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Agency Rulemaking Highlights
Notable ActionsPFAS Regulations
The Environmental Protection Agency (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 and the Pollution Prevention Act. EPA also addresses how PFAS categories should be treated and discusses what events may trigger the automatic addition of a PFAS to the TRI. Comments due December 9.
Vessel Incidental Discharge Standards
EPA issued a final rule 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 large vessels into the waters of the United States or the waters of the contiguous zone. Effective November 8, but the new standards will not be implemented for up to two years while the U.S. Coast Guard develops and issues corresponding regulations addressing implementation, compliance, and enforcement.
Energy Conservation Standards for Clothes Dryers
The Department of Energy (DOE) confirmed the effective and compliance dates of the amended energy conservation standards for consumer clothes dryers that DOE established in a direct final rule published in March 2024. DOE also clarifies the introductory notes to the appendices for the consumer dryer test procedure to conform with the amended standards. The March direct final rule is effective July 10, 2024.
Securing the Border
The Department of Homeland Security and Department of Justice issued a final rule to respond to public comments received on the interim final rule published in June 2024 that addresses historic levels of migration and processes migrants arriving at the southern border of the U.S. during emergency border circumstances. The final rule also makes certain revisions to the regulatory text, and seeks comment on potential changes to the Circumvention of Lawful Pathways rule as well as changes that parallel modifications made by the subsequent Proclamation. Effective October 1.
Medical Debt Collection Practices
The Consumer Financial Protection Bureau issued an advisory opinion highlighting the obligation to comply with the Fair Debt Collection Practices Act and Regulation F’s prohibition on false, deceptive, or misleading representations regarding the collection of any medical debt, as well as unfair means to collect any medical debts. Applicable as of December 3.
Medicare Program Updates
The Centers for Medicare and Medicaid Services issued an interim final action with comment period implementing revised Medicare wage index values, establishing transitional payment exceptions for low wage hospitals particularly affected by the revised wage index values, and making conforming changes to the hospital Inpatient Prospective Payment System payment rates for FY 2025. These changes follow an appellate court decision to remove the low wage index hospital policy. Effective September 30, with comments due November 29.
Safety Standard for Infant Bath Seats
The Consumer Product Safety Commission published a direct final rule updating the consumer product safety standards for infant bath seats to incorporate by reference global safety standard updates. Comments due November 8. If no adverse comments are received, effective January 4, 2025.
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