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Agency Rulemaking Highlights
Notable ActionsListing of Certain PFAS as Hazardous Constituents
The Environmental Protection Agency (EPA) proposes to add nine specific per-and polyfluoroalkyl substances (PFAS) to the list of hazardous constituents, under the Resource Conservation and Recovery Act (RCRA). To be listed as hazardous constituents, EPA criteria require that scientific studies show the substances have toxic, carcinogenic, mutagenic, or teratogenic effects. If added to the list, PFAS would be among hazardous constituents identified for consideration in RCRA facility assessments. Comments due April 8.
Definition of Hazardous Waste Applicable to Corrective Action
EPA proposes to amend the definition of hazardous waste applicable to corrective action to address releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities. The proposed rule also includes amendments that provide clear regulatory authority to fully implement the RCRA requirement that permitted facilities conduct corrective action to address any substance that qualifies as hazardous waste. Comments due March 11.
Energy Conservation Standards for Consumer Conventional Cooking Products
The Department of Energy issued a direct final rule and a notice of proposed rulemaking regarding energy conservation standards for conventional cooking tops and conventional ovens. Comments on the proposed rule are due June 3. The direct final rule will be effective June 13 if no adverse comments are received by June 3.
Electronic Exchange of Health Care Data
The Centers for Medicare & Medicaid Services issued a final rule that will increase health information data exchange and streamline prior authorization processes for Medicare Advantage organizations, state Medicaid fee-for-service programs, state Children's Health Insurance Program FFS programs, Medicaid managed care plans, CHIP managed care entities, and Qualified Health Plan issuers on the Federally-facilitated Exchanges. The rule would also add new measures for some hospitals to report under the Medicare Promoting Interoperability program and Merit-Based Incentive Payment System. Effective April 8.
Disability or Death Benefit Claims for Exposure to Herbicides
The Department of Veterans Affairs issued a proposed rule that would amend adjudication regulations related to exposure to certain herbicide agents to include the offshore waters of the Republic of Vietnam, expand the date range for presumption of exposure in the Korean Demilitarized Zone, and establish benefits for children of certain Veterans who served in Thailand. The proposed rule would also codify presumption of exposure procedures to certain herbicide agents outside of Vietnam, searching for payees for class action settlement payments for Nehmer v. U.S. Department of Veterans Affairs, and implements certain provisions of the PACT Act. Comments due April 12.
Data Breach Reporting Requirements
The Federal Communications Commission issued a final rule that would modify the Commission’s data breach notification rules to ensure that telecommunications providers – including those that provide interconnected Voice over Internet Protocol, and telecommunications relay services – offer tools to customers in the event their data is compromised. Effective March 13.
Processing of Department of the Army Permits
The Army Corps of Engineers (Corps) is proposing to amend its regulations for the processing of permit applications to improve consistency between the procedures used to comply with the National Historic Preservation Act (NHPA) and its implementing regulations. If finalized, the Corps would instead follow the NHPA's implementing regulations, relying on the flexibility in those regulations for federal agency compliance with the steps of review. Comments due April 9.
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| In the News
Governance & Politics
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Financial Markets & Housing
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Energy & Environment
- Why the Cost of Biden’s Climate Law Keeps Going Up, New York Times
- Gas Stoves, Dishwashers and Dryers—the Growing Energy Battle Over Appliances, Wall Street Journal
- The Plastics Industry Would Like a Word With Your Kids, Washington Post
- Biden Administration Preps Potential Largest Ever Federal Carbon-free Electricity Purchase, Government Executive
- US Solar Dominates New Build as Developers Widen Search, Reuters
- Navigating the Challenges of Regulating Puerto Rico's Shark Fisheries, Forbes
- Farmers Vent From Paris to Delhi Amid Threats to Their Income, Bloomberg
- Fired FirstEnergy Execs Indicted in $60 Million Ohio Bribery Scheme; Regulator Faces New Charges, Associated Press
- Utah is Pushing Back Against Ever-tightening EPA Air Pollution Standards, NPR
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Artificial Intelligence
- FCC Bans AI Voices in Unsolicited Robocalls, Wall Street Journal
- Feds Clamp Down on AI Robocalls, The Hill
- Families Using Re-created Voices of Gun Violence Victims to Call Lawmakers, Associated Press
- No New Agency Needed for AI Regulation, Lawmakers Say the Existing Framework Can Get it Done, Government Executive
- In Big Tech’s Backyard, California Lawmaker Unveils Landmark AI Bill, Washington Post
- Mayor Bowser Signs Order Outlining AI Plan for DC Government, The Hill
- Lawmakers and Regulators Race to Tackle AI’s Antitrust Risks, Forbes
- SEC’s Gensler Warns Public Companies Against Overblown AI Claims, Bloomberg
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Transportation & Infrastructure
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