|
The Regulatory Watch page will be your source for monitoring and tracking the progress of current draft and final regulatory information.
- Draft
- Final
- Final with compliance dates at least 6 months in the future:
Please select a document type from the list above or do your own legislation search and/or bill tracking from the link below:
|
Jun 01, 2023
This document advises the public that the USFWS intends to gather information necessary to develop a proposed rule for the exhibition of migratory birds and eagles. They are furnishing this advance notice of proposed rulemaking to advise other agencies and the public of their intentions and obtain suggestions and information on the scope of issues to include in the rulemaking. They will consider comments received or postmarked on or before 3 July 2023. POC is Jerome Ford, Assistant Director--Migratory Birds, tele: (703) 358–2606. (Federal Register 1 June 2023 [Proposed Rule] Pages 35821-35823)
USFWS proposes to amend our regulations to revise current regulatory authorizations and add new regulatory authorizations for possession of migratory birds and eagles and other purposes. These proposed changes would more efficiently and appropriately authorize the general public, educators, and government agency employees to possess birds and eagles in certain specific situations while meeting our obligations under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. They also propose a change to the Airborne Hunting Act regulations to clarify what Federal authorizations may be used to comply with that statute. This proposed rule is available for public comment through 31 July 2023. POC is Jerome Ford, Assistant Director–Migratory Birds Program, U.S. Fish and Wildlife Service, telephone: 703–358–2606, email: MB_mail@fws.gov. (Federal Register 1 June 2023 [Proposed Rule] Pages 35809-35821)
May 31, 2023
USFWS proposes to list the Sira curassow (Pauxi koepckeae) and southern helmeted curassow (Pauxi unicornis), two bird species from South America, as endangered species under the ESA. If finalized this rule, as proposed, would add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to these species. They will accept comments received or postmarked on or before 31 July 2023. POC is Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; tele: 703–358–2171. (Federal Register 31 May 2023 [Proposed Rule] Pages 34800-34810) .
May 30, 2023
PHMSA proposes to amend the Hazardous Materials Regulations 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. Comments must be received by July 31, 2023. POC is Candace Casey, 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 30 May 2023 [Proposed Rule] Pages 34568-34622)
May 26, 2023
May 24, 2023
EPA is proposing five separate actions under section 111 of the CAA addressing GHG emissions from fossil fuel-fired electric generating units (EGUs). The EPA is proposing revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. Third, the EPA is proposing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the largest, most frequently operated existing stationary combustion turbines and is soliciting comment on approaches for emission guidelines for GHG emissions for the remainder of the existing combustion turbine category. Finally, the EPA is proposing to repeal the Affordable Clean Energy (ACE) Rule. Comments must be received on or before 24 July 2023. POC is Christian Fellner, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541–4003; and email: fellner.christian@epa.gov. ( Federal Register 23 May 2023 [Proposed Rule] Pages 33240-33420)
Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector. Specifically, EPA proposes to list several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also proposes to exempt propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the CAA on knowingly venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence that the venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Comments must be received on or before 10 July 2023. POC is Gerald Wozniak, Stratospheric Protection Division, Office of Atmospheric Protection, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–343–9624; email:wozniak.gerald@epa.gov. ( Federal Register 24 May 2023 [Proposed Rule] Pages 33722-33797).
NMFS announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the ESA. The petitioner also requests that NMFS designate critical habitat. They find that the petition and information readily available in their files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, they are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, they are soliciting scientific and commercial data regarding this species. Scientific and commercial data pertinent to the petitioned action must be received by 24 July 2023. POC is Joe Heublein, NMFS Southeast Region, 727–209–596. ( Federal Register 23 May 2023 [Proposed Rule] Pages 33075-33079).
May 22, 2023
EPA is issuing a supplemental proposal that would amend specific provisions in the GHG Reporting Rule to improve the quality and consistency of the rule by providing for the collection of improved data to better inform and be relevant to a wide variety of CAA provisions that the EPA carries out. The EPA recently evaluated the requirements of the GHG Reporting Rule to identify areas of improvement, including updates to the existing calculation, recordkeeping, and reporting requirements, and requested information for collection of additional data to understand new source categories in a proposed rule (21 June 2022). EPA is proposing additional amendments to the GHG Reporting Rule, including updates to the General Provisions to reflect revised global warming potentials, and is proposing to require reporting of GHG data from additional sectors--specifically energy consumption; coke calcining; ceramics production; calcium carbide production; and caprolactam, glyoxal, and glyoxylic acid production. The EPA is also proposing additional revisions that would improve implementation of the GHG Reporting Rule. Comments must be received on or before 21 July 2023. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC–6207A), EPA 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 343–9548; email: GHGReporting@epa.gov. (Federal Register 22 May 2023 [Proposed Rule] Pages 32852-32947)
May 16, 2023
A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes; to the Committee on Environment and Public Works. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)
May 15, 2023
May 10, 2023
May 09, 2023
May 05, 2023
EPA is proposing to establish Federal water quality standards (WQS) for Indian reservation waters that currently do not have WQS in effect under the CWA, with limited exceptions. These WQS would establish human health and environmental objectives as the basis for CWA protections. EPA would implement the baseline WQS, in consultation with Tribes, in a manner that would address location-specific water quality conditions and Tribal circumstances, as appropriate, and consistent with all relevant public participation requirements to ensure transparency for stakeholders. Tribes are encouraged to seek authority to administer their own WQS program under the Act's provision for eligible Tribes to be treated in a similar manner as states (TAS). Baseline WQS would not apply in instances where Tribes with TAS authority have EPA-approved WQS now or in the future. EPA will continue to work closely with, and offer support to, Tribes that wish to develop their own WQS under the CWA. Comments must be received on or before 3 August 2023. POC is James Ray, U.S. EPA, Office of Science and Technology, Standards and Health Protection Division, 1200 Pennsylvania Avenue NW (MC 4305T), Washington, DC 20460, tele: (202) 566–1433 and email: ray.james@epa.gov. (Federal Register 5 May 2023 [Proposed Rule] Pages 29496)
May 03, 2023
EPA is proposing to address the unreasonable risk of injury to human health presented by methylene chloride under its conditions of use as documented in EPA's June 2020 Risk Evaluation for Methylene Chloride and November 2022 revised risk determination for methylene chloride prepared under the TSCA. Methylene chloride, also known as dichloromethane, is acutely lethal, a neurotoxicant, a likely human carcinogen, and presents cancer and non-cancer risks following chronic exposures as well as acute risks. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture, processing, and distribution in commerce of methylene chloride for consumer use; prohibit most industrial and commercial uses of methylene chloride; require a workplace chemical protection program; require recordkeeping and downstream notification requirements for several conditions of use of methylene chloride; and provide certain time-limited exemptions from requirements for uses of methylene chloride that would significantly disrupt national security and critical infrastructure. Comments must be received on or before 3 July 2023. POC is Ingrid Feustel, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele 202–564–3199; email: MethyleneChlorideTSCA@epa.gov; (Federal Register 3 May 2023 [Proposed Rule] Pages 28284-28346)
May 01, 2023
Apr 27, 2023
The EPA is proposing to amend the NESHAP for Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs), commonly known as the Mercury and Air Toxics Standards (MATS). Specifically, the EPA is proposing to amend the surrogate standard for non-mercury (Hg) metal HAP (filterable particulate matter (fPM)) for existing coal-fired EGUs; the fPM compliance demonstration requirements; the Hg standard for lignite-fired EGUs; and the definition of startup. These proposed amendments are the result of the EPA's review of the 22 May 2020 residual risk and technology review (RTR) of MATS. Comments must be received on or before 23 June 2023. POC is Sarah Benish, 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; tele: (919) 541–5620; and email: benish.sarah@epa.gov. (Federal Register 24 April 2023 [Proposed Rule] Pages 24854-24896) .
Apr 19, 2023
The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Commercial Sterilization Facilities source category. The EPA is proposing decisions concerning the risk and technology review (RTR), including proposing amendments pursuant to the technology review for certain point source emissions and proposing amendments pursuant to the risk review to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. The EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate. Lastly, the EPA is proposing to revise monitoring and performance testing requirements and to add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. Comments must be received on or before 12 June 2023. For questions about this proposed action, contact Jonathan Witt, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, NC 27711; tele: (919) 541– 5645; and email: witt.jon@ epa.gov. ( Federal Register 13 April 2023 [Proposed Rule] Pages 22790-22857)
Apr 17, 2023
Apr 14, 2023
EPA is seeking public input and data to assist in the consideration of potential development of future regulations pertaining to PFAS under the CERCLA or Superfund. The Agency is seeking input and data regarding potential future hazardous substance designation under CERCLA of: Seven PFAS, besides PFOA and PFOS, and their salts and structural isomers, or some subset thereof; precursors (a precursor is a chemical that is transformed into another compound through the course of a degradation process) to PFOA, PFOS, and seven other PFAS; and/or categories of PFAS. Comments must be received on or before 12 June 2023. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5201T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 703–346–9536; email: schutz.michelle@epa.gov. ( Federal Register 13 April 2023 [Proposed Rule] Pages 22399-22403).
USFWS announced the reopening of the comment period on their 15 July 2021, proposed rule (hereinafter the "2021 proposed rule") to designate critical habitat for the rufa red knot (Calidris canutus rufa) under the ESA. In this document, they present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, they now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. USFWS can fully consider comments in their final determination if submitted on or before 30 May 2023. POC is Eric Schrading, Field Supervisor, USFWS, New Jersey Ecological Services Field Office, 4 East Jimmie Leeds Road, Suite 4, Galloway, NJ 08205; tele: 609–382–5272. ( Federal Register 13 April 2023 [Proposed Rule] Pages 22530-22693).
Apr 11, 2023
USFWS propose to remove the Colorado hookless cactus (Sclerocactus glaucus) from the Federal List of Endangered and Threatened Plants (List) due to recovery. Recent taxonomic studies have indicated that the currently listed entity is actually two species: Sclerocactus glaucus and Sclerocactus dawsonii. They find that neither species should be listed as a threatened or endangered species under the ESA. Their review of the best available scientific and commercial data indicates that the threats to the species have been eliminated or reduced to the point that these species no longer meet the definition of a threatened or endangered species under the Act. They request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Colorado hookless cactus (S. glaucus and S. dawsonii). If this proposal is finalized, Colorado hookless cactus will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to the species. They will accept comments received or postmarked on or before 12 June 2023. POC is Creed Clayton, Acting Western Colorado Field Supervisor, USFWS, Colorado Ecological Services Office, 445 West Gunnison Ave., Suite 240, Grand Junction, CO 81501; tele 970–628–7187. ( Federal Register 11 April 2023 [Proposed Rule] Pages 21582-21600)
Apr 10, 2023
NMFS have completed a comprehensive status review under the ESA for the Atlantic humpback dolphin (Sousa teuszii) in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the species. Based on the best scientific and commercial information available, including the draft status review report, and taking into account efforts being made to protect the species, they have determined that the Atlantic humpback dolphin has a high risk of extinction throughout its range and warrants listing as an endangered species. This species occurs only in coastal Atlantic waters of western Africa. They are authorized to designate critical habitat within U.S. jurisdiction only, and they are not aware of any areas within U.S jurisdiction that may meet the definition of critical habitat under the ESA. Therefore, they are not proposing to designate critical habitat. NMFS are soliciting public comments on our draft status review report and proposal to list this species. Comments on this proposed rule must be received by 6 June 2023. POC is Heather Austin, NMFS Office of Protected Resources, 301–427–8422. ( Federal Register 7 April 2023 [Proposed Rule] Pages 20829-20846)
Apr 07, 2023
Apr 06, 2023
Apr 04, 2023
Apr 03, 2023
Mar 31, 2023
A bill to direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife and to issue a new rule removing the Northern Continental Divide Ecosystem population of grizzly bears from such list. (Congressional Record: 3 March 2023 [House] Pages H1112-H1114)
Mar 28, 2023
Mar 27, 2023
Mar 13, 2023
Mar 10, 2023
Mar 02, 2023
Feb 24, 2023
USFWS proposes to list two distinct population segments (DPSs) of the California spotted owl (Strix occidentalis occidentalis), a bird species from California and Nevada, under the ESA. This determination also serves as their 12-month finding on a petition to list the California spotted owl. After a review of the best available scientific and commercial information, they find that listing the Coastal-Southern California DPS as endangered is warranted, and that listing the Sierra Nevada DPS as threatened is warranted. Accordingly, they propose to list the Coastal-Southern California DPS as an endangered species under the Act and the Sierra Nevada DPS as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, will add these two DPSs to the List of Endangered and Threatened Wildlife and extend the Act's protections to them. They will accept comments received or postmarked on or before 24 April 2023. POC is Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. ( Federal Register 23 February 2023 [Rule] pages 11600-11639)
Feb 17, 2023
USFWS proposes to remove the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that this wood stork DPS has recovered and the threats to it are being adequately managed such that the DPS no longer meets the definition of an endangered species or threatened species under the ESA). If finalized the prohibitions and conservation measures provided by the ESA, particularly through section 7, and USFWS regulations would no longer apply to the wood stork DPS. They are seeking information and comments from the public regarding this proposed rule. They will accept comments received or postmarked on or before 17 April 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; tele: 904-731-3134. ( Federal Register 15 February 2023 [Proposed Rule] Pages 9830-9850)
Feb 14, 2023
U.S. Fish Wildlife Service proposes to revise the regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA. The purposes of these revisions are to clarify the appropriate use of enhancement of survival permits and incidental take permits; clarify our authority to issue these permits for non-listed species without also including a listed species; simplify the requirements for enhancement of survival permits by combining safe harbor agreements and candidate conservation agreements with assurances into one agreement type; and include portions of our five-point policies for safe harbor agreements, candidate conservation agreements with assurances, and habitat conservation plans in the regulations to reduce uncertainty. They also propose to make technical and administrative revisions to the regulations. The proposed regulatory changes are intended to reduce costs and time associated with negotiating and developing the required documents to support the applications. They will accept comments from all interested parties until 10 April 2023. POC is Lisa Ellis, Chief, Branch of Recovery and Conservation Planning, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele: 703-358-2307. ( Federal Register 9 February 2023 [Proposed Rule] Pages 8380-8396)
Feb 10, 2023
USFWS announced three 90-day findings on petitions to delist the grizzly bear in the lower-48 States (Ursus arctos horribilis) under the ESA. One petition requests delisting the grizzly bear in the lower-48 States, and the other two petitions request delisting populations in two specific ecosystems, the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE). With the publication of this document, they announce that they plan to initiate a status review to determine whether the petitioned actions are warranted. To ensure that the status review is comprehensive, they are requesting new scientific and commercial data and other information regarding the grizzly bear in the NCDE and GYE and factors that may affect its status in those ecosystems, including the adequacy of existing regulatory mechanisms to address threats now and in the foreseeable future. Based on the status review, they will issue a 12-month petition finding, which will address whether the petitioned actions are warranted, in accordance with the Act. The findings announced in this document were made on 6 February 2023. POC is Hilary Cooley, Grizzly Bear Recovery Coordinator, Grizzly Bear Recovery Office, telephone: 406-243-4903, email: hilary_cooley@fws.gov. ( Federal Register 6 February 2023 [Proposed Rule] Pages 7658-7660)
Jan 31, 2023
On July 13, 2022, we, the U.S. Fish and Wildlife Service (Service), proposed to delist the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico. USFWS announced a 60-day public comment period on the proposed rule, ending September 12, 2022. They are reopening the comment period for 30 days to hold a public hearing and to allow all interested parties additional time to comment on our proposal. Comments previously submitted will be fully considered in preparation of the final rule and do not need to be resubmitted. They will accept comments received or postmarked on or before 2 March 2023. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. ( Federal Register 31 January 2023 [Proposed Rule] Pages 6220-6222).
Jan 26, 2023
USFWS proposes to designate critical habitat for the sickle darter (Percina williamsi) under the ESA. In total, approximately 104 river miles (168 river kilometers) in Bledsoe, Blount, Morgan, and Roane Counties, Tennessee, and Scott, Smyth, and Washington Counties, Virginia, fall within the boundaries of the proposed critical habitat designation. If finalized this would extend the Act's protections to this species' critical habitat. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the sickle darter. They will accept comments received or postmarked on or before 27 March 2023. POC is Daniel Elbert, Field Supervisor, USFWS, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; tele 931-528-6481. ( Federal Register 24 January 2023 [Proposed Rule] Pages 4128-4150)
Jan 25, 2023
Jan 17, 2023
A bill to amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. ( Congressional Record: 9 January 2023 [House] Pages H97-H108)
Jan 12, 2023
NMFS announce a 90-day finding on a petition to list the Oregon Coast (OC) and Southern Oregon and Northern California Coastal (SONCC) Chinook salmon (Oncorhynchus tshawytscha) Evolutionarily Significant Units (ESUs) as threatened or endangered under the ESA or, alternatively, list only the spring-run Chinook salmon components of the OC ESU and the SONCC ESU as threatened or endangered under the ESA. The Petitioners also requested that NMFS designate critical habitat concurrently with the listing. With respect to the request to list the entire OC and SONCC ESUs, they find that the petition presents substantial scientific and commercial information indicating the petitioned actions may be warranted. For the request to list only the spring-run components of those ESUs, they do not find that the petition presents substantial scientific and commercial information indicating that the petitioned action is warranted. Scientific and commercial information pertinent to the petitioned action must be received by 13 March 2023. POC is Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, (503) 230-5424. ( Federal Register 11 January 2023 [Proposed Rule] Pages 1548-1555)
Jan 03, 2023
Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action proposes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also proposes the second supplemental standard addressing the remand of the 2016 standard-setting rulemaking. Finally, this action proposes several regulatory changes to the RFS program including regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the program's implementation. Comments must be received on or before 10 February 2023. POC is David Korotney, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734-214-4507; email: RFS-Rulemakings@epa.gov. ( Federal Register 30 December 2022 [Proposed Rule] Pages 80582-80756)
Dec 30, 2022
DOE is publishing a supplemental notice of proposed rulemaking SNOPR to establish revised energy performance standards for the construction of new Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the ECPA, as amended by the EISA of 2007. This document presents an updated proposal with a new focus that accounts for the needs of Federal agencies and the goals of the Administration and responds to comments received on prior NOPR and SNOPR documents. Consistent with the requirements of ECPA and EISA, this document presents revised Federal building energy performance standards that would require reductions in Federal agencies' on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of ECPA and EISA and provides processes by which agencies can petition DOE for the downward adjustment of said targets for buildings. DOE will accept comments, data, and information regarding this SNOPR no later than 21 February 2023. POC is Mr. Jeremy Williams, U.S. DOE, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: Jeremy.Williams@ee.doe.gov. ( Federal Register: 21 December 2022 [Proposed Rule] Pages 78382-78436).
Dec 29, 2022
USFWS propose to designate critical habitat for the federally threatened `i`iwi (Drepanis coccinea) under the ESA. In total, approximately 275,647 acres (111,554 hectares) on the islands of Kaua`i, Maui, and Hawai`i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation. They also announced a public informational meeting and public hearing and the availability of a draft economic analysis of the proposed critical habitat designation. They will accept comments received or postmarked on or before 27 February 2023. POC is Earl Campbell, Project Leader, USFWS, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122, Honolulu, HI 96850; tele 808-792-9400. ( Federal Register 28 December 2022 [Proposed Rule] Pages 79942-79975)
DoD, GSA, and NASA issued a proposed rule on 14 November 2022, proposing to amend the Federal Acquisition Regulation (FAR) to implement a requirement to ensure certain Federal contractors disclose their greenhouse gas emissions and climate-related financial risk and set science-based targets to reduce their greenhouse gas emissions. The deadline for submitting comments is being extended from 13 January 2023, to 13 February 2023, to provide additional time for interested parties to provide comments on the proposed rule. For the proposed rule published on 14 November 2022, (87 FR 68312), submit comments by 13 February 2023. POC is Ms. Jennifer Hawes, Procurement Analyst, at 202-255-9194 or by email at jennifer.hawes@gsa.gov. ( Federal Register 23 December 2022 [Proposed Rule] Pages 78910-7891)
Dec 15, 2022
EPA is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to: restrict the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establish a process for submitting technology transitions petitions; establish recordkeeping and reporting requirements; and address certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. The proposed restrictions on the use of hydrofluorocarbons would, in part, address petitions granted on 7 October 2021, and 19 September 2022. The EPA is also seeking advance information on certain topics that may be helpful to developing a future proposed rule including on restrictions on the use of hydrofluorocarbons for certain other sectors and subsectors and on a third-party auditing program to verify substances used in products. Comments on this notice of proposed rulemaking must be received on or before 30 January 2023. POC is Allison Cain, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1566; email: cain.allison@epa.gov. ( Federal Register 15 December 2022 [Proposed Rule] Pages 76738-76813)
Dec 12, 2022
USFWS proposes to revise the List of Birds protected by the MBTA by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of natural occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States or U.S. territories, and changing names to conform to accepted use. The net increase of 13 species (16 added and three removed) would bring the total number of species protected by the MBTA to 1,106. They also propose to revise the scientific name of a species subject to specific migratory-bird-permit regulations and to revise corresponding entries for several migratory bird species that are also listed on the List of Endangered and Threatened Wildlife under the Endangered Species Act to reflect currently accepted taxonomy and nomenclature. They will accept comments received or postmarked on or before 10 February 2023. POC is Eric L. Kershner, Chief, Division of Bird Conservation, Permits, and Regulations; Migratory Bird Program; USFWS; MS: MB; 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2376. ( Federal Register 10 December 2022 [Proposed Rule] Pages 75977-76023)
Dec 06, 2022
EPA is proposing to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the EPCRA and the PPA pursuant to the NDAA to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). These PFAS already have a lower reporting threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern will cause such PFAS to be subject to the same reporting requirements as other chemicals of special concern (i.e., it would eliminate the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. In addition, EPA is proposing to remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This change will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase. Comments must be received on or before 3 February 2023. https://www.federalregister.gov/d/2022-26022
Dec 05, 2022
EPA is proposing amendments to the Standards of Performance for secondary lead smelters per the Agency's periodic review of the new source performance standards required by the CAA. In this action, they are proposing updates to the current NSPS for secondary lead smelters and proposing a new NSPS subpart that applies to affected sources constructed, reconstructed, or modified after the date of this proposed rule. For the current NSPS subpart, they are proposing to revise the definitions of blast furnace, reverberatory furnace, and pot furnace to more closely align with the equipment definitions used in the NESHAP for secondary lead smelting. They are also proposing requirements for periodic performance tests for PM and incorporating revised monitoring, recordkeeping, and reporting requirements, including electronic reporting of performance tests, to be more consistent with the NESHAP. Please read full text for additional subpart proposals. Comments must be received on or before 17 January 2023. POC is Tonisha Dawson, Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-1454; and email: dawson.tonisha@epa.gov. ( Federal Register 1 December 2022 [Proposed Rule] Pages 73708-73722)
Nov 30, 2022
The EPA is announcing the availability of and soliciting comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). The EPA seeks public comment on all aspects of the IRFA and Updated Economic Analysis, including underlying data and assumptions in developing its estimates, as well as on certain items presented in the IRFA for public comment and related to the protection of Confidential Business Information. Comments must be received on or before 27 December 2022. POC is Stephanie Griffin, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-1463; email address: griffin.stephanie@epa.gov. ( Federal Register 25 November 2022 [Proposed Rule] Pages 72439-72441).
Nov 29, 2022
USFWS are revising their proposed designation of critical habitat for the Florida bonneted bat (Eumops floridanus) under the ESA. In response to new information they received and public comments on their 10 June 2020, proposed rule, they are now proposing to designate approximately 1,174,011 acres (475,105 hectares) in 13 Florida counties as critical habitat for the species. They also announce the availability of a draft economic analysis (DEA) of the revised proposed designation of critical habitat for the Florida bonneted bat. They request comments from all interested parties on this revised proposed rule and the associated DEA. Comments submitted on our 10 June 2020, proposed rule need not be resubmitted as they will be fully considered in the preparation of the final rule. If finalized this rule would extend the Act's protections to this species' critical habitat. They will accept comments on this revised proposed rule and the DEA that are received or postmarked on or before 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tele: (904) 731-3134. ( Federal Register 22 November 2022 [Proposed Rule] Pages 71466-71501)
Nov 10, 2022
NMFS will hold a public hearing related to our proposed rule published 8 September 2022, to list the queen conch (Aliger gigas) as a threatened species under the ESA. They are also reopening the public comment period, which will now close on 15 December 2022. The comment period is reopened from 7 November 2022, to 15 December 2022. Comments must be received by 15 December 2022. Comments received after this date may not be accepted. POC is Calusa Horn, NMFS, Southeast Regional Office at (727) 551-5782 or calusa.horn@noaa.gov. ( Federal Register 10 November 2022 [Rule] Pages 67853-67854)
Nov 04, 2022
EPA is proposing to amend existing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to establish the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also proposing to amend the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including proposing to: codify the existing approach of how allowances must be expended for import of regulated substances; revise recordkeeping and reporting requirements; and implement other modifications to the existing regulations. Comments on this notice of proposed rulemaking must be received on or before 19 December 2022. POC is John Feather, EPA, Stratospheric Protection Division, tele: 202-564-1230; or email: feather.john@epa.gov. ( Federal Register 3 November 2022 [Notice] Pages 66372-66409).
Oct 25, 2022
NMFS proposed to designate critical habitat for the threatened Nassau grouper pursuant to section 4 of the ESA. Specific occupied areas proposed for designation as critical habitat contain approximately 2,353.19 sq. kilometers (908.57 sq. miles) of aquatic habitat located in waters off the coasts of southeastern Florida, Puerto Rico, Navassa, and the United States Virgin Islands (USVI). They have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat. They are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of impacts of the proposed action. Written comments and information must be received by 16 December 2022. POC is Patrick Opay, email: Patrick.Opay@noaa.gov and tele: 727-551-5789. ( Federal Register 17 October 2022 [Proposed Rule] Pages 62930-62971)
In this action, the Administrator is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of section 231(a) of the Clean Air Act. The Administrator is also proposing to find that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231(a) of the Clean Air Act. Written comments must be received on or before 17 January 2023. POC is Marion Hoyer, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA; Tele: (734) 214-4513; Email: hoyer.marion@epa.gov. ( Federal Register 17 October 2022 [Proposed Rules] Pages 62753-62781).
Oct 18, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidei ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover) under the ESA. In total, approximately 179,680 acres (72,714 hectares) for Everglades bully, 177,879 acres (71,985 hectares) for Florida pineland crabgrass, 8,867 acres (3,588 hectares) for pineland sandmat, and 179,300 acres (72,560 hectares) for Florida prairie-clover in Monroe, Collier, and Miami-Dade Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitats. They also announced the availability of a draft economic analysis (DEA) of the proposed designations of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. ( Federal Register 14 October 2022 [Proposed Rule] Pages 62564-62611)
U.S. Fish and Wildlife Service (Service), propose to list two Florida species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), and propose to designate critical habitat under the ESA. This determination also serves as their 12-month finding on the petition to list the Key ring-necked snake and the rim rock crowned snake. After a review of the best available scientific and commercial information, they find that listing both species is warranted. Accordingly, they propose to list both species as endangered species under the Act. If finalized, this rule as proposed, would add the species to the List of Endangered and Threatened Wildlife and extend the Act's protections to both species. They also propose to designate critical habitat for the Key ring-necked snake and the rim rock crowned snake under the Act. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. ( Federal Register 14 October 2022 [Proposed Rule] Pages 62614-62674)
Oct 17, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Chamaecrista lineata var. keyensis (Big Pine partridge pea), Chamaesyce deltoidei ssp. serpyllum (wedge spurge), Linum arenicola (sand flax), and Argythamnia blodgettii (Blodgett's silverbush) under the ESA. In total, approximately 1,462 acres (592 hectares) for Big Pine partridge pea and approximately 1,379 acres (558 hectares) for wedge spurge, in Monroe County, Florida, and approximately 5,090 acres (2,060 hectares) for sand flax and 16,635 acres (6,732 hectares) for Blodgett's silverbush in Miami-Dade and Monroe Counties, Florida, fall within the boundaries of the proposed critical habitat designations. If finalized, this rule as proposed, would extend the Act's protections to the species' critical habitat. They also announced the availability of a draft economic analysis of the proposed designation of critical habitat for these four plant species. They will accept comments received or postmarked on or before 13 December 2022. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. ( Federal Register 14 October 2022 [Proposed Rule] Pages 62502-62562)
EPA is proposing to repeal regulatory amendments promulgated through a final rule adopted in 2008 under the CAA that addressed the consideration of "fugitive" emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Act. Those amendments have been stayed as a result of the reconsideration process. To bring closure to the reconsideration proceeding, the EPA is proposing to fully repeal the 2008 rule by removing the stayed provisions of the regulatory amendments adopted in 2008. The EPA is also proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a "major modification," requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) programs. Comments must be received on or before 13 December 2022. POC is Matthew Spangler, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504-05), EPA, Research Triangle Park, NC; tel: (919) 541-0327; email: spangler.matthew@epa.gov. ( Federal Register 14 October 2022 [Proposed Rule] Pages 62322-62337)
Oct 11, 2022
USFWS proposes to list the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys) (Bay-Delta longfin smelt), a fish species of the Pacific Coast, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the DPS is warranted. Accordingly, they propose to list the Bay-Delta longfin smelt DPS as an endangered species under the Act. If finalized this rule as proposed, it would add this DPS to the List of Endangered and Threatened Wildlife and extend the Act's protections to the DPS. They also find that the designation of critical habitat for the Bay-Delta longfin smelt is not determinable at this time. They will accept comments received or postmarked on or before 6 December 2022. POC is Donald Ratcliff, Field Supervisor, USFWS, San Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall Suite 8-300, Sacramento, CA 95814; tel 916-930-5603. ( Federal Register 7 October 2022 [Proposed Rule] Pages 60957-60975)
Oct 06, 2022
U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Louisiana pinesnake (Pituophis ruthveni) under the ESA. In total, approximately 209,520 acres (84,790 hectares) in Bienville, Grant, Rapides, and Vernon parishes, Louisiana, and in Newton, Angelina, and Jasper Counties, Texas, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Louisiana pinesnake. They will accept comments received or postmarked on or before 5 December 2022. POC is Brigette Firmin, Deputy Field Supervisor, USFWS, Louisiana Ecological Services Field Office, 200 Dulles Drive, Lafayette, LA 70506; Tel 337-291-3100. ( Federal Register 6 October 2022 [Rule] Pages 60580-60612)
USFWS proposes to list the Lassics lupine (Lupinus constancei), a plant species native to northern California, as an endangered species and designate critical habitat under the ESA. This determination also serves as their 12-month finding on a petition to list the Lassics lupine. After a review of the best available scientific and commercial information, they find that listing the species is warranted. If finalized this rule as proposed, would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They also propose to designate critical habitat for the Lassics lupine under the Act. In total, approximately 512 acres (ac) (207 hectares (ha)) in Humboldt and Trinity Counties, California, fall within the boundaries of the proposed critical habitat designation. In addition, we announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for the Lassics lupine. They will accept comments received or postmarked on or before 5 December 2022. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; Tel 707-822-7201. ( Federal Register 6 October 2022 [Rule] Pages 60612-60638)
Sep 30, 2022
USFWS are reopening the comment period on our 25 October 2021 proposed rule to designate critical habitat for the coastal distinct population segment of Pacific marten (coastal marten) (Martes caurina), a mammal species from coastal California and Oregon, under the ESA. This action will allow all interested parties an additional opportunity to comment on the 25 October 2021, proposed rule, as well as the opportunity to comment on the additional areas they are considering for exclusion from critical habitat designation, potential changes to Unit 1, and on new habitat modeling efforts for the coastal marten, as explained in this document. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. The comment period on the proposed rule that published 25 October 2021. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707-822-7201.
Sep 27, 2022
USFWS proposes to list the Florida Keys mole skink (Plestiodon egregius egregius), a lizard subspecies from the Florida Keys, Florida, as a threatened species and designate critical habitat under the ESA. This determination also serves as our 12-month finding on a petition to list the Florida Keys mole skink. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Florida Keys mole skink as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They also propose to designate critical habitat for the Florida Keys mole skink under the ESA. In total, approximately 7,068 acres (2,860 hectares) within Monroe County in the Florida Keys, Florida , fall within the boundaries of the proposed critical habitat designation.They will accept comments received or postmarked on or before 28 November 2022. POC is Lourdes Mena, Division Manager, Classification and Recovery, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; lourdes_mena@fws.gov; Tel 904-731-3134. ( Federal Register 27 September 2022 [Proposed Rule] Pages 58648-58703).
Sep 22, 2022
The Coast Guard is proposing to align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization's Marine Environment Protection Committee's Circular 25. The updated tables would provide a list of the liquid hazardous materials and liquefied and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. This proposed rule would impose no additional costs to chemical shippers or vessel owners. Comments and related material must be received by the Coast Guard on or before 21 December 2022. POC is Dr. Raghunath Halder, U.S. Coast Guard Hazardous Materials Division (CG-ENG-5); tel 202-372-1422, email Raghunath.Halder@uscg.mil. ( Federal Register 22 September 2022 [Proposed Rule] Pages 57984-58018).
Sep 14, 2022
U.S. Fish and Wildlife Service (Service), propose to list the tricolored bat (Perimyotis subflavus), as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the tricolored bat. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, USFWS propose to list the tricolored bat as an endangered species under the Act. If they finalize this rule as proposed, it will add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They find that designating critical habitat for this species is not prudent. They also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule. USFWS will accept comments received or postmarked on or before 14 November 2022. POC is Sonja Jahrsdoerfer, Field Supervisor, USFWS, Pennsylvania Field Office, 110 Radnor Rd, Suite 101, State College, PA 16801; tele 814-234-4090. ( Federal Register 14 September 2022 [Proposed Rule] Pages 56381-56393).
Sep 12, 2022
Strombus gigas) as a threatened species under the ESA. They have completed a comprehensive status review for the queen conch. After considering the status review report, and after taking into account efforts being made to protect the species, they have determined that the queen conch is likely to become an endangered species within the foreseeable future throughout its range. Therefore, they propose to list the queen conch as a threatened species under the ESA. Any protective regulations determined to be necessary and advisable for the conservation of the queen conch under ESA would be proposed in a subsequent Federal Register announcement. They solicit information to assist this listing determination, the development of proposed protective regulations, and designation of critical habitat within U.S jurisdiction. Information and comments on this proposed rule must be received by 7 November 2022. POC is Calusa Horn, NMFS Southeast Regional Office, 727-551-5782 or Calusa.Horn@noaa.gov. ( Federal Register 8 September 2022 [Proposed Rule] Pages 55200-55239).
Sep 06, 2022
Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA" or "Superfund"), the Environmental Protection Agency (EPA or the Agency) is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. CERCLA authorizes the Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these "forever" chemicals. Comments must be received on or before 7 November 2022. POC is Michelle Schutz, Office of Superfund Remediation and Technology Innovation (5202T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele:703-346-9536; email: schutz.michelle@epa.gov. ( Federal Register 6 September 2022 [Proposed Rule] Pages 54415-54442)
Aug 31, 2022
The EPA is proposing to amend its Risk Management Program (RMP) regulations as a result of Agency review. The proposed revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. These proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources. Comments must be received on or before 31 October 2022. POC is Deanne Grant, Office of Emergency Management, Mail Code 5104A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-1096; email: grant.deanne@epa.gov. ( Federal Register 31 August 2022 [Proposed Rule] Pages 53556-53616).
Aug 18, 2022
USFWS proposes to list magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina, as an endangered species and to designate critical habitat for the species under the ESA. In total, approximately 739 acres (299 hectares) of two ponds in Brunswick County, North Carolina, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for magnificent ramshorn. In addition, this document serves as our 12-month finding on a petition to list magnificent ramshorn. If finalized this rule as proposed, would extend the Act's protections to this species and its designated critical habitat. They will accept comments received or postmarked on or before 17 October 2022. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, P.O. Box 33726, Raleigh, NC 27636-3726; tel 919-856-4520. ( Federal Register 18 August 2022 [Proposed Rule] Pages 50804-50824)
Aug 11, 2022
On 5 September 2000, in response to a petition filed under the EPCRA, EPA issued a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA proposed to add this chemical category to the EPCRA toxic chemical list based on its preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has updated its hazard assessment for DINP and is proposing to add DINP as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. Comments must be received on or before 7 October 2022. POC is Daniel R. Bushman, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. ( Federal Register 8 August 2022 [Proposed Rule] Pages 48128-48140).
Jul 29, 2022
Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances as acceptable subject to use conditions in the refrigeration and air conditioning sector for chillers--comfort cooling, residential dehumidifiers, non-residential dehumidifiers, residential and light commercial air conditioning and heat pumps, and a substance as acceptable subject to use conditions and narrowed used limits in very low temperature refrigeration. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for electrical air conditioners, heat pumps, and dehumidifiers, laboratory equipment containing refrigerant, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. Additionally, this action proposes to list certain substances as acceptable subject to use conditions in the fire suppression sector for certain streaming and total flooding uses. Finally, EPA requests advance comment on.... Comments must be received on or before 12 September 2022. POC is Holly Tapani, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-0679; email: tapani.holly@epa.gov. ( Federal Register 28 July 2022 [Proposed Rule] Pages 45508-45562).
Jul 22, 2022
EPA is proposing to update the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA currently uses 2017 NAICS codes and is proposing to implement the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI would be required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). Comments must be received on or before 20 September 2022. POC is Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mailcode: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566-1303; email address: dean.rachel@epa.gov. ( Federal Register 22 July 2022 [Proposed Rule] Pages 43772-43779)
Jul 14, 2022
USFWS proposes to remove the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico, from the Federal List of Endangered and Threatened Wildlife (List). This determination is based on the best available scientific and commercial data, which indicate that the species has recovered and the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or threatened species under the ESA. If this proposal is finalized, the Puerto Rican boa will be removed from the List and the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to the species. They will accept comments received or postmarked on or before 12 September 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; email: Caribbean_es@fws.gov; tele: (787) 405-3641. ( Federal Register 13 July 2022 [Proposed Rule] Pages 41641-41655).
Jul 12, 2022
NMFS announced a 90-day finding on a petition to revise the critical habitat designation for the North Pacific right whale (Eubalaena japonica) under the ESA. In April 2008, they issued a final rule designating approximately 3,050 square kilometers (~1,175 square miles) and approximately 91,850 square kilometers (~35,460 square miles) of critical habitat for North Pacific right whales in the Gulf of Alaska and the Southeast Bering Sea, respectively. The petition requests they revise this critical habitat. They find that the petition presents substantial scientific information indicating the petitioned action may be warranted. They are hereby initiating a review of the currently designated critical habitat to determine whether revision is warranted. To ensure a comprehensive review, they are soliciting scientific and commercial information pertaining to this action. Scientific and commercial information pertinent to the petitioned action must be received by 12 September 2022. POC is Jenna Malek, NMFS Alaska Region, jenna.malek@noaa.gov, (907) 271-1332. ( Federal Register 12 July 2022 [Proposed Rule] Pages 41271-41273).
Jun 24, 2022
USFWS proposes to reclassify Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the ESA. The proposed downlisting is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They also propose a rule under section 4(d) of the Act that provides for the conservation of M. polycladus. They will accept comments received or postmarked on or before 22 August 2022. POC is Edwin Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; tel: (787) 851-7297. ( Federal Register 23 June 2022 [Proposed Rule] Pages 37476-37494).
Jun 22, 2022
The FHWA proposes to establish regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities. The standards and requirements proposed would apply to the installation, operation, or maintenance of EV charging infrastructure; the interoperability of EV charging infrastructure; traffic control device or on-premises signage acquired, installed, or operated in concert with EV charging infrastructure; data, including the format and schedule for the submission of such data; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications. Comments must be received on or before 22 August 2022. POC is Mr. Gary Jensen, Office of Natural Environment, (202) 366-2048, or via email at Gary.Jensen@dot.gov. ( Federal Register 22 June 2022 [Proposed Rule] Pages 37262-37280).
USFWS proposes to list the Ocmulgee skullcap (Scutellaria ocmulgee), a plant species from Georgia and South Carolina, as a threatened species and designate critical habitat under the
ESA. This determination also serves as their 12-month finding on a petition to list the Ocmulgee skullcap. After a review of the best available scientific and commercial information, they find that listing the species is warranted. Accordingly, they propose to list the Ocmulgee skullcap as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). They also propose to designate critical habitat for the Ocmulgee skullcap under the Act. In total, approximately 6,577 acres (ac) (2,662 hectares (ha)) in Bibb, Bleckley, Burke, Columbia, Houston, Monroe, Pulaski, Richmond, Screven, and Twiggs counties, Georgia, and Aiken and Edgefield counties, South Carolina, fall within the boundaries of the proposed critical habitat designation. Comments will be accepted if received or postmarked on or before 22 August 2022. POC is Peter Maholland, Acting Field Supervisor, U.S. Fish and Wildlife Service, Georgia Ecological Services Field Office, 355 East Hancock Avenue, Room 320, Athens, Georgia 30601; tel 706-613-6059. ( Federal Register 22 June 2022 [Proposed Rule] Pages 37378-37428).
Jun 21, 2022
EPA is proposing to amend specific provisions in the Greenhouse Gas Reporting Rule to improve the quality and consistency of the data collected under the rule, streamline and improve implementation, and clarify or propose minor updates to certain provisions that have been the subject of questions from reporting entities. These proposed changes include revisions to improve the existing calculation, recordkeeping, and reporting requirements by incorporating updates to existing emissions estimation methodologies and providing for collection of additional data to understand new source categories or new emission sources for specific sectors. The EPA is also proposing revisions that would improve implementation of the Greenhouse Gas Reporting Rule such as updates to applicability estimation methodologies, providing flexibility for or simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. Comments must be received on or before 22 August 2022. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: (202) 343-9548; email address:GHGReporting@epa.gov. (Federal Register 21 June 2022 [Proposed Rule] Pages 36920-37119).
Jun 10, 2022
The EPA is proposing amendments to the NESHAP for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals. The EPA is proposing to revise NESHAP requirements for storage tanks, loading operations, and equipment leaks to reflect cost-effective developments in practices, process, or controls. The EPA is also proposing New Source Performance Standards to reflect best system of emissions reduction for loading operations and equipment leaks. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting of performance test results, performance evaluation reports, and compliance reports; to revise monitoring and operating requirements for control devices; and to make other minor technical improvements. We estimate that these proposed amendments would reduce emissions of hazardous air pollutants from this source category by 2,220 tons per year (tpy) and would reduce emissions of volatile organic compounds by 45,400 tpy. Comments must be received on or before 9 August 2022. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register 10 June 2022 [Proposed Rule] pages 35608-35642).
Feb 23, 2022
This proposal presents the results of the EPA's review of the NSPS for Lead Acid Battery Manufacturing Plants and the TR for the NESHAP for Lead Acid Battery Manufacturing Area Sources as required under the CAA. The EPA is proposing revised Pb emission limits for grid casting, paste mixing, and lead reclamation operations for both the area source NESHAP (for new and existing sources) and under a new NSPS subpart (for lead acid battery facilities that begin construction, reconstruction, or modification after February 23, 2022). Comments must be received on or before 25 April 2022. POC: Amanda Hansen, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-3165; and email: hansen.amanda@epa.gov. ( Federal Register: 23 February 2022 [Proposed Rule] Pages 10134-10158)
Feb 08, 2022
USFWS announced a 12-month finding on a petition to list the Sonoran desert tortoise (Gopherus morafkai) as an endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to list the Sonoran desert tortoise. However, they ask the public to submit to them at any time any new information relevant to the status of the Sonoran desert tortoise or its habitat. The finding in this document was made on 8 February 2022. POC is Mark Lamb, Arizona Ecological Services Field Office, 9828 North 31st Ave. C3, Phoenix, AZ 85051-2517; tel: 602-242-0210.
(Federal Register 8 February 2022 [Proposed Rule] Pages 7077-7079)
Nov 15, 2021
USFWS is withdrawing the proposed rule to replace the existing regulations governing the North Carolina nonessential experimental population designation of the red wolf (Canis rufus) under section 10(j) of the ESA. Based on recent court decisions involving the North Carolina nonessential experimental population designation of the red wolf (NC NEP), having considered the public comments submitted in response to the proposed rule, and upon further consideration of the proposal, we have determined that withdrawing the proposed rule is the best course of action at this time. The NC NEP will be managed under the provisions of the existing regulations and as informed by relevant court orders. The USFWS is withdrawing the proposed rule published on 28 June 2018 (83 FR 30382), as of 15 November 2021. POC is Pete Benjamin, Field Supervisor, USFWS, Raleigh Ecological Services Field Office, 551F Pylon Drive, Raleigh, NC 27606; tel: 919-856-4520.
(Federal Register 15 November 2021 [Proposed Rule] Pages 62980-62982)
Oct 07, 2021
USFWS proposes to list Eriogonum tiehmii (hereafter Tiehm's buckwheat), a plant species native to Nevada in the United States, as endangered under the ESA. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Plants and extend the Act's protections to the species. They will accept any additional data, information, or comments received or postmarked on or before 6 December 2021. Marc Jackson, Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, Nevada 89502; tel 775-861-6337.
(Federal Register 7 October 2021 [Proposed Rule] Pages 55775-55789).
CEQ is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the NEPA to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ's extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA's statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA's requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of "effects." CEQ invites comments on the proposed revisions. CEQ must receive comments by 22 November 2021. POC is Amy B. Coyle, Deputy General Counsel, 202-395-5750, Amy.B.Coyle@ceq.eop.gov.
(Federal Register 7 October 2021 [Proposed Rule] Pages 55757-55769).
Sep 28, 2021
USFWS announce findings that 17 species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Amargosa tryonia (Tryonia variegata), Ash Meadows pebblesnail (Pyrgulopsis erythropoma), boat-shaped bugseed (Corispermum navicula), Burrington jumping-slug (Hemphillia burringtoni), crystal springsnail (Pyrgulopsis crystalis), Dalles sideband (Monadenia fidelis minor), distal-gland springsnail (Pyrgulopsis nanus), early dark blue butterfly (Euphilotes ancilla purpura), Fairbanks springsnail (Pyrgulopsis fairbanksensis), late dark blue butterfly (Euphilotes ancilla cryptica), median-gland springsnail (Pyrgulopsis pisteri), minute tryonia (Tryonia ericae), Point of Rocks tryonia (Tryonia elata), southern rubber boa (Charina umbratica), southwest Nevada pyrg (Pyrgulopsis turbatrix), sportinggoods tryonia (Tryonia angulata), and Virgin spinedace (Lepidomeda mollispinis mollispinis). USFWS is asking the public to submit any new information relevant to the status of any of the species mentioned above or their habitats. The
findings in this document were made on 27 September 2021.
Sep 09, 2021
EPA is soliciting information and requesting comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks, including solid waste (e.g., municipal solid waste, commercial and industrial waste, hospital/medical/infectious waste, sewage sludge, other solid waste), biomass, plastics, tires, and organic contaminants in soils and oily sludges to useful products such as energy, fuels and chemical commodities. Pyrolysis and gasification are often described as heat induced thermal decomposition processes. Through recent requests for applicability determinations, it appears that pyrolysis and gasification processes are more widely being used to convert waste into useful products or energy. Comments must be received on or before 8 November 2021. POC is Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5572; email address: modak.nabanita@epa.gov. ( Federal Register 8 September 2021 [Proposed Rules] Pages 50296-50303).
Sep 07, 2021
USFWS announce their 90-day finding in response to a petition to revise critical habitat for the jaguar (Panthera onca) pursuant to the ESA. The petition requests the Service to revise the existing critical habitat designation by removing approximately 20,234 hectares (50,000 acres) of land in the northern Santa Rita Mountains in Arizona and an adjoining critical habitat subunit, including land containing the proposed Rosemont Mine. Their 90-day finding is that the petition does not present substantial scientific information indicating that the requested revision to the critical habitat designation may be warranted. The finding announced in this document was made on 7 September 2021. POC is Jeff Humphrey, Arizona Ecological Services Field Office; Arizona Ecological Services Field Office at 9828 North 31st Ave. C3, Phoenix, AZ; tele 602-242-0210.
(Federal Register: 7 September 2021 [Proposed Rule] Pages 49985-49989)
Aug 25, 2021
U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Amur sturgeon (Acipenser schrenckii), a fish species from the Amur River basin in Russia and China, as an endangered species under the ESA. After a review of the best scientific and commercial information available, they find that listing the species is warranted. Accordingly, they propose to list the Amur sturgeon as an endangered species under the Act. If finalized this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. They will accept comments received or postmarked on or before 25 October 2021. POC is Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele, 703-358-2171. [ Federal Register 25 August 2021 [Proposed Rule] Pages 47457-47468)]
Apr 30, 2021
USFWS is reopening the public comment periods on two proposed rules to allow all interested parties additional time to comment, and to conduct a public hearing. The two relevant proposed rules are date 30 September 2020, a proposed rule to reclassify the endangered Virgin Islands tree boa (Chilabothrus granti) as a threatened species with a rule issued under section 4(d) of the ESA; and the 21 October 2020, proposed rule to reclassify the endangered plant Eugenia woodburyana (no common name) as a threatened species with a rule issued under section 4(d) of the ESA. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rules. The comment periods for the proposed rules published on September 30, 2020, at 85 FR 61700, and October 21, 2020, at 85 FR 66906, are reopened. We will accept comments received or postmarked on or before 26 May 2021. POC is Edwin E. Muñiz, Field Supervisor, USFWS, Caribbean Ecological Services Field Office, at either: Road 301 Km 5.1, Corozo Ward, Boquerón, PR 00622; or P.O. Box 491, Boquerón, PR 00622. Tel: 787-405-3641. ( Federal Register: 26 April 2021 [Rule] pages 22005-22006).
USFWS proposes to remove the dwarf-flowered heartleaf (Hexastylis naniflora), a plant endemic to the upper Piedmont region of western North Carolina and upstate South Carolina, from the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the species have been eliminated or reduced to the point that the species no longer meets the definition of a threatened species, and does not meet the definition of an endangered species, under the ESA. They also announce the availability of a draft post-delisting monitoring (PDM) plan for the dwarf-flowered heartleaf. USFWS seek information, data, and comments from the public regarding this proposal to delist this species and on the draft PDM plan. USFWS will accept comments received or postmarked on or before 25 June 2021. POC is Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. ( Federal Register: 26 April 2021 [Rule] pages 21994-22005).
Mar 12, 2021
EPA is proposing to delay until 16 December 2021, the effective date of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), which was published in the Federal Register on 15 January 2021. EPA is also proposing to delay the 16 January 2024, compliance date established in the LCRR to 16 September 2024. The proposed 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 delay will allow sufficient time for EPA to complete its review of the rule in accordance with those directives and conduct important consultations with affected parties. The proposed delay in the compliance date of the LCRR ensures that any delay in the effective date will not reduce the time provided for drinking water systems and primacy states to take actions needed to assure compliance with the LCRR. Comments must be received on or before 12 April 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 [Proposed Rule] Pages 14063-14066).
Jan 22, 2021
Jan 19, 2021
EPA currently requires fuel dispenser labels for gasoline-ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The label was designed to alert consumers to the appropriate and lawful use of the fuel. EPA is co-proposing to either modify the E15 label or remove the label requirement entirely and seeking comment on whether state and local governments may be preempted from requiring different labels on fuel dispensers. To facilitate the proper storage of E15 in underground storage tank systems (USTs), EPA is proposing to modify the UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol. Comments must be received on or before 19 April 2021. POC is Lauren Michaels, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: (734) 214-4640; email: michaels.lauren@epa.gov.
(Federal Register 19 January 2021 [Proposed Rule] pages 5094-5104).
USFWS proposes to reclassify (downlist) Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the Act. They request information and comments from the public on this proposal. They will accept comments received or postmarked on or before 16 March 2021. POC is Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tel: 207-902-1567.
(Federal Register: 15 January 2021 [Proposed Rule] Pages 3976-3986).
Jan 11, 2021
NMFS, announced revisions to their 9 December 2014, proposed designation of critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under ESA. The revised proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, they also propose to exclude a particular area north of the Beaufort Sea shelf from the designation. NMFS seeks comments on all aspects of the revised proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2021. Public hearings on the revised proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638.
(Federal Register 8 January 2021 [Proposed Rule] Pages 1452-1474)
NMFS proposes to designate critical habitat for the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies Erignathus barbatus nauticus under the ESA. The proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. NMFS seeks comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation. Comments must be received by 9 March 2020. Public hearings on the proposed rule will be held in Alaska. POC is Tammy Olson, NMFS Alaska Region, (907) 271-5006; Jon Kurland, NMFS Alaska Region, (907) 586-7638.
(Federal Register 8 January 2021 [Proposed Rule] Pages 1433-1452)
Apr 23, 2020
A bill to amend the Communications Act of 1934 to provide that the Federal Communications Commission is not required to perform any review under the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code, as a condition of permitting the placement and installation of a communications facility, and for other purposes.
(Congressional Record: 10 April 2020 [House] Pages H1882-H1883)
Feb 07, 2019
The Environmental Protection Agency (EPA) is proposing a revision to its response to the U.S. Supreme Court decision in Michigan v. EPA which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the Clean Air Act (CAA) of hazardous air pollutant (HAP) emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. POC: Mary Johnson, Sector Policies and Programs Division
(D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5025 and email: johnson.mary@epa.gov. ( Federal Register: 7 February 2019 [Proposed Rules] Pages 2670-2704).
Jul 25, 2018
FWS and NMFS propose to amend portions of their regulations that implement section 7 of the Endangered Species Act of 1973, as amended. The Services are proposing these changes to improve and clarify the interagency consultation processes and make them more efficient and consistent. FWS and NMFS will accept comments from all interested parties until 24 September 2018. POC is Craig Aubrey, U.S. FWS, Division of Environmental Review, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2442; or Cathy Tortorici, ESA Interagency Cooperation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8495 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35178-35193).
The U.S. FWS and the NMFS propose to revise portions of their regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). The proposed revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing or removing species from the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat. Multiple technical revisions are also proposed to update existing sections or to refer appropriately to other sections. Comments will be accepted from all interested parties until 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171; or Samuel D. Rauch, III, NMFS, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, tel: 301-427-8403 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35193-35201).
The U.S. FWS proposes to revise their regulations extending most of the prohibitions for activities involving endangered species to threatened species. For species already listed as a threatened species, the proposed regulations would not alter the applicable prohibitions. The proposed regulations would require the Service, pursuant to section 4(d) of the Endangered Species Act, to determine what, if any, protective regulations are appropriate for species that the Service in the future determines to be threatened. Comments will be accepted on or before 24 September 2018. POC is Bridget Fahey, U.S. FWS, Division of Conservation and Classification, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tel: 703-358-2171 ( Federal Register; 25 July 2018 [Proposed Rules], pages 35174-35178).
May 10, 2018
EPA is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the first round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the first-round allocations. Objections to the information referenced in this notice must be received on or before 11 June 2018. POC is Kenon Smith at 202-343-9164 or smith.kenon@epa.gov or Jason Kuhns at 202-564-3236 or
kuhns.jason@epa.gov ( Federal Register; 10 May 2018 [Notices], pages 21772-21773).
Oct 16, 2017
EPA is proposing to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs), commonly referred to as the Clean Power Plan (CPP), as promulgated on 23 October 2015. Comments must be received on or before 15 December 2017. POC is Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; tel: 888-627-7764; email: airaction@epa.gov. ( Federal Register Volume 82, Number 198 (Monday, October 16, 2017)][Proposed Rules][Pages 48035-48049]).
Jul 27, 2017
The EPA and the Dept. of the Army ("the agencies") are publishing this proposed rule to start the first step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" (WOTUS) consistent with the Executive Order signed 28 Feb 2017. This first step proposes to rescind the definition of WOTUS in the CFR to re-codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of WOTUS promulgated by the agencies in 2015. The agencies would apply the definition of WOTUS as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of WOTUS. Comments must be received on or before 28 August 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, 1200 Penn Ave NW., Wash., DC 20460; tel: (202) 566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, 441 G Street NW., Wash., DC 20314; tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil ( Federal Register, 27 July 2017 [Proposed Rules], page 34899-34909).
Dec 16, 2016
TCE is a volatile organic compound widely used in industrial and commercial processes and has some limited uses in consumer and commercial products. EPA identified significant health risks associated with TCE use in aerosol degreasing and for spot cleaning in dry cleaning facilities. To address these unreasonable risks, EPA is proposing to prohibit the manufacture, processing, and distribution in commerce of TCE for use in aerosol degreasing and for use in spot cleaning in dry cleaning facilities; to prohibit commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. Comments must be received on or before 14 February 2017. POC is Toni Krasnic, Chemical Control Division, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-564-0984; email address: krasnic.toni@epa.gov ( Federal Register; 16 December 2016 [Proposed Rules], pages 91592-91624).
Dec 07, 2016
This proposed rule address management of paleontological resources on federal lands under the jurisdiction of the Secretary of the Interior, and managed by BLM, Reclamation, NPS, and FWS. The proposed rule would address the management, collection, and curation of paleontological resources from federal lands using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. Comments on the proposed rule must be received by 6 February 2017. Comments on the information collection requirements must be received by 5 January 2017. POC is Julia F. Brunner, Geologic Resources Division, National Park Service, tel: 303-969-2012 or email: Julia_F_Brunner@nps.gov ( Federal Register; 7 December 2016 [Proposed Rules], pages 88173-88196).
Oct 03, 2016
EPA is proposing to revise provisions applicable to greenhouse gases (GHG) in the EPA's Prevention of Significant Deterioration (PSD) and title V permitting regulations. This action is in response to the 23 Jun 2014, U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA and the 10 Apr 2015, Amended Judgment by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Coalition for Responsible Regulation v. EPA. The proposed revisions involve changes to several regulatory definitions in the PSD and title V regulations, revisions to the PSD provisions on GHG Plantwide Applicability Limitations (PALs), and revisions to other provisions necessary to ensure that neither the PSD nor title V rules require a source to obtain a permit solely because the source emits or has the potential to emit GHGs above the applicable thresholds. EPA is also proposing a significant emissions rate for GHGs under the PSD program that would establish an appropriate threshold level below which BACT is not required for a source's GHG emissions. Comments must be received on or before 2 Dec 2016. POC is Ms. Carrie Wheeler, U.S. EPA, Office of Air Quality Planning & Standards, Air Quality Policy Division, (C504-01), Research Triangle Park, NC 27711, Tel: (919) 541-9771, email: wheeler.carrie@epa.gov ( Federal Register; 3 October 2016 [Proposed Rules], pages 68110-68147).
Jul 26, 2016
PHMSA is proposing to amend the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders. Comments must be submitted by 26 September 2016. POC is Eileen Edmonson, Standards and Rulemaking Division, PHMSA, U.S. DOT, 1200 New Jersey Avenue SE., Washington, DC 20590, at 202-366-8553 ( Federal Register; 26 July 2016 [Proposed Rules], pages 48977-49022).
May 18, 2016
EPA proposes revisions to the NPDES regulations to eliminate regulatory and application form inconsistencies; improve permit documentation, transparency and oversight; clarify existing regulations; and remove outdated provisions. These proposed regulatory changes cover 15 topics in the following major categories: permit applications; the water quality-based permitting process; permit objection, documentation and process efficiencies; the vessels exclusion; and the CWA section 401 certification process. Comments must be received on or before 18 July 2016. POC is Erin Flannery-Keith, Water Permits Division, Office of Wastewater Management, Mail Code 4203M, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 202-566-0689; flannery-keith.erin@epa.gov ( Federal Register; 18 May 2017 [Proposed Rules], pages 31343-31374).
EPA is announcing that the period for providing public comments on the 18 April 2016, proposed "Protection of Stratospheric Ozone: Proposed New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products under the SNAP Program; and Revision of CAA Section 608 Venting Prohibition for Propane" is being extended by 14 days. The public comment period for the proposed rule will now close on 16 June 2016. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205 T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-7768; email: Farquharson.chenise@epa.gov ( Federal Register; 18 May 2016 [Proposed Rules], pages 31222-31223).
Apr 11, 2016
EPA is responding to a rulemaking petition requesting revision of the RCRA corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. EPA is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted. The Agency is also soliciting public comment on this tentative and the questions raised in this action. Comments must be received on or before 10 June 2016. POC is Gregory Helms, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-8855; email: corrosivitypetition@epa.gov( Federal Register; 11 April 2016 [Proposed Rules], pages 21295-21308).
|
May 24, 2023
USFWS designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the ESA. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat. This rule is effective 22 June 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. ( Federal Register 23 May 2023 [Rule] Pages 33194-33238)
May 12, 2023
USFWS are reclassifying Furbish's lousewort (Pedicularis furbishiae) from an endangered species to a threatened species under the ESA, and they finalize a rule under section 4(d) of the Act to promote the conservation of Furbish's lousewort. This information is based on a thorough review of the best available scientific and commercial information, which indicates the threats to the species have been reduced to the point that the species no longer meets the definition of an endangered species under the ESA. This rule is effective 9 June 2023. POC is Amanda Cross, Project Leader, Maine Ecological Services Field Office, 306 Hatchery Road, East Orland, ME 04431; tele 207–902–1567. (Federal Register 10 May 2023 [Rule] Pages 30047-30057)
May 04, 2023
USFWS finalized the designation of critical habitat for slickspot peppergrass (Lepidium papilliferum) under the ESA. In total, approximately 31,569 hectares (78,009 acres) in Ada, Elmore, Gem, Payette, and Owyhee Counties in Idaho fall within the boundaries of the final critical habitat designation. The effect of this final rule is to designate critical habitat for the slickspot peppergrass, which is a threatened species under the ESA. This rule is effective 5 June 2023. POC is Lisa Ellis, State Supervisor, USFWS, Idaho Fish and Wildlife Office, 1387 S Vinnell Way, Room 368, Boise, ID 83709; tel: 208–378–5243. (Federal Register 4 May 2023 [Rule] Pages 28874-28916).
Apr 28, 2023
USFWS determine endangered species status under the ESA for the South Llano springs moss (Donrichardsia macroneuron), an aquatic moss species from Edwards County, Texas. They are excluding the single unit of proposed critical habitat, and, therefore, no critical habitat is being designated for the South Llano springs moss. This rule adds the species to the List of Endangered and Threatened Plants and applies the protections of the Act to the species. This rule is effective 30 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele 512–937–7371. (Federal Register 27 April 2023 [Rule] Pages 25543-25557)
USFWS determined threatened species status under the ESA for the Big Creek crayfish (Faxonius peruncus) and the St. Francis River crayfish (Faxonius quadruncus), two crayfish species from southern Missouri. They also finalize a rule under the authority of section 4(d) of the Act that provides regulatory measures that are necessary and advisable to provide for the conservation of these species. In addition, they designate critical habitat for the species; in total, approximately 1,069 river miles (1,720 river kilometers) for the Big Creek crayfish and 1,043 river miles (1,679 river kilometers) for the St. Francis River crayfish in Iron, Madison, St. Francois, Washington, and Wayne Counties, Missouri, fall within the boundaries of the critical habitat designations. This rule applies the protections of the Act to these species and their designated critical habitats. This rule is effective 30 May 2023. POC is John Weber, Field Supervisor; USFWS; Missouri Ecological Services Field Office; 101 Park DeVille Drive, Suite A; Columbia, MO 65203–0057; tele: 573–234–2132. (Federal Register 27 April 2023 [Rule] Pages 25512-25542)
Apr 27, 2023
USFWS determine threatened species status under the ESA for the Wright's marsh thistle (Cirsium wrightii), a thistle species from New Mexico. They also designate critical habitat. In total, approximately 156.8 acres (63.4 hectares) in Chaves, Eddy, Guadalupe, Otero, and Socorro Counties, New Mexico, fall within the boundaries of the critical habitat designation. This rule adds the species to the List of Endangered and Threatened Wildlife. They also finalize a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 25 May 2023. POC is Shawn Sartorius, Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna Rd. NE, Albuquerque, NM 87113; tele 505–346–2525. (Federal Register 25 April 2023 [Rule] Pages 25208-25249) .
Apr 11, 2023
USFWS determine threatened species status under the ESA for the bracted twistflower (Streptanthus bracteatus), a plant species from Texas. In addition, they designate critical habitat for the bracted twistflower. In total, approximately 1,596 acres (646 hectares) in Uvalde, Medina, Bexar, and Travis Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to this species and its designated critical habitat. They also finalize a rule issued under the authority of section 4(d) of the Act (a "4(d) rule") that provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 11 May 2023. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, Texas; tele: 512–927–3500. ( Federal Register 11 April 2023 [Rule] Pages 21844-21876).
Apr 07, 2023
USFWS designate critical habitat for the pearl darter (Percina aurora) under the ESA. In total, approximately 524 river miles (843 river kilometers) in Clarke, Covington, Forrest, George, Green, Lauderdale, Jackson, Jones, Newton, Perry, Simpson, Stone, and Wayne Counties, Mississippi, fall within the boundaries of the critical habitat designation. The effect of this regulation is to designate critical habitat for the pearl darter under the Act. This rule is effective 8 May 2023. POC is James Austin, Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; tele: 601–321–1129. (Federal Register 6 April 2023 [Rule] Pages 20410-20430)
Apr 05, 2023
USFWS are releasing (meaning introducing) the Guam kingfisher (Todiramphus cinnamominus), known locally as the sihek, on Palmyra Atoll as an experimental population under the ESA. Currently, sihek exists only in captivity and has been extinct in the wild for more than 30 years. The introduction on Palmyra Atoll is outside sihek's historical range because its primary habitat within its native range on Guam has been indefinitely altered by the accidental introduction of the predatory brown treesnake (Boiga irregularis) in the mid-twentieth century. Tools to manage brown treesnakes at a landscape level are beginning to be deployed, but it will take time before these tools are effective. The introduction of sihek to Palmyra Atoll is not a permanent introduction that would support a self-sustaining population; it is intended to facilitate the gathering of information and analysis to optimize efforts for reestablishment of the species on Guam once brown treesnakes can be sufficiently controlled at a landscape scale. USFWS classify this population as a nonessential experimental population (NEP) under the ESA and provide regulations for the take of sihek within the NEP area. This final rule is effective 4 May 2023. POC is Megan Laut, Pacific Islands Fish and Wildlife Office, USFWS, 300 Ala Moana Blvd., Rm 3–122, Honolulu, HI 96850; tele 808–779–9939. (Federal Register 4 April 2023 [Rule] Pages 19880-19894)
Apr 03, 2023
USFWS determined threatened status under the ESA for the northern distinct population segment (DPS), of the southern subspecies of scarlet macaw (Ara macao macao). Scarlet macaws are brilliantly colored parrots native to Mexico and Central and South America. This action affirms the 2019 listing of the scarlet macaw under the Act. This determination is effective 30 March 2023. POC is Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803 tele: 703–358–2171. (Federal Register 3 April 2023 [Rule] Pages 19549-19559)
Mar 30, 2023
This action promulgates corrections and updates to regulations for source testing of emissions under various rules. This final rule includes corrections to typographical and technical errors, updates to outdated procedures, and revisions to add clarity and consistency with other monitoring requirements. The revisions will improve the quality of data but will not impose new substantive requirements on source owners or operators. This rule is effective on 30 May 2023. POC is Mrs. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tele: (919) 541-2910; email: melton.lula@epa.gov. (Federal Register 29 March 2023 [Rule] Pages 18396-18423)
USFWS are listing the Egyptian tortoise (Testudo kleinmanni; syn. Testudo werneri), a terrestrial tortoise from Libya, Egypt, and Israel, as a threatened species with a rule issued under section 4(d) of the ESA. The rule issued under section 4(d) of the Act provides measures that are necessary and advisable to provide for the conservation of this species. This rule is effective 1 May 2023. POC is Bridget Fahey, Chief, Division of Conservation and Classification, Ecological Services, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041–3803; tele: 703–358–2171. (Federal Register 30 March 2023 [Rule] Pages 19004-19017).
Mar 21, 2023
USFWS determine endangered status under the ESA for the bog buck moth (Hemileuca maia menyanthevora) (=H. iroquois), a moth that occurs in Oswego County, New York, and Ontario, Canada. This rule adds the bog buck moth to the List of Endangered and Threatened Wildlife and applies the protections of the Act to this species. They have determined that designation of critical habitat for the bog buck moth is not prudent at this time. This rule is effective 14 April 2023. POC is Ian Drew, Acting Field Supervisor, USFWS, New York Field Office, 3817 Luker Road, Cortland, NY 13045; tele 607-753-9334. (Federal Register 15 March 2023 [Rule] Pages 15921-15938)
Mar 15, 2023
USFWS determined threatened species status under the ESA for the longsolid (Fusconaia subrotunda) and round hickorynut (Obovaria subrotunda), freshwater mussels. They also designate critical habitat for both species. For the longsolid, in total, approximately 1,115 river miles (1,794 river kilometers) fall within 12 units of critical habitat in Pennsylvania, Kentucky, West Virginia, Virginia, Tennessee, and Alabama. For the round hickorynut, in total, approximately 921 river miles (1,482 river kilometers) fall within 14 units of critical habitat in Pennsylvania, Ohio, Indiana, Kentucky, West Virginia, Tennessee, Alabama, and Mississippi. They also finalize a rule under the authority of section 4(d) of the Act for both species that provides measures that are necessary and advisable to provide for the conservation of these species. This rule is effective 10 April 2023. Janet Mizzi, Field Supervisor, USFWS, Asheville Ecological Services Field Office, 160 Zillicoa St., Asheville, NC 28801; telephone 828-258-3939. ( Federal Register: 9 March 2023 [Rule] Pages 14794-14869)
Mar 01, 2023
U.S. Fish and Wildlife Service (Service), are listing the prostrate milkweed (Asclepias prostrata), a plant species from Texas, as an endangered species and designating critical habitat under the ESA. They are designating approximately 661.0 acres (267.5 hectares) in Starr and Zapata Counties, Texas, as critical habitat for the prostrate milkweed under the Act. This rule adds this species to the List of Endangered and Threatened Plants and extends the Act's protections to the species and its designated critical habitat. This rule is effective 30 March 2023. POC is Chuck Ardizzone, Field Supervisor, Texas Coastal Ecological Services Field Office, 17629 El Camino Real Suite 211, Houston, TX 77058; tel 281-286-8282. ( Federal Register 28 February 2023 [Rule] Pages 12572-12602)
Feb 24, 2023
The EPA is taking final action on the technology review conducted on the Miscellaneous Coating Manufacturing (MCM) source category regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP). These final amendments include provisions for inorganic hazardous air pollutant (HAP) standards for process vessels. This final rule is effective 22 February 2023. POC is Ms. Angie Carey, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; teler: (919) 541-2187 and email:carey.angela@epa.gov. ( Federal Register 22 February 2023 [Rule] pages 10842-10851)
Feb 03, 2023
USFWS announces technical corrections for 62 wildlife and plant species under the ESA. These corrections include changes to scientific names of 11 wildlife species and 14 plant species due to taxonomic reclassification; changes to common names of 21 wildlife species and 13 plant species; and corrections to errors in scientific or common names, listing citations, or taxonomic heading placement for 4 wildlife species and 14 plant species. They are revising the List of Endangered and Threatened Wildlife and the List of Endangered and Threatened Plants ("the Lists") to reflect the current scientifically accepted taxonomy and nomenclature of these species that occur in Idaho and the Pacific islands. This rule is effective 3 May 2023 without further action, unless significant adverse comment is received by 6 March 2023. POC is Marilet Zablan, Program Manager for Restoration and Endangered Species Classification, USFWS, Pacific Regional Office, Ecological Services, 911 NE 11th Avenue, Portland, OR 97232; tele 503-231-6131. ( Federal Register 2 February 2023 [Rule] Pages 7134-7177)
Jan 31, 2023
USFWS is listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the ESA. This rule extends the Act's protections to the Sacramento Mountains checkerspot butterfly. They will propose the designation of critical habitat for the Sacramento Mountains checkerspot butterfly in a future rulemaking. This rule is effective 2 March 2023. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele: 505-346-2525. ( Federal Register 31 January 2023 [Rule] Pages 6177-6191)
Jan 25, 2023
USFWS are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var.traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the ESA. Accordingly, the protections provided by the Act will no longer apply to these species. This rule is effective 24 February 2023. POC is Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; tele 760-431-9440. ( Federal Register 25 January 2023 [Rule] Pages 4761-44792).
Jan 18, 2023
The EPA and the Department of the Army ("the agencies") are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States." This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. This action is effective on 20 March 2023. Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; teler: (202) 564-2281; email: CWAwotus@epa.gov. ( Federal Register 18 January 2023 [Rule] Pages 3004-3144)
Jan 13, 2023
USFWS are reclassifying Fender's blue butterfly (Icaricia icarioides fenderi) from endangered to threatened under the ESA. Fender's blue butterfly is endemic to the Willamette Valley of Oregon. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act that provides for the conservation of the species. This rule is effective 13 February 2023. POC is Craig Rowland, Acting State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, telephone 503-319-9488. ( Federal Register 12 January 2023 [Rule] Pages 2006-2028)
Dec 29, 2022
NMFS designated and authorized the release of a nonessential experimental population (NEP or experimental population) of Central Valley (CV) spring-run Chinook salmon (Oncorhynchus tshawytscha) in the upper Yuba River and its tributaries upstream of Englebright Dam, California, and under the ESA, establish a limited set of take exceptions for the experimental population. Successful reintroduction of a population within the species' historical range would contribute to its viability and further its conservation. The issuance of limited protective regulations for the conservation of the species would provide assurances to the people of the upper Yuba River watershed. This document also announces the availability of a final EA that analyzed the environmental impacts of promulgating the experimental population rule and associated take exceptions. The final rule is effective 27 January 2023. POC is Steve Edmonson, NMFS, 650 Capitol Mall, Suite 5-100, Sacramento, CA 95814, 916-930-3600, or Adrienne Lohe, NMFS Office of Protected Resources, 301-427-8442. ( Federal Register 28 December 2022 [Rule] Pages 79808-79818)
USFWS designate critical habitat for the Florida bristle fern (Trichomanes punctatum ssp. floridanum) under the ESA. In total, approximately 1,698 hectares (ha) (4,195 acres (ac)) fall within 10 units of critical habitat in Miami-Dade and Sumter Counties, Florida. This rule extends the Act's protections to the Florida bristle fern's designated critical habitat. This rule is effective 23 January 2023. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; by tele 904-731-3134. ( Federal Register 22 December 2022 [Rule] pages 78582-78610)
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the site remediation source category. This action finalizes amendments to remove exemptions from the rule for site remediation activities performed under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a remedial action or a non-time-critical removal action, and for site remediation activities performed under Resource Conservation and Recovery Act (RCRA) corrective actions conducted at treatment, storage, and disposal facilities. This final rule is effective on 22 December 2022. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-2865; and email:witosky.matthew@epa.gov.( Federal Register 22 December 2022 [Rule] pages 78545-78558)
USFWS announced findings that one species is not warranted for delisting and that seven species are not warranted for listing as endangered or threatened species under the ESA. After a thorough review of the best available scientific and commercial information, they find that it is not warranted at this time to delist Bone Cave harvestman (Texella reyesi; formerly listed as endangered as the Bee Creek Cave harvestman, Texella reddelli). They find that it is not warranted at this time to list Brandegee's buckwheat (Eriogonum brandegeei Rydberg), Chowanoke crayfish (Faxonius virginiensis), Cisco milkvetch (Astragalus sabulosus), stage station milkvetch (A. vehiculus), Isely's milkvetch (A. iselyi), Columbia Oregonian (Cryptomastix hendersoni), and Rye Cove cave isopod (Lirceus culveri). However, they ask the public to submit to them at any time any new information relevant to the status of any of the species mentioned above or their habitats. The findings in this document were made on 29 December 2022. For further information see federal register for POC. ( Federal Register 29 December 2022).
This final rule corrects editorial errors and improves the clarity of certain provisions in PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements. This final rule is effective 26 January 2023. POC is Yul B. Baker Jr., Standards and Rulemaking Division, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. ( Federal Register 27 December 2022 [Rule] pages 79752-79785)
Dec 16, 2022
USFWS determined endangered species status under the ESA for Tiehm's buckwheat (Eriogonum tiehmii), a plant species native to Nevada in the United States. They also designate critical habitat. In total, they designate approximately 910 acres (368 hectares) in one unit in Nevada as critical habitat for Tiehm's buckwheat. This rule adds the species to the List of Endangered and Threatened Plants and extends the Act's protections to the species. This rule is effective 17 January 2023. POC is Justin Barrett, Deputy Field Supervisor, USFWS, Reno Ecological Services Field Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; tele 775-861-6300. ( Federal Register 16 December 2022 [Rule] Pages 77368-77401)
Dec 15, 2022
USFWS determine that whitebark pine (Pinus albicaulis), a high-elevation tree species found across western North America, is a threatened species under the ESA. They also finalized a rule under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of the species. USFWS have determined that designation of critical habitat for the whitebark pine is not prudent at this time. This rule is effective 17 January 2023. POC is Tyler Abbott, Field Supervisor, USFWS, Wyoming Ecological Services Field Office, 334 Parsley Boulevard, Cheyenne, WY 82007; tele: 307-757-3707. ( Federal Register 15 December 2022 [Rule] Pages 76882-76917)
Dec 13, 2022
USFWS determine endangered status under the ESA for the Dolphin and Union caribou (Rangifer tarandus groenlandicus × peary), a distinct population segment (DPS) of the barren-ground caribou (Rangifer tarandus groenlandicus). After reviewing new survey information received during the public comment period that identified significant decline in the population during a recent 4-year period, they have reevaluated the status of the DPS. Their reassessment concluded that the species is in danger of extinction now. Therefore, they are listing this DPS as endangered under the Act. Listing this DPS as endangered also means that the proposed rule under section 4(d) of the Act will not be finalized or put in place. Rather, the prohibitions under section 9(a)(1) of the Act and our implementing regulations for endangered wildlife will apply to all Dolphin and Union caribou specimens. The Dolphin and Union caribou is native only to Canada. The rule is effective 12 January 2023. POC is Rachel London, Acting Chief, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, 5275 Leesburg Pike, MS: ES, Falls Church, VA 22041; tele 703-358-2491. ( Federal Register 13 December 2022 [Rule] Pages 76112-76125).
Dec 06, 2022
USFWS are listing the Dixie Valley toad (Anaxyrus williamsi), a toad species from Nevada, as an endangered species under the ESA. This rule continues the protections of the Act applied to the Dixie Valley toad under our 7 April 2022, temporary emergency listing rule. This rule is effective 2 December 2022. Justin Barrett, Field Supervisor, USFWS, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502; tele 775-861-6300. ( Federal Register 2 December 2022 [Rule] Pages 73971-73994).
EPA is taking direct final action to clarify its National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarification in this direct final rule replaces the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change will allow NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This rule is effective on 2 March 2023 without further notice, unless EPA receives adverse comment by 3 January 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20004; tele: (202) 564-7932; email: huddle.heather@epa.gov. ( Federal Register 2 December 2022 [Rule] Pages 73965-73971).
USFWS are reclassifying (downlisting) the plant Eugenia woodburyana (no common name) from an endangered species to a threatened species under the ESA, due to improvements in the species' status since its original listing in 1994. This action is based on a thorough review of the best available scientific and commercial information, which indicates that E. woodburyana is not currently in danger of extinction throughout all or a significant portion of its range, but it is likely to become so within the foreseeable future. They are also finalizing a rule issued under section 4(d) of the Act to provide measures that are necessary and advisable for the conservation of E. woodburyana. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, USFWS, P.O. Box 491, Boqueron, PR 00622; email caribbean_es@fws.gov; tele: 787-405-3641. ( Federal Register 2 December 2022 [Rule] Pages 73994-74013).
Dec 05, 2022
In response to a petition filed under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Environmental Protection Agency (EPA) is adding 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA has determined that each of the 12 chemicals meets the EPCRA criteria. In addition, based on the available bioaccumulation and persistence data, EPA has determined that one chemical should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and designated as a chemical of special concern with a 100-pound reporting threshold. This final rule will apply for the reporting year beginning 1 January 2023. POC is Daniel R. Bushman, Toxics Release Inventory Program Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0743; email:bushman.daniel@epa.gov. ( Federal Register 30 November 2022 [Rule] Pages 73475-73488)
USFWS reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the ESA. Their review of the best available scientific and commercial information indicates that the northern long-eared bat meets the Act's definition of an endangered species. Because they are reclassifying the northern long-eared bat from a threatened to an endangered species, they are amending this species' listing on the List of Endangered and Threatened Wildlife to reflect its endangered species status and removing its species-specific rule issued under section 4(d) of the Act. This rule is effective 30 January 2023. POC is Shauna Marquardt, Field Supervisor, USFWS, Minnesota Wisconsin Ecological Services Field Office, 4101 American Boulevard East, Bloomington, MN 55425; tele 952-252-0092. ( Federal Register 30 November 2022 [Rule] Pages 73488-73504)
USFWS listed the Puerto Rican harlequin butterfly (Atlantea tulita), a species from Puerto Rico, as a threatened species with a rule issued under section 4(d) of the ESA. They also designate critical habitat for this species under the Act. In total, approximately 41,266 acres (16,699.8 hectares) in six units in the municipalities of Isabela, Quebradillas, Camuy, Arecibo, Utuado, Florida, Ciales, Maricao, San Germán, Sabana Grande, and Yauco are within the boundaries of the critical habitat designation. This rule extends the Act's protections to the species and its designated critical habitat. This rule is effective 3 January 2023. POC is Edwin Muñiz, Field Supervisor, Caribbean Ecological Services Field Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, PR 00622; email: caribbean_es@fws.gov; tele: 787-405-3641. ( Federal Register 1 December 2022 [Proposed Rule] Pages 73655-73682)
Dec 02, 2022
The EPA is finalizing updates to the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA is implementing the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI are required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form does not change as a result of this rulemaking, nor does the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). This final rule is effective on 28 December 2022. Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email: dean.rachel@epa.gov. ( Federal Register 28 November 2022 [Rule] Pages 72891-72898).
Nov 30, 2022
|
|
|
|
|
|
|