[Federal Register Volume 90, Number 23 (Wednesday, February 5, 2025)]
[Rules and Regulations]
[Page 9010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02289]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 262, 266, and 372
[FRL-12583.1-02-OA]
Delay of Effective Date for 2 Final Regulations Published by the
Environmental Protection Agency Between December 11, 2024, and January
6, 2025
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
identified two additional regulations that meet the criteria in the
memo and may identify additional regulations in subsequent notices.
DATES: As of February 5, 2025, the effective dates of the rules
published at 89 FR 99727 (December 11, 2024), and 90 FR 573 (January 6,
2025), are delayed to 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; nickerson.william@epa.gov.
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 issued a final rule on January 28,
2025, to delay the effective date of 4 regulations (90 FR 8254). EPA
has determined there are an additional 2 regulations, shown in the
table below, that meet the criteria for delaying the respective
effective dates. The new effective date for these two 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 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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Original New
Federal Register citation Title Publication effective effective
date date date
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89 FR 99727........................... Hazardous Waste Generator 12/11/2024 2/10/2025 3/21/2025
Improvements Rule, the
Hazardous Waste Pharmaceuticals
Rule, and the Definition of
Solid Waste Rule; Technical
Corrections.
90 FR 573............................. Implementing Statutory Addition 1/6/2025 2/5/2025 3/21/2025
of Certain Per- and
Polyfluoroalkyl Substances
(PFAS) to Toxics Release
Inventory (TRI) Beginning With
Reporting Year 2025.
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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.
Lee Zeldin,
Administrator.
[FR Doc. 2025-02289 Filed 2-4-25; 8:45 am]
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