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[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; [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 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]
BILLING CODE 6560-50-P
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