Short Takes – 10-15-26 - Federal Register Edition

Facility Response Plan 

Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy. EPA final rule. Summary: “The Environmental Protection Agency (EPA) is finalizing an extension to the compliance date for Facility Response Plans (FRPs) required by the Clean Water Act (CWA) addressing potential worst-case discharges of CWA hazardous substances. These requirements apply to onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment from a CWA hazardous substance worst-case discharge to navigable waters, adjoining shorelines, or the exclusive economic zone. This action is also finalizing language modifications to remove references to climate change and environmental justice in the FRP requirements to align with Executive Order 14148 [link added] of January 20, 2025. EPA is revising the compliance deadlines in light of serious concerns that facilities may be unable to comply with the relevant requirements by the existing deadline. These changes are necessary to allow the Agency to consider implementation and compliance assistance tools that regulated facilities may be able to take advantage of when complying with the new requirements, and to ensure proper planning for all communities while promoting a science-based and risk-based approach to planning. EPA also recognizes that a delay would provide time for EPA to consider whether revisions are necessary before facilities must comply.” 

TSCA  

Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA); Compliance Date Extensions. EPA notice of proposed rulemaking. Summary: “The Environmental Protection Agency (EPA or Agency) is proposing to extend certain compliance dates applicable to certain entities subject to the regulation of trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA) until December 31, 2027, including for certain chemical processors in meeting the prohibition compliance deadline for the processing of TCE, industrial and commercial use of TCE as a processing aid, and associated wastewater disposal; and for refrigerant manufacturers in meeting the compliance deadline for phasing down TCE feedstock in the production of HFC-134a. This proposed compliance extension would allow for necessary and reasonable transition periods for regulated entities under TSCA section 6(d).” 

Space Geek  

Notice of Intent to Prepare a Programmatic Environmental Impact Statement (PEIS), Open Public Scoping Period, and Hold Public Scoping Meetings on the Proposed SpaceX Starship-Super Heavy Launch and Landing Operations at the Boca Chica Launch Site at Starbase, Texas and Expansion of Starship Landing and Expenditure Locations. FAA notice of intent to prepare PEIS. Summary: “In accordance with the National Environmental Policy Act of 1969, as amended (NEPA) and FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, FAA is announcing its intent to prepare a PEIS analyzing Space Exploration Technologies Corp.'s (SpaceX) proposal to increase Starship-Super Heavy operations at the Boca Chica Launch Site at Starbase, TX and expand Starship landing and expenditure locations. Subsequent license modifications or renewals under 14 CFR part 400 are within the scope of the PEIS, and the issuance of temporary airspace closures associated with the Proposed Action are included in FAA's Federal Action. FAA is requesting comments concerning the scope and content of the PEIS. A Draft PEIS will be released for public review and comment at a later date.” 

Executive Orders 

EO 14435 - Emergency Tax Relief on Diesel Fuel.