Regulatory Item
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Rule Stage
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Signed
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Date in Federal Register
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Effective Date or Comment deadline
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Brief Summary
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National Emission Standards for Hazardous Air Pollutants: Phosphoric Acid Manufacturing
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Final Rule
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November 3, 2020
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Effective November 3, 2020
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Revised mercury MACT floor
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Once In, Always In
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Final Rule
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November 19, 2020
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Effective January 19, 2021
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Allows major sources to be reclassified at any time as area sources if they reduce potential emit below 10 tons per year of any specific pollutant and below 25 tons per year of any combination of pollutants
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Forest Service NEPA Compliance
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Final Rule
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November 19, 2020
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Effective November 19, 2020
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Adds new categorical exclusions and combines several pre-existing categories; adds a Determination of NEPA Adequacy so that prior analysis can cover similar subsequent actions
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Risk Assessment of EtO
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Draft Risk Assessment
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November 20, 2020
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Comments due January 19, 2021
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EPA's human health and/or ecological risk assessment is available for ethylene oxide
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PFAS Interim Strategy NPDES
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Interim Strategy
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November 22, 2020
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Recommends permit writers include PFAS phased-in monitoring and control requirements into permits (including MS4 and storm water) and continue to build information sharing capabilities for permit writers
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Procedures for Considering Environmental Impacts
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Notice of Proposed Rulemaking
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November 23, 2020
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Comments due December 23, 2020
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Codifying DOT Order 5610.1C, which outline department policy for complying with NEPA
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PSD and NNSR: Project Emissions Accounting
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Final Rule
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November 24, 2020
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Effective December 24, 2020
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To determine if project is a major modification: (1) will there be a significant increase or a decrease in emissions? (2) if yes, determine if there is a net increase in emissions
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CERCLA Financial Responsibility for EGUs
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Final Rule
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December 2, 2020
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Effective January 4, 2021
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Exclude electric power generation, transmission, and distribution; petroleum and coal products manufacturing; and chemical manufacturing industries from financial responsibility record keeping requirements under § 108(b)
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NEPA Implementing Procedures DOE
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Final Rule
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December 4, 2020
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Effective January 4, 2021
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Exclude harms agency cannot control, such as operation of natural gas facilities, from NEPA analysis for natural gas exportation
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Maui implementation guidance
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Guidance
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December 10, 2020
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Comments due January 9, 2021
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"Functional equivalent" determined by analysis of factors in Maui plus system design and performance
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Test Procedure Interim Waiver Process
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Final Rule
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December 11, 2020
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Effective January 11, 2021
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DOE must notify applicant for interim waiver within 45 business days of receipt of application
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CWA 402/404 criminal intent standard
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Proposed rule
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December 14, 2020
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Comments due January 13, 2021
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State and tribal NPDES programs may use any negligence standard, including recklessness or gross negligence, for criminal liability
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PFAS Significant New Use Rule
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Guidance
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December 16, 2020
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Comments due January 15, 2021
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Need SNUF if importing article coated with PFAS
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Oil and Gas and Sulfur Operations on the Outer Continental Shelf-Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf
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Proposed Rule
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December 9, 2020
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Comments due February 8, 2021
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Revises regulations for exploratory drilling related to factors evaluated for SOO, pollution prevention, Control and Containment Equipment, relief rig capabilities, timing/requirements for IOP, contents of IOP, data/info for EP and DPP
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Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances
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Guidance
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December 22, 2020
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Comments due February 16, 2020
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To satisfy the National Defense Authorization Act for Fiscal Year 2020, Public Law No: 116-92, this document provides options to manage PFAS waste that may destroy or control its migration into the environment. It identifies a number of data gaps that, if filled, could allow for additional and specific recommendations in the future.
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CCR Beneficial Reuse
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NODA
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December 22, 2020
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Comments due February 22, 2021
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Proposed: (1) replace static numerical threshold with site-specific threshold or use combination of mass and site specific; (2) use single approach regardless of pile location
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Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process
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Final Rule
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December 23, 2020
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December 23, 2020
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EPA must: (1) prepare and consider benefit-cost analysis for "significant" regulations under CAA; (2) use best practices for BCA consistent with EPA’s Guidelines for Preparing Economic Analyses and the Office of Management and Budget’s Circular A-4; (3) include summary of BCA results, benefits considered, costs considered and how agency considered BCA in all proposed and final regulations; (4) exclude consideration ancillary benefits
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Ozone NAAQS
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Final Rule
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December 31, 2020
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Retaining primary and secondary ozone standards
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