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Agency Rulemaking Highlights
Notable ActionsNon-Compete Clause Rule
The Federal Trade Commission issued a final rule to adopt a comprehensive ban on new non-competes with all workers. The rule provides that it is an unfair method of competition for employers to enter into non-compete clauses with any workers on or after the effective date. Existing non-compete clauses for senior executives can remain in force. Effective September 4.
PFAS Designation under Superfund
The Environmental Protection Agency (EPA) issued a final rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. Effective July 8.
National Emissions Standards for Hazardous Air Pollutants
EPA issued two final rules related to the national emissions standards for hazardous air pollutants. The first amends standards for the coal- and oil-fired utility steam generators source category. The rule amends filterable particulate matter standards, compliance demonstration requirements, and mercury emission standards. The second rule amends requirements for gasoline distribution technology and facilities to reflect technological developments, revise emissions standards during periods of startup, shutdown, and malfunction, require electronic reporting, and revise monitoring requirements. Both rules effective July 8.
Methylene Chloride Regulation under the Toxic Substances Control Act
EPA issued a final rule that prohibits the manufacture, processing, and distribution of methylene chloride for consumers and most industrial and commercial uses and requires workplace chemical protection programs for some conditional uses of the chemical. The rule allows for a transition period and a time-limited exemption for critical or essential uses of the chemical when no feasible safer alternatives are available. Effective July 8.
Nondiscrimination in Health Programs and Activities
The Department of Health and Human Services issued a final rule to prohibit discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities, including Medicaid, the Children’s Health Insurance Program (CHIP), Programs for All-Inclusive Care for the Elderly, and other programs. Effective July 5.
Eligibility of DACA Recipients for Qualified Health Plans
The Centers for Medicare & Medicaid Services issued a final rule to include Deferred Action for Childhood Arrivals recipients and other non-citizens in the definition of “lawfully present” used to determine eligibility for a Qualified Health Plan through an Exchange, a Basic Health Program, and CHIPs. Effective November 1.
Laboratory Developed Tests
The Food and Drug Administration (FDA) issued a final rule that will classify in vitro diagnostic products (IVDs) as medical devices, including those manufactured in a laboratory. The rule will phase out FDA’s general enforcement discretion approach for laboratory developed tests so that all IVDs will generally fall under the same enforcement approach. Effective July 5.
Energy Conservation Standards
The Department of Energy (DOE) took three actions related to energy conservation standards. First, DOE issued a final rule amending standards for consumer water heaters. Effective July 5. The second and third actions relate to standards for miscellaneous refrigeration products. DOE issued a direct final rule to amend standards for these products. Effective September 4. DOE also issued a notice of proposed rulemaking to solicit comments on standards identical to those in the direct final rule. Comments due August 26.
Disposal of Coal Ash from Electric Utilities
EPA issued a final rule to enact national minimum criteria for coal combustion residual (CCR) landfills and surface impoundments. The rule sets requirements for both inactive and active CCR facilities. Effective November 4.
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