What we expect the EPA to do in May 2024
In this returning feature, AgencyIQ looks at public data to determine what the EPA is planning to do in the month ahead, including deadlines, meetings, events, planned regulations, comment periods, and more.
BY WALKER LIVINGSTON, ESQ | APR 25, 2024 5:24 PM CDT
What we expect to be talking about in May
- A continued surge in regulatory action. Late May will mark the beginning of the period where agency regulations can be subject to a Congressional Review Act (CRA) lookback resolution when the next Congress is seated in January. The EPA has been pushing to get regulations out prior to this date, and may continue to do so through the first part of May.
- TSCA risk management rules. The EPA is expected to finally unveil its methylene chloride risk management rule in late April or early May. The rule, which will be the first non-asbestos TSCA risk management rule to be finalized under the new review regime for existing chemicals, will set the tone for future regulations. The EPA is also expected to release proposed rules for n-methylpyrrolidone (NMP) and 1-bromopropane (1-BP) in the coming weeks or months.
- TSCA new chemicals procedural regulations. The EPA just finalized its procedures for risk evaluations under TSCA and is gearing up for another major regulation that would focus on new chemicals procedures. The rule was supposed to be released in April but appears to have been deprioritized, and will now be released at some point in the future.
Regulations and guidance under OIRA review as of May
- The White House’s Office of Information and Regulatory Affairs (OIRA) is the regulator of regulators, tasked with ensuring that all federal policies and regulations adhere to laws, existing regulations, federal policies and Presidential priorities. This is what OIRA is currently reviewing. (Note: If a link no longer works, it is likely because OIRA has since cleared the document.)
Regulations and guidance awaiting immediate publication in May
- The following documents have cleared review by the White House’s Office of Information and Regulatory Affairs (OIRA) and may be released by the FDA at any time. (Note: If a link no longer works, it is likely because OIRA has since deleted it.)
| Title | Type | Date Review Completed by OIRA | Legal Deadline |
| Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights | Final Rule | 4/23/2024 | n/a |
| Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments | Final Rule | 4/22/2024 | n/a |
| Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category | Final Rule | 4/19/2024 | n/a |
| Methylene Chloride (MC); Regulation Under the Toxic Substances Control Act (TSCA) | Final Rule | 4/18/2024 | 6/24/2022 |
| Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas System | Final Rule | 4/17/2024 | n/a |
Important comment periods closing in May
EPA and other government events planned for May
| Event | Date(s) | Event Type | EPA Staff |
| Advances in PFAS Destructive Technologies | 5/02/2024 | Webinar | Strategic Environmental Research and Development Program (SERDP) / Environmental Security Technology Certification Program (ESTCP) |
| Linkages between AOP key events with in vitro DNT assays: Examples of GABAergic and Glutamatergic modes of action | 5/02/2024 | Webinar | CompTox |
| Contaminant Fate in Wastewater Systems/Treatment Plants and Aerosolization | 5/08/2024 | Webinar | Office of Research and Development |
| Reducing PFAS in Products: Progress and Challenges | 5/08/2024 | Webinar | Pollution Prevention (P2) |
| Prescribed Burning and Smoke Management Planning | 5/15/2024 | Webinar | Tools & Resources |
| Advances in Sustainable Aviation Coatings | 5/16/2024 | Webinar | Strategic Environmental Research and Development Program (SERDP) / Environmental Security Technology Certification Program (ESTCP) |
| Technical Assistance for Lead | 5/21/2024 | Webinar | Small Drinking Water Systems (SDWS) |
| Understanding Extreme Weather Events: Impacts of Extreme Precipitation and the Urban Heat Island | 5/21/2024 | Webinar | Air, Climate, & Energy (ACE) Research |
| Coastal Dissolved Oxygen Dynamics and A Brief Introduction to the Hypoxia Task Force | 5/22/2024 | Webinar | Office of Water |
| Energy Efficiency, Electric Vehicles, Water Efficiency | 5/23/2024 | Webinar | Pollution Prevention (P2) |
| Radionuclide Cancer Risk Coefficients Review Panel Meeting | 5/29/2024 | Webinar | EPA Scientific Advisory Board |
| Fire Modeling and Mapping to Improve Decision Making | 5/30/2024 | Webinar | Strategic Environmental Research and Development Program (SERDP) / Environmental Security Technology Certification Program (ESTCP) |
Third-party events planned for May
| Event | Date(s) | Event Type | Organization |
| Better Biodegradable Vinyl Polymer Materials by Improving Radical Ring-Opening Polymerization (rROP) | 5/2/2024 | Webinar | American Chemical Society (ACS) |
| Responsible Care® & Sustainability Conference | 5/06 – 5/09/2024 | In-Person | American Chemistry Council (ACC) |
| National Pest Management Association: 2024 Women’s Forum | 5/07 – 5/09/2024 | In-Person | National Pest Management Association (NPMA) |
| National Pest Management Association: 2024 Workforce Summit | 5/09 – 5/10/2024 | In-Person | National Pest Management Association (NPMA) |
| Quality Management Framework | 5/13/2024 | Webinar | Personal Care Products Council (PCPC) |
| Critical Chemicals Procurement: How to Prepare for the Federal Governments Call 013 | 5/16/2024 | Webinar | Society of Chemical Manufacturers and Affiliates (SOCMA) |
| Exploring Thermal Mechanics in Polymeric Materials: Thermomechanical and Self-Healing Properties | 5/22/2024 | Webinar | American Chemical Society (ACS) |
Overdue and pending regulatory actions
- An important caveat: although these are the planned publications for these regulations, the EPA will often publish weeks or months late.
|
Rule Title and Stage |
RIN |
Status |
Expected Date |
|
Clean Water Act Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Correcting Civil Penalty Amounts in Title 40, Code of Federal Regulations (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Cyclic Aliphatic Bromide Cluster (HBCD); Regulation Under the Toxic Substances Control Act (TSCA) (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Federal Recreational Water Quality Criteria Applicable to Certain Waters in New York (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Flame Retardants; Significant New Use Rules for Certain Non-ongoing Uses (Final Rule Stage) |
On Time |
May 2024 |
|
|
National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review (Final Rule Stage) |
On Time |
May 2024 |
|
|
NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks Residual Risk Review, and NESHAP Coke Ovens: Pushing, Quenching, and Battery Stacks and NESHAP Coke Oven Batteries Technology Review (Final Rule Stage) |
On Time |
May 2024 |
|
|
Pesticides; Expansion of Crop Grouping Program (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Revisions to the EPA’s Privacy Act Regulations for Systems of Records Notices (Proposed Rule Stage) |
On Time |
May 2024 |
|
|
Federal Baseline Water Quality Standards for Indian Reservations (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas System (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Integrating e-Manifest With Exports and Other Manifest-related Reports, PCB Manifest Amendments, and Technical Corrections (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Market-Based Approaches Under the National Pollutant Discharge Elimination System (NPDES) Program (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing Residual Risk and Technology Review (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
NESHAP: Coal-and Oil-Fired Electric Utility Steam Generating Units-Review of the Residual Risk and Technology Review (Final Rule Stage) |
Past Due |
April 2024 |
|
|
NSPS for GHG Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired EGUs; Emission Guidelines for GHG Emissions From Existing Fossil Fuel-Fired EGUs; and Repeal of the ACE Rule (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
Pesticides; Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA) (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
Restoration of Inadvertently-Removed Exemption from the Requirements of FIFRA (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Trichloroethylene; Regulation Under the Toxic Substances Control Act (TSCA) (Proposed Rule Stage) |
Past Due |
April 2024 |
|
|
Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA) (Final Rule Stage) |
Past Due |
April 2024 |
|
|
Designating PFOA and PFOS as CERCLA Hazardous Substances (Final Rule Stage) |
Past Due |
March 2024 |
|
|
Methylene Chloride (MC); Regulation Under the Toxic Substances Control Act (TSCA) (Final Rule Stage) |
Past Due |
March 2024 |
|
|
National Primary Drinking Water Regulations: Consumer Confidence Report Rule Revisions (Final Rule Stage) |
Past Due |
March 2024 |
|
|
National Volatile Organic Compound Emission Standards for Aerosol Coatings Amendments (Final Rule Stage) |
Past Due |
March 2024 |
|
|
NSPS for the Synthetic Organic Chemical Manufacturing Industry and NESHAP for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry (Final Rule Stage) |
Past Due |
March 2024 |
|
|
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review (Final Rule Stage) |
Past Due |
March 2024 |
|
|
Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (Final Rule Stage) |
Past Due |
March 2024 |
|
|
Federal Selenium Criteria for Aquatic Life and Aquatic-Dependent Wildlife Applicable to California (Final Rule Stage) |
Past Due |
February 2024 |
|
|
Fuels Regulatory Streamlining Technical Amendments Rulemaking (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
General Revisions to Part 75 Emissions Monitoring and Reporting Requirements, Acid Rain Program Auction and Administrative Provisions, and Mercury and Air Toxics Standards Electronic Reporting (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA) (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
National Emission Standards for Hazardous Air Pollutants: Reciprocating Internal Combustion Engines and New Source Performance Standards: Internal Combustion Engines; Electronic Reporting (Final Rule Stage) |
Past Due |
February 2024 |
|
|
National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (Final Rule Stage) |
Past Due |
February 2024 |
|
|
NESHAP for the Gasoline Distribution Source Category (40 CFR Part 63, Subparts R and BBBBBB) and NSPS for Bulk Gasoline Terminals (40 CFR 60 Subpart XX) Review (Final Rule Stage) |
Past Due |
February 2024 |
|
|
Test Methods and Procedures for Air Emission Sources (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
Updates to the RCRA Hazardous Waste Permitting Regulations and Other Technical Corrections (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
Potential Emergency Planning and Community Right-to-Know Act Animal Waste Reporting Rule (Prerule Stage) |
Past Due |
February 2024 |
|
|
Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations (Final Rule Stage) |
Past Due |
February 2024 |
|
|
Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) (Proposed Rule Stage) |
Past Due |
February 2024 |
|
|
1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA) (Proposed Rule Stage) |
Past Due |
January 2024 |
|
|
Protection of Stratospheric Ozone: Listing of Substitutes under the Significant New Alternatives Policy Program in Commercial and Industrial Refrigeration (Final Rule Stage) |
Past Due |
January 2024 |
|
|
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting (Proposed Rule Stage) |
Past Due |
December 2023 |
|
|
Revision and Promulgation of Implementation Plans; Texas; Regional Haze FIP; Disapproval and Error Correction; Denial of Reconsideration of Provisions Governing Alternative to Source-Specific BART (Final Rule Stage) |
Past Due |
December 2023 |
|
|
Water System Restructuring Assessment Rule (Proposed Rule Stage) |
Past Due |
December 2023 |
|
|
Certain Solvents; Significant New Use Rule for Certain Non-ongoing Uses (Proposed Rule Stage) |
Past Due |
November 2023 |
|
|
Other Chemical Substances Undergoing TSCA Section 6 Risk Evaluation; Significant New Use Rule for Certain Non-ongoing Uses (Proposed Rule Stage) |
Past Due |
November 2023 |
|
|
Phthalates; Significant New Use Rule for Certain Non-ongoing Uses (Proposed Rule Stage) |
Past Due |
November 2023 |
To contact the author of this analysis, please email Walker Livingston ( wlivingston@agencyiq.com).
To contact the editor of this analysis, please email Chelsey McIntyre ( cmcintyre@agencyiq.com).