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[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]
BILLING CODE 6560-50-P
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