Agency Rulemaking Highlights

Supplemental Effluent Limitations Guidelines

The Environmental Protection Agency (EPA) proposes to revise its effluent limitations guidelines and standards for the steam electric power generating category applicable to flue gas desulfurization wastewater, bottom ash transport water, and combustion residual leachate at existing sources. EPA will conduct online public hearings about this proposed rule on April 20 and April 25. Comments due May 30.

Child Nutrition Programs and Community Eligibility

The U.S. Department of Agriculture proposes to expand access to the Community Eligibility Provision by lowering the minimum identified student percentage participation threshold from 40 percent to 25 percent, which would give states and schools greater flexibility to choose to invest non-federal funds to offer no-cost meals to all enrolled students. Comments due May 8.

Examination of Refugee Status Claims From Nationals of Third Countries

The Departments of Homeland Security and Justice issued a final rule implementing additional protocols in the existing “Safe Third Country Agreement” between the U.S. and Canada in which the two governments cooperatively review refugee status claims. The additions apply to individuals entering outside official ports of entry. Effective March 25.

Fees for Nonimmigrant and Special Visas

The Department of State issued a final rule adjusting its Schedule of Fees for Consular Services for several nonimmigrant visa processing fees and the Border Crossing Card for Mexican citizens age 15 and over. Effective May 30.

Implementing CHIPS Act Credits and Preventing Improper Use

The Internal Revenue Service requests comment on a proposal to implement the advanced manufacturing investment credit established by the CHIPS Act of 2022. The proposal affects taxpayers that claim the credit or instead make an elective payment election. The Department of Commerce proposes to prevent improper use of the credit to keep funds from benefiting foreign countries of concern by allowing recipients to notify the agencies of significant prohibited transactions. Comments due May 22.

Credit Card Penalty Fees

The Consumer Financial Protection Bureau proposes to amend its “Regulation Z” which ensures that late fees charged on credit card accounts are “reasonable and proportional” to the late payment as required by the Truth In Lending Act. The proposal would adjust the allowable late fee amount to $8 or no more than 25 percent of the required payment. Comments due May 3.

Susan E. Dudley: The Diminishing Returns Of Tighter Fine Particle Standards

Stuart Shapiro: How the East Palestine Derailment and Silicon Valley Bank Failure are Connected

Katie Haun: How US Regulators are Choking Crypto

WSJ Editorial Board: A Climate for Failed Bank Regulation

Randal K. Quarles: What Congress Should Ask Regulators in SVB’s Aftermath

Maia Szalavitz: People Can’t Get Their ADHD Medicine, and That’s a Sign of a Larger Problem

NYT Editorial Board: The Dangerous Race to Put More Children to Work

Robert Gebelhoff: A Mostly Hidden Problem Wastes Appalling Amounts of Water

Dan Lashof: New California Bill Could Advance Carbon Removal While Holding Polluters Accountable

Peter Krull: Who Does Regulating ESG Help?

Governance & Politics

• USPS Is Losing a Lot More Money in 2023 Than it Expected, Government Executive
• Appeals Court Sides with Consumer Finance Regulator in Funding Dispute, Reuters

Financial Markets & Housing

• Banking Failures Put Fed Under Yet Another Harsh Political Spotlight, Washington Post
• How Bank Oversight Failed: The Economy Changed, Regulators Didn’t, Wall Street Journal
• Top Bank Regulators Testify Before Senate Over SVB, Signature Failures, Wall Street Journal
• SVB Debacle Brings the Fed One Step Closer to Becoming Provider of First Resort, Forbes
• FDIC Added Sweeteners to Deals to Offload SVB, Signature, Bloomberg
• How Far Can Regulators Go to Protect Uninsured Deposits?, New York Times
• Binance Is Hiding US Crypto Trading Activity, Regulator Says, New York Times
• Binance Sued by CFTC Over Evading US Rules, Wall Street Journal
• Crypto Faces Legal Reckoning as SEC Prepares Action Against Coinbase, Wall Street Journal
• ‘Greenwashing’ Targeted in Latest European Regulatory Push, Wall Street Journal
• Anti-ESG Crusades in GOP States Stumble Amid Pension Pushback, Bloomberg
• South Dakota Gov's Veto of Cryptocurrency Regulations Upheld, Associated Press

Energy & Environment

• White House Vows to Veto House GOP Energy Bill: It "Would Take Us Backward”, Axios
• Biden Administration Seeks to Mend Fences Over Willow Project Approval, The Hill
• In Montana, It’s Youth vs. the State in a Landmark Climate Case, New York Times

Health & Safety

• The FDA Has Approved Narcan for OTC Sales, NPR
• FDA Approves Narcan for Over-the-Counter Sales, New York Times
• Are Skittles Dangerous? A California Bill Aims to Ban Chemicals in Candy, Washington Post
• Biden Plan to Cut Billions in Medicare Fraud Ignites Lobbying Frenzy, New York Times
• Dollar General Is Deemed a ‘Severe Violator’ by the Labor Dept., New York Times
• Dollar General Store OSHA Violations Add to Worker Safety Concerns, Bloomberg
• FDA Sets Date for First US Over-The-Counter Birth Control, Bloomberg
• Dem AGs Clash with Biden Admin Over Abortion Pill Restrictions, Politico

Business & Technology

• Warner: White House ‘Very in Favor’ of Bill Giving Commerce Dept. Ability to Ban TikTok, The Hill
• FTC Seeks to Smooth Process for Canceling Subscriptions, The Hill
• Utah Social Media Law is Ambitious, but is it Enforceable?, Associated Press
• White House Aims to Issue Cyber Strategy Implementation Plan by June, Federal News Network
• US AI Regulation Faces Test on Life Insurance in Colorado, Bloomberg
• How European Regulators are Thinking About Emerging Tech, Wall Street Journal

Transportation & Infrastructure

• Flight Delays Will Spike this Summer Due to FAA Staffing Shortages, the Agency Warns, Government Executive

Education

• The GOP Just Tried the Fast-Track Route to Block Biden's Student-Debt Relief, Business Insider (quotes RSC’s Bridget Dooling)
• Republicans are Trying to Block Student Debt Relief in Congress, MarketWatch (quotes RSC’s Bridget Dooling)