Agency Rulemaking Highlights

Cumulative Risks under TSCA

The Environmental Protection Agency (EPA) is proposing a new approach for risk evaluations under the Toxic Substances Control Act (TSCA) section 6 which would consider cumulative risks posed by certain phthalate chemicals. Until now, EPA has approached these risk evaluations by looking at the risk posed by a single chemical substance under the conditions of use. For these chemicals, EPA believes that the best approach to evaluate risk to human health may be to look at the combined risk to health from multiple chemicals with similar effects simultaneously. Comments due within 60 days of publication in the Federal Register.

Counting Days for Medicare Disproportionate Share Hospital Payments

The Centers for Medicare & Medicaid Services (CMS) is proposing to revise its regulations on the counting of days associated with individuals eligible for certain benefits provided by section 1115 demonstrations in the Medicaid fraction of a hospital's disproportionate patient percentage. Comments due May 1.

Online Ordering and Food Delivery for WIC

The U.S. Department of Agriculture (USDA) is proposing to remove barriers to online ordering and internet-based transactions in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). USDA expects this will improve the WIC shopping experience while increasing equity and access to nutritious foods for WIC participants. Comments due May 24.

Adverse Effect Wage Rate Methodology for H-2A Workers

The Department of Labor (DOL) issued a final rule revising the methodology by which it determines the hourly Adverse Effect Wage Rates for non-range occupations performed by temporary foreign workers in H-2A nonimmigrant status. Effective March 30.

Native American Programs

The Administration for Children and Families (ACF) issued a final rule adding to its existing waiver requirements an opportunity for its grant recipients to request a waiver for part or all of their non-federal cost share or match during a budget period due to emergency circumstances. Effective April 28.

Broadening Public Participation in the Regulatory Process

Continuing its efforts to broaden public participation, the Office of Information and Regulatory Affairs (OIRA) will hold a public listening session with Administrator Richard Revesz at 3-4:30 PM EST on Tuesday, March 7. The session will offer an opportunity for members of the public to suggest ways that the federal government can better support engagement in the regulatory process. Register online.