Agency Rulemaking Highlights

Notable Actions

Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

The Environmental Protection Agency (EPA) is proposing to revise the primary annual national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) by lowering the level from 12.0 µg/m3 to within the range of 9.0 to 10.0 µg/m3. Comments due March 28. EPA also announced virtual public hearings on the proposal for February 21 and 22.

Energy Conservation Standards for Gas Cooking Tops

The Department of Energy (DOE) issued a supplemental notice of proposed rulemaking and announced a January 31 virtual public meeting proposing amended energy conservation standards for consumer conventional cooking products, including gas cooking tops. Comments due April 3.

Significant New Use Rule on PFAS

EPA is proposing a significant new use rule (SNUR) on per- and poly-fluoroalkyl substances (PFAS), also known as “forever chemicals,” that are no longer actively manufactured or processed in the U.S. The rule would require those subject to the SNUR to notify EPA at least 90 days before manufacturing, importing, or processing of the chemical substance for a significant new use. Comments due March 27.

Safe Integration of Automated Driving Systems in Commercial Motor Vehicles

The Federal Motor Carrier Safety Administration (FMCSA) is requesting public comment about factors the agency should consider in establishing a regulatory framework for the safe integration of Automated Driving Systems in commercial vehicles. Comments due March 20.

Medicare Advantage Program Changes

The Centers for Medicare & Medicaid Services (CMS) issued a final rule aiming to improve payment accuracy in the Medicare Advantage program. The rule outlines the audit methodology for the program’s data validation and extrapolates audit findings beginning with payment year 2018. Effective April 3.

Alaska’s Tongass No Longer Exempt from

Roadless Rule

The Forest Service is repealing an October 2020 rule that exempted the Tongass National Forest from the 2001 Roadless Area Conservation Rule. Under this final rule, road construction and timber harvesting will again be prohibited in the Tongass. Effective January 27.

Defining Firearm Stabilizing Braces

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a final rule clarifying when a rifle is designed, made, and intended to be fired from the shoulder. The rule specifies that a firearm with a stabilizing brace falls within the definition of a rifle. Effective January 31.