COP28 Underway in UAE. EPA aims to replace all lead pipes within 10 years.
COP28 Underway in UAE. EPA aims to replace all lead pipes within 10 years.

Regulation Digest
December 6, 2023
Vol. 12, No. 49
Editor: Nate Thompson
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Marketplace of Ideas
GW Regulatory Studies

- Podcast: New Goals, Old Tools: Broadening Participation, Steven Balla & Sarah Hay
AEI
Brookings Institution
Cato Institute
Will AI Cause Unemployment?, Jeffrey Miron
CAP
CEI
Ten Thousand Commandments 2023, Clyde Wayne Crews

Digital Trade and Data Governance Hub
Federalist Society
GAO
HBR
Heritage Foundation
Inst. for Policy Integrity
ITIF
Manhattan Institute
Mercatus Center
NBER
Regulating AI, Joao Guerreiro et al. 
Niskanen Center
Pew Trusts
R Street
Reason
Reg. & Governance
RFF
The Regulatory Review
From Regulation 1.0 to 2.0, Kara M. Stein
Yale JREG
The Remedy in SEC v. Jarkesy, Christopher J. Walker
American Action Forum

Agency Rulemaking Highlights


Notable Actions

Lead and Copper Rule Improvements
The Environmental Protection Agency (EPA) is proposing revisions to the National Primary Drinking Water Regulation for lead and copper under the Safe Drinking Water Act. The proposal would require water systems to replace all lead service lines, remove the lead trigger level, reduce the lead action level, and strengthen tap sampling procedures, along with simplifications relative to prior revisions. EPA’s proposal intends to address disproportionate impacts of lead in drinking water in different communities through the service line replacements and public education. Comments due February 5, 2024.
Enterprise Regulatory Capital Framework Amendments
The Federal Housing Finance Agency issued a final rule amending provisions in the Enterprise Regulatory Capital Framework for Fannie Mae and Freddie Mac. The rule modifies guarantees on commingled securities, multifamily mortgage exposures for government-subsidized properties, and derivatives and cleared transactions. The final rule did not adopt a proposal to calculate representative credit scores for single-family mortgages when multiple credit scores are present. Effective April 1, 2024.
Notification Requirements for Tenant Evictions
The Department of Housing and Urban Development is proposing a rule that would require public housing agencies and property owners to provide their tenants with at least 30 days written notification prior to commencing formal judicial eviction procedures for lease termination. These provisions would apply to tenants who reside in public housing or in properties receiving project-based rental assistance—including Section 8 assistance—-who face eviction for nonpayment of rent. Comments due January 30, 2024.
Safe Connections Act Modernizations
The Federal Communications Commission adopted a final rule related to improving access to communications services for survivors of domestic abuse and related crimes. The rule implements line separation provisions in the Safe Connections Act allowing survivors to separate a mobile line from an abuser. The rule also requires covered providers to adopt provisions that intend to protect the privacy of calls and text to hotlines, and it designates the Lifeline program to support emergency communications service for survivors who are pursuing line separation and experiencing financial hardship. Effective January 14, 2024.
Removing Affirmative Defense Provisions from NESHAP
EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the oil and gas industry that would remove the affirmative defense provisions for two source categories, as a result of legal action from the D.C. Circuit Court. The existing provisions allow owners and operators to assert an affirmative defense to civil penalties for violations caused by malfunctions of air pollution control processes or equipment. Under the proposal, EPA would return to using its case-by-case enforcement discretion to provide flexibility, as appropriate. Comments due January 16, 2024.
Corporate Governance and Risk Management Standards
The Federal Deposit Insurance Corporation (FDIC) is extending the comment period for a proposed rule that would issue guidelines to FDIC’s standards for safety and soundness regulations and make conforming amendments to its regulations. The guidelines would apply to several categories of entities with total consolidated assets of $10 billion or more. Comments now due February 9, 2024. 
The George Washington University
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