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The Regulatory Watch page will be your source for monitoring and tracking the progress of current draft and final regulatory information.
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Draft Documents
Feb 17, 2017
EPA issued two proposed rules under section 6 of the TSCA to prohibit the manufacture (including importers), processing, and distribution in commerce of trichloroethylene (TCE) for use in aerosol degreasing, for use in spot cleaning in dry cleaning facilities, and for use in vapor degreasing; to prohibit commercial use of TCE for aerosol degreasing, for spot cleaning in dry cleaning facilities, and for use in vapor degreasing; to require manufacturers (including importers), 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. This document extends the comment periods for both proposed rules by an additional 30 calendar days each. The comment period of the proposed rule published in the FR of 16 December 2016 (81 FR 91592) is extended to 16 March 2017, and the comment date of the proposed rule published in the FR of 19 January 2017 (82 FR 7432) is delayed to 19 April 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: krasnic.toni@epa.gov (Federal Register 15 February 2017 [Proposed Rules], page 10732).
Feb 16, 2017
A bill to amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States; to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Congressional Record; 1 February 2017 [House], page H875).
A bill to amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for other purposes; to the Committee on Education and the Workforce (Congressional Record; 7 February 2017 [House], page H1080).
A bill to control the export of electronic waste in order to ensure that such waste does not become the source of counterfeit goods that may reenter military and civilian electronics supply chains in the United States, and for other purposes; to the Committee on Foreign Affairs (Congressional Record; 7 February 2017 [House], page H1080).
A bill to clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State; to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Congressional Record; 7 February 2017 [House], page H1080).
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes; to the Committee on Transportation and Infrastructure, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Congressional Record; 7 February 2017 [House], page H1081).
Feb 15, 2017
The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2015 is available for public review. Annual U.S. emissions for the period of time from 1990 through 2015 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3) emissions. Submit comments by 17 March 2017. Comments should be submitted to GHG Inventory at: Environmental Protection Agency, Climate Change Division (6207A), 1200 Pennsylvania Ave. NW., Washington, DC 20460, Fax: (202) 343-2338. You are welcome and encouraged to send an email with your comments to GHGInventory@epa.gov. POC is Ms. Mausami Desai, EPA, Office of Air and Radiation, Office of Atmospheric Programs, Climate Change Division, 202-343-2338, desai.mausami@epa.gov (Federal Register; 15 February 2017 [Notices], page 10767).
Feb 14, 2017
A bill to promote the development of renewable energy on public land, and for other purposes; to the Committee on Energy and Natural Resources (Congressional Record; 2 February 2017 [Senate], page S655).
Feb 10, 2017
A bill to promote the development of renewable energy on public land, and for other purposes; to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Congressional Record; 2 February 2017 [House], page H944).
Feb 09, 2017
A bill to promote the development of renewable energy on public land, and for other purposes; to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Congressional Record; 2 February 2017 [House], page H944).
Feb 08, 2017
A bill to facilitate efficient State implementation of ground-level ozone standards, and for other purposes; to the Committee on Environment and Public Works (Congressional Record; 1 February 2017 [Senate], page S594).
Feb 07, 2017
A bill to amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities, and for other purposes; to the Committee on Energy and Natural Resources (Congressional Record; 30 January 2017 [Senate], page S489).
Feb 06, 2017
A bill to amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities, and for other purposes (Congressional Record; 30 January 2017 [House], page H742).
Feb 03, 2017
A bill to amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes; to the Committee on Natural Resources (Congressional Record; 12 January 2017 [House], page H469).
A bill to amend the Endangered Species Act of 1973 to require review of the economic cost of adding a species to the list of endangered species or threatened species, and for other purposes; to the Committee on Natural Resources (Congressional Record; 27 January 2017 [House], page H702).
A bill to provide for consideration of the extension under the Energy Policy and Conservation Act of nonapplication of No-Load Mode energy efficiency standards to certain security or life safety alarms or surveillance systems, and for other purposes; to the Committee on Energy and Natural Resources (Congressional Record; 23 January 2017 [Senate], page S399).
Jan 24, 2017
A bill to amend the Safe Drinking Water Act to require the improvement of consumer confidence reports, and for other purposes; to the Committee on Energy and Commerce (Congressional Record; 10 January 2017 [House], page H298).
A bill to improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, response, and for other purposes; to the Committee on Commerce, Science, and Transportation (Congressional Record; 9 January 2017 [Senate], page S154).
Jan 23, 2017
A bill to amend the Energy Policy and Conservation Act to exclude power supply circuits, drivers, and devices designed to be connected to, and power, light-emitting diodes or organic light-emitting diodes providing illumination from energy conservation standards for external power supplies, and for other purposes; to the Committee on Energy and Commerce (Congressional Record; 13 January 2017 [House], page H543).
Jan 18, 2017
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement Executive Order, Planning for Federal Sustainability in the Next Decade, and the biobased product acquisition provisions of the Agricultural Act of 2014 (also known as the 2014 Farm Bill). Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before 20 March 2017 to be considered in the formation of the final rule. POC is Mr. Charles Gray, Procurement Analyst, at 703-795-6328 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite "FAR Case 2015-033" (Federal Register; 18 January 2017 [Proposed Rules], pages 5490-5499).
Jan 17, 2017
Reduction of Lead in Drinking Water Act of 2011 (RLDWA) and the Community Fire Safety Act of 2013 (CFSA). Specifically, EPA proposes to establish labeling requirements to differentiate plumbing products that meet the lead free requirements from those that are exempt from the lead free requirements and to require manufacturers to certify compliance with the lead free requirements. These proposed requirements would reduce inadvertent use of non-lead free plumbing products in potable use applications and, consequently, reduce exposure to lead in drinking water and associated adverse health effects. Comments must be received on or before 17 April 2017. POC is Russ Perkinson, tel: 202-564-4901; email address: perkinson.russ@epa.gov, Office of Ground Water and Drinking Water, Standards and Risk Management Division (4607), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460 (Federal Register; 17 January 2017 (Proposed Rules), pages 4805-4825).
Jan 13, 2017
USDA is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 12 sections that will designate 12 product categories composed of intermediate ingredient and feedstock materials within which biobased products would be afforded procurement preference by Federal agencies and their contractors. USDA is also proposing minimum biobased contents for each of these product categories. USDA will accept public comments on this proposed rule until 14 March 2017. POC is Marie Wheat, USDA, Office of Procurement and Property Management, Room 361, Reporters Building, 300 7th St. SW., Washington, DC 20024; email: biopreferred_support@amecfw.com; phone (202) 239-4502 (Federal Register; 13 January 2017 [Proposed Rules], pages 4206-4221).
Jan 12, 2017
A bill to amend the National Marine Sanctuaries Act to prescribe an additional requirement for the designation of marine sanctuaries off the coast of Alaska, and for other purposes; to the Committee on Natural Resources (Congressional Record; 3 January 2017 [House], page H44).
A bill to amend the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes; to the Committee on Energy and Commerce (Congressional Record; 5 January 2017 [House], page H179).
Jan 11, 2017
This action proposes the federal plan for existing commercial and industrial incineration (CISWI) units. This proposed action implements the Environmental Protection Agency's (EPA) emission guidelines (EG) adopted on 7 February 2013, as amended on 23 June 2016, in states that do not have an approved state plan implementing the EG in place by the effective date of this federal plan. The federal plan will result in emissions reductions of certain pollutants from all affected units covered. Comments must be received on or before 27 February 2017. POC is Dr. Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, NC 27711; tel: 919-541-5572; fax: 919-541-3470; email: modak.nabanita@epa.gov (Federal Register; 11 January 2017 (Proposed Rules), pages 3554-3599).
(draftregs sdwa drinkingwater contaminants disinfection treatment) The SDWA requires the U.S. EPA) to conduct a review every 6 yrs of existing national primary drinking water regulations (NPDWRs) and determine which, if any, need to be revised. EPA has completed a detailed review of 76 NPDWRs and at this time has determined that eight NPDWRs are candidates for regulatory revision. The 8 NPDWRs are included in the Stage 1 and the Stage 2 Disinfectants and Disinfection Byproducts Rules, the Surface Water Treatment Rule, the Interim Enhanced Surface Water Treatment Rule and the Long Term 1 Enhanced Surface Water Treatment Rule. EPA requests comments on the 8 NPDWRs identified as candidates for revision. EPA also identified 12 other NPDWRs that were or continue to be addressed in recently completed, ongoing or pending regulatory actions. Those 12 NPDWRs were excluded from detailed review. This is not a final regulatory decision, but the start of a process involving more detailed analyses of factors relevant to deciding whether a revision rulemaking should be initiated. Comments must be received on or before 13 March 2017. POC is Richard Weisman, 202-564-2822, or Kesha Forrest, 202-564-3632, Office of Ground Water and Drinking Water, EPA (Federal Register; 11 January 2017 [Proposed Rules], pages 3518-3552).
Jan 10, 2017
A bill to repeal Federal energy conservation standards, and for other purposes; to the Committee on Energy and Commerce (Congressional Record; 3 January 2017 [House], page H41).
A bill to repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes; to the Committee on Energy and Commerce (Congressional Record; 3 January 2017 [House], page H41).
A bill to direct the Secretary of Labor to revise regulations concerning the recording and reporting of occupational injuries and illnesses under the Occupational Safety and Health Act of 1970; to the Committee on Education and the Workforce (Congressional Record; 3 January 2017 [House], page H42).
Dec 28, 2016
EPA is proposing amendments to the NESHAP for POTW to address the results of the residual risk and technology review (RTR) conducted under the Clean Air Act (CAA). As a result of the review, EPA is proposing to include pretreatment requirements to limit emissions from collection systems and the POTW treatment plant; requirements for existing, new, or reconstructed industrial (Group 1) POTW to comply with both the requirements in this rule and those in the applicable NESHAP for which they act as control; and HAP emission limits for existing, non-industrial (Group 2) POTW. In addition, the EPA is proposing to revise the applicability criteria, revise the names and definitions of the industrial (Group 1) and non-industrial (Group 2) subcategories, revise regulatory provisions pertaining to emissions during periods of startup, shutdown, and malfunction, add requirements for electronic reporting, and make other miscellaneous edits and technical corrections. Comments must be received on or before 27 February 2017. POC is Karen Marsh, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 27711; tel: (919) 541-1065; fax: (919) 541-3470; and email: marsh.karen@epa.gov (Federal Register; 27 December 2016 [Proposed Rules], pages 95352-95396).
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).
Nov 28, 2016
EPA is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. Proposed revisions will require exporters of hazardous waste and receiving facilities recycling or disposing hazardous waste from foreign sources to maintain a single publicly accessible Web site to which documents can be posted regarding the confirmation of receipt and confirmation of completed recovery or disposal of individual hazardous waste import and export shipments. The proposed internet posting requirements are planned for the interim period prior to the electronic import-export reporting compliance date when electronic submittal to EPA of confirmations of receipt and completed recovery or disposal for hazardous waste shipments will be required. EPA also proposes a confidentiality determination to exclude documents related to the export, import, and transit of hazardous waste and export of excluded CRTs from confidential business information (CBI) claims. Comments must be received on or before 27 January 2017. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: (703) 308-0005; email: coughlan.laura@epa.gov (Federal Register; 28 November 2016 [Proposed Rules], pages 85459-85471).
Nov 22, 2016
On 26 August 2016, the Environmental Protection Agency (EPA) issued a proposed rule to revise provisions in the Prevention of Significant Deterioration (PSD) and title V permitting regulations applicable to greenhouse gases (GHGs) to fully conform with recent court decisions. The EPA is extending the comment period on this proposed rule that was scheduled to close on 2 December 2016. POC is Jessica Montanez, Office of Air Quality Planning and Standards, EPA (C504-03), Research Triangle Park, NC 27711; tel 919-541-3407; fax 919-541-5509; email: montanez.jessica@epa.gov (Federal Register; 18 November 2016 [Proposed Rules], pages 81711-81712).
Nov 02, 2016
EPA is proposing to issue amendments to the Non-Hazardous Secondary Materials Rule which generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. The 8 February 2016 amendments added three materials including creosote treated railroad ties to the list of categorical non-waste fuels. This action proposes to add other treated railroad ties to the list, which are processed creosote-borate, copper naphthenate and copper naphthenate-borate treated railroad ties, under certain conditions depending on the chemical treatment. Comments must be received on or before 3 January 2017. POC is George Faison, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, MC 5304P, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 703-305-7652; email: faison.george@epa.gov (Federal Register; 1 November 2016 [Proposed Rules], pages 75781-75801).
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).
Sep 07, 2016
PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council. Comments must be received by 7 November 2016. POC is Steven Webb, Office of Hazardous Materials Standards or Aaron Wiener, International Standards, tel:202-366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. DOT, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001 (Federal Register; 7 September 2016 [Proposed Rules], pages 61741-61831).
Aug 08, 2016
On 9 June 2016 the EPA published a request for comments on a Regulatory Flexibility Act section 610 review titled, Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling 402(C)(3) (Section 610 Review). As initially published in the Federal Register, written comments were to be submitted to the EPA on or before 8 August 2016. Since publication, the EPA has received a request for additional time to submit comments. Therefore, the EPA is extending the public comment period for 30 days until 7 September 2016. The public comment period for the review published 9 June 2016 (81 FR 37373) is being extended for 30 days to 7 September 2016. POC is Jonathan Shafer, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 7404T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Tel: 202 564-0789, Email: shafer.jonathan@epa.gov (Federal Register; 8 August 2016 [Proposed Rules], pages 52393-52394).
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).
Jun 30, 2016
PHMSA proposes to amend 49 CFR 171 through 180 to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing amendments that include, but are not limited to, the following: Incorporating by Reference (IBR) publications from both the Compressed Gas Association (CGA) and the Chlorine Institute; addressing inconsistencies with domestic and international labels and placards; permitting alternative testing for aerosols; no longer mandating that excepted quantities comply with the emergency response telephone requirement; allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms; and no longer requiring the service pressure to be marked on DOT 8 and 8L cylinders. Comments must be submitted by 29 August 2016. POC is Steven Andrews or Matthew Nickels, 202-366-8553, Office of Hazardous Materials Standards, PHMSA, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 (Federal Register; 30 June 2016 [Proposed Rules], pages 42609-42625).
Jun 27, 2016
EPA's Preliminary 2016 Effluent Guidelines Program Plan is now available and EPA is soliciting public comment. Section 304(m) of the CWA requires EPA to biennially publish a plan for new and revised effluent limitations guidelines, after public review and comment. The Preliminary 2016 Plan identifies any new or existing industrial categories selected for effluent guidelines or pretreatment standards and provides a schedule for their development. EPA typically publishes a preliminary plan upon which the public is invited to comment, and then publishes a final plan thereafter. The information and analyses from the 2015 Annual Review were used in developing the Preliminary 2016 Plan. Comments must be received on or before 27 July 2016. POC is Mr. William F. Swietlik, Engineering and Analysis Division, Office of Water, 4303T, U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-566-1129; fax: 202-566-1053; email: swietlik.william@epa.gov (Federal Register; 27 June 2016 [Notices], pages 41535-41536).
Jun 24, 2016
On 13 May 2016, EPA proposed a rule titled, "National Emission Standards for Hazardous Air Pollutants (NESHAP): Site Remediation." The EPA is extending the comment period on the proposed rule that was scheduled to close on 27 June 2016, by thirty days. The EPA has received letters from trade organizations and calls from business organizations requesting additional time to review and comment on the proposed rule revisions. The public comment period for the proposed rule published in the Federal Register on 13 May 2016 (81 FR 529821), is being extended. Written comments must be received on or before 27 July 2016. POC is Paula Hirtz, Refining and Chemicals Group, Sector Policies and Programs Division (E143-01), EPA, Research Triangle Park, NC 27711; tel: 919-541-2618; fax: 919-541-0246; email: hirtz.paula@epa.gov (Federal Register; 24 June 2016 [Proposed Rules], page 41282).
Jun 13, 2016
EPA is extending the comment period on the tentative denial of a petition to revise the RCRA corrosivity hazardous waste characteristic regulation, published in the Federal Register on 11 April 2016. EPA is tentatively denying the rulemaking petition because the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in the tentative denial. The comment period is being extended. Comments must be received on or before 7 December 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 address: helms.greg@epa.gov (Federal Register; 10 June 2016 [Proposed Rules], page 37565).
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).
May 13, 2016
This action proposes to amend the NESHAP: Site Remediation by removing exemptions from the rule for site remediation activities performed under authority of CERCLA and for site remediation activities performed under a RCRA corrective action or other required RCRA order. The EPA is also proposing to remove the applicability requirement that site remediations be co-located with at least one other stationary source regulated by another NESHAP. The EPA is seeking comment on these issues, but is not requesting comment on any other issues or provisions of the final Site Remediation Rule at this time. Comments must be received on or before 27 June 2016. POC is Ms. Paula Hirtz, Refining and Chemicals Group, Sector Policies and Programs Division (E143-01), EPA, Research Triangle Park, NC 27711; tel: 919-541-2618; fax: 919-541-0246; email: hirtz.paula@epa.gov (Federal Register; 13 May 2016 [Proposed Rules], pages 29821-29828).
Apr 19, 2016
This action proposes to list a number of substances as acceptable, subject to use conditions; to list several substances as unacceptable; and to modify the listing status for certain substances from acceptable to acceptable, subject to narrowed use limits, or to unacceptable. This action also proposes to exempt propane in certain refrigeration end-uses from the CAA section 608 prohibition on venting, release, or disposal. In addition, this action proposes to apply unacceptability determinations for foam-blowing agents to closed cell foam products and products containing closed cell foam that are manufactured or imported using these foam-blowing agents. This action also proposes to clarify the listing for Powdered Aerosol D (Stat-X[supreg]). Comments are due 2 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 April 2016 [Proposed Rules], pages 22809-22909).
Apr 11, 2016
EPA is responding to a rulemaking petition requesting revision of the RCRA corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. EPA is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted. The Agency is also soliciting public comment on this tentative and the questions raised in this action. Comments must be received on or before 10 June 2016. POC is Gregory Helms, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-8855; email: corrosivitypetition@epa.gov(Federal Register; 11 April 2016 [Proposed Rules], pages 21295-21308).
Final Documents
NOTE: Final regulations are removed from this list annually as they are incorporated into the full-text version of the Code of Federal Regulations. See https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR)
Final Documents
Feb 15, 2017
This action temporarily delays until 21 March 2017, the effective date of the rule entitled Uniform National Discharge Standards for Vessels of the Armed Forces--Phase II Batch One, published in the Federal Register on 11 January 2017. The effective date of the regulation titled Uniform National Discharge Standards for Vessels of the Armed Forces--Phase II Batch One, published in the Federal Register on 11 January 2017, at 82 FR 3173, is delayed from 10 February 2017 to a new effective date of 21 March 2017. POC is Katherine B. Weiler, Marine Pollution Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; Tel: 202-566-1280; weiler.katherine@epa.gov (Federal Register; 8 February 2017 [Rules and Regulations], page 9682).
Jan 26, 2017
In accordance with the Presidential directive as expressed in the memorandum of 20 January 2017, from the Assistant to the President and Chief of Staff, entitled "Regulatory Freeze Pending Review," this action temporarily delays until 21 March 2017, the effective date of the regulations listed in the table below. EPA identified 30 regulations that meet those criteria. This regulation is effective January 26, 2017. The effective date of each regulation listed is delayed to a new effective date of 21 March 2017. POC is Sarah Rees, Director, Office of Regulatory Policy and Management, Office of Policy, Mail code 1804, U.S. EPA, 1200 Pennsylvania Ave NW., Washington, DC 20460; 202-564-1986; rees.sarah@epa.gov (Federal Register; 26 January 2017 [Rules and Regulations], pages 8499-8501).
Jan 17, 2017
EPA is promulgating revisions to the Guideline on Air Quality Models. The Guideline provides EPA's preferred models and other recommended techniques, as well as guidance for their use in estimating ambient concentrations of air pollutants. It is incorporated into the EPA's regulations. This action includes enhancements to the formulation and application of the EPA's preferred near-field dispersion modeling system, AERMOD (American Meteorological Society (AMS)/EPA Regulatory Model), and the incorporation of a tiered demonstration approach to address the secondary chemical formation of ozone and fine particulate matter (PM2.5) associated with precursor emissions from single sources. The EPA is changing the preferred status of and removing several air quality models from appendix A of the Guideline. The EPA is also making various editorial changes to update and reorganize information throughout the Guideline to streamline the compliance assessment process. This rule is effective 16 February 2017. POC is Mr. George M. Bridgers, Air Quality Assessment Division, Office of Air Quality Planning and Standards, U.S. EPA, Mail code C439-01, Research Triangle Park, NC 27711; tel: 919-541-5563; fax: 919-541-0044; email: Bridgers.George@epa.gov (Federal Register; 17 January 2017 [Rules and Regulations], pages 5182-5235).
Jan 13, 2017
These revisions to the RMP contain several changes to the accident prevention program requirements including an additional analysis of safer technology and alternatives as part of the process hazard analysis for some Program 3 processes, third-party audits and incident investigation root cause analysis for Program 2 and Program 3 processes; enhancements to the emergency preparedness requirements; increased public availability of chemical hazard information; and several other changes to certain regulatory definitions and data elements submitted in risk management plans. This final rule is effective on 14 March 2017. POC is James Belke, U.S. EPA, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW., (Mail Code 5104A), Washington, DC 20460; tel: 202-564-8023; email: belke.jim@epa.gov (Federal Register; 13 January 2017 [Rules and Regulations], pages 4594-4705).
Jan 12, 2017
EPA is establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. EPA is requiring persons that manufacture (defined by statute to include import) or process, or intend to manufacture or process these chemical substances to electronically report to EPA certain information. This rule involves one-time reporting for existing discrete forms of certain nanoscale materials, and a standing one-time reporting requirement for new discrete forms of certain nanoscale materials before those new forms are manufactured or processed. This final rule is effective 12 May 2017. POC is Jim Alwood, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-564-8974; email: alwood.jim@epa.gov (Federal Register; 12 January 2017 [Rules and Regulations], pages 3641-3655).
Jan 11, 2017
EPA and the U.S. DoD are promulgating discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces into the navigable waters of the United States, the territorial seas, and the contiguous zone. The 11 discharges addressed by the final rule are the following: aqueous film-forming foam (AFFF), chain locker effluent, distillation and reverse osmosis brine, elevator pit effluent, gas turbine water wash, non-oily machinery wastewater, photographic laboratory drains, seawater cooling overboard discharge, seawater piping biofouling prevention, small boat engine wet exhaust, and welldeck discharges. This final rule is effective on 10 February 2017. POC is Katherine B. Weiler, Marine Pollution Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 202-566-1280; weiler.katherine@epa.gov, or Mike Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm 2D253), Washington, DC 20350-2000; 703-695-5184; mike.pletke@navy.mil ( Federal Register; 11 January 2017 [Rules and Regulations], pages 3173-3185).
Dec 28, 2016
The EPA publishes the semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about: Regulations in the semiannual regulatory agenda that are under development, completed, or canceled since the last agenda; Retrospective reviews of existing regulations; and Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act. If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Caryn Muellerleile (muellerleile.caryn@epa.gov; 202-564-2855) (Federal Register; 23 December 2016, pages 94809-94816).
Dec 20, 2016
EPA is finalizing a SDWA rule that requires public water systems to collect occurrence data for contaminants that may be present in drinking water but are not yet subject to EPA's drinking water standards set under the SDWA. This rule identifies eleven analytical methods to support water system monitoring for a total of 30 chemical contaminants, consisting of nine cyanotoxins and one cyanotoxin group; two metals; eight pesticides plus one pesticide manufacturing byproduct (hereinafter collectively referred to as ``pesticides'); three brominated haloacetic acid disinfection byproduct groups; three alcohols; and three semivolatile organic chemicals. EPA is also announcing a public meeting and webinar to discuss the implementation of the UCMR 4. This final rule is effective on 19 January 2017. POC is Brenda D. Parris, Standards and Risk Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, OH 45268; tel: (513) 569-7961; or email: parris.brenda@epa.gov (Federal Register; 20 December 2016 [Rules and Regulations], pages 92666-92692).
Dec 19, 2016
EPA is publishing an initial list of ten (10) chemical substances that will be the subject of the Agency's chemical risk evaluations to determine whether the chemical substances present an unreasonable risk of injury to health or the environment. For each chemical substance, within 6 mo from the date of publication of this notice, EPA will issue a scoping document. EPA has also established dockets for each of these chemical substances to document each risk evaluation and to facilitate receipt of information that will be useful to the Agency's risk evaluation. The 10 chemical substances for which EPA is initiating risk evaluations are as follows: 1,4-Dioxane; 1-Bromopropane; Asbestos; Carbon Tetrachloride; Cyclic Aliphatic Bromide Cluster (HBCD); Methylene Chloride; N-Methylpyrrolidone (NMP); Pigment Violet 29 Anthra[2,1,9-def:6,5,10-d'e'f']diisoquinoline-1,3,8,10(2H,9H)-tetrone); Trichloroethylene (TCE); and Tetrachloroethylene (also known as perchloroethylene). POC is Sheila Canavan, Chemical Control Division (Mail Code 7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; tel: 202-566-1978; email: canavan.sheila@epa.gov (Federal Register; 19 December 2016 [Notices], pages 91927-91929).
Dec 14, 2016
Dated 9 December 2016, the focus of EO 13754 is arctic environmental stewardship. It is the policy of the United States to enhance the resilience of the northern Bering Sea region by conserving the region's ecosystem, including those natural resources that provide important cultural and subsistence value and services to the people of the region.
Dec 09, 2016
EPA is revising the regulations governing regulated small municipal separate storm sewer system (MS4) permits to respond to a remand from the United States Court of Appeals for the Ninth Circuit in Environmental Defense Center, et al. v. EPA, 344 F.3d 832 (9th Cir. 2003). In that decision, the court determined that the regulations for providing coverage under small MS4 general permits did not provide for adequate public notice and opportunity to request a hearing. Additionally, the court found that EPA failed to require permitting authority review of the best management practices (BMPs) to be used at a particular MS4 to ensure that the small MS4 permittee reduces pollutants in the discharge from their systems to the "maximum extent practicable" (MEP). The final rule establishes two alternative approaches a permitting authority can use to issue NPDES general permits for small MS4s and meet the requirements of the court remand. This final rule does not establish any new substantive requirements for small MS4 permits. This final rule is effective on 9 January 2017. POC is Greg Schaner, Office of Wastewater Management, Water Permits Division (4203M), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-0721; email: schaner.greg@epa.gov ( Federal Register; 9 December 2016 [Rules and Regulations], pages 89320-89352).
EPA is amending specific provisions in the GHG Reporting Rule to streamline and improve implementation of the rule, to improve the quality and consistency of the data collected under the rule, and to clarify or provide minor updates to certain provisions that have been the subject of questions from reporting entities. This action also finalizes confidentiality determinations for certain data elements. In addition, this is the final action on reconsideration in response to a Petition for Reconsideration regarding specific aspects of the Greenhouse Gas Reporting Rule. This rule is effective on 1 January 2017. POC is Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC-6207J), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: (202) 343-9334; fax: (202) 343-2342; email: GHGReporting@epa.gov ( Federal Register; 9 December 2016 [Rules and Regulations], pages 89188-89274).
Dec 08, 2016
Issued on 5 December 2016, EO 13751 amends Executive Order 13112 and directs Federal Agency actions to continue coordinated Federal prevention and control efforts related to invasive species.
EPA has made final updates to the 1992 Manual of Protective Action Guides and Protective Actions for Nuclear Incidents, referred to as "The 1992 PAG Manual" (EPA 400-R-92-001, May 1992). The updated guidance in the revised PAG Manual applies the protective action guides (PAGs) to incidents other than nuclear power plant accidents, updates the radiation dosimetry and dose calculations based on current science and incorporates late phase guidance. The final revisions incorporate input from public comments received in 2013 and include clarifications based on those comments. The final revision of the PAG Manual is available at www.regulations.gov. POC is Sara DeCair, Radiation Protection Division, Center for Radiological Emergency Management, Mail Code 6608T, U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: (202) 343-9108; fax: (-202-343-2304; Email: decair.sara@epa.gov (Federal Register; 8 December 2016 [Rules and Regulations], pages 88679-88681).
Dec 06, 2016
EPA is issuing a general permit to authorize the transport of marine mammal carcasses from the United States and disposal of marine mammal carcasses in ocean waters. Permit authorization is available for any officer, employee, agent, department, agency, or instrumentality of federal, state, tribal, or local unit of government, as well as any Marine Mammal Health and Stranding Response Program (MMHSRP) Stranding Agreement Holder, and any Alaskan Native, who already may take a marine mammal under the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The EPA's purpose in issuing a general permit is to expedite required authorizations for the ocean disposal of marine mammal carcasses that otherwise currently require the issuance of an emergency permit. This general permit is effective 5 January 2017. POC is Brian Rappoli, Ocean and Coastal Protection Division, Office of Water, 4504T, EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-566-1548; fax: 202-566-1546; email: rappoli.brian@epa.gov (Federal Register; 6 December 2016 [Rules and Regulations], pages 87928-87933).
Dec 01, 2016
Pursuant to the EPA's SNAP program, this action lists certain substances as acceptable, subject to use conditions; lists several substances as unacceptable; and changes the listing status for certain substances from acceptable to acceptable, subject to narrowed use limits, or to unacceptable. This action also exempts propane in certain refrigeration end-uses from the Clean Air Act section 608 prohibition on venting, release, or disposal. In addition, this action applies unacceptability determinations for foam-blowing agents to closed cell foam products and products containing closed cell foam that are manufactured or imported using these foam blowing agents. This rule is effective 3 January 2017. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-564-7768; email: Farquharson.chenise@epa.gov (Federal Register; 1 December 2016 [Rules and Regulations], pages 86778-86895).
Nov 28, 2016
EPA is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. EPA is making these changes to: Provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal to EPA of all export and import-related documents (e.g., export notices, export annual reports); and enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit. The AES resides in the U.S. Customs and Border Protection's Automated Commercial Environment (ACE). This final rule is effective on 31 December 2016. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 703-308-0005; email address: coughlan.laura@epa.gov (Federal Register; 28 November 2016 [Rules and Regulations], pages 85696-85729).
EPA has finalized revisions to the RCRA hazardous waste generator regulatory program proposed on 25 September 2015. These revisions include reorganizing the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community; providing a better understanding of how the RCRA hazardous waste generator regulatory program works; addressing gaps in the existing regulations to strengthen environmental protection; providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; and making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist. This final rule is effective on 30 May 2017. POC is Jim O'Leary, U.S. EPA, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Ave. NW., Washington, DC 20460, 703-308-8827, oleary.jim@epa.gov (Federal Register; 28 November 2016 [Rules and Regulations], pages 85732-85829).
Nov 22, 2016
The knowing release of ozone-depleting and substitute refrigerants during the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration is prohibited. The existing regulations require that persons maintaining, servicing, repairing, or disposing of air-conditioning and refrigeration equipment containing more than 50 lbs of refrigerant observe certain service practices that reduce emissions of ozone-depleting refrigerant. This rule updates those existing requirements as well as extends them, as appropriate, to non-ozone depleting substitute refrigerants, such as hydrofluorocarbons. Updates include strengthened leak repair requirements, recordkeeping requirements for the disposal of appliances containing > 5 and < 50 lb of refrigerant, revisions to the technician certification program, and revisions for improved readability and compliance. This final rule is effective on 1 January 2017. POC is Jeremy Arling, Stratospheric Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-343-9055; email address arling.jeremy@epa.gov (Federal Register; 18 November 2016 [Rule and Regulations], pages 82272-82395).
EPA is taking direct final action to update a procedure in the New Source Performance Standards (NSPS). The procedure provides the ongoing QA/QC procedures for assessing the acceptability of particulate matter (PM) continuous emissions monitoring systems (CEMS). The procedure explains the criteria for passing an annual response correlation audit (RCA) and the criteria for passing an annual relative response audit (RRA). EPA is modifying the procedure to allow facilities to extend their PM CEMS correlation regression line to the lowest PM CEMS response obtained during the annual RCA or RRA, when these PM CEMS responses are less than the lowest response used to develop the existing correlation curve. This change will ensure that facilities that have reduced their emissions since completing their correlation testing will no longer be penalized because their lower emissions fall outside their initial response range. This rule is effective on 21 February 2017 without further notice, unless the EPA receives adverse comment by 21 December 2016. POC is Ms. Kimberly Garnett, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Measurement Technology Group (E143-02), Research Triangle Park, NC 27711; tel: 919-541-1158; fax: 919-541- 0516; email: garnett.kim@epa.gov (Federal Register; 21 November 2016 [Rules and Regulations], pages 83160-83163).
Nov 07, 2016
EPA is promulgating amendments to the EPA's federal Prevention of Significant Deterioration (PSD) regulations to remove a date restriction from the Permit Rescission provision. Other than removing the date restriction, this final rule does not alter the criteria under which a new source review (NSR) permit may be rescinded. This final rule also clarifies that a rescission of a permit is not automatic and corrects an outdated cross-reference to another part of the PSD regulations. The EPA is also adding a corresponding Permit Rescission provision in the federal regulations that apply to major sources in nonattainment areas of Indian country. This final rule is effective on 7 December 2016. POC is Ms. Jessica Montanez, Office of Air Quality Planning and Standards, U.S. EPA (C504-03), Research Triangle Park, NC 27711, by phone at (919) 54l-3407, or by email at montanez.jessica@epa.gov (Federal Register; 7 Nov 2016 [Rules and Regulations], pages 78043-78048).
Nov 02, 2016
This notice announces issuance by all ten EPA Regions of the final 2016 NPDES pesticide general permit (PGP)--the "2016 PGP." The 2016 PGP, which has an effective date of 31 October 2016, replaces the existing permit ("2011 PGP") that expires at midnight on 31 October 2016, and authorizes certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. POC is Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: 202-564-0021 or email: chumble.prasad@epa.gov (Federal Register; 1 November 2016 [Notices], pages 75816-75820).
Oct 27, 2016
EPA published the original Cross-State Air Pollution Rule (CSAPR) on 8 August 2011, to address interstate transport of ozone pollution under the 1997 NAAQS and interstate transport of fine particulate matter (PM2.5) pollution under the 1997 and 2006 PM2.5 NAAQS. The EPA is finalizing the CSAPR Update to address interstate transport of ozone pollution with respect to the 2008 ozone NAAQS. For 22 eastern states EPA is issuing Federal Implementation Plans (FIPs) that generally provide updated CSAPR NOX ozone season emission budgets for the electric generating units (EGUs) within these states, and that implement these budgets via modifications to the CSAPR NOX ozone season allowance trading program that was established under the original CSAPR. This CSAPR Update also addresses the 28 July 2015 remand by the U.S. Court of Appeals for the DC Circuit of certain states' original CSAPR phase 2 ozone season NOX emission budgets. This rule also updates the status of certain states' outstanding interstate ozone transport obligations with respect to the 1997 ozone NAAQS. This final rule is effective on December 27, 2016. POC is Mr. David Risley, Clean Air Markets Division, Office of Atmospheric Programs (Mail Code 6204M), EPA, 1200 Penn. Avenue NW., Washington, DC 20460; tel: 202-343-9177; email: Risley.David@epa.gov (Federal Register; 26 Oct 2016 [Rules and Regulations], pages 73478-74274).
Oct 24, 2016
This notice identifies the Federal facilities not previously listed on the Federal Agency Hazardous Waste Compliance Docket and also identifies Federal facilities reported to EPA since the last update on 3 March 2016. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. The revisions in this update include 13 additions, 28 corrections, and 21 deletions to the Docket since the previous update. At the time of publication of this notice, the new total number of Federal facilities listed on the Docket is 2,318. This list is current as of 17 October 2016. POC is Benjamin Simes (Simes.Benjamin@epa.gov), Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal Facilities Restoration and Reuse Office (Mail Code 5106R), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460 (Federal Register; 24 October 2016 [Notices], pages 73096-73104).
Oct 19, 2016
Issued by the Office of Federal Sustainability Council on Environmental Quality (CEQ) to Federal agency Chief Sustainability Officers the guidance outlines how Federal agencies can take advantage of workplace charging opportunities under the FAST Act, and provides an approach for a uniform fee for the use of existing and new hard-wired electric vehicle supply equipment (EVSE) with cordsets including alternating current (AC) Level 1 EVSE, AC Level 2 EVSE, or direct current fast chargers (DCFC), for the purposes of seeking reimbursement under the FAST Act. The document also describes how Federal agency Chief Sustainability Officers should coordinate with Federal agency fleet managers to report annually on the implementation of workplace charging in the Federal Automotive Statistical Tool (FAST). The guidance is effective 19 October 2016. POC is Dee Siegel, Office of Federal Sustainability, at Dee_S_Siegel@ceq.eop.gov or 202-456-6224 (Federal Register; 19 October 2016 [Notices], page 72041).
Oct 18, 2016
Based on the Environmental Protection Agency's (EPA's) review of the air quality criteria and the national ambient air quality standards (NAAQS) for lead (Pb), the EPA is retaining the current standards, without revision. This final rule is effective on November 17, 2016. POC is Dr. Deirdre L. Murphy, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S. EPA, Mail code C504-06, Research Triangle Park, NC 27711; tel: 919-541-0729; fax: 919-541-0237; email: murphy.deirdre@epa.gov (Federal Register: October 18, 2016 [Rules and Regulations] Page 71906-71943).
The U.S. EPA is revising the public notice rule provisions for the New Source Review (NSR), title V and Outer Continental Shelf (OCS) permit programs of the Clean Air Act (CAA or Act) and corresponding onshore area (COA) determinations for implementation of the OCS air quality regulations. This final rule removes the mandatory requirement to provide public notice of a draft air permit (as well as certain other program actions) through publication in a newspaper. Instead, this final rule requires electronic notice (e-notice) for EPA actions (and actions by permitting authorities implementing the federal permitting rules) and allows for e-notice as an option for actions by permitting authorities implementing EPA-approved programs. When e-notice is provided, the final rule requires, at a minimum, electronic access (e-access) to the draft permit. However, this final rule does not preclude a permitting authority from supplementing e-notice with newspaper notice and/or additional means of notification to the public. The EPA anticipates that e-notice, which is already being practiced by many permitting authorities, will enable permitting authorities to communicate permitting and other affected actions to the public more quickly and efficiently and will provide cost savings over newspaper publication.(Federal Register: October 18, 2016 [Rules and Regulations] Page 71613-71631).
Sep 29, 2016
Because the EPA received adverse comment, they are withdrawing the direct final rule titled, "Technical Correction to the National Ambient Air Quality Standards for Particulate Matter," published on 11 August 2016. Effective 29 September 2016, the EPA withdraws the direct final rule published at 81 FR 53006 on 11 August 2016. POC is Mr. Brett Gantt, Air Quality Assessment Division, Office of Air Quality Planning and Standards (Mail Code: C304-04), EPA, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711, tel: 919-541-5274; fax: 919-541-3613; email: gantt.brett@epa.gov (Federal Register; 29 September 2016 [Rules and Regulations], page 66823).
Sep 26, 2016
In section 518(e) of the CWA, Congress authorized the EPA to treat eligible federally recognized Indian tribes in a similar manner as a state for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA is establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, this final rule enables eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). This final rule is effective 26 October 2016. POC is Ruth Chemerys, Assessment and Watershed Protection Division, Office of Wetlands, Oceans and Watersheds (4503T), EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460; tel: 202-566-1216; fax: 202-566-1331; email: TASTMDL@epa.gov (Federal Register; 26 September 2016 [Rules and Regulations], pages 65901-65917).
Sep 14, 2016
This is EPA's final decision on the issues for which it announced reconsideration on 21 Jan 2015 pertaining to certain aspects of the 1 Feb 2013, final amendments to the "National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers." EPA is retaining the subcategory and separate requirements for limited-use boilers, consistent with the February 2013 final rule. EPA is amending 3 reconsidered provisions: 1. The alternative particulate matter (PM) standard for new oil-fired boilers; 2. performance testing for PM for certain boilers based on their initial compliance test; and 3. fuel sampling for mercury (Hg) for certain coal-fired boilers based on initial compliance demonstration. EPA is making minor changes to the proposed definitions of startup and shutdown. This final action also addresses a limited number of technical corrections and clarifications on the rule, including removal of the affirmative defense for malfunction. This final rule is effective on 14 Sept 2016. POC is Ms. Mary Johnson, Energy Strategies Group, Sector Policies and Programs Division (D243-01), EPA, Research Triangle Park, NC 27711; tel: 919=541-5025; email: johnson.mary@epa.gov (Federal Register; 14 September 2016 [Rules and Regulations], pages 63112-63131).
Aug 30, 2016
This action promulgates technical and editorial corrections and revisions to regulations related to source testing of emissions. EPA made corrections and updates to testing provisions, and added newly approved alternatives to existing testing regulations. These revisions will improve the quality of data and provide flexibility in the use of approved alternative procedures. The revisions do not impose any new substantive requirements on source owners or operators. The final rule is effective on 31 October 2016. The incorporation by reference materials listed in the rule are approved by the Director of the Federal Register as of 31 October 2016. POC is Ms. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tel: (919) 541-2910; fax: (919) 541-0516; email: melton.lula@epa.gov (Federal Register; 30 August 2016 [Rules and Regulations], pages 59799-59826).
Aug 29, 2016
EPA is finalizing a new subpart that updates the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. This action will achieve additional reductions in emissions of landfill gas and its components, including methane, by lowering the emissions threshold at which a landfill must install controls. This action also incorporates new data and information received in response to an advanced notice of proposed rulemaking and a proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system. The revised Emission Guidelines, once implemented through revised state plans or a revised federal plan, will reduce emissions of landfill gas, which contains both nonmethane organic compounds and methane. Landfills are a significant source of methane, which is a potent greenhouse gas pollutant. This final rule is effective on 28 October 2016. POC is Ms. Hillary Ward, Fuels and Incineration Group, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (E143-05), EPA, Research Triangle Park, NC 27711; tel: 919-541-3154; fax: 919-541-0246; email: ward.hillary@epa.gov Federal Register; 29 August 2016 [Rules and Regulations], pages 59275-59330).
EPA is finalizing a new subpart that updates the Standards of Performance for Municipal Solid Waste Landfills. EPA reviewed the existing standards for municipal solid waste landfills that commence construction, reconstruction, or modification after July 17, 2014. These final standards also reflect changes to the population of landfills and an analysis of the timing and methods for reducing emissions. This action will achieve additional reductions in emissions of landfill gas and its components, including methane, by lowering the emissions threshold at which a landfill must install controls. This action also incorporates new data and information received in response to the proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system. This final rule is effective on 28 October 2016. POC is Ms. Hillary Ward, Fuels and Incineration Group, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (E143-05), EPA, Research Triangle Park, NC 27711; tel: 919-541-3154; fax: 919-541-0246; email: ward.hillary@epa.gov (Federal Register; 29 August 2016 [Rules and Regulations], pages 59331 - 59384).
Aug 25, 2016
EPA is publishing notice of availability of the final NPDES GP (IDG380000) to drinking water treatment facilities in Idaho. The GP authorizes discharges of treated wastewater from water treatment filtration processes and their delivery systems to waters of the United States within the State of Idaho. On 25 April 2016, EPA proposed the GP and there was a 30 day comment period. During the comment period, EPA received comments on the draft permit but no changes to the permit were necessary based on the comments received. The GP will be effective on 1 November 2016. POC is Kai Shum at (206) 553-0060, shum.kai@epa.gov (Federal Register; 24 August 2016 [Notices], pages 57907-57908).
Aug 16, 2016
The EPA Administrator finds that elevated concentrations of greenhouse gases in the atmosphere endanger the public health and welfare of current and future generations within the meaning of section 231(a)(2)(A) of the Clean Air Act (CAA, or Act). She makes this finding specifically with respect to the same six well-mixed greenhouse gases--carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride--that together were defined as the air pollution in the 2009 Endangerment Finding under section 202(a) of the CAA and that together constitute the primary cause of the climate change problem. The Administrator also finds that emissions of those six well-mixed greenhouse gases from certain classes of engines used in certain aircraft are contributing to the air pollution--the aggregate group of the same six greenhouse gases--that endangers public health and welfare under CAA section 231(a)(2)(A). These findings are effective on 14 September 2016. POC is Lesley Jantarasami, Office of Atmospheric Programs, Climate Change Division, EPA, 1200 Pennsylvania Ave. NW., Mail Code 6207-A, Washington, DC 20460; Tel: 202-343-9990; Email: ghgendangerment@epa.gov (Federal Register; 15 August 2016 [Rules and Regulations], pages 54421-54475).
Aug 11, 2016
EPA is taking direct final action to make a technical correction to an equation in an appendix in the National Ambient Air Quality Standards (NAAQS) for Particle Pollution. Equation 2 describes an intermediate step in the calculation of the design value for the annual PM2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) NAAQS. This action corrects a scrivener's error in one of the equations used to calculate an annual mean PM2.5 concentration, to properly account for cases where a site does not have four complete quarters of data and passes one of two substitution tests. This change accurately reflects the intended calculation of the annual mean PM2.5 design value and is consistent with the text elsewhere in the appendix. This rule is effective on 11 October 2016 without further notice, unless the EPA receives adverse comment by 12 September 2016. If the EPA receives adverse comment, they will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. POC is Mr. Brett Gantt, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Air Quality Analysis Group (Mail Code: C304-04), Research Triangle Park, NC 27711; tel: (919) 541-5274; fax: 919-541-3613; email address: gantt.brett@epa.gov (Federal Register; 11 August 2016 [Rules and Regulations], pages 53006-53008).
Aug 08, 2016
EPA is taking direct final action to extend for certain inactive coal combustion residuals (CCR) surface impoundments the compliance deadlines established by the regulations for the disposal of CCR under subtitle D of RCRA. These revisions are taken in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on 14 June 2016. This rule is effective on 4 October 2016 without further notice, unless EPA receives adverse comment by August 22, 2016. If EPA receives adverse comment, we will publish a timely withdrawal notice in the Federal Register informing the public that the rule will not take effect. POC is Steve Souders, Office of Resource Conservation and Recovery, Environmental Protection Agency, 5304P, Washington, DC 20460; tel: 703-308-8431; email: souders.steve@epa.gov (Federal Register; 5 August 2016 [Rules and Regulations], pages 51802-51808).
EPA has responded to two petitions for reconsideration of the final rule titled "Reconsideration of Certain Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants (NESHAP) From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance (NSPS) for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units," published in the Federal Register on 19 November 19, 2014. The Administrator denied the requests for reconsideration in separate letters to the petitioners. The letters and a document providing a full explanation of the agency's rationale for each denial is in the docket for these rules. POC is Mr. Jim Eddinger, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, NC 27711; tel: 919-541-5426; fax: 919-541-5450; email: eddinger.jim@epa.gov (Federal Register; 8 August 2016 [Rules and Regulations], pages 52346-52347).
Because EPA received adverse comment, they are withdrawing a portion of the 19 May 2016, direct final rule that made several minor technical amendments to the performance specifications and test procedures for hydrogen chloride (HCl) continuous emission monitoring systems (CEMS). The adverse comments related to revisions to Procedure 6 and thus the EPA is withdrawing the portion of the direct final rule that revised Procedure 6. Effective 8 August 2016, the EPA withdraws the revisions to Procedure 6, sections 4.1.5, 4.1.5.1, 4.1.5.3, and 5.2.4.2, published at 81 FR 31515, on 19 May 2016.POC is Ms. Candace Sorrell, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Measurement Technology Group (Mail Code: E143-02), Research Triangle Park, NC 27711; tel: 919-541-1064; fax: 919-541-0516; email: sorrell.candace@epa.gov (Federal Register; 8 August 2016 [Rules and Regulations], page 52348).
Aug 03, 2016
EPA is taking direct final action to amend the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Aerospace Manufacturing and Rework Facilities. In this action, EPA is clarifying the compliance date for the handling and storage of waste. This rule is effective on 3 October 2016 without further notice, unless the EPA receives significant and relevant adverse comment by 2 September 2016. If the EPA receives significant and relevant adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. POC is Ms. Kim Teal, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 27711; tel: (919) 541-5580; fax: (919) 541-5450; and email address: teal.kim@epa.gov (Federal Register; 3 August 2016 [Rules and Regulations], pages 51114-51116).
Aug 01, 2016
EPA is taking direct final action to revise the regulatory definition of volatile organic compounds (VOC) under the CAA. This direct final action adds 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (also known as HFE-347pcf2; CAS number 406-78-0) to the list of compounds excluded from the regulatory definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone (O3) formation. This rule is effective on 30 September 2016 without further notice, unless the EPA receives adverse comment by 31 August 2016. If the EPA receives adverse comment, they will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. POC is Souad Benromdhane, Office of Air Quality Planning and Standards, Health and Environmental Impacts Division, Mail Code C539-07, EPA, Research Triangle Park, NC 27711; tel: 919-541-4359; fax: 919-541-5315; email address: benromdhane.souad@epa.gov (Federal Register; 1 August 2016 [Rules and Regulations], pages 50330-50336).
Jul 21, 2016
EPA issued a final rule in the Federal Register on 13 June 2016 (81 FR 38104) amending its hazardous chemical reporting regulations. That document inadvertently omitted the hazard "serious eye damage or eye irritation" in 40 CFR 370.66 under the definition of "health hazard". This action corrects that definition. This final rule is effective 21 July 2016. POC is Sicy Jacob, Office of Emergency Management, Mail Code 5104A, EPA, 1200 Pennsylvania Avenue NW., Washington DC 20004; tel: 202-564-8019; email: jacob.sicy@epa.gov (Federal Register; 21 July 2016 [Rules and Regulations], pages 47311-47312).
Jul 19, 2016
EPA has approved alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. EPA is using this streamlined authority to make 16 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 19 July 2016. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, OH 45268; tel: 513-569-7652; email: smith.glynda@epa.gov (Federal Register; 19 July 2016 [Rules and Regulations, pages 46839-46848]).
Jul 13, 2016
EPA has designated, in accordance with 40 CFR 53, one new reference method for measuring concentrations of sulfur dioxide (SO2), four new equivalent methods for measuring concentrations of PM2.5, PM10 and PM10-2.5 in ambient air. POC is Robert Vanderpool, Exposure Methods and Measurement Division (MD-D205-03), National Exposure Research Laboratory, U.S. EPA, Research Triangle Park, NC 27711. Email: Vanderpool.Robert@epa.gov (Federal Register; 13 July 2016 [Notices], pages 45284-45285).
EPA is releasing the final updated CWA section 304(a) recommended national chronic aquatic life criterion for the pollutant selenium in fresh water. The final criterion supersedes EPA's 1999 CWA section 304(a) recommended national acute and chronic aquatic life criteria for selenium. The 2016 recommended criterion reflects the latest scientific information, which indicates that selenium toxicity to aquatic life is primarily based on organisms consuming selenium-contaminated food rather than direct exposure to selenium dissolved in water. EPA's water quality criterion for selenium provides recommendations to states and tribes authorized to establish water quality standards under the CWA. POC is Joe Beaman, Health and Ecological Criteria Division, Office of Water (Mail Code 4304T), EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; tel: 202-566-0420; email: beaman.joe@epa.gov (Federal Register; 13 June 2016 [Notices], pages 45285-45287).
Jul 12, 2016
This rule establishes the initial air quality designations for certain areas in the United States (U.S.) for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The EPA is designating the areas as either nonattainment, unclassifiable/attainment, or unclassifiable, based on whether the areas do not meet the NAAQS or contribute to a nearby area that does not meet the NAAQS; meet the NAAQS; or cannot be classified on the basis of available information as meeting or not meeting the NAAQS, respectively. The designations are based on the weight of evidence for each area, including available air quality monitoring data and air quality modeling. This is the second round of area designations for the 2010 SO2 NAAQS. The effective date of this rule is 12 September 2016. POC is Rhea Jones, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Planning Division, C539-04, Research Triangle Park, NC 27711, tel: 919-541-2940, email: jones.rhea@epa.gov (Federal Register; 12 July 2016 [Rules and Regulations], pages 45039-45055).
Jul 07, 2016
EPA is finalizing these amendments to allow manufacturers to design the engines so that operators can temporarily override performance inducements related to the emission control system for stationary CI internal combustion engines. The amendments apply to engines operating during emergency situations where the operation of the engine or equipment is needed to protect human life, and to require compliance with Tier 1 emission standards during such emergencies. The EPA is also amending the standards of performance for certain stationary CI internal combustion engines located in remote areas of Alaska. This final rule is effective on 6 September 2016. POC is Ms. Melanie King, Energy Strategies Group, Sector Policies and Programs Division (D243-01), EPA, Research Triangle Park, NC 27711; tel: 919-541-2469; fax: 919-541-5450; email: king.melanie@epa.gov (Federal Register; 7 July 2016 [Rules and Regulations], pages 44212-44220).
Jul 06, 2016
EPA is providing notice of the Agency's decision that no additional regulations are needed to address stormwater discharges from forest roads under Section 402(p)(6) of the Clean Water Act (CWA) at this time. This document responds to the remand in Environmental Defense Center, Inc. v. U.S. EPA, 344 F.2d 832 (9th Cir. 2003) that requires EPA to consider whether the CWA requires the Agency to regulate stormwater discharges from forest roads. This decision shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on 11 July 2016. POC is Prasad Chumble, EPA Headquarters, Office of Water, Office of Wastewater Management via email at chumble.prasad@epa.gov or tel at 202-564-0021 (Federal Register; 5 July 2016 [Rules and Regulations], pages 43492-43510).
This is a correction of previously published corrections to the text of 40 CFR 60. The original corrections were published in the Federal Register 30 June 2016, pages 42542-42543. This current publication requires that in rule document 2016-15707 beginning on page 42542 the following correction be made. On page 42542, in the third column, below the 44th line, remove the photographed text and insert, "3. Reinstate the symbol E, in the following places:" (Federal Register; 6 July 2016 [Rules and Regulations], page 43950).
Jul 01, 2016
In Title 40 of the Code of Federal Regulations, Parts 1000 to End, revised as of July 1, 2015, on page 857, in Sec. 1065.670, the second paragraph of introductory text is removed (Federal Register; 1 July 2016 [Rules and Regulations], page 43101).
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Last Updated: January 06, 2017