In accordance with a January 20, 2017, directive from the White House, the EPA has released a final rule temporarily delaying the effective dates of the 30 environmental regulations.
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Issued by Reince Priebus, President Trump’s chief of staff, the directive instructs all executive branch departments and agencies to temporarily postpone for 60 days the effective dates of all regulations that had been published in the FR but had not yet taken effect.
According to the final rule, which will be published in the January 26, 2017, FR, the delay will be effective until March 21, 2017. The effective dates of the rules range from January to March. Given the imminence of these dates, the rule was issued without an opportunity for public comment because doing so would be “contrary to the public interest in the orderly promulgation and implementation of regulations,” says the EPA.
The EPA adds that, where appropriate, it may consider delaying the effective dates of the regulations beyond March 21, 2017. If the Agency were to do so, it would propose any later effective date for public comment.
The 30 rules and the dates they were published in the FR listed below. Rules of national significance are bolded.
- Kentucky underground injection control (UIC) program; primacy approval—10/28/16.
- Approval and promulgation of New York’s Prevention of Significant Deterioration of air quality and nonattainment New Source Review; infrastructure state implementation plan (SIP) requirements—12/27/16.
- Air plan approval; Kentucky; reasonably available control measures (RACMs); determination for the Kentucky portion of the Louisville area 1997 annual PM2.5—12/27/16.
- Air plan approval; Wisconsin; infrastructure SIP requirements for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS)—12/27/16.
- Approval and promulgation of implementation plans and designation of areas for air quality planning purposes; Louisiana; redesignation of Baton Rouge 2008 8hour ozone nonattainment area to attainment—12/27/16.
- State of Kentucky UIC Class II program; primacy approval—12/28/16.
- Air plan approval; Illinois; volatile organic compounds definition—12/28/16.
- Approval of California air plan revisions, Great Basin Unified Air Pollution Control District—12/28/16.
- Approval of California air plan revisions, South Coast Air Quality Management District—12/28/16.
- Partial approval and partial disapproval of attainment plan for the Idaho portion of the Logan, Utah/Idaho PM2.5 nonattainment area—1/4/17.
- Addition of a subsurface intrusion component to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazard ranking system—1/9/17.
- Approval and promulgation of implementation plans; Rhode Island; Clean Air Act infrastructure state and federal implementation plans—1/9/17.
- Renewable Fuel Standard Program: standards for 2017 and biomassbased diesel volume for 2018—12/12/16.
- Formaldehyde emissions standards for composite wood products—12/12/16.
- Approval and promulgation of implementation plans; Texas; control of air pollution from visible emissions and particulate matter—1/11/17.
- Determination of attainment of the 2012 annual fine particulate matter standard; Pennsylvania; Delaware County nonattainment area—12/13/16.
- Air plan approval; Tennessee infrastructure requirements for the 2010 nitrogen dioxide (NO2) NAAQS—1/12/17.
- Approval and promulgation of implementation plans; Alabama; infrastructure requirements for the 2010 sulfur dioxide NAAQS—1/12/17.
- Revisions to the Guideline on Air Quality Models: enhancements to the AERMOD dispersion modeling system and incorporation of approaches to address ozone and fine particulate matter—1/17/17.
- Air plan approval; Michigan; part 9; miscellaneous rules—12/19/16.
- National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: partial deletion of the North Penn Area 6 Superfund Site—12/23/16.
- Determination of attainment of the 2008 ozone NAAQS; Mariposa County, California—12/21/16.
- Adequacy of Washington municipal solid waste landfill permit program; direct final rule—11/28/16.
- Approval and promulgation of implementation plans; Louisiana; State Boards—12/28/16.
- Pesticides; certification of pesticide applicators—1/4/17.
- Air plan approval; Georgia: procedures for testing and monitoring sources of air pollutants—1/5/17.
- Consolidated rules of practice governing the administrative assessment of civil penalties, issuance of compliance or corrective action orders, and the revocation/termination or suspension of permits; procedures for decision making—1/9/17.
- Approval of Arizona air plan revisions; Ajo and Morenci, Arizona; second 10year sulfur dioxide maintenance plans and technical correction—1/9/17.
- Accidental Release Prevention Requirements: risk management programs under the Clean Air Act—1/13/17.
- Revisions to national emissions standards for radon emissions from operating mill tailings—1/17/17.
The prepublication version of the final delay-of-effective-dates rule is at here.