Federal Agencies.

• Date: 01 January 2024

12024 ENVIRONMENTAL LAW REPORTER 54 ELR 10083

In the Federal Agencies

"In the Federal Agencies" contains summaries of notable agency activity during the month of November 2023. Citations

are to the Federal Register (FR). Entries below are organized by Final Rules, Proposed Rules, and Notices. Within each

section, entries are further subdivided by the subject matter area, with entries listed chronologically. To see ELR's entire

collection, visit https://www.elr.info/federal-register.

FINAL RULES

AIR

EPA designated one new equivalent method for measuring

concentrations of lead, and one new equivalent method for

measuring concentrations of pa rticulate matter (PM10) in am-

bient air. 88 FR 76212 (11/6/23).

EPA nalized amendments to the regulations that gov-

ern the processes and timelines for state and federal plans

to implement emission guidelines under CAA new source

performance standards for existing sources. 88 FR 80480

(11/17/23).

EPA nalized amendments to the new source performance

standards for secondary lead smelters, and nalized the use

of EPA Method 22 (Visual Determination of Fugitive Emis-

sions From Material Sources and Smoke Emissions From

Flares) as an alternative for demonstrating compliance with

the opacity limit. 88 FR 80594 (11/20/23).

GOVERNANCE

EPA revised regulations addressing preemption of state and

local regulation of locomotives and engines used in locomo-

tives. 88 FR 77004 (11/8/23).

WILDLIFE

In order to comply with a district court order, FWS reinst ated

regulatory protections under the ESA for the gray wolf in all

or portions of the 45 U.S. states and Mexico, where the spe-

cies was listed at the ti me the delisting rule was issued. 88 FR

755 06 (11/ 3/23 ).

FWS established a nonessential experimental population

of the gray wolf in Colorado under the ESA. 88 FR 77014

(11/8/23).

FWS determined thre atened species status under the ESA

for the distinct population segment of the North Ameri-

can wolverine occurring in the contiguous United States,

and issued a §4(d) rule that provides the prohibitions,

and exceptions to those prohibitions, necessary and

advisable for the conservation of the specie s. 88 FR 83726

(11/30/23).

PROPOSED RULES

CLIMATE CHANGE

e Department of Health and Huma n Services proposed to

revise its oodplain management procedures to include cli-

mate science if an action takes place in a oodplain. 88 FR

76219 (11 /6/2 3).

ENERGY

DOE proposed to amend its implementing procedures gov-

erning compliance with NEPA, by adding a categorical ex-

clusion for certain energy storage systems and revising cate-

gorical exclusions for upgrading a nd rebuilding transmission

lines and for solar photovoltaic systems, as well as making

conforming changes to related sections of the Department’s

NEPA regulations. 88 FR 78681 (11/16/23).

NATURAL RESOURCES

e Forest Service proposed to amend its special use regula-

tions, which prohibit authorizing exclusive and perpet ual use

and occupancy of National Forest System lands, to provide

an exemption for carbon capture and storage. 88 FR 75530

(11/3/23).

NOTICES

NATURAL RESOURCES

EPA adopted a Bureau of Indian Aairs categorical exclu-

sion for waste management activities involving remediation

of hazardous waste sites under NEPA for use by EPA’s Con-

taminated Alaska Native Claims Settlement Act Lands As-

sistance Program. 88 FR 80298 (11/17/23).

WATER

EPA announced the availability of draft guidance on apply-

ing the U.S. Supreme Court’s recent decision in County of

Maui v. Hawaii Wildlife Fund in the CWA §402 NPDES

permit program for point source discharges that travel

through groundwater before reaching a water of the United

States. 88 FR 82891 (11/27/23).

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120.