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Agency Rulemaking Highlights
Notable Actions
The Environmental Protection Agency (EPA) is proposing to revise the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act in January 2021. After receiving additional comments following the issuance of the 2021 PBT final rules, EPA determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures. Comments due January 8, 2024.
Medicare Program
The Centers for Medicare & Medicaid Services issued a final rule to revise the Medicare hospital outpatient prospective payment system (OPPS) and the Medicare Ambulatory Surgical Center (ASC) payment system for calendar year 2024 based on their continuing experience with these systems. The rule describes the changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system beginning January 1, 2024. Additionally, it updates and refines requirements for hospitals to make public their standard charge information and enforcement of hospital price transparency. Comments due January 1, 2024.
Benefit and Payment Parameters for 2025
The Department of Health and Human Services (HHS) and Department of the Treasury proposed a rule on payment parameters and provisions related to the HHS-operated risk adjustment program and 2025 user fee rates for issuers offering qualified health plans through exchanges on the federal platform. It includes proposed requirements related to the auto re-enrollment hierarchy; essential health benefits; failure to file and reconcile; non-standardized plan option limits and an exceptions process; standardized plan options; special enrollment periods; and direct enrollment entities. Comments due January 8, 2024.
Neonicotinoid Insecticides
EPA is seeking public comment on a petition received from the Public Employees for Environmental Responsibility and the American Bird Conservancy requesting that EPA initiate a rulemaking for neonicotinoid insecticides and other systemic insecticides. The petitioners are seeking an amendment of the existing regulations under the Federal Insecticide, Rodenticide, and Fungicide Act to require all applicants and registrants of neonicotinoid and other systemic insecticides to provide performance data in applications for registration and during registration review. Comments due January 23, 2024.
Standard for Determining Joint Employer Status
The National Labor Relations Board published a final rule on October 27, 2023 rescinding and replacing its rule regarding the standard for determining joint employer status under the National Labor Relations Act. This amendment changes the effective date from December 26, 2023 to February 26, 2024 in light of legal challenges that have been filed with respect to the rule.
Energy Credit for Energy Property
The Internal Revenue Service (IRS) is proposing to amend the energy credit for the taxable year in which eligible energy property is placed in service. IRS also withdraws and reproposes portions of previously proposed regulations regarding the increased energy credit amount available if prevailing wage and registered apprenticeship requirements are met. In connection with the Inflation Reduction Act, the proposed regulations among other things would update the types of energy property eligible for the energy credit, clarify the application of new credit transfer rules to the energy credit recapture rules, and include qualified interconnection costs in the basis of some lower-output energy properties. Comments due January 22, 2024. A public hearing is scheduled for February 20, 2024.
Risk-Based Capital Requirements
The Board of Governors of the Federal Reserve System issued a final rule to adopt risk-based capital requirements for depository institution holding companies that are significantly engaged in insurance activities. The rule also contains a risk-based capital requirement excluding insurance activities, in compliance with the Dodd-Frank Act. Effective January 1, 2024.
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| In the News
Governance & Politics
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Financial Markets & Housing
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Energy & Environment
- 1.5 Degrees: A Tiny Number With a Global Effect, Wall Street Journal
- Annual Climate Negotiations are About to Start. Do They Matter?, NPR
- As the Nation’s Largest Landlord Shifts its Priorities, Outrage Ensues in Wyoming, Washington Post
- As Groundwater Dwindles, Powerful Players Block Change, New York Times
- Why Does My ‘Efficient’ Dishwasher Take a Zillion Minutes for a Load?, Wall Street Journal
- Natural-Gas Pipelines Are Old. Will Regulators Let Utilities Invest in Them?, Wall Street Journal
- Bipartisan Senators Want to Take on ‘Forever Chemical’ Pollution. Environmental Activists are Wary, The Hill
- Still Concerned About the Dakota Access Pipeline? The Feds are Asking for Comment, 7 Years Later, Government Executive
- Where Do Plastic Bag Fees Go?, The Hill
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Transportation & Infrastructure
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