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Agency Rulemaking Highlights
Notable ActionsGHG Emission Standards for Power Plants
The Environmental Protection Agency (EPA) issued a final rule to impose emission and performance standards for greenhouse gas (GHG) emissions from new, existing, modified, and reconstructed fossil fuel-fired electric generating units (EGUs). The rule repeals the Affordable Clean Energy rule, establishes GHG emission guidelines for existing fossil fuel-fired EGUs, and revises New Source Performance Standards for certain new, modified, and reconstructed EGUs. The rule does not finalize emission guidelines for existing fossil fuel-fired stationary combustion turbines, which will be addressed separately. Effective July 8.
GHG Reporting Rule
EPA issued a final rule to amend requirements for the petroleum and natural gas systems source category to ensure reporting is based on empirical data and accurately reflects total methane and waste emissions. The rule also amends some requirements that apply to general provisions and other source categories while establishing confidentiality determinations for some data. Effective January 1, 2025.
Effluent Limitations Guidelines for Power Plants
EPA issued a final rule to revise technology-based effluent limitations guidelines and standards for the steam electric power generating point source category on flue gas desulfurization wastewater, bottom ash transport water, legacy wastewater, and combustion residual leachate under the Clean Water Act. Effective July 8.
Air Pollutants Emission Standards for Copper Smelters
EPA issued a rule that finalizes the residual risk and technology review conducted for the Primary Copper Smelting major source category regulated under national emission standards for hazardous air pollutants (NESHAP) and the technology review for the area source NESHAP. The rule amends the major source NESHAP including a new particulate matter emission limit, finalizes emission standards for previously unregulated pollutants, establishes work practice standards, and adds a new emissions limit for lead and emissions control design standards. Effective May 13.
Medicare and Medicaid Updates
The Centers for Medicare & Medicaid Services issued three final rules related to Medicare and Medicaid programs. The first rule establishes minimum staffing standards for long term care facilities, as part of the Biden administration’s nursing home reform initiative. The rule requires a registered nurse (RN) to be onsite 24/7 and requires that facilities provide a minimum of 3.48 nurse staffing hours per resident day, split between RNs and nurse aides. Effective June 21.
The second rule addresses standards for timely access to care under Medicaid and Children’s Health Insurance Program (CHIP). The rule establishes a quality rating system for Medicaid and CHIP managed care plans, reduces state burdens for implementing state directed payments and quality reporting requirements, and specifies medical loss ratio requirements. Effective July 9.
The third rule, Ensuring Access to Medicaid Services, implements a comprehensive approach to improving access to care, quality, and health outcomes through the Medicaid program. The updates increase transparency, standardize data, and create opportunities for states to promote beneficiary engagement in Medicaid programs. Effective July 9.
Nondiscrimination on the Basis of Disability
The Department of Health and Human Services (HHS) issued a final rule to update and amend its regulations under Section 504 of the Rehabilitation Act of 1973. The rule adds provisions clarifying existing requirements that prohibit recipients of financial aid from HHS from discriminating on the basis of disability in their programs and activities, including in health care, child welfare, and other human services. The rule also updates the definition of disability to ensure consistency with the Americans with Disabilities Act, the Affordable Care Act, and relevant court cases. Effective July 8.
Foster Care Legal Representation
HHS issued a final rule to allow title IV-E agencies to claim federal financial participation for the administrative costs of providing legal representation in foster care proceedings to title IV-E agencies or other public agencies, children who are candidates for title IV-E foster care, the child’s parent(s), relative caregiver(s) or Indian custodian(s), and tribes. Effective July 9.
Renewable Energy Modernization Rule
The Department of the Interior issued a final rule to eliminate unnecessary requirements for the deployment of meteorological buoys, increase survey flexibility, improve project design and installation verification process, establish a public Renewable Energy Leasing Schedule, reform the renewable energy auction regulation, clarify safety management system regulations, and tailor financial assurance requirements and instruments. Effective July 15.
Automatic Emergency Braking Systems
The National Highway Traffic Safety Administration issued a final rule adopting a new Federal Motor Vehicle Safety Standard that requires automatic emergency braking (AEB) systems on light vehicles. AEB systems must detect and react to imminent crashes with both vehicles and pedestrians. Effective July 8.
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