OMB Approves EPA TCE TSCA Extension NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) on “Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA); Additional Compliance Date Extensions”. This NPRM was submitted to OIRA on September 30th, 2026; a relatively quick turnaround for an NPRM. 

This rulemaking was not included in the 2026 Unified Agenda. 

The EPA has been postponing the effective date of “certain regulatory provisions of the final rule entitled “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”” pending ‘judicial review’ since January 28th, 2025. The latest such extension was published on May 5th, 2026. 

I do not expect to cover this rulemaking in any depth in this blog. I will, however, at least mention its publication in the appropriate Short Takes post. 

EPA Sends TCE Compliance Extension NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) on “Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA); Additional Compliance Date Extensions”. 

This rulemaking was not included in the 2026 Unified Agenda. 

The EPA has been postponing the effective date of “certain regulatory provisions of the final rule entitled “Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)”” pending ‘judicial review’ since January 28th, 2025. The latest such extension was published on May 5th, 2026. 

OMB Approves EPA Facility Response Delay Final Rule

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had approved a final rule from the EPA on “Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy”. The notice of proposed rulemaking for this action was published on March 5th, 2026. This final rule was sent to OIRA on July 1st, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking:  

“The Clean Water Act (CWA) Section 311(j)(5) provides that regulations shall be issued "which require an owner or operator of a tank vessel or facility ... to prepare and submit ... a plan for responding, to the maximum extent practicable, to a worst-case discharge, and to a substantial threat of such a discharge, of a hazardous substance." The Environmental Protection Agency (EPA) published a final rule in March 2024 to require planning for worst case discharges of CWA hazardous substances under section 311(j)(5)(A). Section 3 of the January 20, 2025, Executive Order 14154 Unleashing American Energy requires an immediate review of agency actions to identify those that may impose an undue burden on the identification, development, or use of domestic energy resources. As EPA considers options, the agency is proposing to extend the compliance date and make administrative changes” 

NOTE: OIRA classifies this as a ‘deregulatory’ action under EO 14192. 

Short Takes – 7-30-26 - Federal Register Editon

EPA  

Proposed Information Collection Request; Comment Request; Facility Ground-Water Monitoring Requirements, EPA ICR No. 0959.18, OMB Control No. 2050-0033. EPA 60-day ICR renewal notice. Summary: “Owners or operators that conduct ground-water monitoring are required to report information to the oversight agencies on releases of contaminants and to maintain records of ground-water monitoring data at their facilities. The goal of the ground-water monitoring program is to prevent and quickly detect releases of hazardous contaminants to groundwater, and to establish a program whereby any contamination is expeditiously cleaned up as necessary to protect human health and environment.” 

1,1,2-Trichloroethane Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment. EPA draft risk evaluation notice. Summary: “The Environmental Protection Agency (EPA or Agency) is announcing the availability of and seeking public comment on the draft risk evaluation under the Toxic Substances Control Act (TSCA) for 1,1,2-trichloroethane. The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COUs), including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA is seeking comment on the draft risk evaluation for 1,1,2-trichloroethane.” 

Space Geek  

Waiver of Specified Statutory Requirements for Commercial Space Launch and Reentry Actions. FAA notice of proposed rulemaking. Summary: “FAA proposes to amend its commercial space licensing regulations to streamline the licensing process and reduce regulatory burden for applicants. Specifically, FAA proposes to invoke the Secretary of Transportation's statutory authority to waive requirements of laws of the U.S. for a license or permit, after consultation with the head of the appropriate executive agency, when the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States. FAA proposes waiving requirements under 13 laws for commercial space licenses and permits to operate a launch site, licenses to operate a reentry site, experimental permits, and licenses to operate a launch or reentry vehicle.” 

UAS 

Notice of Availability of the Final Programmatic Environmental Assessment and FONSI/ROD. FAA notice of availability. Summary: “The Federal Aviation Administration (FAA) announces the availability of the Final Programmatic Environmental Assessment (PEA) and Finding of No Significant Impact (FONSI)/Record of Decision (ROD), following the FAA's evaluation of the potential environmental effects of its decision related to unmanned aircraft systems (UAS) (drone) package delivery operations in the United States.” 

Executive Orders 

EO 14416 - Restoring Trust in the Smithsonian Institution – Federal Register. 

EPA Sends Response Plans Delay Final Rule to OMB

On Wednesday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the EPA on “Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy”. The notice of proposed rulemaking was published on March 5th, 2026. 

I do not expect to cover this rulemaking in any detail out of disrespect for the action being taken. I will, however, acknowledge publication of the final rule in the appropriate Short Take post. 

EPA Sends NPDES NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions”. 

This rulemaking was not listed in the Spring 2025 Unified Agenda, so the planned scope of this rulemaking is not readily available. I would assume, however, that this NPRM is part of the Administration’s deregulatory agenda. 

I would not expect to cover this rule in any detail, but at a minimum I will be mentioning the publication of the NPRM in the appropriate Short Takes post. 

EPA Publishes Two Hydrofluorocarbon Rulemakings

Today the EPA published two rulemakings in the Federal Register: 

Notice of proposed rulemaking - Phasedown of Hydrofluorocarbons: Excluding Road and Intermodal Container Transport Refrigeration Units From the Hydrofluorocarbon Leak Repair Requirements (91 FR 30532), and 

Final rule - Reconsideration of Certain Regulatory Requirements Promulgated Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020 (91 FR 31284-31330). 

The NPRM is proposing an exemption to the leak-repair requirements for refrigerant-containing appliances for road and intermodal container transport refrigeration units (TRUs). It would add a new paragraph (3) to 40 CFR 84.106(c) adding the TRU exemption to those already included in the subsection. 

The final rule revises specific aspects of the regulations at 40 CFR part 84 subpart B. The notice of proposed rulemaking (NPRM) for today’s final rule was published on October 24th, 2025. It addresses the following areas: 

• Refrigerated Transport - Intermodal Containers, 

• Industrial Process Refrigeration and Chillers for Industrial Process Refrigeration in Semiconductor Manufacturing, 

• Retail Food - Supermarkets,  

• Cold Storage Warehouses,  

• Replacement Condensing Units in the Residential and Light Commercial Air Conditioning and Heat Pump Subsector, 

• Industrial Process Refrigeration in Certain Laboratory Equipment, and 

• Preventing Stranded Inventory of Residential and Light Commercial Air Conditioning and Heat Pump Equipment. 

The effective date for this final rule is July 27th, 2026.