Spring 2023 Unified Agenda Published: Proposal Delays CERCLA PFAS Rulemaking
Last week, the Office of Information and Regulatory Affairs released the Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions. The Agenda outlines short-term and long-term schedules for rulemaking efforts across the agency and also makes revisions to earlier rulemaking timetables that will govern its activities going into next year.

Most notably, the Spring 2023 Agenda notes that the U.S. Environmental Protection Agency’s deadline for its rulemaking to designate PFOA and PFOS as hazardous substances under Comprehensive Emergency Response Compensation and Liability Act is delayed. The final rulemaking is now slated to be released in February 2024. This represents a six-month delay from when USEPA initially planned to publish the final rulemaking. The Agenda also states that USEPA’s listing of decision for six additional PFAS chemicals and GEN X delayed by nine months and the Advanced Notice of Proposed Rulemaking to list additional PFAS chemicals public comment period extended for an additional sixty days until August 11.

 

Fiscal Year 2024 Appropriations Process Continues Ahead
House Republican leadership announced last week that Fiscal Year 2024 spending limits will now be based off FY2022 limits. The announcement rejects the previously agreed upon spending limits agreed-upon in the Fiscal Responsibility Act’s Fiscal Year 2023 and means a 30% budget cut for domestic program funding.

The additional $100 billion reduction creates a new hurdle in developing final spending bills later this year and means spending bills exclusive of Defense appropriations will face draconian cuts if enacted. Adding additional complexity to developing FY2024 spending bills is that the Senate will still adhere to funding levels based upon Fiscal Year 2023 spending levels. The new fiscal year starts on October 1 when Congress will have to either passing new spending bills or a continuing resolution to give appropriators more time to finalize appropriations if new bills are not complete. Based on the diverging spending limits in the House and Senate, it will have to be seen how appropriators bridge this and other spending differences.