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Regulatory Watch


The Regulatory Watch page will be your source for monitoring and tracking the progress of current draft and final regulatory information.
Please select a document type from the list above or do your own legislation search and/or bill tracking from the link below:


Draft Documents
Mar 26, 2025
A bill to require the priority and consideration of using native plants in Federal projects. (Congressional Record 21 February 2025 [House] Pages H726-H729)
Mar 25, 2025
A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 13 February 2025 [House] Pages H705-H710)
Mar 24, 2025
The EPA and the Department of the Army intend to engage with State and Tribal co-regulators; industry and agricultural stakeholders; environmental and conservation stakeholders; and the public on certain key topics related to the implementation of the definition of "waters of the United States" in light of the Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. This notice includes an announcement of forthcoming listening sessions on specific key topic areas to hear interested stakeholders' perspectives on defining "waters of the United States" consistent with the Supreme Court's interpretation of the scope of Clean Water Act jurisdiction and how to implement that interpretation as the agencies consider next steps. The agencies are also accepting written recommendations from members of the public via a recommendations docket. These opportunities are intended to provide for broad, transparent engagement with a full spectrum of stakeholders. Written recommendations must be received on or before 23 April 2025. POC is Stacey Jensen, Oceans, Wetlands and Communities Division, Office of Water (4504-T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-2281; email: WOTUS-outreach@epa.gov. (Federal Register 24 March 2025 [Proposed Rule] Pages 13428-13431)
Mar 21, 2025
USFWS announced that they are reopening the comment periods for proposed rules pertaining to three insect species: monarch butterfly (Danaus plexippus), bleached sandhill skipper (Polites sabuleti sinemaculata), and Suckley's cuckoo bumble bee (Bombus suckleyi). They also announce a public hearing for the bleached sandhill skipper. Comments previously submitted on these proposed rules need not be resubmitted as they are already incorporated into the public records for these rulemaking actions and will be fully considered in our development of the final rules. The comment periods on the proposed rules that published on 12 December 2024, at 89 FR 100662, on 17 December 2024, at 89 FR 102074, and on 8 January 2025, at 90 FR 1421 are reopened until 19 May 2025. For information related to the monarch butterfly, bleached sandhill skipper, or Suckley's cuckoo bumble bee, contact John Tirpak, Manager of the Division of Conservation and Classification, USFWS, Headquarters Office; tele 703-358-2163. (Federal Register 19 March 2025 [Proposed Rule] Pages 12694-12695).
Mar 17, 2025
A bill to sunset new Federal regulatory rules after 5 years. (Congressional Record: 12 February 2025 [House] Pages H673-H677)
A bill to extend the customs waters of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States, consistent with Presidential Proclamation 7219. (Congressional Record: 12 February 2025 [House] Pages H673-H677)
A bill to amend the Clean Air Act to modify the Methane Emissions Reduction Program. (Congressional Record 11 February 2025 [Senate] Pages S859-S860)
A bill to amend the Clean Air Act to modify Reid Vapor Pressure requirements and to provide for the return of certain retired credits. (Congressional Record 13 February 2025 [Senate] Pages S970-S972)
Mar 14, 2025
A bill to amend the Energy Policy Act of 2005 to address measuring methane emissions. (Congressional Record 11 February 2025 [House] Pages H643-H645)
Mar 11, 2025
USFWS announce a 12-month finding on a petition to list the spinytail crayfish (Procambarus fitzpatricki) as an endangered or threatened species under the ESA. The spinytail crayfish is a small, burrowing freshwater crayfish endemic to southern Mississippi. After a thorough review of the best available scientific and commercial information, they find that listing the spinytail crayfish as an endangered or threatened species is not warranted at this time. However, they ask the public to submit to us at any time any new information relevant to the status of the spinytail crayfish or its habitat.. The finding in this document was made on March 11, 2025. POC is James Austin, Field Supervisor, Mississippi Ecological Services Field Office, 601-540-2576, james_austin@fws.gov. (Federal Register 11 March 2025 [Proposed Rule] Pages 11696-11698)
Mar 10, 2025
A bill to amend the Endangered Species Act of 1973 to exclude certain populations of the lake sturgeon from the authority of such Act. (Congressional Record 7 February 2025 [House] Pages H583-H585)
Mar 07, 2025
A bill to provide that the final rule of the United States Fish and Wildlife Service titled ``Endangered and Threatened Wildlife and Plants; Endangered Species Status With Critical Habitat for Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, and False Spike, and Threatened Species Status With Section 4(d) Rule and Critical Habitat for Texas Fawnsfoot`` shall have no force or effect. (Congressional Record 31 January 2025 [House] Pages H429-H433)
Mar 06, 2025
A bill to exempt hazardous fuel reduction activities from certain environmental requirements for a 10-year period. (Congressional Record 24 January 2025 [House] Pages H393-H395)
Feb 26, 2025
A bill to remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973 and to amend that Act to exclude the lesser prairie-chicken from the authority of that Act. (Congressional Record 21 January 2025 [House] Pages H256-H258)
A bill to exempt Federal actions related to energy and mineral activities on certain Federal lands from the requirements of the National Environmental Policy Act of 1969. (Congressional Record 23 January 2025 [House] Pages H383-H387)
A bill to remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973, to amend that Act to exclude the lesser prairie-chicken from the authority of that Act. (Congressional Record 21 January 2025 [Senate] Page S280)
Feb 04, 2025
A bill to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction. (Congressional Record 3 January 2025 [House] Pages H27-H36)
Jan 30, 2025
In accordance with the memorandum of January 20, 2025, from President Donald J. Trump, entitled "Regulatory Freeze Pending Review," this action temporarily delays until March 21, 2025, the effective date of the regulations listed in the table below. EPA has initially identified 4 regulations that meet the criteria in the memo and may identify additional regulations in subsequent notices. As of January 28, 2025, the effective date of the rules published at 89 FR 102568 (12/17/2024), 89 FR 95034 (11/29/2024), 89 FR 106357 (12/30/2024), and 89 FR 107012 (12/31/2024), are delayed to a new effective date of March 21, 2025. POC is William Nickerson, Director, Office of Regulatory Policy and Management, Office of Policy, Mail code 1804, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; (202) 566-0326; nickerson.william@epa.gov. (Federal Register 28 January 2025 [Rule] Pages 8254-8255)
Jan 21, 2025
EPA is proposing to promulgate new methods and update the tables of approved methods for the Clean Water Act. The Clean Water Act requires the EPA to promulgate test procedures for the analysis of pollutants. Promulgating new methods and updating the tables of approved methods increases the quality and consistency of data collected for the purposes of the Clean Water Act. In this rule, the EPA proposes to add new EPA methods for per- and polyfluoroalkyl substances (PFAS) and polychlorinated biphenyl (PCB) congeners, and add methods previously published by voluntary consensus bodies that industries and municipalities would use for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The EPA also proposes to withdraw the seven Aroclor (PCB mixtures) parametersComments must be received on or before 20 February 2025. POC is Adrian Hanley, Engineering and Analysis Division, Office of Water (4303T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001; telephone: 202-564-1564; email: hanley.adrian@epa.gov. (Federal Register 21 January 2025 [Proposed Rule] Pages 6967-7037)
USFWS proposes to list the big red sage (Salvia pentstemonoides), a plant species from central Texas, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the big red sage. 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 have determined that designating critical habitat for the big red sage is not prudent. This proposed rule does not mandate when a parameter must be monitored or establish a discharge limit. They will accept comments received or postmarked on or before 24 March 2025. POC is Karen Myers, Field Supervisor, USFWS, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, TX 78754; tele 512-937-7371. (Federal Register 21 January 2025 [Proposed Rule] Pages 7043-7056)
Jan 16, 2025
USFWS proposes to list the Clear Lake hitch (Lavinia exilicauda chi), a freshwater fish subspecies in the North American minnow family that is restricted to the Clear Lake watershed in Lake County, California, as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the Clear Lake hitch. After a review of the best available scientific and commercial information, they find that listing the Clear Lake hitch is warranted. Accordingly, they propose to list the Clear Lake hitch as a threatened species with protective regulations issued under section 4(d) of the Act ("4(d) rule"). If finalized this rule would add the Clear Lake hitch to the List of Endangered and Threatened Wildlife and extend the Act's protections to this subspecies. We will accept comments received or postmarked on or before 17 March 2025. POC is Michael Fris, Field Supervisor, USFWS, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. (Federal Register 16 January 2025 [Proposed Rule] Pages 4916-4941)
Jan 15, 2025
USFWS proposes to designate critical habitat for the San Francisco Bay-Delta distinct population segment (DPS) of the longfin smelt (Spirinchus thaleichthys), a fish species from the San Francisco Bay estuary in California, under the ESA. In total, approximately 91,630 acres (37,082 hectares) in California fall within the boundaries of the proposed critical habitat designation. They also announce the availability of an economic analysis of the proposed designation of critical habitat for the species. They will accept comments received or postmarked on or before 17 March 2025. POC is Donald Ratcliff, Field Supervisor, U.S. Fish and Wildlife Service, San Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall Suite 8-300, Sacramento, CA 95814; telephone 916-930-5603. (Federal Register 15 January 2025 [Proposed Rule] Pages 3765-3783)
USFWS proposes to revise the listing of the grizzly bear (Ursus arctos horribilis) in the lower-48 States under the ESA. After a review of the best scientific and commercial data available, they affirm that the currently listed grizzly bear population meets the requirements for consideration as a distinct population segment (DPS) under the Act and that the population remains likely to become an endangered species within the foreseeable future. USFWS propose to revise the listing by defining the boundaries of the contiguous U.S. grizzly bear DPS. The revised entity would include all geographic portions of the currently listed lower-48 entity that contain suitable habitat and where grizzly bears are currently found or are likely to be found in the future as populations recover. Clarifying that the listing does not include areas outside of the grizzly bear's historical range will assist as recovery proceeds. USFWS are also proposing to revise protective regulations for the grizzly bear issued under section 4(d) of the Act. They will accept comments received or postmarked on or before 17 March 2025. POC is Hilary Cooley, Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, #356 Corbin, University of Montana, Missoula, MT 59812; tel 406-243-4903. (Federal Register 15 January 2025 [Proposed Rule] Pages 4234-4276)
Jan 14, 2025
USFWS proposes to designate critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog (Rana boylii) under the ESA. In total, approximately 760,071 acres (307,590 hectares) in California fall within the boundaries of the proposed critical habitat designation. They also announce the availability of an economic analysis of the proposed designation of critical habitat for four DPSs. They will accept comments received or postmarked on or before 17 March 2025. POC is Michael Fris, Field Supervisor, USFWS, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. (Federal Register 14 January 2025 [Proposed Rule] Pages 3412-3470)
USFWS proposes to list the two subspecies of the West Indian manatee, the Florida manatee (Trichechus manatus latirostris) and the Antillean manatee (Trichechus manatus manatus), under the ESA. They have conducted status reviews for the two subspecies, and, as a result, they are proposing to list the Florida manatee as a threatened species with protective regulations under section 4(d) of the Act ("4(d) rule"), and the Antillean manatee as an endangered species, under the Act. These two listings would replace the current threatened species listing of the West Indian manatee (Trichechus manatus). This determination also serves as their 12-month findings on two petitions and as their completed 5-year review of the West Indian manatee. If finalized this rule as proposed would remove the West Indian manatee from the Federal List of Endangered and Threatened Wildlife (List), add the Florida manatee and Antillean manatee to the List, and extend the Act's protections to the Florida manatee and Antillean manatee. They will accept comments received or postmarked on or before 17 March 2025. POC is Gian Basili, Deputy State Supervisor, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; tele 904-731-3079. (Federal Register 14 January 2025 [Proposed Rule] Pages 3131-3160)
Jan 10, 2025
The USFWS proposes to add all species of freshwater mussels from two genera, Asian pond mussels (Sinanodonta species) and golden mussels (Limnoperna species), to the list of injurious mollusks. Additionally, the Service proposes to add marbled crayfish (Procambarus virginalis) to the list of injurious crustaceans. Listing these taxa as injurious will prohibit the importation of any live animal, larvae, viable egg, or hybrid of these taxa into the United States, except as specifically authorized. These listings would also prohibit shipment of any live animal, larvae, viable egg, or hybrid of these species between the continental United States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or possession of the United States, except as specifically authorized. The action is necessary to protect wildlife and wildlife resources by preventing the introduction and subsequent establishment of these foreign aquatic invertebrates into ecosystems of the United States. They will accept comments received or postmarked on or before 11 March 2025. POC is Kristen Sommers, Injurious Wildlife Listing Coordinator, U.S. Fish and Wildlife Service, Branch of Aquatic Invasive Species; MS: FAC; 5275 Leesburg Pike; Falls Church, VA 22041-3803; 571-329-2214. (Federal Register 10 January 2025 [Rule] Pages 1922-1936)
Jan 08, 2025
USFWS proposes to list the bleached sandhill skipper (Polites sabuleti sinemaculata), an insect subspecies from Humboldt County, Nevada, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the bleached sandhill skipper. After a review of the best available scientific and commercial information, they find that listing the subspecies is warranted. Accordingly, they propose to list the bleached sandhill skipper as an endangered species under the Act. If finalized this rule would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. They find that a designation of critical habitat for the bleached sandhill skipper is not determinable at this time. They will accept comments received or postmarked on or before 10 March 2025. POC is Justin Barrett, Deputy Field Supervisor, U.S. Fish and Wildlife Service, Reno Fish and Wildlife Field Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502-7147; tele 775-861-6300. (Federal Register 8 January 2025 [Proposed Rule] Pages 1421-1433).
Jan 07, 2025
USFWS propose to remove Ute ladies'-tresses (Spiranthes diluvialis) from the Federal List of Endangered and Threatened Plants. This determination also serves as their 12-month finding on a petition to delist Ute ladies'-tresses. After a review of the best available scientific and commercial information, they find that delisting the species is warranted. Their review indicates that the threats to Ute ladies'-tresses have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. Accordingly, they propose to delist Ute ladies'-tresses. If finalized this rule as proposed, the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, would no longer apply to Ute ladies'-tresses. They request information and comments from the public regarding this proposed rule and the draft post-delisting monitoring (PDM) plan for Ute ladies'-tresses. They will accept comments received or postmarked on or before 10 March 2025. POC is George Weekley, Field Office Supervisor, USFWS, Utah Ecological Services Field Office, 2369 West Orton Circle, Suite 50, West Valley City, UT 84119; tele 801-239-0561. (Federal Register 7 January 2025 [Proposed Rule] Pages 1054-1078)
Dec 20, 2024
USFWS proposes to list the Puerto Rican skink (Spondylurus nitidus), a skink species from Puerto Rico and Desecheo Island, and the Lesser Virgin Islands skink (S. semitaeniatus) and Virgin Islands bronze skink (S. sloanii), two skink species from the U.S. Virgin Islands and the British Virgin Islands, as endangered species. We propose to list the Culebra skink (S. culebrae), a skink species from Culebra Island and offshore cays of Puerto Rico, as a threatened species with protective regulations under the ESA. After a review of the best available scientific and commercial information, they find that listing these species is warranted. If we finalize this rule as proposed, we will add these species to the List of Endangered and Threatened Wildlife and extend the Act's protections to these species. They also propose to designate critical habitat for the Puerto Rican skink, Culebra skink, Lesser Virgin Islands skink, and Virgin Islands bronze skink under the Act. They will accept comments received or postmarked on or before 18 February 2025. POC is Lourdes Mena, Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, P.O. Box 491, Boquerón, PR 00622; tele 352-749-2462; email: lourdes_mena@fws.gov. (Federal Register 19 December 2024 [Proposed Rule] Pages 103938-103989)
Dec 19, 2024
USFWS proposes to list the Suckley's cuckoo bumble bee (Bombus suckleyi), an invertebrate species from North America, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the Suckley's cuckoo bumble bee. 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 species as an endangered species under the Act. If finalized this rule would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. Due to the current lack of data sufficient to perform required analyses, they conclude that the designation of critical habitat for the species is not determinable at this time. They will accept comments received or postmarked on or before 18 February 2025. POC is Mike Daigneault, Acting Field Supervisor, Southern Alaska Fish and Wildlife Field Office, 4700 BLM Road, Anchorage, AK 99507; tele 907-271-1467. (Federal Register 19 December 2024 [Proposed Rule] Pages 102074-102091)
Dec 16, 2024
USFWS propose to designate critical habitat for the rayed bean (Villosa fabalis), sheepnose (Plethobasus cyphyus), snuffbox (Epioblasma triquetra), and spectaclecase (Cumberlandia monodonta), all species of freshwater mussels, under the ESA. Specifically, they propose to designate approximately 560 river miles (rmi) (902 river kilometers (rkm)) in 15 units as critical habitat for rayed bean; approximately 801 rmi (1,289 rkm) in 11 units as critical habitat for sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units as critical habitat for snuffbox; and approximately 1,143 rmi (1,839 rkm) in 12 units as critical habitat for spectaclecase. Portions of these proposed designations overlap among the four species; in total, approximately 3,974 rmi (6,396 rkm) of unique critical habitat within 76 units across 17 States (Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin) fall within the boundaries of the proposed critical habitat designations. They also announce the availability of an economic analysis of the proposed designations of critical habitat for all four species. They will accept comments received or postmarked on or before 11 February 2025. For POC check Federal Register. (Federal Register 13 December 2024 [Proposed Rule] Pages 101100-101206)
USFWS propose to list the eastern hellbender (Cryptobranchus alleganiensis alleganiensis), a salamander subspecies from Alabama, Georgia, Illinois, Indiana, Kentucky, Maryland, Mississippi, Missouri, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the eastern hellbender. After a review of the best available scientific and commercial information, they find that listing the subspecies is warranted. If finalized this rule as proposed would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. They have determined that designation of critical habitat for the eastern hellbender is not prudent. They will accept comments received or postmarked on or before 11 February 2025. Erin Knoll, Field Supervisor, U.S. Fish and Wildlife Service, Ohio Ecological Services Field Office, 4625 Morse Road, Suite 104, Columbus, OH 43230; tele 614-528-9704. (Federal Register 13 December 2024 [Proposed Rule] Pages 100934-100948)
Dec 13, 2024
The Environmental Protection Agency (EPA) is proposing a narrow modification to its 2022 CGP to expand the list of areas eligible for coverage to include construction projects in Lands of Exclusive Federal Jurisdiction. This modification is necessary because the EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the CGP was issued on 17 February 2022, the permit did not specifically provide eligibility for all of these areas. The proposed modification would also clarify the CGP requirements that apply to projects that discharge to receiving waters within Lands of Exclusive Federal Jurisdiction. The EPA seeks comment only on the proposed permit revisions and the accompanying fact sheet. The fact sheet and proposed permit modification can be found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities. Comments on the proposed permit modification must be received on or before 13 January 2025. POC is Greg Schaner, EPA Headquarters, Office of Water, Office of Wastewater Management at (202) 564-0721 or by email at schaner.greg@epa.gov. (Federal Register 13 December 2024 [Proposed Rule] Pages 100929-100934)
EPA is proposing amendments to the Standards of Performance for new, modified, and reconstructed stationary combustion turbines and stationary gas turbines. These amendments are based on a review of available control technologies aimed at limiting emissions of criteria air pollutants. The review of the NSPS is mandated by the CAA. As part of this review, the EPA proposes to create size-based subcategories for new, modified, and reconstructed stationary combustion turbines. These subcategories will also recognize differences in turbines that operate at varying loads or capacity factors and those using natural gas or non-natural gas fuels. The EPA proposes that the BSER for limiting NOX emissions from these turbines is the use of combustion controls along with post-combustion SCR, with some limited exceptions. Based on this BSER and updates in technical information, the EPA aims to lower the NOX standards for most stationary combustion turbines in this source category. Finally, the Agency is proposing amendments to address specific technical and editorial issues to clarify existing regulations. Comments must be received on or before 13 March 2025. POC is John Ashley tele: (919) 541-1458; and email: ashley.john@epa.gov. (Federal Register 13 December 2024 [Proposed Rule] Pages 101306-101356)
Dec 12, 2024
USFWS propose to reclassify the rough popcornflower (Plagiobothrys hirtus) 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 within the foreseeable future. They also propose protective regulations under the authority of section 4(d) of the Act that are necessary and advisable to provide for the conservation of the rough popcornflower. They will accept comments received or postmarked on or before 10 February 2025. Kessina Lee, State Supervisor, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266; tele: (503) 231-6179. (Federal Register 11 December 2024 [Proposed Rule] Page 99809-99826)
USFWS proposes to list the monarch butterfly (Danaus plexippus), the iconic orange and black butterfly, as a threatened species and designate critical habitat under the ESA. They propose to list the monarch butterfly as a threatened species with protective regulations under section 4(d) of the Act (a "4(d) rule"). Finalizing this rule as proposed 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 monarch butterfly under the Act. In total, approximately 4,395 acres (1,778 hectares) in Alameda, Marin, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura Counties, California, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of an economic analysis of the proposed designation of critical habitat for the monarch butterfly. They also are notifying the public that we have scheduled two informational meetings followed by public hearings on the proposed rule. They will accept comments received or postmarked on or before 12 March 2025. POC is Barbara Hosler, Regional Listing Coordinator, U.S. Fish and Wildlife Service, Midwest Region Headquarters, 5600 American Blvd., Bloomington, MN 55437, telephone 517-580-0254, email: monarch@fws.gov. (Federal Register 12 December 2024 [Proposed Rule] Pages 100662-100716)
Dec 03, 2024
USFWS announced their 12-month finding on a petition to list the giraffe (including its subspecies) as endangered or threatened under the ESA. After a review of the best available scientific and commercial information, they find that the following listing actions are warranted: They propose to list all three subspecies of the northern giraffe (Giraffa camelopardalis)--the West African giraffe (Giraffa camelopardalis peralta), the Kordofan giraffe (Giraffa camelopardalis antiquorum), and the Nubian giraffe (Giraffa camelopardalis camelopardalis)--as endangered species under Act. They propose to list the reticulated giraffe (Giraffa reticulata) and the Masai giraffe (Giraffa tippelskirchi), as threatened species. If finalized this rule would add all giraffes to the List of Endangered and Threatened Wildlife, under the authority of the Act, and extend the Act's protections to these taxa. Comments on the proposals in this document will be accepted before 19 February 2025. POC is Rachel London tele 703-358-2171. (Federal Register 21 Nov 2024 [Proposed Rule] Pages 92524-92568).
USFWS proposes to list the Pecos pupfish (Cyprinodon pecosensis), a fish species from the Pecos River Basin of New Mexico and Texas, 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 Pecos pupfish. 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 Pecos pupfish as a threatened species with a rule issued under section 4(d) of the Act ("4(d) rule"). If finalized the Pecos pupfish would be added to the List of Endangered and Threatened Wildlife and the Act's protections would be extended to the species. They also announce the availability of an economic analysis of the proposed designation of critical habitat for Pecos pupfish. They will accept comments received or postmarked on or before 21 January 2025. POC is Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; tele 505-697-7606. (Federal Register 22 Nov 2024 [Proposed Rule] Pages 92744-92785).
Oct 23, 2024
NMFS announced the extension of the public comment period on our 25 July 2024 proposed rule to list 5 species of giant clams as endangered and 5 species of giant clams as threatened under the ESA and to issue protective regulations for the 5 proposed threatened species under section 4(d) of the ESA. As part of that proposed action, they solicited comments on the proposed rule, a draft environmental assessment (EA), and an initial regulatory flexibility analysis (IRFA) over a 90-day comment period, which was scheduled to close on 23 October 2024. Comments previously submitted do not need to be resubmitted, as they will be fully considered in the agency's proposed action. The comment period for the proposed rule published July 25, 2024 at 89 FR 60498, is extended. The deadline for receipt of comments is extended from 23 October 2024 to 19 February 2025. POC is John Rippe, NMFS Office of Protected Resources, 301-427-8467; John.Rippe@noaa.gov. (Federal Register 23 October 2024 [Proposed Rule] Pages 84510-84511)
Oct 08, 2024
EPA is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). EPA also addresses how PFAS categories should be treated. Separately, EPA discusses what events may trigger the automatic addition of a PFAS to the TRI pursuant to the NDAA. This discussion does not propose to list chemicals to TRI pursuant to the NDAA, but rather describes what EPA documents and activities involving PFAS would trigger an automatic addition under the NDAA. Comments must be received on or before 9 December 2024. POC is Rachel Dean, Data Gathering, Analysis, Management, and Policy Division, Mailcode 7406M, Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-1303; email: dean.rachel@epa.gov. (Federal Register 8 October 2024 [Proposed Rule] Pages 81776-81814)
Oct 01, 2024
USFWS propose to list the Bethany Beach firefly (Photuris bethaniensis), a firefly species from Delaware, Maryland, and Virginia, as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the Bethany Beach firefly. After a review of the best available scientific and commercial information, they find that listing the species is warranted. They also propose protective regulations issued under section 4(d) of the Act to provide for the conservation of the Bethany Beach firefly. If finalized this rule as proposed 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 2 December 2024. POC is Genevieve LaRouche, Field Office Supervisor, USFWS, Chesapeake Bay Ecological Services Field Office, 177 Admiral Cochrane Drive, Annapolis, MD 21401; tele 202-341-5882. (Federal Register 1 October 2024 [Proposed Rule] Pages 79857-79880)
Sep 24, 2024
Sep 17, 2024
USFWS proposes to list the Kentucky creekshell (Leaunio ortmanni [=Villosa ortmanni]), a freshwater mussel species from Kentucky and Tennessee, 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 Kentucky creekshell. 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 Kentucky creekshell as an endangered species under the ESA. Finalizing this rule as proposed 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 Kentucky creekshell under the Act. In total, approximately 545 river miles (877 river kilometers) in Kentucky and Tennessee fall within the boundaries of the proposed critical habitat designation. They also announce the availability of an economic analysis of the proposed designation of critical habitat for the Kentucky creekshell. They will accept comments received or postmarked on or before 18 November 2024. POC is Lee Andrews, Field Supervisor, USFWS, Ecological Services Kentucky Field Office, 330 West Broadway, Room 265, Frankfort, KY 40601; tele 502-653-0571. (Federal Register 17 September 2024 [Proposed Rule] Pages 76196-76233)
Sep 16, 2024
EPA is undertaking this rulemaking to assess the eligibility of six applications to receive priority access to allowances allocated pursuant to the American Innovation and Manufacturing Act of 2020. This rulemaking proposes the framework for how EPA will assess whether to renew the eligibility of applications to receive application-specific allowances; decisions to renew or not renew each of the six applications that currently receive application-specific allowances; revisions to the Technology Transitions regulations as relevant to the specific applications under review; a procedural process for submitting a petition to designate a new application as eligible for priority access to allowances; narrow revisions to the methodology used to allocate allowances to application-specific allowance holders for calendar years 2026 and beyond; and limited revisions to existing regulations. EPA is also proposing to authorize an entity to produce regulated substances for export. Lastly, EPA is proposing certain confidentiality determinations for newly reported information if this rulemaking is finalized as proposed. Comments must be received on or before 31 October 2024. POC is Michelle Graff, EPA, Stratospheric Protection Division, tele: 202-564-5387; or email: graff.michelle@epa.gov. (Federal Register 16 September 2024 [Proposed Rule] Pages 75898-75943).
Sep 10, 2024
USFWS proposes to list the Black Creek crayfish (Procambarus pictus), a crayfish species from Florida, as an endangered species under ESA. They also propose to designate critical habitat for the Black Creek crayfish under the Act. In total, approximately 1,056 kilometers (656 miles) of streams in Clay, Duval, Putnam, and St. Johns Counties, Florida, fall within the boundaries of the proposed critical habitat designation. If finalized this rule would extend the Act's protections to this species and its designated critical habitat. They also announce the availability of an economic analysis of the proposed critical habitat designation for the Black Creek crayfish. They will accept comments received or postmarked on or before 12 November 2024. POC is Gian Basili, Deputy State Supervisor, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; tele 904-731-3079. (Federal Register 10 August 2024 [Proposed Rule] Pages 73512-73554)
USFWS proposes to list the Alabama hickorynut (Obovaria unicolor) as an endangered species and the undescribed Obovaria cf. unicolor as a threatened species under the ESA. Both species are freshwater mussels. This document also serves as their 12-month finding on a petition to list the Alabama hickorynut. For Obovaria cf. unicolor, they also propose a rule issued under section 4(d) of the Act to provide for the conservation of the species. If this rule as proposed is finalized it would apply the protections of the Act to these species. They find that designation of critical habitat for both the Alabama hickorynut and Obovaria cf. unicolor is prudent but not determinable at this time. They will accept comments received or postmarked on or before 12 November 2024. Bill Pearson, Field Supervisor, USFWS, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; tele 251-441-5870. (Federal Register 10 September 2024 [Proposed Rule] Pages 73330-73349).
Sep 05, 2024
USFWS are reopening the public comment period on their 20 December 2023, proposed rule to list the West Virginia spring salamander (Gyrinophilus subterraneus), an amphibian species from Greenbrier County, West Virginia, as an endangered species and to designate critical habitat under the Act. They are taking this action to allow all interested parties an additional opportunity to comment on the proposed listing of the species and the proposed critical habitat. The comment period on the proposed rule that published 20 December 2023, at 88 FR 88012, is reopened. They will accept comments received or postmarked on or before 20 September 2024. (Federal Register 5 September 2024 [Proposed Rule] Pages 72362-72363)
Aug 28, 2024
This action proposes revisions, updates, and corrections to EPA's streamlined fuel quality regulations. This action does not propose to change the stringency of the existing fuel quality standards. Comments must be received on or before 15 October 2024. (Federal Register 28 August 2024 [Proposed Rule] Pages 70046-70093) POC is Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734-214-4479; email:parsons.nick@epa.gov.
Aug 14, 2024
USFWS proposes to list the Santa Ana speckled dace (Rhinichthys gabrielino), a fish species native to California, as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the Santa Ana speckled dace. 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 Santa Ana speckled dace as a threatened species with protective regulations issued under section 4(d) of the Act ("4(d) rule"). If finalized, this rule as proposed would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. Due to the current lack of data sufficient to perform required analyses, they conclude that the designation of critical habitat for the species is not determinable at this time. We will accept comments received or postmarked on or before 15 October 2024. POC is Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, USFWS, 2177 Salk Avenue, Carlsbad CA 92008; tele 760-431-9440. (Federal Register 13 August 2024 [Proposed Rule] Pages 65816-65835)
Aug 13, 2024
USFWS proposes to list the Cedar Key mole skink (Plestiodon egregius insularis), a lizard subspecies from the Cedar Keys, Florida, as an endangered species under the ESA. After a review of the best available scientific and commercial information, they find that listing this subspecies is warranted. They also propose to designate critical habitat for the Cedar Key mole skink under the Act. In total, approximately 2,713 acres (1,098 hectares) in Levy County, Cedar Keys, Florida, fall within the boundaries of the proposed critical habitat designation. In addition, they announce the availability of an economic analysis of the proposed designation of critical habitat for the Cedar Key mole skink. If finalized, this rule as proposed would extend the Act's protections to this subspecies and its designated critical habitat. They will accept comments received or postmarked on or before 7 October 2024. POC is Lourdes Mena, email: lourdes_mena@fws.gov; tele: 352-749-2462. (Federal Register 8 August 2024 [Proposed Rule] Pages 65124-65160)
USFWS proposes to list the Long Valley speckled dace (Rhinichthys nevadensis caldera), a fish native to California, as an endangered species under the ESA. This determination also serves as our 12-month finding on a petition to list the Long Valley speckled dace. After a review of the best available scientific and commercial information, they find that listing the subspecies is warranted. Accordingly, they propose to list the Long Valley speckled dace as an endangered species under the Act. If finalize, this rule as proposed would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. Designation of critical habitat for the Long Valley speckled dace is not determinable at this time. They will accept comments received or postmarked on or before 7 October 2024. POC is Justin Barrett, Deputy Field Supervisor, Reno Fish and Wildlife Office, USFWS, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; tele 775-861-6338. (Federal Register 8 August 2024 [Proposed Rule] Pages 64852-64865)
Aug 12, 2024
USFWS proposes to list the eastern regal fritillary (Argynnis idalia idalia) as an endangered species and to list the western regal fritillary (A. i. occidentalis) as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the regal fritillary, as these two subspecies make up the entire species. After a review of the best available scientific and commercial information, they find that listing both subspecies is warranted. Accordingly, they propose to list the eastern subspecies as endangered and the western subspecies as threatened with protective regulations issued under section 4(d) of the Act (a "4(d) rule"). They find that designation of critical habitat for both subspecies is not determinable at this time. They will accept comments received or postmarked on or before 7 October 2024. POC is listed in the Federal Register. (Federal Register 6 August 2024 [Proposed Rule] Pages 63888-63909)
Jul 31, 2024
USFWS proposes to remove the northeastern bulrush (Scirpus ancistrochaetus) from the Federal List of Endangered and Threatened Plants. After a review of the best available scientific and commercial information, they find that delisting the species is warranted. Their review indicates that the threats to the northeastern bulrush have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under ESA. Accordingly, they propose to delist the northeastern bulrush. If finalized, the prohibitions and conservation measures provided by the Act, particularly through Sections 7 and 9 would no longer apply to the northeastern bulrush. They will accept comments received or postmarked on or before 30 September 2024. POC is Audrey Mayer, Field Supervisor, New England Ecological Services Field Office, 70 Commercial Street, Suite 300, Concord, NH 03301; tele 603-223-2541. (Federal Register 31 July 2024 [Proposed Rule] Pages 61387-61396)
Jul 25, 2024
NMFS, have completed a comprehensive status review of seven species of giant clams (Hippopus hippopus, H. porcellanus, Tridacna derasa, T. gigas, T. mbalavuana, T. squamosa, and T. squamosina) in response to a petition to list these species as threatened or endangered under ESA. Based on the best scientific and commercial data available, including the Status Review Report, and after taking into account efforts being made to protect these species, they have determined that H. porcellanus, T. mbalavuana, and T. squamosina are in danger of extinction throughout the entirety of their respective ranges, T. derasa and T. gigas are in danger of extinction in a significant portion of their respective ranges, and H. hippopus is likely to become an endangered species within the foreseeable future throughout a significant portion of its range. Therefore, they propose to list H. porcellanus, T. mbalavuana, T. squamosina, T. derasa, and T. gigas as endangered species and H. hippopus as a threatened species under the ESA. They have determined that the fluted clam, T. squamosa, does not meet the definition of a threatened or an endangered species under section 4(a) of the ESA. Comments must be received by 23 October 2024. POC is John Rippe, NMFS Office of Protected Resources john.rippe@noaa.gov. (Federal Register 25 July 2024 [Rule] Pages 60498-60547)
Jul 10, 2024
USFWS proposes to designate critical habitat for the Barrens topminnow (Fundulus julisia) under the ESA. In total, approximately 1.5 acres (0.6 hectares) of spring pool and 11.4 miles (18.3 kilometers) of spring run in Cannon, Coffee, Dekalb, Franklin, Grundy, and Warren Counties, Tennessee, fall within the boundaries of the proposed critical habitat designation. They also announce the availability of an economic analysis of the proposed designation of critical habitat for the Barrens topminnow. They will accept comments received or postmarked on or before 9 September 2024. Daniel Elbert, Field Supervisor, USFWS, Tennessee Ecological Services Office, 446 Neal Street, Cookeville, TN 38501; tele 931-528-6481. (Federal Register 9 July 2024 [Proposed Rule] Pages 56253-56275)
Jul 02, 2024
USFWS proposes to remove the white sedge (Carex albida) from the Federal List of Endangered and Threatened Plants (i.e., "delist" the species). Their review of the best available scientific and commercial data indicate that the white sedge is not a discrete taxonomic entity and does not meet the definition of a species as defined by the ESA. White sedge has been synonymized with Lemmon's sedge (Carex lemmonii). This taxonomic revision means that the white sedge is no longer a scientifically accepted species. If finalized, this rule as proposed, would remove the prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, for the white sedge. They will accept comments received or postmarked on or before 3 September 2024. POC is Michael Fris, Field Supervisor, USFWS, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 95825; tele 916-414-6700. (Federal Register 2 July 2024 [Proposed Rule] Pages 54758-54761)
May 30, 2024
USFWS proposes to designate critical habitat for the Dixie Valley toad (Anaxyrus williamsi) under the ESA. In total, approximately 930 acres (376 hectares) in Churchill County, Nevada, fall within the boundaries of the proposed critical habitat designation. If finalize this rule 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 Dixie Valley toad. They will accept comments received or postmarked on or before 29 July 2024. POC is Jodie Mamuscia, Field Supervisor, U.S. Fish and Wildlife Service, Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502; tele 775-861-6300. (Federal Register 30 May 2024 [Proposed Rule] Pages 46838-46852)
EPA is proposing a regulatory framework for states and public water systems (PWSs) to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. The proposed regulations would: establish a new mandatory restructuring assessment authority for states; require states with primary enforcement authority (primacy) to develop mandatory restructuring assessment programs and submit primacy revisions for EPA review and approval; establish requirements for states and PWSs that implement system-specific mandatory restructuring assessments; and establish eligibility requirements and limitations for restructuring incentives under state-approved restructuring plans. This proposed rulemaking is required under amendments to the Safe Drinking Water Act (SDWA). By taking this action, the EPA intends to strengthen the ongoing efforts of states and PWSs to protect public health. Comments must be received on or before 29 July 2024. POC is Will Bowman, Drinking Water Capacity & Compliance Assistance Division, Office of Ground Water and Drinking Water (MC-4606M) Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-3782; email: bowman.will@epa.gov. (Federal Register 30 May 2024 [Proposed Rule] Pages 46998-47026)
May 21, 2024
NMFS, are proposing to issue protective regulations under section 4(d) of the ESA for the conservation of the threatened oceanic whitetip shark (Carcharhinus longimanus). The proposed regulations would apply all of the prohibitions listed under ESA sections 9(a)(1)(A) through 9(a)(1)(G) for the species, with limited exceptions for scientific research and law enforcement activities that contribute to the conservation of the species. In addition, they are announcing the availability of a draft environmental assessment (EA) that analyzes the environmental impacts of promulgating these regulations. Finally, they solicit comments from the public and all interested parties regarding this proposed rule and the draft EA. Comments on this proposed rule must be received by 15 July 2024. POC is Adrienne Lohe, NMFS Office of Protected Resources, 301-427-8442. (Federal Register 14 May 2024 [Rule] Pages 41917-41924)
Apr 02, 2024
USFWS proposes to remove the Roanoke logperch (Percina rex) from the Federal List of Endangered and Threatened Wildlife due to recovery. The species is currently listed as endangered. Their review of the best available scientific and commercial data indicates that the threats to the Roanoke logperch have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or a threatened species under the ESA. Populations of Roanoke logperch are shown to be stable or expanding and reproducing (as evidenced by sustained recruitment) since the time of listing in each of the following river systems: Upper Roanoke River, Pigg River, Smith River, and Nottoway River. The number of streams where the Roanoke logperch has been observed has increased from 14 streams from the time of listing in 1989 to 31 streams in 2019. Accordingly, they propose to delist the Roanoke logperch throughout all of its range, which is in Virginia and North Carolina. If finalized this rule as proposed, the prohibitions and conservation measures provided by the Act, would no longer apply to the Roanoke logperch. We will accept comments received or postmarked on or before 3 June 2024. POC is Cindy Schulz, Field Supervisor, USFWS, Virginia Ecological Services Field Office, 6669 Short Lane, Gloucester, VA 23061; tele 804-654-1842. (Federal Register 2 April 2024 [Proposed Rule] Pages 22649-22662)
Mar 26, 2024
USFWS propose to list the pygmy three-toed sloth (Bradypus pygmaeus; hereafter "pygmy sloth"), an arboreal mammal species from Panama, as a threatened species under the ESA. This determination also serves as their 12-month finding on a petition to list the pygmy sloth. 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 pygmy sloth 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 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 28 May 2024. POC is Rachel London, Manager, 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 26 March 2024 [Proposed Rule] Pages 20928-20939)
Mar 20, 2024
EPA proposes to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives. This allowance or "variance" to the prohibition on the open burning of hazardous waste was established at a time when there were no alternatives for the safe treatment of waste explosives. However, recent findings from the National Academy of Sciences, Engineering, and Medicine (NASEM) and the EPA have identified safe alternatives which are potentially applicable to treat some energetic/explosive waste streams. Because there may be safe alternatives available and in use today that capture and treat emissions prior to release, regulations would be revised to describe specified procedures for the existing requirements to evaluate and implement alternative treatment technologies. These proposed revisions would reduce OB/OD of waste explosives and increase control of air emissions through improved implementation of existing requirements that facilities must evaluate and use safe and available alternative technologies in lieu of OB/OD. Comments must be received on or before 20 May 2024. POC is Sasha Lucas-Gerhard (email: gerhard.sasha@epa.gov, phone: (202) 566–0346). (Federal Register 20 March 2024 [Proposed Rule] Pages 19952-20030).
USFWS propose to list the bushy whitlow-wort (Paronychia congesta), a perennial herbaceous plant species from northwestern Jim Hogg County in south Texas, as an endangered species under the ESA. This determination also serves as their 12-month finding on a petition to list the bushy whitlow-wort. After a review of the best available scientific and commercial information, they find that listing the species is warranted. They also propose to designate critical habitat for the bushy whitlow-wort under the Act. In total, approximately 41.96 acres (16.98 hectares) in Jim Hogg County, Texas, fall within the boundaries of the proposed critical habitat designation. They announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for bushy whitlow-wort. If they finalize this rule as proposed, it would extend the Act's protections to the species and its designated critical habitat. They will accept comments received or postmarked on or before 20 May 2024. POC is Chuck Ardizzone, Field Supervisor, Texas Coastal Ecological Services Field Office, 17629 El Camino Real, Suite 211, Houston, TX 77058; tele 281–286–8282. (Federal Register 19 March 2024 [Proposed Rule] Pages 19526-19546)
Mar 15, 2024
The U.S. Fish and Wildlife Service (Service) is designating critical habitat for 12 federally endangered species on the island of Hawai`i under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 119,326 acres (48,289 hectares) on the island of Hawai`i, in the State of Hawaii, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to these species' designated critical habitats. The rule is effective 11 April 2024. POC is Earl Campbell, Project Leader, USFWS, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard Room 3-122 Honolulu, HI; tele: 808-792-9400. (Federal Register 12 March [Rule] Pages 17902-17981)
EPA is proposing to amend the Standards and Practices for All Appropriate Inquiries to reference a standard practice recently made available by ASTM International, a widely recognized standards development organization. Specifically, EPA is proposing to amend the All Appropriate Inquiries Rule to reference ASTM International's E2247–23 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property" and allow for its use to satisfy the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation, and Liability Act. EPA is additionally proposing to remove after one year, from the All Appropriate Inquiries Rule, recognition of the previous version of that standard, ASTM E2247–16, as compliant with the All Appropriate Inquiries Rule. Written comments must be received by 11 April 2024. POC is Patricia Overmeyer, Office of Brownfields and Land Revitalizations (5105T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC; tele: 202-566-2774; email: overmeyer.patricia@epa.gov. (Federal Register 12 March 2024 [Proposed Rule] Pages 17804-17808)
Feb 09, 2024
USFWS announced a finding on the gray wolf (Canis lupus) in the Northern Rocky Mountains (NRM) and in the Western United States. After a thorough review of the best available scientific and commercial data, they find that gray wolves within the NRM area do not, on their own, represent a valid listable entity; therefore, the NRM is not warranted for listing under the ESA. They find that the gray wolf in the Western United States is a valid listable entity; however, the gray wolf in the Western United States does not meet the definition of an endangered species or a threatened species. Thus, they find that listing the gray wolf in the Western United States is not warranted at this time. The finding in this document was made on 7 February 2024. POC is Marjorie Nelson, Acting Assistant Regional Director, Ecological Services Mountain-Prairie Region, 720–582–3524, marjorie_nelson@fws.gov. (Federal Register 7 February 2024 [Proposed Rule] Pages 8391-8395)
Jan 31, 2024
The EPA is proposing amendments to the new source performance standards (NSPS) and emission guidelines (EG) for large municipal waste combustion (MWC) units. These proposed amendments reflect the results from a reevaluation of the maximum achievable control technology (MACT) floor levels, a 5-year review, and the removal of startup, shutdown and malfunction exclusions and exceptions. These proposed amendments also streamline regulatory language, revise recordkeeping and electronic notification and reporting requirements, re-establish new and existing source applicability dates, clarify requirements for certain air curtain incinerators, close a 2007 proposed reconsideration action, correct certain typographical errors, make certain technical corrections, and clarify certain provisions in the NSPS and EG. These proposed amendments would revise all emission limits in the EG, except for carbon monoxide (CO) limits for two subcategories of combustors, and all nine emission limits in the NSPS.. Comments must be received on or before 25 March 2024. POC is Charlene E. Spells, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, P.O. Box 12055, North Carolina 27711; tele: (919) 541–5255; email:spells.charlene@epa.gov. (Federal Register 23 January 2024 [Proposed Rule] pages 4243-4268)
Nov 30, 2023
USFWS announce findings that seven species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Edison's ascyrum (Hypericum edisonianum), Florida (lowland) loosestrife (Lythrum flagellare), Florida pinesnake (Pituophis melanoleucus mugitu), mimic cavesnail (Phreatodrobia imitata), northern cavefish (Amblyopsis spelaea), smallscale darter (Etheostoma microlepidum), and Texas troglobitic water slater (Lirceolus smithii). However, we ask the public to submit to us 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 November 2023. See Federal Register for listed species POCs. (Federal Register 29 November 2023 [Proposed Rule] Pages 83368-83377)
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 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 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.
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
Mar 21, 2025
The EPA is promulgating this final rule to extend the reporting deadline under the Greenhouse Gas Reporting Rule for reporting year 2024 data from March 31, 2025, to May 30, 2025. This rule only changes the reporting deadline for annual greenhouse gas (GHG) reports for reporting year 2024. This rule does not change the reporting deadline for future years, and it does not change the requirements for what regulated entities must report. This rule is effective 20 March 2025. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Protection (MC-6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 343-9548; email address: GHGReporting@epa.gov. (Federal Register 20 March 2025 [Rule] Pages 13085-13089).
Mar 14, 2025
EPA is extending the Renewable Fuel Standard (RFS) compliance reporting deadline for the 2024 compliance year. EPA is also making several minor amendments and technical corrections to other RFS provisions. This rule is effective on 13 March 2025. For operational purposes under the Clean Air Act (CAA), this final rule is effective as of 7 March 2025.POC is For questions regarding this action, contact Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: (734) 214-4479; email: RFS-Rulemakings@epa.gov. (Federal Register 14 March 2025 [Rule] Pages 12109-12114)
Mar 11, 2025
In response to an order by the United States District Court for the District of Columbia USFWS are opening a public comment period related to a specific issue regarding the listing determination under the ESA for the northern distinct population segment (DPS) of the southern subspecies of the scarlet macaw (Ara macao macao). USFWS seek comments on the explanation presented in this document regarding why USFWS did not conduct an analysis under section 4(e) of the Act pertaining to the DPS. USFWS will accept comments received or postmarked on or before 10 April 2025. POC is Rachel London, Manager, 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 11 March 2025 [Rule] Pages 11674-11678)
Feb 26, 2025
The CEQ is issuing this interim final rule to remove the existing implementing regulations for the National Environmental Policy Act, in response to E.O. 14154, Unleashing American Energy. Among other things, E.O. 14154 rescinds E.O. 11991, Relating to Protection and Enhancement of Environmental Quality, which amended E.O. 11514, Protection and Enhancement of Environmental Quality, and directed CEQ to promulgate regulations for implementing NEPA and required Federal agencies to comply with those regulations. E.O. 14154 also directs CEQ to issue guidance on implementing NEPA and to propose rescinding the NEPA implementing regulations. This interim final rule carries out President Trump's latter instruction. See Section II.A. As explained in Section II.B of this rule, CEQ has also concluded that it may lack authority to issue binding rules on agencies in the absence of the now-rescinded E.O. 11191. CEQ cited E.O. 11991 as authority in 1978 when it first issued its NEPA regulations. However, that Executive Order has now been rescinded, and CEQ therefore has determined that it is appropriate to remove its regulations from the Code of Federal Regulations. This interim rule is effective 11 April 2025. Comments are due by 27 March 2025. POC is Megan Healy, Principal Deputy Director for NEPA, 202-395-5750, Megan.E.Healy@ceq.eop.gov. (Federal Register 25 March 2025 [Rule] Pages 10610-10616)
Feb 18, 2025
In accordance with the memorandum of 20 January 2025, from the Administration, entitled "Regulatory Freeze Pending Review," published in the Federal Register on 28 January 2025, this action delays the effective date of the final rule NMFS published in the Federal Register on 17 December 2024, regarding the reclassification of the pillar coral (Dendrogyra cylindrus) on the Federal List of Threatened and Endangered Species. As of 18 February 2025, the effective date of the final rule amending 50 CFR parts 223 and 224, that published on 17 December 2024, at 89 FR 101993, is delayed until 21 March 2025. POC is Lisa Manning, NMFS, Office of Protected Resources, 301-427-8466, lisa.manning@noaa.gov. (Federal Register 18 February 2025 [Rule] Pages 9691-9692)
Feb 05, 2025
In accordance with the memorandum of January 20, 2025, from President Donald J. Trump, entitled "Regulatory Freeze Pending Review," this action temporarily delays until March 21, 2025, the effective date of the regulations listed in the table below. EPA has identified two additional regulations that meet the criteria in the memo and may identify additional regulations in subsequent notices. As of February 5, 2025, the effective dates of the rules published at 89 FR 99727 (December 11, 2024), and 90 FR 573 (January 6, 2025), are delayed to March 21, 2025. POC is William Nickerson, Director, Office of Regulatory Policy and Management, Office of Policy, Mail code 1804, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW, Washington, DC 20460; (202) 566-0326; nickerson.william@epa.gov. (Federal Register 5 February 2025 [Final Rule] Page 9010)
Jan 21, 2025
EPA is finalizing amendments to the National Volatile Organic Compound Emission Standards for Aerosol Coatings. This action revises national emission standards for the aerosol coatings (aerosol spray paints) category under the Clean Air Act (CAA), which requires control of volatile organic compound (VOC) emissions from certain categories of consumer and commercial products for purposes of reducing VOC emissions contributing to ozone formation and ozone nonattainment. The regulation employs a relative reactivity-based approach to control aerosol coating products' contribution to ozone formation by encouraging the use of less reactive VOC ingredients in formulations. In this final rule, the EPA is updating coating category product-weighted reactivity (PWR) limits, adding new compounds and reactivity factors, updating existing reactivity factors, revising the rule's default reactivity factor, and amending thresholds for VOC regulated by the rule. The effective date of this final rule is 17 January 2025. POC is Kaye Whitfield, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division; tele: (919) 541-2509; email: whitfield.kaye@epa.gov. (Federal Register 17 January 2025 [Rule] Pages 5697-5718)
Jan 10, 2025
The USFWS is affirming as final the 2016 interim rule that added all species of salamanders from 20 genera to the list of injurious amphibians. Under the injurious wildlife prohibitions of the Lacey Act, this final rule prohibits the importation into the United States and shipment between the continental United States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or possession of the United States of any live or dead specimen, including hybrids and parts, of those 20 genera of salamanders, except by permit for certain purposes or by Federal agencies solely for their own use. USFWS takes these actions to protect U.S. ecosystems from the introduction, establishment, and spread of the lethal chytrid fungus Batrachochytrium salamandrivorans, which infects and is carried by salamanders, and which is not yet known to be found in the United States. This final rule affirming the 13 January 2016, interim rule and the interim rule set forth in this document are effective 25 January 2025. POC is Kristen Sommers, Injurious Wildlife Listing Coordinator, U.S. Fish and Wildlife Service, Branch of Aquatic Invasive Species; MS: FAC; 5275 Leesburg Pike; Falls Church, VA 22041-3803; 571-329-2214. (Federal Register 10 January 2025 [Rule] Pages 2170-2221)
Jan 07, 2025
This action finalizes the Clean Air Act (CAA) technology review (TR) conducted for the commercial and industrial dry cleaning facilities using perchloroethylene (PCE) as the cleaning solvent (PCE Dry Cleaning) source categories regulated under National Emission Standards for Hazardous air Pollutants (NESHAP). This final rule does not finalize the changes made at proposal and makes no amendments to the current NESHAP given the recently finalized action under the Toxic Substance Control Act (TSCA) which has instituted a 10-year phaseout of the use of PCE for dry cleaning. This action is effective on 7 January 2024. POC is Reginald Goodwin, Mail Drop: D243-04, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; tele: (919) 541-5313; and email: goodwin.reginald@epa.gov. (Federal Register 7 January 2025 [Rule] Pages 1041-1048)
Jan 06, 2025
EPA is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on 20 December 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 5 February 2025. POC is Daniel R. Ruedy, Data Gathering, Management and Policy Division (7607M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-7974; email: ruedy.daniel@epa.gov. (Federal Register 6 January 2024 [Rule] Pages 573-577)
Jan 03, 2025
USFWS are revising current regulatory authorizations and adding new regulatory authorizations for possession of migratory birds and eagles and for other purposes. These regulatory revisions will allow them to authorize the general public, educators, and government agency employees to possess migratory birds and eagles in certain specific situations and still meet their obligations to protect migratory birds and eagles under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. They also are changing the Airborne Hunting Act regulations to clarify what Federal authorizations may be used to comply with that statute. This final rule is effective 31 December 2024. POC is Jerome Ford, Assistant Director-Migratory Birds Program, USFWS, tele: 703-358-2606, email:MB_mail@fws.gov. (Federal Register 31 December 2024 [Rule] Pages 107026-107043)
Jan 02, 2025
EPA has decided not to proceed with the development of a regulation addressing the manufacture, processing, or distribution in commerce of lead for wheel-balancing weights ("lead wheel weights") under the Toxic Substances Control Act (TSCA). This action relates to a citizen petition filed with the Agency in 2009 ("2009 petition"). The 2009 petition, which EPA granted, asked EPA to initiate a rulemaking proceeding to regulate the manufacturing, processing, or distribution in commerce of lead wheel weights. In 2023, the same parties filed a petition for a writ of mandamus ("mandamus petition") that sought to compel EPA to initiate the rulemaking proceeding requested in the 2009 petition. After reviewing the information submitted in response to an advance notice of proposed rulemaking (ANPRM) issued in April 2024 and EPA's technical analysis thereof, EPA has decided not to proceed with the development of a proposed rule. This decision is effective 23 December 2024. POC is Sean Duenser, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telep: (202) 343-9157; email: duenser.sean@epa.gov. (Federal Register 23 December 2024 [Rule] Pages 104486-104493)
Based on the EPA's review of the air quality criteria for ecological effects and secondary national ambient air quality standards (NAAQS) for oxides of nitrogen (N oxides), oxides of sulfur (SOX), and particulate matter (PM), the EPA is revising the existing secondary sulfur dioxide (SO2) standard to an annual average, averaged over three consecutive years, with a level of 10 parts per billion (ppb). Additionally, the Agency is retaining the existing secondary standards for N oxides and PM, without revision. The EPA is also finalizing revisions to the data handling requirements for the secondary SO2 NAAQS. This final rule is effective on 27 January 2025. POC is Ms. Ginger Tennant, EPA, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards (mail code C539-04), Research Triangle Park, NC 27711; tele: (919) 541-4072; email: tennant.ginger@epa.gov. (Federal Register 27 December 2024 [Rule] Pages 105692-105788)
Dec 20, 2024
EPA is finalizing a rule to address the unreasonable risk of injury to health presented by carbon tetrachloride (CTC) under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will establish workplace safety requirements for most conditions of use, including the condition of use related to the making of low Global Warming Potential (GWP) hydrofluoroolefins (HFOs); prohibit the manufacture (including import), processing, distribution in commerce, and industrial/commercial use of CTC for conditions of use where information indicates use of CTC has ceased; and establish recordkeeping and downstream notification requirements. This final rule is effective on 17 January 2025. POC is Emilia Echeveste Briseño, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0543; email: CarbonTetrachlorideTSCA@epa.gov. (Federal Register 18 December 2024 [Rule] Pages 103512-103558)
EPA is finalizing a rule to address the unreasonable risk of injury to health presented by perchloroethylene (PCE) under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, among other things, prevent serious illness associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period where the industrial and commercial use of the chemical is being prohibited. This final rule is effective on 17 January 2025.POC is Kelly Summers, Existing Chemicals Risk Management Division (7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-2201; email address: pce.tsca@epa.gov. (Federal Register 18 December 2024 [Rule] Pages 103560-103616)
Dec 19, 2024
Reclassification of Pillar Coral (Dendrogyra cylindrus) From Threatened to Endangered (Final) (finalregs naturalresources nmfs esa dendrogyracylindrus endangered) NMFS is changing the status of pillar coral (Dendrogyra cylindrus) from threatened to endangered on the Federal List of Threatened and Endangered Species. We have considered the 5-year review of the status of D. cylindrus, expert reviewer comments, and public comments submitted on the proposed rule. Based on this information, we have determined that D. cylindrus is in danger of extinction throughout all or a significant portion of its range. Thus, they are changing the status of D. cylindrus from threatened to endangered under the ESA. This final rule is effective on 18 February 2025. POC is Alison Moulding, 727-551-5607, alison.moulding@noaa.gov. (Federal Register 17 December 2024 [Rule] Pages 101993-102000)
EPA is finalizing a rule to address the unreasonable risk of injury to health presented by trichloroethylene (TCE) under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, among other things, prevent serious illness associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period with interim worker protections in place where an industrial and commercial use of the chemical is being prohibited, and provide time-limited exemptions for critical or essential uses of TCE for which no technically and economically feasible safer alternatives are available. This final rule is effective on 16 January 2025. POC is Gabriela Rossner, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 565-2426; email: TCE.TSCA@epa.gov. (Federal Register 17 December 2024 [Rule] Pages 102568-102635)
Dec 18, 2024
The Environmental Protection Agency (EPA) is making corrections to a final rule that appeared in the Federal Register of 12 November 2024, that finalized several revisions to EPA's lead-based paint (LBP) regulations. Subsequent to publication, the Office of the Federal Register (OFR) informed the Agency that there were errors in the amendatory instructions that describe specific revisions for two sections of the regulation. The corrections to the amendatory instructions will allow for the proper revisions to be incorporated into the Code of Federal Regulations (CFR). This final rule correction is effective 13 January 2025. POC is Claire Brisse, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-9004; email: brisse.claire@epa.gov. (Federal Register 16 December 2024 [Rule] Pages 101489-101490)
Dec 17, 2024
The Environmental Protection Agency (EPA) is making corrections to a final rule that appeared in the Federal Register of 12 November 2024, that finalized several revisions to EPA's lead-based paint (LBP) regulations. Subsequent to publication, the Office of the Federal Register (OFR) informed the Agency that there were errors in the amendatory instructions that describe specific revisions for two sections of the regulation. The corrections to the amendatory instructions will allow for the proper revisions to be incorporated into the Code of Federal Regulations (CFR). This final rule correction is effective 13 January 2025. POC is Claire Brisse, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-9004; email: brisse.claire@epa.gov. (Federal Register 16 December 2024 [Rule] Pages 101489-101490)
Dec 13, 2024
EPA is finalizing the Health and Safety Reporting Rule under the Toxic Substance Control Act (TSCA) to require manufacturers (including importers) of the sixteen chemical substances identified in this rulemaking to submit copies and lists of certain unpublished health and safety studies to EPA. Health and safety studies sought by this action will inform EPA actions in carrying out its responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management. This rule is effective on 13 January 2025. POC is Lameka Smith, Data Gathering, Management, and Policy Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-1629; email: smith.lameka@epa.gov. (Federal Register 13 December 2024 [Rule] Pages 100756-100763)
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA" or "the Act"), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP") include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List ("NPL") constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency ("the EPA" or "the agency") in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds one site to the General Superfund section of the NPL. The rule is effective on 15 January 2025. POC is Vanessa Van Note, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mail code 5203T), U.S. Environmental Protection Agency; 1301 Constitution Avenue NW, Washington, DC 20460, tele: (571) 882-3866, email: vannote.vanessa@epa.gov. (Federal Register 13 December 2024 [Rule] Pages 100751-100756)
Dec 11, 2024
This action finalizes the Federal plan for existing commercial and industrial solid waste incineration units (CISWI). This final action implements the U.S. Environmental Protection Agency's (EPA) emission guidelines adopted on 7 February 2013, as amended on 23 June 2016, and on 16 April 2019, in states that do not have an approved state plan implementing the emission guidelines in place by the effective date of this Federal plan. The implementation of the emission guidelines will result in emissions reductions of the regulated pollutants including cadmium, hydrogen chloride, lead, mercury, carbon monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from the affected CISWI. This final action is also revising the definition of "small, remote incinerator" to reflect new statutory prohibitions on the implementation of CISWI standards to units in the State of Alaska. This final rule is effective 10 January 2025. POC is Dr. Felica Davis, Sector Policies and Programs Division (E14305), Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-4857; and email: davis.felica@epa.gov. (Federal Register 11 December 2024 [Rule] Pages 100092-100136)
EPA is finalizing five amendments that were withdrawn in its 6 December 2023, partial withdrawal of direct final rule. Due to receipt of adverse comments, the EPA withdrew eight amendments from the 9 August 2023, direct final rule that included revisions to the 2016 Hazardous Waste Generator Improvements Rule, the 2019 Hazardous Waste Pharmaceuticals Rule and the 2018 Vacatur of the Definition of Solid Waste Rule (88 FR 54086). The EPA is responding to the relevant adverse comments in this action. This final rule is effective on 10 February 2025. POC is Kathy Lett, EPA, Office of Resource Conservation and Recovery (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-0517, lett.kathy@epa.gov. (Federal Register 11 December 2024 [Rule] Pages 99727-99732)
Dec 10, 2024
USFWS determine endangered species status under the ESA, for three butterflies endemic to Brazil: the Fluminense swallowtail (Parides ascanius), Harris' mimic swallowtail (Eurytides (=Mimoides) lysithous harrisianus), and Hahnel's Amazonian swallowtail (Parides hahneli). This rule extends the Act's protections to these species. This rule is effective 9 January 2025. POC is Rachel London, Manager, 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 10 December 2024 [Rule] Pages 99129-99138)
USFWS listed the Peñasco least chipmunk (Neotamias minimus atristriatus), a mammal from New Mexico, as an endangered species under the ESA. They also designate critical habitat. In total, approximately 1,774 hectares (4,386 acres) in Lincoln County, New Mexico, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 9 January 2025. POC is Shawn Sartorius, Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, NM 87113; tele 505-346-2525. (Federal Register 10 December 2024 [Rule] Pages 99656-99687)
Dec 06, 2024
USFWS determine endangered species status under the ESA for the swale paintbrush (Castilleja ornata), a flowering plant species from New Mexico within the United States and the states of Chihuahua and Durango in Mexico. This rule extends the Act's protections to the species. They find that designating critical habitat for the swale paintbrush is not prudent. This rule is effective 6 January 2025. Shawn Sartorius, Field Supervisor, USFWS, New Mexico Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, NM 87113; tele 505-346-2525. (Federal Register 5 December 2024 [Rule] Pages 96602-96616)
Nov 19, 2024
The Environmental Protection Agency (EPA) is promulgating a regulation to facilitate compliance with the requirements of the Waste Emissions Charge in the Clean Air Act's (CAA) Methane Emissions Reduction Program (MERP). Enacted as part of the Inflation Reduction Act (IRA), this program requires the EPA to impose and collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress. This final rule is effective 17 January 2025. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Protection (MC-6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 343-9548; email: merp@epa.gov. (Federal Register 18 November 2024 [Rule] Pages 91094-91195)
Nov 15, 2024
EPA is correcting a final rule that appeared in the Federal Register (FR) on 17 April 2024. The EPA finalized the Other Solid Waste Incinerators (OSWI); Title V Permitting Provisions rule which removed title V permitting requirements for air curtain incinerators that burn only wood waste, clean lumber, yard waste, or a mixture of these three types of waste. Following publication of this final rule, the EPA discovered inadvertent errors in the regulatory text and is correcting them in this action. The final rule is effective on 14 November 2024. POC is Dr. Felica Davis, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-4857; and email: davis.felica@epa.gov. (Federal Register 14 November 2024 [Rule] Pages 89928-89933)
Nov 13, 2024
As part of EPA's efforts to reduce childhood lead exposure EPA is finalizing its proposal to lower the dust-lead hazard standards to any reportable level as analyzed by a laboratory recognized by EPA's NLLAP. EPA's LBP regulations do not compel property owners or occupants to evaluate their property for LBP hazards or to take control actions, but if a LBP activity such as an abatement is performed, then EPA's regulations set requirements for doing so. EPA is also finalizing changes to lower the post-abatement dust-lead clearance levels to 5 micrograms per square foot (µg/ft2), 40 µg/ft2, and 100 µg/ft2 for floors, window sills and troughs respectively. Due to feedback from public comments, EPA is also finalizing changes to adopt the terms dust-lead reportable levels (DLRL) and dust-lead action levels (DLAL). Given the decoupling of the action levels from the reportable levels, EPA is finalizing revisions to the definition of abatement so that the recommendation for action based on dust-lead applies when dust-lead loadings are at or above the action levels, rather than the hazard standards. The dust-lead hazard standards will be described as DLRL moving forward and the dust-lead clearance levels will be described as DLAL. This final rule is effective 13 January 2025. POC is Claire Brisse tele: (202) 564-9004; email: brisse.claire@epa.gov. (Federal Register 12 November 2024 [Rule] Pages 89416-89461)
Oct 31, 2024
In December 2023, the EPA requested comment on the proposed the Lead and Copper Rule Improvements (LCRI), which informed the revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper. After consideration of public comment on the LCRI, and consistent with the provisions set forth under the Safe Drinking Water Act (SDWA), the EPA is finalizing revisions to the NPDWR for lead and copper. In this rule, the agency is finalizing requirements for drinking water systems to replace lead and certain galvanized service lines. The final rule also removes the lead trigger level, reduces the lead action level to 0.010 mg/L, and strengthens tap sampling procedures to improve public health protection and simplify implementation relative to the 2021 Lead and Copper Rule Revisions (LCRR). The final rule will significantly reduce the adverse human health impacts of exposure to toxic lead in drinking water. This final rule is effective on 30 December 2024. POC is Michael Goldberg, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1379; email: LCRI@epa.gov. (Federal Register 30 October 2024 [Rule] Pages 86418-86667)
USFWS list the Ocmulgee skullcap (Scutellaria ocmulgee), a plant species from Georgia and South Carolina as an endangered species under the Endangered Species Act of 1973 (Act), as amended. They also designate critical habitat. In total, approximately 6,661 acres (2,696 hectares) in Bibb, Bleckley, Burke, Columbia, Houston, Monroe, Pulaski, Richmond, Screven, and Twiggs Counties, Georgia, and in Aiken and Edgefield Counties, South Carolina, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 29 November 2024. POC is Peter Maholland, Field Supervisor, USFWS, Georgia Ecological Services Field Office, 355 East Hancock Avenue, Room 320, Athens, GA 30601; tele 706-613-9493. (Federal Register 30 October 2024 [Rule] Pages 86670-86712)
Oct 29, 2024
USFWS propose to remove the Chipola slabshell (Elliptio chipolaensis) and fat threeridge (Amblema neislerii), both freshwater mussels, from the Federal List of Endangered and Threatened Wildlife due to recovery. These species occur in the Apalachicola-Chattahoochee-Flint River Basin of Alabama, Georgia, and Florida. Their review of the best available scientific and commercial data indicates that the threats to the Chipola slabshell and fat threeridge have been eliminated or reduced to the point that both species have recovered and no longer meet the definition of an endangered or threatened species under the ESA. Accordingly, they propose to delist the Chipola slabshell and the fat threeridge. If finalized the prohibitions and conservation measures provided by the Act, particularly through sections 4 and 7 for the Chipola slabshell and sections 7 and 9 for the fat threeridge, would no longer apply to these species. This proposed rule also serves as the completed status review initiated under section 4(c)(2) of the Act. USFWS will accept comments received or postmarked on or before 30 December 2024. POC is Gian Basili, Deputy State Supervisor, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; telephone 904-731-3079; email gianfranco_basili@fws.gov. (Federal Registrar 29 October 2024 [Proposed Rule] Pages 85909-85934)
Oct 28, 2024
USFWS are reclassifying the red-cockaded woodpecker (Dryobates (= Picoides) borealis) from endangered to threatened (i.e., downlisting it) under the ESA. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. They also finalize protective regulations under the authority of section 4(d) of the Act that are necessary and advisable to provide for the conservation of the red-cockaded woodpecker. In addition, they correct the List of Endangered and Threatened Wildlife to reflect that Picoides is not the current scientifically accepted generic name for this species. This rule is effective 25 November 2024. POC is Nicole Rankin, Manager Division of Conservation and Classification, USFWS, Southeast Regional Office, 1875 Century Boulevard, Atlanta, GA 30345; tele 404-679-7089. (Federal Registrar 25 October 2024 [Rule] Pages 85294-85338)
Oct 17, 2024
U.S. Fish and Wildlife Service, correct and amend a final rule that revised the regulations for the issuance of permits for eagle incidental take and eagle nest take. A provision of the regulations in the final rule specifies eligibility criteria for general permits for wind energy projects based on eagle relative abundance and proximity to eagle nests. We have become aware of confusion on the part of some general permit applicants regarding this provision in the regulations. Accordingly, this document revises the regulatory text of the final rule to ensure clarity. In addition, the final rule inadvertently resulted in errors regarding footnotes to a table. This document corrects those errors. For the convenience of the public, we also provide information to access the Service's online mapping tool for general permit eligibility. This rule is effective 17 October 2024. POC is Jerome Ford, Assistant Director--Migratory Birds Program, USFWS, tele: (703) 358-2606, email: jerome_ford@fws.gov. (Federal Register 17 October 2024 [Final] Pages 83629-83631)
Oct 15, 2024
EPA is finalizing amendments to the NSPS for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) pursuant to the review required by the Clean Air Act (CAA). The EPA is finalizing revisions to the NSPS that are applicable to volatile organic liquid (VOL) storage vessels that commence construction, reconstruction, or modification after October 4, 2023, under a new NSPS subpart, as well as amendments to an existing subpart. In the new NSPS subpart Kc, the EPA is finalizing requirements to reduce the vapor pressure applicability thresholds and revise the volatile organic compound (VOC) standards to reflect the best system of emission reduction (BSER) for affected storage vessels. In addition, the EPA is finalizing degassing emission controls; clarification of startup, shutdown, and malfunction (SSM) requirements; additional monitoring requirements; and other technical improvements. This final rule is effective on 15 October 2024. POC is Mr. Michael Cantoni III, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5593; and email address: cantoni.michael@epa.gov. (Federal Register 15 October 2024 [Rule] Pages 83296-83336)
EPA is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act of 2020. This rulemaking establishes an emissions reduction and reclamation program for the management of hydrofluorocarbons that includes requirements for leak repair and installation and use of automatic leak detection systems for certain equipment using refrigerants containing hydrofluorocarbons and certain substitutes; the servicing and/or repair of certain refrigerant-containing equipment to be done with reclaimed hydrofluorocarbons; the initial installation and servicing and/or repair of fire suppression equipment to be done with recycled hydrofluorocarbons, technician training, and recycling of hydrofluorocarbons prior to the disposal of fire suppression equipment containing hydrofluorocarbons. In addition, EPA is establishing alternative Resource Conservation and Recovery Act standards for certain ignitable spent refrigerants being recycled for reuse. This rule is effective 10 December 2024. POC is Christian Wisniewski, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-0417; email: wisniewski.christian@epa.gov. (Federal Register 11 October 2024 [Rule] Pages 82682-82872)
Oct 11, 2024
OSHA is correcting several inadvertent errors in its Hazard Communication Standard (HCS) which were published in the Federal Register on 20 May 2024. The agency has identified several errors in the regulatory text and appendices to the HCS which pertain to the classification of hazardous chemicals and information presented on labels and Safety Data Sheets (SDSs). The agency believes these errors, although minor and primarily typographical in nature, should be addressed expeditiously to avoid confusion or unnecessary costs in the regulated community due to incorporation of errors on labels and SDSs. OSHA is continuing its review of the regulatory text and will issue another correction document to address additional minor errors at a later date. The effective date of this rule is 9 October 2024. POC is Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor; telephone: (202) 693-1999; email: meilinger.francis2@dol.gov. (Federal Register 9 October 2024 [Rule] Pages 81829-81836)
This action establishes recordkeeping and reporting requirements for uses of ozone-depleting substances as process agents and updates related definitions. Codified recordkeeping and reporting requirements will provide clear notice of information the U.S. Environmental Protection Agency collects, aggregates, and reports each year on behalf of the United States as a party to the Montreal Protocol on Substances that Deplete the Ozone Layer; effectively monitor these narrow uses in a more routine and consistent manner under the Clean Air Act; and enhance understanding of emissions of substances harmful to the stratospheric ozone layer. This final rule is effective on 12 November 2024. POC is John Feather, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1230; or email:feather.john@epa.gov. (Federal Register 10 October 2024 [Final] Pages 82414-82451)
EPA is promulgating a regulation under the Vessel Incidental Discharge Act that establishes Federal standards of performance for marine pollution control devices for discharges incidental to the normal operation of primarily non-Armed Forces and non-recreational vessels 79 feet in length and above into the waters of the United States or the waters of the contiguous zone. The final standards, once made final, effective, and enforceable through corresponding USCG regulations addressing implementation, compliance, and enforcement, will control the discharge of pollutants from vessels described above and repeal certain existing Federal, State, and local vessel discharge requirements, thus streamlining regulation of such vessel incidental discharges. EPA is also promulgating procedures states must follow if they choose to petition EPA to require the use of an emergency best management practice to address aquatic nuisance species (ANS) or water quality concerns ("emergency order"), to review any standard of performance, regulation, or policy. The effective date of this rule is 8 November 2024. POC is Jack Faulk, Oceans, Wetlands, and Communities Division, Office of Water (4504T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564-0768; email: faulk.jack@epa.gov. (Federal Register 9 October 2024 [Rule] Pages 82074-82158)
Sep 10, 2024
Sep 09, 2024
USFWS are removing the Apache trout (Oncorhynchus apache), a fish native to Arizona, from the Federal List of Endangered and Threatened Wildlife. Their review indicates that the threats to the Apache trout have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act, particularly through section 4 and 7, will no longer apply to the Apache trout. This rule is effective 7 October 2024. POC is Heather Whitlaw, Field Supervisor, Arizona Ecological Services Office, USFWS, 9828 North 31st Ave #C3, Phoenix AZ 85051-2517; tele: 602-242-0210. (Federal Register 6 September 2024 [Rule] Pages 72739-72757).
Sep 05, 2024
The EPA is taking direct final action to amend the TSCA regulation with reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). As promulgated in October 2023, the regulation requires manufacturers (including importers) of PFAS in any year between 2011-2022 to report certain data to EPA related to exposure and environmental and health effects. EPA is making a one-time modification to change the beginning of the data submission period from 12 November 2024, to 11 July 2025, with a corresponding change to the end of the submission period. EPA is also making a technical correction to address an error in the regulatory text. There are no other changes to the reporting and recordkeeping requirements in the existing rule under TSCA. This rule is effective 4 November 2024 without further notice. (Federal Register 5 September 2024 [Rule] 72336-72340)
Sep 04, 2024
The EPA is finalizing amendments to the NESHAP for Reciprocating Internal Combustion Engines (RICE), the New Source Performance Standards (NSPS) for Stationary Compression Ignition (CI) Internal Combustion Engines, and the NSPS for Stationary Spark Ignition (SI) Internal Combustion Engines, to add electronic reporting provisions. The addition of electronic reporting provisions will provide for simplified reporting by sources and enhance availability of data on sources to the EPA and the public. In addition, a small number of clarifications and corrections to these rules are being finalized to provide clarification and correct inadvertent and other minor errors in the Code of Federal Regulations (CFR), particularly related to tables. This final rule is effective on 30 August 2024. POC is Christopher Werner, tele: (919) 541-5133; and email: werner.christopher@epa.gov. (Federal Register 30 August 2024 [Rule] Pages 70505-70525)
Aug 13, 2024
EPA is issuing an Emergency Order directing the suspension of all registrations issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (DCPA), also marketed under the trade name Dacthal. EPA has determined that continued sale, distribution, or use of DCPA products during the time required to cancel such products would pose an imminent hazard and that an emergency exists that does not permit EPA to hold a hearing before suspending such products. These determinations are based primarily on a risk of thyroid hormone perturbations in the fetuses of female bystanders and workers who apply DCPA or who enter treated fields after application. This Emergency Order is issued and effective immediately upon signature. POC is Jean Overstreet, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs; tele: 202-566-2425; email: overstreet.anne@epa.gov. (Federal Register 7 August 2024 [Notice] Pages 64445-64458)
Jul 30, 2024
USFWS determine endangered species status under the Endangered Species Act of 1973, as amended (Act), for the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys), a fish species of the Pacific Coast. This rule extends the protections of the Act to this DPS and adds it to the List of Endangered and Threatened Wildlife. This rule is effective 29 August 2024. POC is Donald Ratcliff, Field Supervisor, USFWS, San Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall, Suite 8-300, Sacramento, CA 95814; tele 916-930-5603. (Federal Register 30 July 2024 [Rule] Pages 61029-61049)
Jul 26, 2024
Jul 25, 2024
USFWS determine endangered species status under the ESA for the Sira curassow (Pauxi koepckeae) and southern helmeted curassow (Pauxi unicornis), two bird species from South America. This rule extends the protections of the Act to these species. This rule is effective 26 August 2024. POC is Rachel London, Manager, Branch of Delisting and Foreign Species, Ecological Services Program, USFWS, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; tele 703-358-2491. (Federal Register 25 July 2024 [Rule] Pages 60319-60328)
Jul 12, 2024
U.S. Fish and Wildlife Service (Service), list the Pearl River map turtle (Graptemys pearlensis), a freshwater turtle species from the Pearl River drainage in Mississippi and Louisiana as a threatened species with 4(d) protective regulations under the ESA. Due to similarity of appearance, we also list the Alabama map turtle (Graptemys pulchra), Barbour's map turtle (Graptemys barbouri), Escambia map turtle (Graptemys ernsti), and Pascagoula map turtle (Graptemys gibbonsi) as threatened species with 4(d) protective regulations under the Act. This rule adds these species to the List of Endangered and Threatened Wildlife. This rule is effective 12 August 2024. POC is James Austin, Field Supervisor, USFWS, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Suite A, Jackson, MS 39213; tele 601-321-1129. (Federal Register 12 July 2024 [Rule] Pages 57206-57236)
Jul 01, 2024
USFW determine threatened species status under the ESA for the Suwannee alligator snapping turtle (Macrochelids suwanniensis), a large, freshwater turtle species from the Suwannee River basin in Florida and Georgia. This rule adds the species to the List of Endangered and Threatened Wildlife. They also finalize a rule issued under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this species. They have determined that designating critical habitat for the Suwannee alligator snapping turtle is not prudent. This rule is effective 29 July 2024. POC is Lourdes Mena, Classification and Recovery Division Manager, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517; email: Lourdes_Mena@fws.gov; tele: 352-749-2462. (Federal Register 27 June 2024 [Rule] Pages 53507-53528)
Jun 21, 2024
The EPA is correcting formatting and entry designations in a final rule that was published in the Federal Register on 26 April 2024. The rule finalized National Primary Drinking Water Regulations under the Safe Drinking Water Act for five individual per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals). The rule finalized a NPDWR for two or more mixtures of PFNA, PFHXs, HFPO-DA and perfluorobutane sulfonic acid (PFBS). This document corrects formatting and entry designations in the final regulation. Effective on 25 June 2024. POC is Alexis Lan, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele 202-564-0841; email address: PFASNPDWR@epa.gov (Federal Register 11 June 2024 [Rule] Pages 49101-49104)
Pursuant to the EPA's Significant New Alternatives Policy program, this action lists 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 incorporating 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 exempts propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the Clean Air Act (CAA) on knowingly venting, releasing, or disposing of substitute refrigerants in the course of maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration, as the Administrator is determining, on the basis of existing evidence, that such venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Effective on 15 July 2024. POC is Perrin Krisko, Stratospheric Protection Division, Office of Atmospheric Protection (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-2328; email: krisko.claudia@epa.gov. (Federal Register 13 June 2024 [Rule] Pages 50410-50497)
Jun 04, 2024
Endangered species status for the Guadalupe fatmucket (Lampsilis bergmanni), Texas fatmucket (Lampsilis bracteata), Guadalupe orb (Cyclonaias necki), Texas pimpleback (Cyclonaias (= Quadrula) petrina), Balcones spike (Fusconaia (= Quincuncina) iheringi), and false spike (Fusconaia (= Quincuncina) mitchelli), and threatened species status for the Texas fawnsfoot (Truncilla macrodon), seven species of freshwater mussels from central Texas. They also issue a rule under section 4(d) of the Act for the Texas fawnsfoot that provides measures that are necessary and advisable to provide for the conservation of the Texas fawnsfoot. In total, approximately 1,577.5 river miles (2,538.7 river kilometers) in Blanco, Brown, Caldwell, Coleman, Comal, Concho, DeWitt, Gillespie, Gonzales, Guadalupe, Hays, Kendall, Kerr, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Mills, Palo Pinto, Parker, Runnels, San Saba, Shackelford, Stephens, Sutton, Throckmorton, Tom Green, Travis, and Victoria Counties, Texas, fall within the boundaries of the critical habitat designation. This rule applies the protections of the Act to these species and their designated critical habitats. Effective 5 July 2024. POC is Karen Myers, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 1505 Ferguson Lane, Austin, TX 78754; tele (512) 937-7371. (Federal Register 4 June 2024 [Rule] Pages 48034-48130)
May 30, 2024
USFWS 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. In total, approximately 1,213,752 acres (491,188 hectares) in northwestern California and southwestern Oregon fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to this entity's designated critical habitat. This rule is effective 28 June 2024. POC is Vicky Ryan, Acting Field Supervisor, USFWS, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; tele 707-822-7201. (Federal Register 29 May 2024 [Rule] Pages 46576-46616)
May 24, 2024
EPA is revising the Consumer Confidence Report (CCR) Rule in accordance with America's Water Infrastructure Act (AWIA) of 2018 (United States, 2018) and is requiring States, territories, and Tribes with primary enforcement responsibility to report compliance monitoring data (CMD) to the EPA. The revisions will improve the readability, clarity, and understandability of CCRs as well as the accuracy of the information presented, improve risk communication in CCRs, incorporate electronic delivery options, provide supplemental information regarding lead levels and control efforts, and require systems who serve 10,000 or more persons to provide CCRs to customers biannually (twice per year). The final rule requirements for States to submit to the EPA CMD for all National Primary Drinking Water Regulations (NPDWRs) will improve the EPA's ability to fulfill oversight responsibilities under the Safe Drinking Water Act (SDWA). This final rule is effective on 24 June 2024. Sarah Bradbury, Drinking Water Capacity and Compliance Division, Office of Ground Water and Drinking Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele:(202) 564-3116; email: bradbury.sarah@epa.gov. (Federal Register 24 May 2024 [Rule] Pages 45980-46014)
May 22, 2024
USFWS determine endangered species status under the ESA, as amended, for the dunes sagebrush lizard (Sceloporus arenicolus), a lizard species found only in southeastern New Mexico and west Texas. This rule extends the protections of the Act to this species. Because they have concluded that the designation of critical habitat for the dunes sagebrush lizard is prudent but not determinable at this time, they will consider critical habitat for the species in a separate, future rulemaking. This rule is effective 20 June 2024. 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 20 May 2024 [Rule] Pages 43748-43769)
OSHA is amending the Hazard Communication Standard (HCS) to conform to the United Nations' GHS, primarily Revision 7, address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners. Consistent with E.O. 13563 and the Regulatory Flexibility Act, which call for assessment and modification and improvement of existing rules, OSHA has reviewed the existing HCS. The agency has determined that the revisions in this final rule will enhance the effectiveness of the HCS by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, labeling small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets (SDSs), and related revisions to definitions of terms used in the standard. This final rule is effective 19 July 2024. POC is Tiffany DeFoe, Director, Office of Chemical Hazards--Metals, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; tele: (202) 693-1950; email: defoe.tiffany@dol.gov. (Federal Register 20 May 2024 [Rule] Pages 44144-44461)
The Environmental Protection Agency (EPA) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify seven per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective 17 June 2024. POC is Harichandana Karne, Data Gathering, Management and Policy Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0595; email: karne.harichandana@epa.gov. (Federal Register 17 May 2024 [Rule] Pages 43331-43335)
May 21, 2024
EPA is amending requirements that apply to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule to ensure that reporting is based on empirical data, accurately reflects total methane emissions and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed under the Waste Emissions Charge. The EPA is also amending certain requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories of the Greenhouse Gas Reporting Rule to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities. This action also establishes and amends confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these amendments. This rule is effective 1 January 2025. POC is Jennifer Bohman, Climate Change Division, Office of Atmospheric Programs (MC-6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 343-9548; email address: GHGReporting@epa.gov. (Federal Register 14 May 2024 [Rule] Pages 42062-42327)
May 10, 2024
Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "Superfund"), the Environmental Protection Agency (EPA) is designating two per- and polyfluoroalkyl substances (PFAS)--perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers--as hazardous substances. The Agency reached this decision after evaluating the available scientific and technical information about PFOA and PFOS and determining that they may present a substantial danger to the public health or welfare or the environment when released. The Agency also determined that designation is warranted based on a totality of the circumstances analysis, including an analysis of the advantages and disadvantages of designation. This rule is effective 8 July 2024. POC is Sicy Jacob, Office of Emergency Management (5104A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-8019; email: jacob.sicy@epa.gov. (Federal Register 8 May 2024 [Rule] Pages 39124-39192)
The Environmental Protection Agency (EPA) is finalizing the technology reviews (TR) conducted for the national emission standards for hazardous air pollutants (NESHAP) for gasoline distribution facilities and the review of the new source performance standards (NSPS) for bulk gasoline terminals pursuant to the requirements of the Clean Air Act (CAA). The final NESHAP amendments include revised requirements for storage vessels, loading operations, and equipment to reflect cost-effective developments in practices, processes, or controls. The final NSPS reflect the best system of emission reduction for loading operations and equipment leaks. In addition, the EPA is: finalizing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM); adding requirements for electronic reporting; revising monitoring and operating requirements for control devices; and making other minor technical improvements. The EPA estimates that this final action will reduce hazardous air pollutant emissions from gasoline distribution facilities by over 2,200 tons per year (tpy) and volatile organic compound (VOC) emissions by 45,400 tpy. The final rule is effective 8 July 2024. POC is Ms. Jennifer Caparoso, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711; tele: (919) 541-4063; and email: caparoso.jennifer@epa.gov. (Federal Register 8 May 2024 [Rule] Pages 39304-39390)
The EPA is finalizing multiple actions under section 111 of the Clean Air Act (CAA) addressing greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs). First, the EPA is finalizing the repeal of the Affordable Clean Energy (ACE) Rule. Second, the EPA is finalizing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs. Third, the EPA is finalizing revisions to the New Source Performance Standards (NSPS) for GHG emissions from new and reconstructed fossil fuel-fired stationary combustion turbine EGUs. Fourth, the EPA is finalizing revisions to the NSPS 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. The EPA is not finalizing emission guidelines for GHG emissions from existing fossil fuel-fired stationary combustion turbines at this time; instead, the EPA intends to take further action on the proposed emission guidelines at a later date. This final rule is effective on 8 July 2024. POC is Lisa Thompson (she/her), Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, U.S. EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5158; and email address: thompson.lisa@epa.gov. (Federal Register 9 May 2024 [Rule] Pages 39798-40064)
EPA is finalizing a rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, among other things, prevent serious illness and death associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period where an industrial and commercial use of the chemical is being prohibited, provide a time-limited exemption for a critical or essential use of methylene chloride for which no technically and economically feasible safer alternative is available, and protect workers from the unreasonable risk of methylene chloride while on the job. This final rule is effective on 8 July 2024. POC is Ingrid Feustel, Existing Chemicals Risk Management Division (7405M), 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 8 May 2024 [Rule] Page 39254-39302)
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) source category. These final amendments are the result of the EPA's review of the 2020 Residual Risk and Technology Review (RTR). The changes, which were proposed under the technology review in April 2023, include amending the filterable particulate matter (fPM) surrogate emission standard for non-mercury metal hazardous air pollutants (HAP) for existing coal-fired EGUs, the fPM emission standard compliance demonstration requirements, and the mercury (Hg) emission standard for lignite-fired EGUs. Additionally, the EPA is finalizing a change to the definition of "startup." The EPA did not propose, and is not finalizing, any changes to the 2020 Residual Risk Review. This final rule is effective on 8 July 2024. POC is Sarah Benish, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-5620; and email:benish.sarah@epa.gov. (Federal Register 7 May 2024 [Rule] Pages 38508-38593)
May 08, 2024
EPA is correcting a final rule that appeared in the Federal Register on 14 July 2023, which added a diisononyl phthalates (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). However, the amendment could not be incorporated into the regulation due to an inaccurate amendatory instruction. This document corrects the amendatory instructions. Effective on 2 May 2024. POC is Rachel Dean, Data Collection Branch, Data Gathering, Management, and Policy Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email:dean.rachel@epa.gov. (Federal Register 2 May 2024 [Rule] Pages 35748-35754)
May 07, 2024
DOE is publishing a rule that establishes energy performance standards for the new construction and major renovation of Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the Energy Conservation and Production Act ("ECPA"), as amended by the Energy Independence and Security Act of 2007 ("EISA"). Consistent with the requirements of ECPA and EISA, DOE is establishing Federal building energy performance standards that require Federal agencies to reduce their use of 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. This final rule also provides processes by which Federal agencies may petition DOE for a modification to the final standards. The effective date of this rule is 15 July 2024. POC is Mr. Rick Mears, U.S. Department of Energy, Office of the Under Secretary for Infrastructure, Federal Energy Management Program, FEMP-1, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: cer-information@hq.doe.gov. (Federal Register 1 May 2024 [Rule] Pages 35384-35439)
DOE is revising its NEPA implementing procedures (regulations) to add a categorical exclusion for certain energy storage systems and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE's NEPA regulations. These changes will help ensure that DOE conducts an appropriate and efficient environmental review of proposed projects that normally do not result in significant environmental impacts. This rule is effective 30 May 2024. POC is Ms. Carrie Abravanel, Deputy Director, Office of NEPA Policy and Compliance, at carrie.abravanel@hq.doe.gov or 202-586-4798. (Federal Register 30 April 2024 [Rule] Pages 34074-34094)
CEQ is finalizing its "Bipartisan Permitting Reform Implementation Rule" to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including the recent amendments to NEPA in the Fiscal Responsibility Act. CEQ is making these revisions to provide for an effective environmental review process; ensure full and fair public engagement; enhance efficiency and regulatory certainty; and promote sound Federal agency decision making that is grounded in science, including consideration of relevant environmental, climate change, and environmental justice effects. These changes are grounded in NEPA's statutory text and purpose, including making decisions informed by science; CEQ's extensive experience implementing NEPA; CEQ's perspective on how NEPA can best inform agency decision making; longstanding Federal agency experience and practice; and case law interpreting NEPA's requirements. The effective date is 1 July 2024. POC is Amy B. Coyle, Deputy General Counsel, 202-395-5750 and Amy.B.Coyle@ceq.eop.gov. (Federal Register 1 May 2024 [Rule] Pages 35442-35577)
Apr 26, 2024
In March 2023, EPA proposed and requested comment on the NPDWR and health-based Maximum Contaminant Level Goals (MCLGs) for six per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFHxS, PFNA, HFPO-DA, commonly known as GenX Chemicals, and PFBS. The EPA is finalizing NPDWRs for these six PFAS. Through this action, the EPA is finalizing MCLGs for PFOA and PFOS at zero. Considering feasibility, the EPA is promulgating individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4.0 nanograms per liter (ng/L) or parts per trillion (ppt). The EPA is also finalizing individual MCLGs and is promulgating individual MCLs for PFHxS, PFNA, and HFPO-DA at 10 ng/L. In addition to the individual MCLs for PFHxS, PFNA, and HFPO-DA, in consideration of the known toxic effects, dose additive health concerns and occurrence and likely co-occurrence in drinking water of these three PFAS, as well as PFBS, the EPA is finalizing a Hazard Index (HI) of 1 (unitless) as the MCLG and MCL for any mixture containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. Once fully implemented, the EPA estimates that the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. This final rule is effective on 25 June 2024. POC is Alexis Lan, tele 202-564-0841; email: PFASNPDWR@epa.gov. (Federal Register 26 April 2024 [Rule] Pages 32532-32757)
The EPA is amending specific provisions in the Greenhouse Gas Reporting Rule to improve data quality and consistency. This action updates the General Provisions to reflect revised global warming potentials; expands reporting to additional sectors; improves the calculation, recordkeeping, and reporting requirements by updating existing methodologies; improves data verifications; and provides for collection of additional data to better inform and be relevant to a wide variety of Clean Air Act provisions that the EPA carries out. This action adds greenhouse gas monitoring and reporting for five source categories. These revisions also include changes that will improve implementation of the rule such as updates to applicability estimation methodologies, simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. This rule is effective 1 January 2025. 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 25 April 2024 [Rule] Pages 31802-31959)
Apr 23, 2024
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. Rule is effective on 22 May 2024. POC is Ms. Jennifer Hawes, Procurement Analyst, at 202-255-9194 or by email at jennifer.hawes@gsa.gov. (Federal Register 22 April 2024 [Rule] Pages 30212-30250)
The EPA is promulgating new GHG emissions standards for model year (MY) 2032 and later heavy-duty highway vehicles that phase in starting early MY 2027 for certain vehicles. The phase revises certain MY 2027 GHG standards that were established previously under EPA's DHD Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2 rule. This document also updates elements of the Averaging Banking and Trading program, including providing flexibilities for manufacturers to support the implementation of the Phase 3 program balanced by limiting the availability of certain advanced technology credits initially established under the HD GHG Phase 2 rule. EPA is also adding warranty requirements for batteries and other components of zero-emission vehicles and requiring customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles. In this action, we are also finalizing additional revisions, including clarifying and editorial amendments to certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines. This final rule is effective on 21 June 2024. POC is Brian Nelson, Assessment and Standards Division, Office of Transportation and Air Quality, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: (734) 214-4278; email: nelson.brian@epa.gov. (Federal Register 22 April 2024 [Rule] Pages 29440-2983)
Under the CAA the EPA is establishing new, more protective emissions standards for criteria pollutants and GHG for light-duty vehicles and Class 2b and 3 ("medium-duty") vehicles that will phase-in over model years 2027 through 2032. In addition, EPA is finalizing GHG program revisions in several areas, including off-cycle and air conditioning credits, the treatment of upstream emissions associated with zero-emission vehicles and plug-in hybrid electric vehicles in compliance calculations, medium-duty vehicle incentive multipliers, and vehicle certification and compliance. EPA is also establishing new standards to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty electric and plug-in hybrid electric vehicles. EPA is also finalizing minor amendments to update program requirements related to aftermarket fuel conversions, importing vehicles and engines, evaporative emission test procedures, and test fuel specifications for measuring fuel economy. This final rule is effective on 17 June 2024. POC is Michael Safoutin, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: (734) 214-4348; email: safoutin.mike@epa.gov. (Federal Register 22 April 2024 [Rule] Pages 29440-2983)
Apr 19, 2024
On 31 August 2020, in accordance with requirements under the CAA, EPA performed a 5-year review of the Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) Units, which includes certain very small municipal waste combustion (VSMWC) and institutional waste incineration (IWI) units. In the same action, the EPA proposed to remove the title V permitting requirements for air curtain incinerators (ACI) that burn only wood waste, clean lumber, yard waste, or a mixture of these three types of waste. In response to supportive comments received on the August 2020 proposal, this action is finalizing, as proposed, to remove the title V permitting requirements for ACIs that only burn wood waste, clean lumber, yard waste, or a mixture of those, and are not located at title V major sources or subject to title V for other reasons. The EPA is finalizing this proposed action now to simplify the compliance obligations for owners and operators of these types of units. The effective date of this rule is 17 April 2024. POC is Noel Cope, Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541-2128; email: cope.noel@epa.gov. (Federal Register 17 April 2024 [Rule] pages 27392-27397)
Apr 16, 2024
EPA is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The Clean Water Act requires the EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. The EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods will incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. As such, the EPA expects that these changes will not result in any negative economic impacts. This final rule is effective on 17 June 2024. POC is Tracy Bone, Engineering and Analysis Division, Office of Water (4303T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001; tele: 202-564-5257; email: bone.tracy@epa.gov. (Federal Register 16 April 2024 [Rule] Pages 27288-27327)
Apr 08, 2024
USFWS and the NMFS finalize revisions to portions of our regulations that implement section 4 of the ESA. The revisions to the regulations clarify, interpret, and implement portions of the Act concerning the procedures and criteria used for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants (Lists) and designating critical habitat. This final rule is effective 6 May 2024. POC is Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tele 703-358-1954. (Federal Register 5 April 2024 [Rule] Pages 24300-24335)
USFWS revise their regulations concerning protections of endangered species and threatened species under the ESA. They reinstate the general application of the "blanket rule" option for protecting newly listed threatened species pursuant to section 4(d) of the Act, with the continued option to promulgate species-specific section 4(d) rules. They also extend to federally recognized Tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of the Service and other Federal and State agencies to aid, salvage, or dispose of threatened species. They also make minor changes to clarify or correct the existing regulations for endangered species and threatened species; these minor changes do not alter the substance or scope of the regulations. This final rule is effective 6 May 2024. POC is Carey Galst, USFWS, Division of Ecological Services, Branch of Listing Policy and Support Chief, 5275 Leesburg Pike, Falls Church, VA 22041-3803, tele 703-358-1954. (Federal Register 5 April 2024 [Rule] Pages 23919-23941)
Apr 05, 2024
This action finalizes the residual RTR conducted for the Commercial Sterilization Facilities source category regulated under NESHAP under the CAA. The EPA is finalizing decisions concerning the RTR, including definitions for affected sources, emission standards for previously unregulated sources, amendments pursuant to the risk review to address ethylene oxide (EtO) emissions from certain sterilization chamber vents (SCVs), aeration room vents (ARVs), chamber exhaust vents (CEVs), and room air emissions, and amendments pursuant to the technology review for certain SCVs and ARVs. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of SSM, including removing exemptions for periods of SSM. We are also taking final action to require owners and operators to demonstrate compliance through the use of EtO CEMS, with exceptions for very small users of EtO; add provisions for electronic reporting of performance test results and other reports; and include other technical revisions to improve consistency and clarity. We estimate that these final amendments will reduce EtO emissions from this source category by approximately 21 tons per year (tpy). This final rule is effective on 5 April 2024. POC is Jonathan Witt, tele: (919) 541-5645 and email:witt.jon@epa.gov. (Federal Register 5 April 2024 [Rule] Pages 24090-24203)
Apr 04, 2024
EPA finalized the residual risk and technology review (RTR) conducted for the Ethylene Production source category, which is part of the Generic Maximum Achievable Control Technology Standards NESHAP. Amendments to the Petroleum Refinery Sector NESHAP were most recently finalized on 4 February 2020. Subsequently, the EPA received and granted various petitions for reconsideration on these NESHAP for, among other things, the provisions related to the work practice standards for pressure relief devices (PRDs), emergency flaring, and degassing of floating roof storage vessels. This action finalizes proposed amendments to remove the force majeure exemption for PRDs and emergency flaring, incorporate clarifications for the degassing requirements for floating roof storage vessels, and address other corrections and clarifications. This final action is effective on 4 April 2024. POC is Michael Cantoni, Sector Policies and Programs Division, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; tele: (919) 541-5593; and email: cantoni.michael@epa.gov. (Federal Register 4 April 2024 [Rule] Pages 23840-23873)
Apr 03, 2024
EPA is requesting comments to assist in the potential development of regulations for the manufacture (including importing), processing, and distribution in commerce of lead for wheel-balancing weights ("lead wheel weights") under the TSCA. To inform this consideration, EPA is requesting comment from all stakeholders on the use and exposure to lead from the manufacture (including importing), processing (including recycling), distribution, use, and disposal of lead wheel weights, as well as information on their substitutes, to help determine if there is unreasonable risk to human health and the environment associated with this use. This action is relevant to a petition for a writ of mandamus filed in August 2023, by the Ecology Center, Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and Sierra Club in the United States Court of Appeals for the Ninth Circuit requesting the court to direct EPA to conduct a rulemaking regulating lead wheel weights under TSCA. This final rule is effective 3 May 2024. POC is Sofie Sonner, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 565-2414; email: sonner.sofie@epa.gov. (Federal Register 3 April 2024 [Rule] Pages 22972-22974) (Federal Register 3 April 2024 [Rule] Pages 22972-22974)
This final rule makes non-substantive, technical, organizational, and conforming amendments to existing Coast Guard regulations. This final rule is a continuation of our practice of periodically issuing rules to keep our regulations up-to-date and accurate. This final rule will have no substantive effect on the regulated public. This final rule is effective 3 April 2024. POC is Dale Murad, Coast Guard; telephone 202-372-3747, email Dale.Murad@uscg.mil. (Federal Register 3 April 2024 [Rule] Pages 22942-22949)
Apr 01, 2024
USFWS are revising the rule for the African elephant (Loxodonta africana) promulgated under section 4(d) of the ESA. The purposes are threefold: To increase protection for African elephants in light of the recent rise in international trade of live African elephants by establishing ESA enhancement permit requirements for international trade in live elephants and specific enhancement requirements for the import of wild-sourced elephants, as well as requirements to ensure that all proposed recipients of live African elephants are suitably equipped to house and care for them; to clarify the existing enhancement requirement during our evaluation of an application for a permit to import African elephant sport-hunted trophies; and to incorporate a Party's designation under the CITES National Legislation Project into the decision-making process for the import of live African elephants, African elephant sport-hunted trophies, and African elephant parts and products other than ivory and sport-hunted trophies. Amendments to the section 4(d) regulations in 2016 prohibited the import and export of African elephant ivory with limited exceptions. This rule is effective 1 May 2024. POC is Mary Cogliano, Division of Management Authority; USFWS; 5275 Leesburg Pike, MS: IA; Falls Church, VA 22041 (telephone (703) 358-2104). (Federal Register 1 April 2024 [Rule] Pages 22522-22555)
Mar 29, 2024
The EPA is finalizing facility response plan requirements for worst case discharges of CWA hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone. This final rule is effective on 28 May 2024. POC is Rebecca Broussard, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202-564-6706; email: broussard.rebecca@epa.gov. (Federal Register 28 March 2024 [Rule] Pages 21924-24967)
The EPA is issuing this final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. The injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation exposure to chrysotile asbestos. This final rule is effective on 28 May 2024. POC is Peter Gimlin, Existing Chemicals Risk Management Division (7405M), Office of Pollution Prevention and Toxics, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 566-0515; email: gimlin.peter@epa.gov. (Federal Register 28 March 2024 [Rule] Pages 21970-22010)
Mar 15, 2024
The Environmental Protection Agency (EPA) is amending its Risk Management Program (RMP) regulations as a result of Agency review. The revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, improvements to the public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. As major and other serious and concerning RMP accidents continue to occur, the record shows and EPA believes that this final rule will help further protect human health and the environment from chemical hazards through advancement of process safety based on lessons learned. These amendments seek to improve chemical process safety; assist in planning, preparedness, and response to Risk Management Program-reportable accidents; and improve public awareness of chemical hazards at regulated sources. While many of the provisions of this final rule reinforce each other, it is EPA's intent that each one is merited on its own, and thus severable. This rule is effective 10 May 2024. POC is Deanne Gant, Office of Emergency Management, EPA, 1200 Pennsylvania Avenue NW Washington, DC 20460; tele: 202-564-1096; email: grant.deanne@epa.gov. (Federal Register 11 March 2024 [Rule] Pages 17622-17692)
Mar 13, 2024
USFWS designate critical habitat for the Florida bonneted bat (Eumops floridanus) under the ESA. In total, approximately 1,160,625 acres (469,688 hectares) in 13 Florida counties fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to this species' critical habitat. This rule is effective 8 April 2024. POC is Lourdes Mena, Classification and Recovery Division Manager, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256; tele (352) 749–2462. (Federal Register 7 March 2023 [Rule] Pages 16624-16681)
Mar 06, 2024
Based on the Environmental Protection Agency's (EPA's) reconsideration of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is revising the primary annual PM2.5 standard by lowering the level from 12.0 µg/m3 to 9.0 µg/m3. The Agency is retaining the current primary 24-hour PM2.5 standard and the primary 24-hour PM10 standard. The Agency also is not changing the secondary 24-hour PM2.5 standard, secondary annual PM2.5 standard, and secondary 24-hour PM10 standard at this time. The EPA is also finalizing revisions to other key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. This final rule is effective 6 May 2024. POC is Dr. Lars Perlmutt, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S. EPA, Mail Code C539–04, Research Triangle Park, NC 27711; tele: (919) 541–3037; email: perlmutt.lars@epa.gov. (Federal Register 6 March 2024 [Rule] Pages 16202-16406)
Mar 05, 2024
USFWS is removing the Florida golden aster (Chrysopsis floridana), a short-lived perennial, from the Federal List of Endangered and Threatened Plants (List) due to recovery. Their review indicates that the threats to the species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of an endangered or threatened species under the ESA. Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species. This rule is effective 4 April 2024.POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Jacksonville, FL 32256; tele 904–731–3336. (Federal Register 5 March 2024 [Rule] Pages 15763-15779)
Mar 04, 2024
PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials. This final rule is effective on 3 April 2024. POC is Steven Andrews, 202–366–8553, Office of Hazardous Materials Standards, 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 4 March 2024 [Rule] Pages 15636-15668)
Feb 21, 2024
NMFS is issuing a final rule to list the Atlantic humpback dolphin (Sousa teuszii) as endangered under ESA, in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita. They have reviewed the status of the Atlantic humpback dolphin, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since publication of the proposed rule. Based on all of this information, they have determined that the Atlantic humpback dolphin warrants listing as an endangered species. They will not designate critical habitat for this species, because the geographical areas occupied by this species are entirely outside U.S. jurisdiction. This final rule is effective 22 March 2024. POC is Heather Austin, NMFS Office of Protected Resources, Heather.Austin@noaa.gov, 301–427–8422. (Federal Register 21 February 2024 [Rule] Pages 12980-12986)
Feb 15, 2024
USFWS determine threatened species status under the ESA, for a subspecies of butterfly (Speyeria nokomis nokomis), a silverspot butterfly from Colorado, New Mexico, and Utah. They also finalized a rule issued under the authority of section 4(d) of the Act that provides measures that are necessary and advisable to provide for the conservation of this subspecies. They have determined that the designation of critical habitat is not prudent. This rule is effective 18 March 2024. POC is Nathan Darnall, Western Colorado Supervisor, USFWS, Colorado Ecological Services Field Office, 445 West Gunnison Avenue, Grand Junction, CO 81501; tele 970–628–7181. (Federal Register 15 February 2024 [Rule] Pages 11750-11772)
Feb 14, 2024
NMFS are listing the queen conch (Aliger gigas, formerly known as Strombus gigas) as a threatened species under the ESA. They have completed a review of the status of queen conch, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since the publication of the proposed rule. Based on all of this information, they determined that the queen conch is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. Thus, they are listing the queen conch as a threatened species under the ESA. At this time, they conclude that critical habitat is not yet determinable because data sufficient to perform the required analysis are lacking; any critical habitat designation would be proposed in a separate, future rulemaking. This final rule is effective on 15 March 2024. Orian Tzadik, NMFS Southeast Regional Office, (813) 906–0353–C; or Orian.Tzadik@noaa.gov. (Federal Register 14 February 2024 [Rule] Pages 11208-11226)
Jan 31, 2024
This action announces the Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 93 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 30 January 2024. POC is Teresa Wells, Technical Support Branch, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, OH 45268; tele: (513) 569–7128; email: wells.teresa@epa.gov. (Federal Register 30 January 2024 [Rule] Pages 5773-5794)
Jan 02, 2024
NMFS, designate critical habitat for the threatened Nassau grouper (Epinephelus striatus) pursuant to section 4 of the ESA. Specific areas designated as critical habitat contain approximately 2,384.67 sq. kilometers (km) (920.73 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 critical habitat designation, as well as all public comments that were received. This rule becomes effective 1 February 2024. POC is Orian Tzadik, NMFS Southeast Region, Orian.Tzadik@noaa.gov, 813–906–0353. (Federal Register 2 January 2024 [Final] pages 126-176)
Dec 28, 2023
The U.S. Fish and Wildlife Service (Service) determines endangered species status under the Endangered Species Act of 1973 (Act), as amended, for the black-capped petrel ( Pterodroma hasitata), a pelagic seabird species that nests on the island of Hispaniola and spends the rest of its life at sea. The species forages in high concentration off the coast of North Carolina; however, the marine range extends across much of the western Atlantic (Nova Scotia to Venezuela) and into the Caribbean Sea and northern Gulf of Mexico. This rule extends the protections of the Act to the black-capped petrel. This rule is effective 29 January 2024. POC is Jose Cruz-Burgos, Fish and Wildlife Biologist, USFWS, Caribbean Ecological Services Field Office, tele: 786-244-0081 email: Caribbean_es@fws.gov. (Federal Register 28 December 2023 [Rule] Pages 89611-89626)
Dec 06, 2023
Because the EPA received adverse comment on eight amendments in the direct final rule published on 9 August 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule. This correction is effective 7 December 2023. POC is Brian Knieser, EPA, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov). (Federal Register 6 December 2023 [Rule] Pages 84710-84713)
Dec 01, 2023
USFWS determine threatened species status under the ESA, for the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) occurring in the contiguous United States. This rule adds the contiguous U.S. DPS of the North American wolverine to the Federal List of Endangered and Threatened Wildlife. They are also issuing an interim rule under the authority of section 4(d) of the Act (an "interim 4(d) rule") that provides the prohibitions, and exceptions to those prohibitions, necessary and advisable for the conservation of the contiguous U.S. DPS of the North American wolverine. This rule is effective 2 January 2024. POC is Jodi Bush, USFWS, Pacific Region, 911 NE 11th Ave., Portland, OR 97232; tele: (503) 231–6131. (Federal Register 30 November 2023 [Rule] Pages 83726-83772)
Nov 29, 2023
EPA is finalizing amendments to the NSPS for secondary lead smelters pursuant to the periodic review required by the CAA. Specifically, the EPA is finalizing revisions to the NSPS that applies to affected secondary lead smelters constructed, reconstructed, or modified after 1 December 2022 (NSPS subpart La). The EPA is also finalizing amendments to the NSPS for secondary lead smelters constructed, reconstructed, or modified after 11 June 1973, and on or before 1 December 2022, (NSPS subpart L). In addition, we are finalizing the use of EPA Method 22 (Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares) as an alternative for demonstrating compliance with the opacity limit. This final rule is effective on 20 November 2023. POC is Amber Wright, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; tele: (919) 541–4680; email: wright.amber@epa.gov. (Federal Register 20 November 2023 [Rule] Pages 80594-80617)
Nov 08, 2023
USFWS establish a nonessential experimental population (NEP) of the gray wolf (Canis lupus) in the State of Colorado, under the ESA. The State of Colorado (Colorado Parks and Wildlife or CPW) requested that the Service establish an NEP in conjunction with their State-led gray wolf reintroduction effort. Establishment of this NEP provides for allowable, legal, purposeful, and incidental taking of the gray wolf within a defined NEP area while concurrently providing for the conservation of the species. The geographic boundary of the NEP is the entire State of Colorado. The best available data indicate that reintroduction of the gray wolf into Colorado is biologically feasible and will promote the conservation of the species. This rule is effective 8 December 2023. POC is Liisa Niva, Acting Field Supervisor, U.S. Fish and Wildlife Service, Colorado Ecological Services Field Office, 134 Union Boulevard, Suite 670, Lakewood, CO 80228; tele 303–236–4773. (Federal Registration 8 November 2023 [Rule] Pages 77014-77039)
USFWS are removing the plants island bedstraw (Galium buxifolium) and Santa Cruz Island dudleya (Dudleya nesiotica) from the Federal List of Endangered and Threatened Plants on the basis of recovery. Both of these native plant species occur in the Channel Islands National Park off the coast of California. This final rule is based on their review of the best available scientific and commercial data, which indicates that the threats to island bedstraw and Santa Cruz Island dudleya have been eliminated or reduced to the point that these species have recovered and no longer meet the definition of an endangered or threatened species under the ESA. This rule is effective 7 December 2023. POC is Stephen P. Henry, Field Supervisor, USFWS, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; tele 805–644–1766. (Federal Register 7 November 2023 [Rule] Pages 76679-76696)
Nov 03, 2023
USFWS are issuing this final rule to comply with a district court order that vacated their 3 November 2020, rule removing the gray wolf (Canis lupus) from the ESA. As a result of the court's order, the regulatory protections under the ESA, apply to the gray wolf in all or portions of the 45 U.S. States and Mexico where the species was listed at the time they issued the delisting rule. The court order went into effect on 10 February 2022. Thus, this final rule implements the court's order by correcting the CFR and officially reinstating threatened status for gray wolf in Minnesota; endangered status for gray wolf in all or portions of the remaining 44 U.S. States and Mexico where the species was listed prior to our November 2020 delisting rule; critical habitat for gray wolf in Minnesota and Michigan; and the rule promulgated under section 4(d) of the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, Wyoming, the eastern third of Washington and Oregon, and north-central Utah (collectively, the Northern Rocky Mountains) retain their delisted status and are not affected by this final rule. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. This action is effective 3 November 2023. POC is Rachel London , USFWS, Headquarters Office, MS:ES, 5275, Leesburg Pike, Falls Church, VA 22041–3803; tele (703) 358–2491.
Nov 01, 2023
USFWS are reclassifying Mitracarpus polycladus (a plant, no common name) from endangered to threatened (downlist) under the ESA. This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so 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 1 December 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: (786) 244–0081. (Federal Register 1 November 2023 [Rule] Pages 74890-74907)
Oct 31, 2023
EPA is adding 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. These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern. 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. EPA is removing 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 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 to better inform any TRI reporting obligations. This final rule is effective 30 November 2023 and shall apply for the reporting year beginning 1 January 2024 (reports due 1 July 2025). POC is Daniel R. Ruedy, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 564–7974; email: ruedy.daniel@epa.gov. (Federal Register 31 October 2023 [Rule] 74360-74368)
Oct 30, 2023
EPA is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking restricts the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establishes a process for submitting technology transitions petitions; establishes recordkeeping and reporting requirements; and addresses certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. These restrictions on the use of hydrofluorocarbons address petitions granted on 7 October 2021, and 19 September 2022. This rule is effective 26 December 2023. POC is Allison Cain, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–564–1566; email:cain.allison@epa.gov. (Federal Register 24 October 2023 [Rule] Pages 73098-73212) (Federal Register 24 October 2023 [Rule] Pages 73098-73212)
Oct 25, 2023
In this action, the Administrator finds that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of the Clean Air Act. The Administrator also finds 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 the Clean Air Act. These findings are effective on 20 November 2023. POC is Ken Davidson, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency; tele: (415) 972–3633; email: davidson.ken@epa.gov. (Federal Register 20 October 2023 [Rule] Pages 72372-72404)
Oct 17, 2023
USFWS removing 21 species from the Federal List of Endangered and Threatened Wildlife due to extinction. This action is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the ESA. Check the federal register for list of delisted species and associated POCs. This rule is effective 16 November 2023. (Federal Register 17 October 2023 [Rule] Pages 71644-71682)
USFWS are removing Nelson's checker-mallow (Sidalcea nelsoniana) from the Federal List of Endangered and Threatened Plants. Our review of the best available scientific and commercial data indicates that the threats to Nelson's checker-mallow have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species under the ESA. This rule is effective 16 November 2023. POC is Kessina Lee, Project Leader, USFWS, Oregon Fish and Wildlife Office, 2600 SE 98th Ave., Suite 100, Portland, OR 97266; tele: 503–231–6179. (Federal Register 17 October 2023 [Rule] Pages 71491-71504)
Oct 12, 2023
In this final action, the EPA is amending its reformulated gasoline (RFG) regulations to reflect the reclassification of several ozone nonattainment areas as Severe for the 2008 ozone national ambient air quality standard (NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas), the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and the Eastern Kern County, CA area (Eastern Kern). The reclassification of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was effective on November 7, 2022, and results in the prohibition of the sale of conventional gasoline throughout the entire nonattainment area under the Clean Air Act (CAA) on 7 November 2023. Similarly, the reclassification of the Eastern Kern area was effective on 7 July 2021, and the Federal RFG requirement applied to the area on 7 July 2022. This final rule is effective 13 November 2023. POC is Mark Coryell, Office of Transportation and Air Quality, EPA, 2000 Traverwood, Ann Arbor, MI 48105; email: coryell.mark@epa.gov. (Federal Register 12 October 2023 [Rule] Pages 70602-70605)
Oct 11, 2023
The EPA is finalizing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA is requiring persons that manufacture (including import) or have manufactured these chemical substances in any year since 1 January 2011, to submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects. In addition to fulfilling statutory obligations under TSCA, this rule will enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States. This final rule is effective on 13 November 2023. POC is Alie Muneer, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 564–6369; email: muneer.alie@epa.gov. (Federal Register 11 October 2023 [Rule] Pages 70516-70559) .
Oct 05, 2023
USFWS determine endangered species status under the ESA for the Lassics lupine (Lupinus constancei), a plant species native to northern California. They also designated critical habitat for the species. In total, approximately 512 acres (207 hectares) in Humboldt and Trinity Counties, California, fall within the boundaries of the critical habitat designation. This rule extends the protections of the Act to this species and its designated critical habitat. This rule is effective 6 November 2023. POC is Tanya Sommer, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707–822–7201. (Federal Register 5 October 2023 [Rule] Pages 69074-69098)
USFWS are revising the regulations for the nonessential experimental population of the black-footed ferret (Mustela nigripes; ferret) in Arizona. They established the Aubrey Valley Experimental Population Area (AVEPA) in 1996 in accordance with section 10(j) of the ESA. This rule allows the introduction of ferrets across a larger landscape as part of a nonessential experimental population and includes the AVEPA within a larger "Southwest Experimental Population Area" (SWEPA), which includes parts of Arizona and identified contiguous Tribal lands in New Mexico and Utah. This revision provides a framework for establishing and managing reintroduced populations of ferrets that will allow greater management flexibility and increased landowner and manager cooperation. The best available data indicate that additional reintroductions of the ferret into more widely distributed habitat in the SWEPA is feasible and will promote the conservation of the species. This rule is effective 6 November 2023. POC is Heather Whitlaw, Field Supervisor, Phone: 602–242–0210. Direct all questions or requests for additional information to: BLACK-FOOTED FERRET QUESTIONS, U.S. Fish and Wildlife Service, Arizona Ecological Services Office, 9828 North 31st Avenue, Suite C3, Phoenix, AZ 85051. (Federal Register 5 October 2023 [Rule] Pages 69045-69073)
Sep 27, 2023
Following careful reconsideration of the water quality certification rule the EPA is finalizing a rule revising and replacing the 2020 regulatory requirements for water quality certification under CWA section 401. This final rule updates the existing regulations to better align with the statutory text and purpose of the CWA; to clarify, reinforce, and provide a measure of consistency with elements of section 401 certification practice that have evolved over the more than 50 years since EPA first promulgated water quality certification regulations; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. An Executive order signed on January 20, 2021, entitled "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," directed the Agency to review the water quality certification rule EPA promulgated in 2020, and this final rule culminates that review. The Agency is also finalizing conforming amendments to the water quality certification regulations for EPA-issued NPDES permits. This action is effective on 27 November 2023. POC is Lauren Kasparek, Office of Water (4504–T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202–564–3351; email: cwa401@epa.gov. (Federal Register 27 September 2023 [Final] Pages 66558-66666)
Sep 11, 2023
The Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") are amending the Code of Federal Regulations (CFR) to conform the definition of "waters of the United States" to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of "waters of the United States" that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision. This final rule is effective on 8 September 2023. POC is Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564–2281; email: CWAwotus@epa.gov. citation(Federal Register 8 September 2023 [Rule] Pages 61964-61969)
Sep 01, 2023
PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on 24 July 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or 30 June 2025. This final rule is effective on 31 October 2023. POC is Alexander Wolcott, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, (202) 366–8553, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. (Federal Register 31 October 2023 [Rule] Pages 60356-60375)
Aug 31, 2023
EPA is finalizing an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste under implementing regulations for PCB-related authority in the TSCA. These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. EPA is finalizing several other amendments to the PCB regulations, including the amendment of the performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations; harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations. This rule is effective 26 February 2024. POC is Jennifer McLeod, Program Implementation and Information Division, Office of Resource Conservation and Recovery, (202) 566–0384; email address: mcleod.jennifer@epa.gov. (Federal Register 29 August 2023 [Rule] Pages 59662-59696)
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