What to Expect from Now to the November Presidential Elections: Spring 2024 Unified Agenda

We are now fully into summer, but the Office of Management and Budget (OMB) just released the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions (Spring 2024 Unified Agenda) on July 5, 2024. As expected, some regulations have been delayed now that we are past the May 22, 2024, Congressional Review Act (CRA) deadline. Rules finalized between now and the election can be reviewed by Congress who can potentially claw back the regulation. And, with recent changes in the Presidential race, we will have a new administration, be it Republican or Democrat.

In this article, ALL4 is providing a list and some thoughts on updates to key regulations under the U.S. Environmental Protection Agency (U.S. EPA), U.S. Department of Labor (DOL) Occupational Health and Safety Administration (OSHA), and U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHSMA) that are set to be proposed or finalized in the coming months.

You’ll also see that some proposed regulation schedules have been extended into future years or have been put on hold and now show “to be determined” as the date for the next step.

OSHA

Of significance, OSHA’s Update to the Hazard Communication (HazCom) Standard became effective July 19, 2024. The final rule provides significant changes to HazCom. If you would like more information on these changes watch our July 24^th webinar.

Proposed regulations to watch out for include:

• Walking-Working Surfaces – a proposed re-opening of the rule to improve clarity in August 2024. This proposal has been in the works for a while. We will update you more as more information becomes available.
• Occupational Exposure to Crystalline Silica: Revisions to Medical Surveillance Provisions for Medical Removal Protection expected to be published in October. We will update you on the proposal when it becomes available.
• Heat Illness Prevention in Outdoor and Indoor Work Settings expected to be published in August. Heat Illness Prevention is part of the National Emphasis Programs (NEP). Look for a blog coming soon.

U.S. DOT

U.S. DOT has several regulatory actions in the Spring agenda. We are providing a few final and proposed rules under Hazardous Materials and Pipeline Safety that may be of interest to you. Look for the final rule for Revisions to the List of Hazardous Substances and Reportable Quantities to be published in October.

Proposed regulations include:

• Hazardous Materials:
  • Continued Conversion of Special Permits expected in August.
  • Harmonization with International Standards expected in October. This is a continuation of regulations we have been seeing across U.S. EPA to standardize U.S. regulations with other trading countries.
• Pipeline Safety:
  • Safety of Carbon Dioxide and Hazardous Liquid Pipelines expected in November. As carbon capture projects move forward, PHMSA is updating pipeline regulations to cover carbon dioxide transmission.

Per- and Polyfluoroalkyl Substances (PFAS)

Before we dive into U.S. EPA regulations, we will point out a couple of proposed rules related specifically to Per- and polyfluoroalkyl substances (PFAS). Look for a more detailed update in ALL4’s 4 The Record (4TR) in the next few weeks. Of note, the planned rule seeking to list additional PFAS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances that was originally proposed for April 2025, is now listed as “to be determined”.

OMB is currently reviewing the Addition of Certain PFAS to the Toxics Release Inventory (TRI), which is scheduled to be published in August. U.S. EPA is also expected to publish the Clean Water Act (CWA) Effluent Limitation Guidelines (ELG) and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category in September.

Toxic Substances Control Act (TSCA)

U.S. EPA is expected to publish a couple of final TSCA rules between now and the election. We have seen an uptick in TSCA rules in the last few years. ALL4 will update you on these final rules and how they may affect you as the rules become final.

• Perchloroethylene (PCE) rule is expected in August.
• Carbon Tetrachloride (CTC) and Trichloroethylene (TCE) are expected in September.
• Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels is also expected in September.
• Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulations of Persistent, Bioaccumulative, and Toxic Chemicals is expected in October.

Clean Water Act (CWA)

U.S. EPA is expected to act on two final rules of interest this fall:

• National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) is expected to be published in October. Look for an update in our 4 The Record (4TR).
• CWA Section 404 Tribal and State Program Regulation which is expected to be published in November.

Office of Land and Emergency Management (OLEM)

Of note, U.S. EPA pushed its Open Burn/Open Detonation (OB/OD) final rule’s release until July 2025, 10 months later than originally planned. However, the agency is expected to finalize a couple of Resource Conservation and Recovery Act (RCRA) regulations this fall. Expect an ALL4 blog with the RCRA changes later this year. These changes are mostly administrative changes:

• Integrating e-Manifest with Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections is expected in August.
• Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections are expected in September.
• Definition of Hazardous Waste Applicable to Corrective Action for Releases from Solid Waste Management Units is expected just after the election in December. Look for an update on this final rule. It is expected to provide additional mechanisms for the cleanup of PFAS.

Clean Air Act (CAA)

Finally, U.S. EPA continues publishing new air regulations in addition to those just finalized this Spring. Most of the rules are industry-specific, with only a few actions that potentially impact a large number of facilities.

Rules of particular interest that were finalized in July or are anticipated to be finalized in August include:

• National Emission Standards for Hazardous Air Pollutants (NESHAP): Coke Ovens: Pushing, Quenching, and Battery Stacks Residual Risk Review, and NESHAP Coke Ovens: Pushing, Quenching, and Battery Stacks and NESHAP Coke Oven Batteries Technology Review – this rule finalized several new emission standards and requires benzene fenceline monitoring.
• NESHAP: Reciprocating Internal Combustion Engines and New Source Performance Standards: Internal Combustion Engines; Electronic Reporting – this rule will correct various errors and add electronic reporting requirements to the engine rules.
• NESHAP: Lime Manufacturing Plants; Amendments – this rule set first time standards for hydrogen chloride, mercury, dioxin/furan, and organic HAPs, as summarized in our recent blog.
• Revisions to the Air Emission Reporting Requirements (AERR) – the proposed changes are significant, look for an ALL4 blog after the rule is finalized.

Final Rules expected in August include:

• Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Enhancements to the AERMOD Dispersion Modeling System – these updates are not expected to be widely impactful.
• Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation and Manufacturing Act of 2020 – this continues U.S. EPA’s focus on reducing use of refrigerants that are greenhouse gases.

Final rules expected in September include:

• Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act – it will be interesting to see how U.S. EPA responds to comments on this action. Stay tuned for an ALL4 blog on the final rule.
• New Source Performance Standards (NSPS) for Volatile Organic Liquid Storage Vessels for which Construction, Reconstruction, or Modification Commenced after July 23, 1984 (NSPS Kb) – EPA proposed fairly significant changes to the storage tank NSPS, we’ll let you know how the final rule turns out in an updated blog.

Final rules expected just after the election in November include:

• NSPS and Emission Guidelines (EG) for Large Municipal Waste Combustors (MWCs)
• Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units – this one is long overdue, with the proposal originally issued in 2017.
• NESHAP: Rubber Tire Manufacturing Residual Risk and Technology Review – U.S. EPA proposed standards for HAP emissions from rubber mixing that could significantly impact the industry. ALL4 will evaluate the final rule to see if it is more reasonable than the proposal.

What’s on your agenda?

With the Presidential election (and new administration), the end of Chevron deference, and the CRA claw back period looming over the next four months, stay informed. ALL4 will continue to update you on rulemaking activities in the environmental and health and safety space. If you have questions regarding recent finalized rules or upcoming regulations, need help implementing a new or revised rule, or need help developing technical comments on a proposed rule, reach out to one of our technical experts including Karen Thompson at kthompson@all4inc.com. We look forward to collaborating with you.