EPA Exclusion Of Rule ‘Text’ From 111(d) Plan Raises ‘Fair Notice’ Questions

January 20, 2023
EPA’s recent proposal to modify implementing rules for Clean Air Act section 111(d) excludes the actual regulatory text in the official Federal Register notice, raising questions about why the agency is increasingly excluding text and other details it previously routinely placed in the notices, such as whether the agency is offering “fair notice” to comment on the rule. One industry attorney following the issue tells Inside EPA that the Dec. 23 Federal Register notice includes only preamble...

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