[Federal Register Volume 90, Number 17 (Tuesday, January 28, 2025)]
[Rules and Regulations]
[Pages 8254-8255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01866]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, 81, and 751
[FRL-12583-01-OA]
Delay of Effective Date for 4 Final Regulations Published by the
Environmental Protection Agency Between November 29, 2024, and December
31, 2024
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; delay of effective dates.
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SUMMARY: In accordance with the memorandum of January 20, 2025, from
President Donald J. Trump, entitled ``Regulatory Freeze Pending
Review,'' this action temporarily delays until March 21, 2025, the
effective date of the regulations listed in the table below. EPA has
initially identified 4 regulations that meet the criteria in the memo
and may identify additional regulations in subsequent notices.
DATES: As of January 28, 2025, the effective date of the rules
published at 89 FR 102568 (12/17/2024), 89 FR 95034 (11/29/2024), 89 FR
106357 (12/30/2024), and 89 FR 107012 (12/31/2024), are delayed to a
new effective date of March 21, 2025.
FOR FURTHER INFORMATION CONTACT: William Nickerson, Director, Office of
Regulatory Policy and Management, Office of Policy, Mail code 1804,
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; (202) 566-0326; [email protected].
SUPPLEMENTARY INFORMATION: EPA is taking this action in response to the
memorandum of January 20, 2025, from the President, entitled
``Regulatory Freeze Pending Review.'' The memorandum directed the heads
of Executive Departments and Agencies to consider postponing for sixty
days from the date of the memorandum the effective date for any rules
that have been published in the Federal Register but had not yet taken
effect for the purpose of reviewing any questions of fact, law, and
policy that the rules may raise. EPA is delaying the effective dates
for the 4 regulations listed in the table below. The new effective date
for these regulations is March 21, 2025.
The EPA is taking this action, without opportunity for public
comment and effective immediately, based on the good cause exceptions
in 5 U.S.C. 553(b)(B) and 553(d)(3), in that seeking public comment is
impracticable, unnecessary and contrary to the public
[[Page 8255]]
interest. The temporary delay in effective dates until March 21, 2025,
is necessary to give Agency officials the opportunity for further
review and consideration of new regulations, consistent with the
memorandum of the President, dated January 20, 2025. Given the
imminence of the effective dates of these regulations, seeking prior
public comment on this temporary delay is impractical, as well as
contrary to the public interest in the orderly promulgation and
implementation of regulations. In addition, to the extent any
regulation below is an interpretive rule, general statement of policy,
or rule of agency organization, procedure, or practice, it is exempt
from notice and comment under 5 U.S.C. 553(b)(A).
For the foregoing reasons, the good cause exception in 5 U.S.C.
553(d)(3) also applies to EPA's decision to make this action
effectively immediately. Moreover, to the extent that extending the
effective date of any of these rules would grant an exception or
relieve a restriction, an exception also applies under 5 U.S.C.
553(d)(1).
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Publication Original New effective
Federal Register citation Title date effective date date
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89 FR 102568...................... Trichloroethylene (TCE); 12/17/2024 \1\ 1/16/2025 3/21/2025
Regulation under the Toxic
Substances Control Act
(TSCA).
89 FR 95034....................... Appendix W--Revisions to the 11/29/2024 1/28/2025 3/21/2025
Guideline on Air Quality
Models.
89 FR 106357...................... Air Plan Approval; Illinois; 12/30/2024 1/29/2025 3/21/2025
Alton Township 2010 Sulfur
Dioxide Redesignation and
Maintenance Plan.
89 FR 107012...................... Air Plan Revisions; 12/31/2024 1/30/2025 3/21/2025
California; Feather River
Air Quality Management
District.
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\1\ On December 17, 2024, EPA published a final rule under section 6(a) of the Toxic Substances Control Act
(TSCA) (15 U.S.C. 2605(a)) to address the unreasonable risk of injury to health presented by
trichloroethylene, with an effective date of January 16, 2025. Trichloroethylene (TCE); Regulation Under the
Toxic Substances Control Act (TSCA), 89 FR 102568 (Dec. 17, 2024). Thirteen petitions for review of that rule
were filed in various Circuits of the United States Courts of Appeals. On January 13, 2025, the Fifth Circuit
Court of Appeals granted a petitioner's motion to temporarily stay the rule's effective date. The petitions
were then consolidated by the Judicial Panel for Multidistrict Litigation and transferred to the Third Circuit
Court of Appeals. By an order dated January 16, 2025, the Third Circuit left the temporary stay of the
effective date in place pending briefing on whether the temporary stay of the effective date should remain in
effect. Because of the decisions of the Fifth and Third Circuits, the rule never went into effect and is
therefore also covered by the terms of the Regulatory Freeze Pending Review memorandum. Accordingly, the
Agency includes this rule in this action.
Where appropriate, the Agency may consider further delaying the
effective dates of the above-referenced regulations beyond March 21,
2025. If the Agency were to do so, consistent with the memorandum of
the President, the Agency would consider whether to propose any later
effective date for public comment.
James Payne,
Acting Administrator.
[FR Doc. 2025-01866 Filed 1-27-25; 8:45 am]
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