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Proposed Rules, Policies, and Guidance - Open for Comment

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Popular Resources

Requirements, policies, and guidance that EPA is proposing. Comments are solicited from the public before EPA issues final versions. Public comment is open for all items on this page. Items for which the comment period has expired are listed on the following archive pages:

Proposed Rules, Policies, and Guidance - 2012 Archive
Proposed Rules, Policies, and Guidance - 2011 Archive
Proposed Rules, Policies, and Guidance - 2010 Archive
Proposed Rules, Policies, and Guidance - 2009 Archive
Proposed Rules, Policies, and Guidance - 2008 Archive`
Proposed Rules, Policies, and Guidance - 2007 Archive

Note: Pesticide review dockets and registration decision announcements are available by clicking the "Pesticide Dockets Open for Public Comment" link in the Popular Resources box on this page.

Comment Period Open


Dichloromethane and N-Methylpyrrolidone TSCA Chemical Risk Assessment; Notice of Public Meetings and Opportunity to Comment

EPA's contractor, The Scientific Consulting Group (SCG), Inc., has identified a panel of scientific experts to conduct a peer review of EPA's draft Toxic Substances Control Act (TSCA) chemical risk assessment, ``TSCA Workplan Chemical Risk Assessment for Dichloromethane and N-Methylpyrrolidone.'' EPA will hold three peer review meetings by web connect and teleconference. EPA invites the public to register to attend the meetings as observers and/or speakers providing oral comments during any or all of the peer review meetings as discussed in this notice. The public may also provide comment on whether they believe the appearance of conflict of interest exists for any proposed peer review panel expert. Written comments on the assessment must be submitted on or before October 22, 2013, to be sure they are contained in the peer review record and are available to the peer reviewers.

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Formaldehyde Emissions Standards for Composite Wood Products; Extension of Comment Period

EPA issued a proposed rule in the Federal Register of June 10, 2013, concerning formaldehyde emissions standards for composite wood products. After receiving requests for an extension, EPA extended the comment period from August 9, 2013, to September 9, 2013. EPA received additional comments and believes it is appropriate to further extend the comment period in order to give stakeholders additional time to assess the impacts of the proposal, review technical documents in the docket, and prepare comments. This document extends the comment period from September 9, 2013, to October 9, 2013.

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California State Motor Vehicle Pollution Control Standards; Tractor-Trailer Greenhouse Gas Regulation; Request for Waiver of Preemption; Opportunity for Public Hearing and Public Comment

The California Air Resources Board (CARB) has notified EPA that it has adopted a tractor-trailer greenhouse gas emission regulation applicable to new and in-use 53-foot and longer box-type trailers and to new and in-use tractors that haul such trailers on California highways (HD Tractor-Trailer GHG Regulation). By letter dated June 20, 2013, CARB submitted a request that EPA grant a waiver of preemption of the Clean Air Act (CAA), of the HD Tractor-Trailer GHG Regulation pertaining to new tractors (2011 through 2013 model years) and new trailers (2011 and subsequent model years). This notice announces that EPA has scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

EPA has scheduled a public hearing concerning CARB's request on September 16, 2013, beginning at 9:00 a.m. Any party planning to present oral testimony should notify EPA by September 6, 2013, expressing its interest. EPA will hold the public hearing at EPA's offices at 1310 L Street NW., Washington, DC 20460. Any party may submit written comments by October 18, 2013.

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NPDES Electronic Reporting Rule; Proposed Rule

EPA is proposing a regulation that would require electronic reporting for current paper-based NPDES reports. This action will save time and resources for permittees, states, tribes, territories, and EPA while improving compliance and providing better protection of the Nation's waters. The proposed Clean Water Act regulation would require permittees and regulators to use existing, available information technology to electronically report information and data related to the NPDES permit program in lieu of filing written reports. The proposal will also allow better allocation and use of limited program resources and enhance transparency and public accountability by providing regulatory agencies and the public with more timely, complete, accurate, and nationally-consistent sets of data about the NPDES program and potential sources of water pollution. The benefits of this proposed rulemaking should allow NPDES-authorized programs in states, tribes, and territories to shift precious resources from data management activities to those more targeted to solving water quality and noncompliance issues. This in turn may contribute to increased compliance, improved water quality, and a level playing field for the regulated community. Given the large scope of this proposal, EPA commits to offer an additional opportunity for transparency and engagement by publishing a supplemental notice should we receive comments on the proposed rule that require significant changes. States, tribes, territories, permittees, and other stakeholders can review and comment on the supplemental notice. EPA plans to publish the supplemental notice within 180 days after the public comment period for this proposed rule has closed. Comments on this proposed action must be received on or before October 28, 2013.

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Office of Environmental Information; Announcement of Availability and Comment Period for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and Two Associated QA Handbooks; Extension of Comment Period

The Environmental Protection Agency published a document in the Federal Register of December 26, 2012, concerning request for comments for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and two associated QA Handbooks. The notice of availability is being extended to a 90 day review and comment period to provide more time for external reviewers to provide comments. This document extends the comment period for 28 days, from February 28, 2013, to March 29, 2013. Comments must be submitted on or before March 29, 2013.

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Kasugamycin; Receipt of Application for Emergency Exemption for
Use on Apples in Michigan, Solicitation of Public Comment

EPA has received a specific exemption request from the Michigan Department of Agriculture to use the pesticide kasugamycin (CAS No. 6980-18-3) to treat up to 10,000 acres of apples to control fire blight. The applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption. Comments must be received on or before March 4, 2013.

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Pesticides; Draft Guidance for Pesticide Registrants on Antimicrobial Pesticide Products With Mold-Related Label Claims; Notice of Availability; Extension of Comment Period

EPA issued a draft Pesticide Registration (PR) notice in the Federal Register issue of December 12, 2012, requesting comments on Guidance for Antimicrobial Pesticide Products with Mold-Related Label Claims. This document extends the comment period for 60 days, from February 11, 2013 to April 12, 2013. Comments, identified by docket identification (ID) number EPA-HQ-OPP-2010-0539 must be received on or before April 12, 2013.

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Notice of Availability for Public Review and Comment: Draft EPA Climate Change Adaptation Plan

Scientific evidence demonstrates that the climate is changing at an increasingly rapid rate, outside the range to which society has adapted in the past. Climate change can pose significant challenges to the EPA's ability to fulfill its mission. The U.S. Environmental Protection Agency is committed to identifying and responding to the challenges that a changing climate poses to human health and the environment. It is essential; therefore, that the EPA adapt to climate change in order to continue fulfilling its statutory, regulatory and programmatic requirements, chief among these protection of human health and the environment. Adaptation will involve anticipating and planning for changes in climate and incorporating considerations of climate change into many of the Agency's programs, policies, rules and operations to ensure they are effective under changing climatic conditions. Adaptation also necessitates close coordination between EPA and its many partners and stakeholders.
EPA and other Federal Agencies and Departments have developed draft Agency Climate Change Adaptation Plans in response to the President's October 2009 Executive Order (E.O. 13514--``Federal Leadership in Environmental, Energy, and Economic Performance'') and the March, 2011 Implementing Instructions to all Federal Department and Agencies. Today, EPA announces the availability of a public review draft of its Agency Plan. The draft Plan will be available for a 60-day public review. The public should respond to the EPA with comment via the public docket no later than April 9, 2013.

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Chlorpyrifos Preliminary Volatilization Assessment Suggests Bystander Risks of Concern; EPA Requests Comment to Address Uncertainties

This notice announces the availability of EPA's preliminary volatilization assessment for the registration review of chlorpyrifos and opens a public comment period on this document. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. As part of the registration review process, the Agency has completed a preliminary volatilization assessment for chlorpyrifos uses. After reviewing comments received during the public comment period, EPA will issue a revised volatilization assessment, explain any changes to the preliminary volatilization assessment, respond to comments, and evaluate the need for risk mitigation for chlorpyrifos. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. Comments must be received on or before March 8, 2013.

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Office of Environmental Information; Announcement of Availability and Comment Period for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and Two Associated QA Handbooks; Extension of Comment Period

The Environmental Protection Agency published a document in the Federal Register of December 26, 2012, concerning request for comments for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and two associated QA Handbooks. The notice of availability is being extended to a 62 day review and comment period to provide more time for external reviewers to provide comments. This document extends the comment period for 17 days, from February 11, 2013, to February 28, 2013. Comments must be submitted on or before February 28, 2013.

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Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Pesticide Environmental Stewardship Program Annual Measures Reporting

The Environmental Protection Agency has submitted an information collection request (ICR), "Pesticide Environmental Stewardship Program Annual Measures Reporting'' (EPA ICR No. 2415.01, OMB Control No. 2070-XXXX) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is request for approval of a new collection. Public comments were previously requested via the Federal Register (75 FR 66084) on October 27, 2010 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Additional comments may be submitted on or before March 6, 2013.

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Public Comment on EPA's National Enforcement Initiatives for Fiscal Years 2014-2016

The Environmental Protection Agency (EPA) is soliciting public comment and recommendations on national enforcement initiatives to be undertaken in fiscal years 2014-2016. EPA selects these priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor and where federal enforcement attention can make a difference. For the FY 2011-2013 time period, the U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance, has six national enforcement initiatives. These initiatives are (1) Municipal Infrastructure--addressing sewage discharges from combined sewer systems, sanitary sewer systems, and municipal separate storm sewer systems; (2) Mineral Processing--addressing hazardous waste at phosphoric acid facilities and high risk mineral processing sites; (3) New Source Review--controlling emissions from coal fired utility sector, cement plants, glass plants, and acid production plants; (4) Air Toxics--addressing toxic emissions from high risk facilities by examining leak detection and repair (LDAR), flares, and excess emission sources; (5) Energy Extraction--addressing land-based natural gas extraction facilities, including corporate-wide evaluations; and (6) Concentrated Animal Feeding Operations--addressing animal waste discharges from large animal feeding facilities. For more information on the current initiatives, full descriptions can be found on our Web site: http://www.epa.gov/compliance/data/planning/initiatives/index.html.
In addition to these sector-based approaches, EPA could choose to focus a national initiative on a strategic area that would improve the Agency's ability to conduct its enforcement and compliance program. For example, EPA is investing in a new approach called Next Generation Compliance to dramatically improve compliance by, among other things, employing advances in emissions monitoring and information technology; expanding transparency by making information publicly available. This availability of information will empower communities to play an active role in compliance oversight and improve the performance of both the government and regulated entities.
The public is invited to comment on extending the current six national enforcement initiatives for the 2014-2016 cycle. The public is also invited to propose new sectors or other important strategic areas for consideration. Commenters should keep in mind the Agency's resource constraints, given that final decisions will need to consider the Agency's funding level. Final selection will be incorporated into the EPA Office of Enforcement and Compliance Assurance Final National Program Manager Guidance (that provides national program direction for all EPA regional offices) to be released in the Spring 2013. EPA will consider these comments as it moves forward in the decision-making process, but will not respond to all comments received. Comments must be received on or before February 27, 2013.

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Office of Environmental Information; Announcement of Availability and Comment Period for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and Two Associated QA Handbooks; Correction

The Environmental Protection Agency published a document in the Federal Register of December 26, 2012, concerning request for comments for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and two associated QA Handbooks. The notice of availability is being extended to a 45 day review and comment period and the document contained incorrect Web site links in the footnotes. Comments must be submitted on or before February 11, 2013.

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EPA Seeks Comment on Pesticide Registration Notice for Web-Distributed Labeling

The Agency is announcing the availability of and seeking public comment on a draft Pesticide Registration Notice (PR Notice) titled "Web-Distributed Labeling for Pesticide Products." PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular draft PR Notice provides guidance concerning the process by which registrants can make legally valid versions of pesticide labeling available through the Internet. Web-distributed labeling would allow users to retrieve a streamlined version of the pesticide product labeling, containing the directions for use and necessary information related to the user's specific state and intended site of use. Shorter, relevant labeling could be clearer and easier for the user to understand, improving compliance with pesticide labeling requirements and thereby protecting human health and the environment from unintentional misuse of pesticides. Web-distributed labeling would also allow for more rapid updates to pesticide labeling, meaning risk mitigation measures and new uses can reach the user more quickly than under the current paper-based system. Comments must be received on or before April 16, 2013.

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Section 610 Review of NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs); Extension of Comment Period

On October 31, 2012 the EPA published a request for comments on a Regulatory Flexibility Act section 610 review titled, Section 610 Review of NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs). As initially published in the Federal Register, written comments were to be submitted to the EPA on or before December 31, 2012 (a 60-day public comment period). Since publication, the EPA has received a request for additional time to submit comments. Therefore, the EPA is extending the public comment period for 60 days until March 1, 2013.

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