Revision of CAA Section 608 Venting Prohibition for Propane" is being extended by 14 days. The public comment period for the proposed rule will now close on 16 June 2016. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205 T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-7768; email: Farquharson.chenise@epa.gov ( Federal Register; 18 May 2016 [Proposed Rules], pages 31222-31223).
Apr 11, 2016
EPA is responding to a rulemaking petition requesting revision of the RCRA corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. EPA is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted. The Agency is also soliciting public comment on this tentative and the questions raised in this action. Comments must be received on or before 10 June 2016. POC is Gregory Helms, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-8855; email: corrosivitypetition@epa.gov( Federal Register; 11 April 2016 [Proposed Rules], pages 21295-21308).
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Sep 13, 2019
USFWS are removing the Foskett speckled dace (Rhinichthys osculus ssp.), a fish native to Oregon, from the Federal List of Endangered and Threatened Wildlife on the basis of recovery. This determination is based on a review of the best available scientific and commercial information, which indicates that the threats to the Foskett speckled dace have been eliminated or reduced to the point where it no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973 (Act), as amended. This rule is effective October 15, 2019. POC is Paul Henson, State Supervisor, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tele: 503-231-6179.
(Federal Register: 13 September 2019 [Rules and Regulations] Pages 48290-48308)
Aug 27, 2019
The USFWS and the NMFS, revised portions of their regulations that implement section 4 of the Endangered Species Act. The revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing or removing species from the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. This final regulation is effective on September 26, 2019. These revised regulations apply to classification and critical habitat rules for which a proposed rule was published after September 26, 2019. POC: Gary Frazer, USFWS, Washington, DC 20240, tele: 202.208.4646. (Federal Register: 27 August 2019 [Rules and Regulations] Pages 45020-45053)
USFWS revised regulations related to threatened species to remove the prior default extension of most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the revised regulations do not alter the applicable prohibitions. The revised regulations provide that the Service, pursuant to section 4(d) of the Endangered Species Act, will determine what protective regulations are appropriate for species added to or reclassified on the lists of threatened species. This final regulation is effective on September 26, 2019. POC Bridget Fahey, USFWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, telephone 703.358.2171. (Federal Register: 27 August 2019 [Rules and Regulations] Pages 44753-44760)
Aug 26, 2019
The EPA is amending the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (``MSW Landfills EG'). The general requirements for state and federal plans implementing emission guidelines (EG) are referred to as implementing regulations, which are cross-referenced in the MSW Landfills EG. In a separate regulatory action titled ``Revisions to Emission Guidelines Implementing Regulations,' the EPA finalized changes to modernize the implementing regulations governing EG under a new subpart. This action updates the cross-references to the implementing regulations in the MSW Landfills EG to harmonize with the new requirements for state and federal plans. The final rule is effective on September 6, 2019 and States must submit state plans by August 29, 2019. POC: Allison Costa, Sector Policies and Programs Division, Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-1322 and email: costa.allison@epa.gov. (Federal Register: 26 August 2019 [Rules and Regulations] Pages 44547-44556)
Jul 31, 2019
USFWS issued a final rule to comply with a court order that reinstated the regulatory protections under the Endangered Species Act of 1973, as amended (ESA), for the grizzly bear (Ursus arctos horribilis) in the Greater Yellowstone Ecosystem. This action is effective July 31, 2019. However, the court order had legal effect immediately upon being filed on September 24, 2018. POC Dr. Hilary Cooley, Grizzly Bear Recovery Coordinator, USFWS, University Hall, Room #309, University of Montana, Missoula, MT 59812; tel: 406-243-4903. (Federal Register: 31 July 2019 [Rules and Regulations] Pages 37144-37145).
Jul 09, 2019
EPA evaluated the current dust-lead hazard standards (DLHS) and the definition of lead-based paint (LBP). Based on this evaluation, this final rule revises the DLHS from 40 [micro]g/ft\2\ and 250 [micro]g/ft\2\ to 10 [micro]g/ft\2\ and 100 [micro]g/ft\2\ on floors and window sills, respectively. EPA is also finalizing its proposal to make no change to the definition of LBP because insufficient information exists to support such a change at this time. This final rule is effective January 6, 2020. POC: John Yowell, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: 202-564-1213; email: yowell.john@epa.gov. (Federal Register: 9 July 2019 [Rules and Regulations] Pages 32632-32648).
Jul 08, 2019
The U.S. Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors. These 30 product categories contain finished products that are made, in large part, from intermediate ingredients that have been designated for Federal procurement preference. Additionally, USDA is amending the existing designated product categories of general purpose de-icers, firearm lubricants, laundry products, and water clarifying agents. This rule is effective August 5, 2019. POC: Karen Zhang, USDA, Office of Procurement and Property Management, Room 1640, USDA South Building, 1400 Independence Avenue SW, Washington, DC 20250; tele: 919-765-9969; email: biopreferred_support@amecfw.com. Federal Register: 5 July 2019 [Rules and Regulations] Page 32015).
The U.S. Environmental Protection Agency (EPA) is finalizing three separate and distinct rulemakings. First, the EPA is repealing the Clean Power Plan (CPP) because the Agency has determined that the CPP exceeded the EPA's statutory authority under the Clean Air Act (CAA). Second, EPA is finalizing the Affordable Clean Energy rule (ACE), consisting of Emission Guidelines for Greenhouse Gas (GHG) Emissions from Existing Electric Utility Generating Units (EGUs) under CAA section 111(d), that will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel-fired EGUs. In ACE, the Agency is finalizing its determination that heat rate improvement (HRI) is the best system of emission reduction (BSER) for reducing GHG--specifically carbon dioxide (CO2)--emissions from existing coal-fired EGUs. Third, the EPA is finalizing new regulations for the EPA and state implementation of ACE and any future emission guidelines issued under CAA section 111(d). Effective date is September 6, 2019. POC: Mr. Nicholas Swanson, Sector Policies and Programs Division (Mail Code D205-01), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-4080; email: swanson.nicholas@epa.gov. (Federal Register: 8 July 2019 [Rules and Regulations] Pages 32520-3258
Jun 19, 2019
The EPA is amending the release notification regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to add the reporting exemption for air emissions from animal waste at farms provided in section 103(e) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). This final rule is effective 15 July 2019. POC: Sicy Jacob, EPA, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW, (Mail Code 5104A), Washington, DC 20460; tele: (202) 564-8019; email: jacob.sicy@epa.gov. (Federal Register: 13 June 2019 [Rules and Regulations] Pages 27533-27542)
Jun 04, 2019
USFWS designated critical habitat for the spring pygmy sunfish (Elassoma alabamae) under
the Endangered Species Act. In total, approximately 10.9 kilometers (6.7 miles) of streams and 1,330 acres (538 hectares) in Limestone and Madison Counties, Alabama, fall within the boundaries of the critical habitat designation. POC: William Pearson, Field Supervisor, USFWS tele: 251-441-5184. ( Federal Register 30 May 2019 [Rules and Regulations]Pages 24987-25009).
EPA Regions issued a final modification to the 2017 NPDES general permit for stormwater discharges from construction activities, also referred to as the ``2017 Construction General Permit (CGP)' or ``2017 CGP,' which became effective on February 16, 2017. The modified permit, hereinafter known as the ``modified 2017 CGP' or ``final modified permit,' replaces several conditions in the original 2017 CGP and relevant fact sheet sections. For further information on the permit, contact the appropriate EPA Regional office. ( Federal Register: 28 May 2019 [Notices] Pages 24503-24506).
May 03, 2019
The Chairman of the Council on Environmental Quality (CEQ) has issued instructions to Federal agencies for meeting energy and environmental performance requirements in a manner that increases efficiency, optimizes performance, eliminates unnecessary use of resources, and protects the environment, as required under Executive Order (E.O.) 13834. The Implementing Instructions for E.O. 13834, Efficient Federal Operations were issued on April 30, 2019. The Implementing Instructions for E.O. 13834, Efficient Federal Operations are available at: https://www.sustainability.gov/resources.html. POC: Dee Siegel, Office of Federal Sustainability, Council on Environmental Quality, at dsiegel@ceq.eop.gov or (202) 395-5750.( Federal Register: 3 May 2019 [Notices] Pages 19056-19057).
Apr 18, 2019
Following requests for clarification of its June 2016 final action, the EPA published proposed amendments to several provisions of the 2016 New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Commercial and Industrial Solid Waste Incineration (CISWI). This action finalizes the proposed amendments, which provide clarity and address implementation issues in the final CISWI NSPS and EG, as well as correcting inconsistencies and errors in these provisions. This final rule is effective on April 16, 2019. Dr. Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5572; email: modak.nabanita@epa.gov. ( Federal Register: 16 April 2019 [Rules and Regulations] Pages 15846-15918).
Apr 15, 2019
The National Marine Fisheries Service (NMFS) issued a final rule to list the Gulf of Mexico Bryde's whale (Balaenoptera edeni) as endangered under the ESA. After reviewing the best scientific and commercial data available, including the status review and comments received on the proposed rule, NMFS have determined that the whale warrants listing as endangered. The whale is presently in danger of extinction throughout all of its range due to its small population size and restricted range, and the threats of energy exploration, development and production, oil spills and oil spill response, vessel collision, fishing gear entanglement, and anthropogenic noise. Critical habitat is not determinable at this time but will be proposed in a future rulemaking. This final rule is effective on May 15, 2019. POC: Laura Engleby, NMFS, Southeast Regional Office, tele: (727) 824-5312, or email: laura.engleby@noaa.gov ( Federal Register: 15 April 2019 [Rules and Regulations] Pages 15446-15488).
Apr 08, 2019
USFWS is amending the List of Endangered and Threatened Wildlife by adding 16 species and by removing 1 species. They are also updating the entries for six species by adding critical habitat designation citations. POC: Sarah Quamme, Chief, Branch of Domestic Listing, USFWS MS-ES, 5275 Leesburg Pike, Falls Church, VA 22041; tele: 703-358-1796. ( Federal Register: 8 April 2019 [Rules and Regulations] Pages 13809-13813).
Mar 14, 2019
Feb 26, 2019
USFWS determined the northern subspecies of scarlet macaw (Ara macao cyanoptera) is an endangered species under the Endangered Species Act (ESA); the northern distinct population segment (DPS) of the southern subspecies of scarlet macaw (A. m. macao) is a threatened species, and the southern DPS of the southern subspecies of scarlet
macaw (A. m. macao) and subspecies crosses (A. m. cyanoptera and A. m. macao) to be threatened species based on similarity of appearance. This rule is effective March 28, 2019. POC: Don Morgan, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, 5275 Leesburg Pike, MS:ES, Falls Church, VA 22041;
tele: 703-358-2444. ( Federal Register: 26 February 2019 [Rules and Regulations] Pages 6278-6311).
Feb 25, 2019
Some pharmaceuticals are regulated as hazardous waste under the Resource Conservation and Recovery Act (RCRA) when discarded. This final rule adds regulations for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors. Healthcare facilities (for both humans and animals) and reverse distributors will manage their hazardous waste pharmaceuticals under this new set of sector-specific standards in lieu of the existing hazardous waste generator regulations. These new regulations prohibit the disposal of hazardous waste pharmaceuticals down the drain and eliminates the dual regulation of RCRA hazardous waste pharmaceuticals that are also Drug Enforcement Administration (DEA) controlled substances. The new rules codify EPA's prior policy on the regulatory status of nonprescription pharmaceuticals going through reverse logistics. ( Federal Register: 22, February 2019 [Rules and Regulations] Pages 5816-5950).
Feb 12, 2019
The Environmental Protection Agency (EPA) is finalizing certain revisions to the NPDES permitting regulations proposed on 18 May 2016. The final regulatory changes will be effective starting 12 June 2019. The final revisions modernize the NPDES regulations, promote submission of complete permit applications, and clarify regulatory requirements to allow more timely development of NPDES permits that protect human health and the environment. POC: Frank Sylvester, Water Permits Division, Office of Wastewater Management, Mail Code 4203M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-1279; email address: sylvester.francis@epa.gov. ( Federal Register 12 February 2019 [Rules and Regulations] Pages 3324-3338).
Jan 29, 2019
This Act amends the Federal Water Pollution Control Act to provide for an integrated planning process, to promote green infrastructure. Signed on January 14, 2019. ( Public Law 115-436)).
Dec 28, 2018
USFWS determined threatened species status under the Endangered Species Act of 1973 (ESA) for trispot darter (Etheostoma trisella), a fish species found in the Coosa River system in Alabama, Georgia, and Tennessee. This rule adds this species to the List of Endangered and Threatened Wildlife. POC is Bill Pearson, Field Supervisor, USFWS, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; tele: 251-441-5181. ( Federal Register; 28 December 2018 [Rules and Regulations], pages 67131-67140).
Dec 03, 2018
The EPA is announcing that the amendments to the Risk Management Program under the Clean Air Act put forward in a final rule published in the Federal Register on January 13, 2017 are in effect. The rule amends 40 CFR part 68 is effective December 3, 2018. POC: James Belke, EPA, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW, Washington, DC, 20460; tel: (202) 564-8023; email: belke.jim@epa.gov.( Federal Register; 3 December 2018 [Rules and Regulations] Pages 62268-62269).
Nov 28, 2018
The EPA is taking final action to revise the regulatory definition of volatile organic compounds (VOC) under the Clean Air Act (CAA). This final action adds HFO-1336mzz-Z to the list of compounds excluded from the regulatory definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone (O3) formation. POC: Dr. Souad Benromdhane, Office of Air Quality Planning and Standards, Health and Environmental Impacts Division, Mail Code C539-07, Environmental Protection Agency, Research Triangle Park, NC 27711; Tel: (919) 541-4359; email: benromdhane.souad@epa.gov. ( Federal Register; 28 November 2018 [Rules and Regulations], Pages 61127-61134).
Nov 21, 2018
The U.S. Fish and Wildlife Service has determined endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the candy darter (Etheostoma osburni), a freshwater fish species from Virginia and West Virginia. This rule adds this species to the Federal List of Endangered and Threatened Wildlife. This rule is effective 21 December 2018. POC is John Schmidt, Field Supervisor, West Virginia Ecological Services Field Office, 694 Beverly Pike, Elkins, WV 26241-9475; tel: 304-636-6586 ( Federal Register; 21 November 2018 [Rules and Regulations], pages 58747-58754).
Nov 16, 2018
This action amends certain existing testing regulations to reflect corrections, updates, and the addition of alternative equipment and methods for source testing of emissions. These revisions will improve the quality of data and provide flexibility in the use of approved alternative procedures. The revisions do not impose any new substantive requirements on source owners or operators. The final rule is effective on 14 January 2019. POC is Ms. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tel: 919-541-2910; fax: 919-541-0516; email: melton.lula@epa.gov ( Federal Register; 14 November 2018 [Rules and Regulations], pages 56713-56734).
Nov 14, 2018
This action amends certain existing testing regulations to reflect corrections, updates, and the addition of alternative equipment and methods for source testing of emissions. These revisions will improve the quality of data and provide flexibility in the use of approved alternative procedures. The revisions do not impose any new substantive requirements on source owners or operators. The final rule is effective on 14 January 2019. POC is Ms. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tel: 919-541-2910; fax: 919-541-0516; email: melton.lula@epa.gov ( Federal Register; 14 November 2018 [Rules and Regulations], pages 56713-56734).
Nov 07, 2018
Pipeline and Hazardous Materials Safety Administration (PHMSA), is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. By adopting these deregulatory amendments, PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety. This rule is effective December 7, 2018. POC is Steven Andrews, Tel: (202) 366-8553, email: steven.andrews@dot.gov, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. ( Federal Register; 7 November 2018 [Rules and Regulations], Pages 55792-55811).
Nov 02, 2018
The EPA has released for public review the draft Integrated Review Plan for the Ozone NAAQS (draft IRP). This document contains the draft plans and the anticipated schedule for the current review of the air quality criteria and NAAQS for photochemical oxidants including ozone (O3). The primary and secondary O3 NAAQS are set to protect the public health and the public welfare from O3 in ambient air. POC is Dr. Deirdre L. Murphy, Office of Air Quality Planning and Standards, (Mail Code C504-06),EPA, Research Triangle Park, NC 27711; tel: 919-541-0729, fax: 919-541-027; or email: murphy.deirdre@epa.gov ( Federal Register; 2 November 2018 [Notice],Pages 55163-55164).
Nov 01, 2018
Oct 18, 2018
U.S. Fish and Wildlife Service, is removing Deseret milkvetch (Astragalus desereticus) from the Federal List of Endangered and Threatened Plants due to recovery. Based on the best available scientific and commercial data, threats to Deseret milkvetch identified at the time of listing are not as significant as originally anticipated and are being adequately managed, the species' population is much greater than was known at the time of listing, and threats to this species have been sufficiently minimized such that it no longer meets the definition of an endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). This is final rule is effective 19 November 2018. POC is Larry Crist, Field Supervisor, tel: 801-975-3330 ( Federal Register; 18 October 2018 [Rules and Regulations], pages 52775-52786).
Oct 12, 2018
EPA is announcing the Agency's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The EPA is making 100 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 12 October 2018. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7652; email: smith.glynda@epa.gov ( Federal Register; 12 October 2018 [Rules and Regulatins], pages 51636-51652).
Oct 04, 2018
This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning, foam blowing, fire suppression, cleaning solvents, and aerosols sectors. This determination is applicable on 4 October 2018. POC is Gerald Wozniak; tel: 202-343-9624; email: wozniak.gerald@epa.gov; or by mail at U.S. EPA, Mail Code 6205T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
Aug 24, 2018
The ACHP issued a Program Comment to exempt consideration of effects to rail properties within rail rights-of-way at the request of the U.S. DOT to accelerate the review of these undertakings under Section 106 of the National Historic Preservation Act and to meet the requirement of Section 11504 of the Fixing America's Surface Transportation Act. The Program Comment can be used by any federal agency with responsibility to consider the effects of undertakings within rail rights-of-way. Federal agencies using the Program Comment may fulfill their Section 106 responsibilities for the relevant undertakings by implementing the terms of this comment, which include identifying those activities that meet the conditions in Appendix A and opting into the process to identify excluded historic rail properties and seek further streamlining of the review process under the property-based approach.The Program Comment was issued by the ACHP on 17 August 2018. POC is Kelly Y. Fanizzo, 202-517-0193, kfanizzo@achp.gov ( Federal Register; 24 August 2018 [Notices], pages 42920-42929).
Aug 13, 2018
The U.S. Fish and Wildlife Service has determined threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the hyacinth macaw (Anodorhynchus hyacinthinus), a species that occurs almost exclusively in Brazil and marginally in Bolivia and Paraguay. This rule adds this species to the List of Endangered and Threatened Wildlife. FWS is also establishing a rule pursuant to section 4(d) of the Act to further provide for the conservation of the hyacinth macaw. This rule is effective 12 September 2018. POC is Don Morgan, Chief, Division of Delisting and Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tel: 703-358-2444 ( Federal Register; 13 August 2018 [Rules and Regulations], pages 39894-39916).
Aug 08, 2018
On 11 December 2017, the EPA published a direct final rule and an accompanying notice of proposed rulemaking entitled "Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-based Standards." EPA proposed to modify the use conditions required for use of three flammable refrigerants--isobutane (R-600a), propane (R-290), and R-441A--in new household refrigerators, freezers, and combination refrigerators and freezers under the SNAP program to reflect an updated standard from Underwriters Laboratories. Because EPA received adverse comment, EPA withdrew the direct final rule through a separate notice. In this action, EPA is addressing relevant comments and finalizing the proposed use conditions with no changes. This rule is effective on 7 September 2018. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: 202-564-7768; email: farquharson.chenise@epa.gov ( Federal Register; 8 August 2018 [Rules and Regulations], pages 38969-38976).
Aug 06, 2018
EPA is making conforming changes to the EPA office and address to which paper documents concerning imports and exports of hazardous waste and conditionally excluded cathode ray tubes must be sent. The change in address is needed to reflect the reorganization of hazardous waste import-export functions on April 29, 2018, from the Office of Federal Activities' International Compliance Assurance Division, in EPA's Office of Enforcement and Compliance Assurance, to the International Branch within the Office of Resource Conservation and Recovery's Materials Recovery and Waste Management Division, in EPA's Office of Land and Emergency Management. This rule is effective on 6 August 2018. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery(5304P), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 703-308-0005; email address: coughlan.laura@epa.gov ( Federal Register; 6 August 2018 [Rules and Regulations; pages 38262-38263).
Jul 30, 2018
The Advisory Council on Historic Preservation (ACHP) has approved amendments to the Program Comment for the U.S. GSA that sets forth the way in which GSA complies with Section 106 of the National Historic Preservation Act for select repairs and upgrades to windows, lighting, roofing, and heating, ventilating, and air conditioning (HVAC) systems within historic public buildings. The amendments extend the life of the Program Comment through 1 August 2033, and update its reporting requirements. The amendments took effect on 27 July 2018. POC is Kirsten Kulis, Office of Federal Agency Programs, Advisory Council on Historic Preservation, 401 F Street NW, Suite 308, Washington, DC 20001 ( Federal Register; 27 July 2018 [Notices], pages 35672-35674).
On 17 April 2015 EPA promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. In March 2018, EPA proposed a number of revisions to the 2015 CCR rule and requested comment on additional issues. EPA is adopting two alternative performance standards that either Participating State Directors in states with approved CCR permit programs or EPA where EPA is the permitting authority may apply to owners and operators of CCR units. EPA also revised groundwater protection standards (GWPS) for 4 constituents without an established MCL. EPA extended the deadline by which facilities must stop the placement of waste in CCR units closing for cause in 2 situations: Where the facility has detected a statistically significant increase above a GWPS from an unlined surface impoundment; and where the unit is unable to comply with the aquifer location restriction. Proposed rule revisions not addressed in this rule will be addressed later. Final rule is effective on 29 August 2018. POC is Kirsten Hillyer, Office of RCRA, EPA, 5304P, Washington, DC 20460; tel: (03-347-0369; email: hillyer.kirsten@epa.gov ( Federal Register; 30 July 2018 [Rules and Regulations], pages 36435-36456).
The U.S. FWS is withdrawing the Endangered Species Act (ESA) Compensatory Mitigation Policy, published 27 December 2016 (ESA-CMP). In the document of November 6, 2017 we requested additional public comments regarding the policy's overall mitigation planning goal of net conservation gain. FWS is now withdrawing this policy. The Service does not have authority to require "net conservation gain" under the ESA, and the policy is inconsistent with current Executive branch policy. Except as otherwise specified, all policies or guidance documents that were superseded by ESA-CMP are reinstated. Withdrawal effective on 30 July 2018. POC is Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442 ( Federal Register; 30 July 2018 [Rules and Regulations], pages 36469-36472).
The U.S. FWS is withdrawing the Mitigation Policy published 21 November 2016, which guides Service recommendations on mitigating the adverse impacts of land and water developments on fish, wildlife, plants, and their habitats. In the FWS document of 6 November 2017, FWS requested additional public comments regarding this policy's overall mitigation planning goal of net conservation gain. FWS is now withdrawing this policy as it is no longer appropriate to retain the "net conservation gain" standard throughout various Service-related activities and is inconsistent with current Executive branch policy. Until further notice, all policies that were superseded by the 2016 Mitigation Policy are reinstated, including the Fish and Wildlife Service Mitigation Policy (46 FR 7644-7663) published in the Federal Register on 23 January 1981. Withdrawal effective on 30 July 2018. POC is Craig Aubrey, U.S. Fish and Wildlife Service, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442 ( Federal Register; 30 July 2018 [Rules and Regulations], pages 36472-36475).
Jun 25, 2018
This order maintains and enhances benefits to the Nation from the ocean, coastal, and Great Lakes waters of the United States through improved public access to marine data and information, efficient interagency coordination on ocean-related matters, and engagement with marine industries, the science and technology community, and other ocean stakeholders. To advance these national interests, this order recognizes and supports Federal participation in regional ocean partnerships, to the extent appropriate and consistent with national security interests and statutory authorities. This EO revokes EO 13547 of 19 July 2010 (Stewardship of the Ocean, Our Coasts, and the Great Lakes) ( Federal Register; 22 June 2018 [Presidential Documents], pages 29431-29434).
Jun 18, 2018
PHMSA issues this rulemaking in response to appeals submitted to a previously-published final rule. On 2 June 2016, PHMSA published a final rule that made miscellaneous amendments to the Hazardous Materials Regulations. This final rule specifically responds to appeals to extend the effective date of certain nitric acid packaging and emergency response telephone number amendments as previously adopted. This final rule also clarifies amendments associated with the trigger date of the 10-year test period for certain MC 331 cargo tanks in dedicated propane service and corrects editorial errors. This final rule is effective 8 July 2018. POC is Michael Ciccarone, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. DoT, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 ( Federal Register; 18 June 2018 [Rules and Regulations], pages 28162-28168).
Jun 11, 2018
EPA publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at http://www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act. POC for the Semiannual Agenda is Caryn Muellerleile; email:(muellerleile.caryn@epa.gov; tel: 202-564-2855( Federal Register; 11 June 2018 [Unknown Section], pages 27197-27203).
Apr 05, 2017
The Council on Environmental Quality (CEQ) is withdrawing its "Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews," for which a Notice of Availability was published on August 5, 2016. 81 FR 51866. This withdrawal is effective 5 April 2017. POC is Council on Environmental Quality (ATTN: Ted Boling, Associate Director for the National Environmental Policy Act), 730 Jackson Place NW., Washington, DC 20503. Tel: 202-395-5750 ( Federal Register; 5 April 2017 [Notices], pages 16576-16577.)
Mar 31, 2017
Promoting Energy Independence and Promoting Economic Growth
28 March 2017
The EO directs agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law. As a result of the review, agencies will submit a report including specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production.
Mar 06, 2017
In accordance with a Presidential directive, the U.S. EPA and the Department of the Army announces its intention to review and rescind or revise the Clean Water Rule. POCs are: Ms. Donna Downing, Office of Water (4502-T), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-566-2428; email CWAwaters@epa.gov, and Mr. Gib Owen, Office of the Assistant Secretary of the Army for Civil Works, Department of the Army, 104 Army Pentagon, Washington, DC 20310-0104; tel: 703-695-4641; email gib.a.owen.civ@mail.mil ( Federal Register; 6 March 2017 [Notices], page 12532).
Mar 03, 2017
This 28 February 2017 EO directs the EPA and USACE to review the final rule entitled "Clean Water Rule: Definition of 'Waters of the United States,'" 80 Fed. Reg. 37054 (June 29, 2015), and publish for notice and comment a proposed rule rescinding or revising the rule, as appropriate and consistent with law.
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Executive Order 13834
