Agency Rulemaking Highlights
PFAS Levels in Drinking Water
The Environmental Protection Agency (EPA) seeks public comment on its proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS chemicals, commonly known as “forever chemicals.” The proposal would establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water and health-based, non-enforceable maximum contaminant level goals for these chemicals. Two informational webinars will be held—March 16 and March 29—as well as a public hearing on May 4. Comments due 60 days after publication in the Federal Register.
Good Neighbor Plan to Cut Smog
EPA issued a final rule compelling 23 states to take action for their impacts on the 2015 ozone National Ambient Air Quality Standards (NAAQS) in other states. The “Good Neighbor” provisions of the Clean Air Act prohibits certain ozone-precursor emissions from fossil-fuel fired power plants by implementing an allowance-based trading program beginning in the 2023 ozone season. The action will prohibit emissions from certain other industrial stationary sources through limits and associated requirements beginning in the 2026 ozone season. Effective 60 days after publication in the Federal Register.
Breast Density Information Now Required in Mammograms
The Food and Drug Administration (FDA) is issuing a final rule to update mammography regulations to address improvements in mammography technology and best practices. Notably, the rule requires that mammography patients be notified if they have dense breast tissue, which can make imaging less precise and cancer harder to find. Effective September 10.
– Read Bridget Dooling’s Public Interest Comment on FDA’s 2019 proposal
Enterprise Regulatory Capital Framework Enhancements
The Federal Housing Finance Agency (FHFA) seeks comments on a notice of proposed rulemaking that would amend several provisions in the Enterprise Regulatory Capital Framework for the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). The proposed rule would include modifications related to guarantees on commingled securities, multifamily mortgage exposures secured by government-subsidized properties, derivatives and cleared transactions, and credit scores. Comments due May 12.
Extending the REAL ID Enforcement Date
The Department of Homeland Security (DHS) issued a final rule extending the date for card-based enforcement of the REAL ID regulations from May 3, 2023 until May 7, 2025. Beginning on that date, Federal agencies are prohibited from accepting a state-issued driver's license or identification card for official purposes unless such license or card is REAL ID compliant. Effective March 9, 2023.
Lifeline and Link Up Supporting Survivors of Domestic and Sexual Violence
The Federal Communications Commission (FCC) is proposing new rules implementing the Safe Connections Act, designed to improve access to communications services for survivors of domestic abuse and related crimes. The proposal seeks comment on whether to designate the Lifeline program or the Affordable Connectivity Program as the program that provides emergency communications support to qualifying survivors experiencing financial hardship, and how to enhance the selected program to best serve survivors. Comments due April 12.