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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

EPA’s Fall 2023 Regulatory Agenda released

December 7, 2023

The Environmental Protection Agency’s (EPA’s) Fall 2023 Semiannual Agenda of Regulatory and Deregulatory Actions was released on December 7. The agenda shows the agency’s upcoming regulatory actions and where they are in the rulemaking process.

The agenda includes major updates, such as:

  • Finalizing a rule under the Clean Water Act by September 2024 to require facilities near navigable water that store listed hazardous substances above a threshold amount to prepare facility response plans and implement response training for spills;
  • Moving the Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles — Phase 3 rule to the final rule stage, with an expected publishing date in March 2024;
  • Proposing a rule in December 2023 that, if finalized, would list specific per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act, which would subject them to corrective action requirements at hazardous waste treatment, storage, and disposal facilities; and
  • Proposing a rule in April 2024 to clarify how water quality trading and other market-based approaches may be used by the National Pollutant Discharge Elimination System permitting authorities in permits to meet applicable water quality standards.

While you will want to review the entire agenda to learn about all the rulemakings on EPA’s docket, this article highlights just some of the major rules we are watching closely. Also, please note that the agenda dates reflect tentative dates by which the agency hopes to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication dateTitle
December 2023Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention
January 2024PFAS National Primary Drinking Water Regulation Rulemaking
March 2024Designating PFOA and PFOS as CERCLA Hazardous Substances
March 2024Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles — Phase 3
September 2024Clean Water Act Hazardous Substance Facility Response Plans
Proposed Rule Stage
Projected publication date of Notice of Proposed RulemakingTitle
December 2023Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents
December 2023Supplemental Air Plan Actions: Interstate Transport of Air Pollution for the 2015 8-hour Ozone NAAQS and Supplemental Federal "Good Neighbor Plan" Requirements for the 2015 8-hour Ozone NAAQS
February 2024Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
April 2024Market-Based Approaches Under the National Pollutant Discharge Elimination System (NPDES) Program
April 2024Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter
Pre-Rule Stage
Projected publication date or other actionTitle
February 2024 (End of Advanced Notice of Proposed Rulemaking comment period)Potential Emergency Planning and Community Right-to-Know Act Animal Waste Reporting Rule
April 2024 (Notice)Petition to Delist Stationary Combustion Turbines From the List of Categories of Major Sources of Hazardous Air Pollutants


Publish Date

December 7, 2023

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Industry News

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Related Topics

Water Programs

Air Programs

Governing Bodies

Environmental Protection Agency (EPA)

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