White House

WH Announces Import Adjustments of Processed Minerals and Derivatives into the US:

The proclamation, issued pursuant to section 232 of the Trade Expansion Act of 1962, determines that imports of processed critical minerals and their derivative products are occurring in quantities and under circumstances that threaten to impair the national security of the United States. The President concurs with the findings of the Secretary of Commerce that these materials are essential to national defense, critical infrastructure, and key economic sectors, and that the United States is significantly dependent on foreign sources for their processing and supply. This import reliance has contributed to vulnerabilities in supply chains, insufficient domestic processing capacity, and increased exposure to foreign market distortions. As a result, the current level and conditions of imports are deemed inconsistent with the maintenance of a secure and resilient industrial base necessary for national security.

To address this threat, the proclamation directs the Secretary of Commerce and the United States Trade Representative to pursue negotiations with foreign trading partners to adjust imports in a manner that

strengthens domestic supply chains and reduces national security risks. Such negotiations may include the use of trade measures designed to promote secure and diversified sourcing of processed critical minerals and derivative products. The proclamation further provides that, if negotiations do not adequately mitigate the identified risks, the President may consider additional actions to adjust imports consistent with applicable law.

The Secretary of Commerce is instructed to continue monitoring import conditions and to report any developments that may warrant further action. Federal agencies are authorized to take all necessary steps, consistent with law, to implement the proclamation.

WH Announces Import Adjustment of Semiconductors, Manufacturing, and Other Derivatives into the US:

The Presidential proclamation titled Adjusting Imports of Semiconductors, Semiconductor Manufacturing Equipment, and Their Derivative Products into the United States is issued under section 232 of the Trade Expansion Act of 1962 and responds to a Department of Commerce investigation that found imports of semiconductors, semiconductor manufacturing equipment, and their derivative products in present quantities and circumstances threaten to impair the national security of the United States. The Secretary determined that United States capacity to manufacture semiconductors and certain advanced manufacturing equipment is insufficient to meet domestic demand, that semiconductors are essential to economic, industrial, and military systems, and that heavy reliance on foreign supply chains creates a national security vulnerability. The President concurs with these findings and concludes that action to adjust such imports is necessary and appropriate to address this threat.

The proclamation adopts a two-phase plan of action. In the first phase the President directs the Secretary of

Commerce and the United States Trade Representative to negotiate or continue negotiations of agreements with foreign jurisdictions to strengthen the domestic semiconductor industry and address the national security risk.

An immediate ad valorem tariff of 25 percent is imposed on a narrowly defined category of advanced computing chips and specified derivative products that do not contribute to the build-out of the United States technology supply chain or domestic manufacturing capacity. This tariff does not apply to imports of the covered products for use in United States data centers, for research and development, for use by startups, for repairs or replacements performed in the United States, for non-data center consumer or civil industrial applications, for United States public sector use, or for other uses that the Secretary determines contribute to strengthening the United States technology supply chain or domestic manufacturing capacity. The proclamation authorizes necessary adjustments to the Harmonized Tariff Schedule and other administrative measures to effectuate these actions and allows for further measures if the negotiated agreements are not effective in addressing the national security threat.

Department of Labor:

USDOL Announces 2026 National Apprenticeship Week for April 26-May 2

U.S. Department of Labor today announced the 2026 National Apprenticeship Week will take place from April 26-May 2, marking the nationwide celebration’s move to spring.

National Apprenticeship Week is an annual nationwide celebration for employers, educators, state agencies, unions, and many others to showcase how Registered Apprenticeship improves and expands career pathways for American workers, while helping employers drive economic growth across all industries. Since its inception in 2015, more than 2 million people participated in more than 10,000 National Apprenticeship Week events, and over 3,250 proclamations have been issued in support of Registered Apprenticeship.

Nationwide events to promote Registered Apprenticeship in skilled trades and other high-growth, high-demand industries include an Apprenticeship Appreciation Week celebration hosted by Pinellas Community College; Zurich American Insurance Co.’s webinar, Embedding Apprenticeships as Part of your Early Career Strategy; and a National Apprenticeship Week hosted by the Central South Carpenters Regional Council.

The department encourages employers, educators, apprentices, state agencies, unions, and other Registered Apprenticeship system stakeholders to host events and engage in National Apprenticeship Week 2026 activities.

Find a National Apprenticeship Week 2026 event near you and learn how to participate.

USDOL Issues 6 Opinion Letters on Addressing Employee Classification, Bonuses, Overtime Exemptions, and FMLA:

U.S. Department of Labor’s Wage and Hour Division issued six opinion letters designed to promote clarity, consistency, and transparency in the application of federal labor standards under the Fair Labor Standards Act and Family and Medical Leave Act.

The opinion letters issued today are:

• FLSA2026-1: Whether an employee’s role meets the criteria for the learned professional exemption under section 13(a)(1) of the FLSA, and, if so, whether an employer is nevertheless permitted to

  reclassify the employee as non-exempt.

• FLSA2026-2: Whether section 7(e) of the FLSA permits an employer to exclude certain bonus payments from an employee’s regular rate of pay. The letter also addresses how to include these payments in the

  calculation of employee overtime premiums if the payments must be included in an employee’s regular rate of pay.

• FLSA2026-3: Whether a union and employer can enter into a collective bargaining agreement that

  mandates a 15-minute “roll call” prior to each scheduled shift but excludes that time when calculating overtime premiums under the FLSA.

• FLSA2026-4: Whether, for purposes of the overtime exemption for certain commissioned employees in section 7(i) of the FLSA, an employer in a jurisdiction in which the state minimum wage exceeds the

  federal minimum wage must use the federal minimum wage, or alternatively, the higher state minimum wage, to determine whether it has satisfied the minimum pay standard in section 7(i)(1), and whether

  tips are deemed compensation for purposes of section 7(i)(2)’s requirement that more than half the employee’s compensation consist of commissions.

• FMLA2026-1: How a school closure of less than a full week impacts the amount of leave a school employee uses under the FMLA.
• FMLA2026-2: Whether FMLA leave may be used for time spent traveling to or from medical

  appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment.

  The public is encouraged to use the division’s new opinion letters page to explore past guidance and submit new requests. The division will exercise discretion in determining whether and how it will respond to each request, which will focus primarily on attempting to address issues of broad-based concern.

  USDOL Announces Notice of Funding Opportunity of $145 million To Support Pay-For-Performance Registered Apprenticeship Expansion:

  The U.S. Department of Labor released a forecast notice announcing the upcoming availability of $145 million in funding to support a pay-for-performance incentive payment program to further expand the national apprenticeship system. The department will award up to five cooperative agreements for a four-year period of performance, focusing on expanding newly developed Registered Apprenticeships and growing existing programs across industries. The program will also place an emphasis on incentivizing industries with a well-established Registered Apprenticeship program infrastructure.

  Read the forecast notice for the pay-for-performance incentive payments program on Grants.gov.

  USDOL in 2025 Recovers Over $259 Million in Wages:

  Department of Labor’s Wage and Hour Division today announced it has recovered more than $259 million in back wages for nearly 177,000 employees nationwide – an average of $1,465 per worker – in fiscal year 2025. Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

  DOL Awards $13.8 million in Funding for America’s Shipbuilding Workforce:

  The Department of Labor announced the award of nearly $14 million in funding to support the development of programs aimed at reinvigorating and rebuilding the U.S. maritime industry and workforce.

  Administered by the department’s Bureau of International Labor Affairs, the department awarded $8 million to Delaware County Community College and $5.8 million to the Massachusetts Maritime Academy to advance the next generation of American shipbuilders through hands-on, cutting-edge training programs developed in conjunction with international partners. The projects will develop a specialized, internationally recognized curriculum on shipbuilding trades to expand apprenticeship opportunities in the United States, working directly with U.S. shipyards and supporting innovation in areas such as modular and icebreaker technology.

  DOL Awards $22 million in Funding For Critical Minerals and Supply Chains:

  U.S. Department of Labor announced the award of $22 million in funding to strengthen critical mineral supply chains and combat China’s reliance on labor abuse as a means of controlling the world’s critical minerals.

  Awarded through four cooperative agreements, the grants support efforts to eliminate labor exploitation in key mineral supply chains in Indonesia and the Democratic Republic of Congo that are essential to U.S. manufacturing, energy production, and national security. By addressing abusive labor practices overseas, these projects help ensure that American workers and companies that play by the rules can compete on a level playing field.

  The department awarded $7 million to Winrock International and $3 million to the Center for Advanced Defense Studies to combat labor exploitation in Indonesia’s nickel supply chain. The department also awarded $7 million to Pact and $5 million to World Vision to combat egregious labor practices in the cobalt, copper, tantalum, tin, and tungsten supply chains of the Democratic Republic of Congo.

  USDOL’s EBSA Updates National Enforcement Projects for Employee Benefit Plans:

  U.S. Department of Labor’s Employee Benefits Security Administration announced the overhaul of its national enforcement projects for fiscal year 2026. The changes to the national enforcement projects, the most significant EBSA has made in recent years, highlight where EBSA will focus its enforcement resources to increase broad-

  based employee benefit plan compliance, address abusive practices and bad actors, and deliver results that increase security for participants and beneficiaries.

  Under the updated enforcement projects, investigators will prioritize cases related to:

• Cybersecurity
• Barriers to mental health and substance use disorder benefits
• Protecting benefit distributions
• Retirement asset management
• Surprise billing
• Criminal abuse of contributory benefit plans

  Although not a national project, EBSA will continue its long-standing commitment to identifying abusive Multiple Employer Welfare Arrangements and preventing fraudulent MEWA operators from opening new arrangements in other states.

  EBSA removed Employee Stock Ownership Plans from the national enforcement project list and will reduce its focus on missing participants following the establishment of the Retirement Savings Lost and Found Database.

  USDOL and Department of Education Issue New Guidance for State Plans for Alignment of Education and Workforce Development Systems:

  U.S. departments of Labor and Education released guidance to support states in updating their Workforce Innovation and Opportunity Act State Plans. The guidance builds on the agencies’ collaborative efforts over the past year, including the transition of the WIOA State Plan Portal to Department of Labor, activating Perkins V and Adult Education Basic Grants through the Department of Labor’s GrantSolutions and the Payment Management System, and publishing available WIOA waiver and flexibility options to more closely integrate programs.

  The departments are expecting more states to submit Combined State Plans with partner programs, including the Perkins V Career and Technical Education. The original deadline for State Plan modifications was March 3 but has been extended to April 30 to allow flexibility and promote greater alignment.

  Read Training and Employment Guidance Letter No. 07-25.

  USDOL Wage and Hour Division Announces Compliance Assistant Tools for Employers:

  U.S. Department of Labor’s Wage and Hour Division today announced the launch of several compliance assistance resources designed to promote greater compliance with federal labor laws. Some of the new features include a compliance assistance webpage, a video series on the Family and Medical Leave Act, and revamped compliance assistance toolkits for various industries.

  USDOL and Arkansas DOL Announce Apprenticeship American Manufacturing Apprenticeship Incentive Fund Portal:

  Department of Labor today announced the launch of the American Manufacturing Apprenticeship Incentive Fund portal, which will accept applications from eligible Registered Apprenticeship sponsors nationwide.

  This initiative was designed through a cooperative agreement with Arkansas and represents an innovative approach that aligns with America’s Talent Strategy. The $35.8 million American Manufacturing Apprenticeship Incentive Fund is designed to incentivize employers nationwide to develop, expand, or join existing advanced manufacturing Registered Apprenticeship programs through a pay-for-performance model. Through the program, eligible Registered Apprenticeship sponsors will receive $3,500 for each new apprentice hired.

  Administered by the Arkansas Department of Commerce’s Division of Workforce Services, in partnership with the department’s Employment and Training Administration, the American Manufacturing Apprenticeship Incentive Fund supports several of President Trump’s executive orders related to expanding the Registered Apprenticeships program.

  Applications will be accepted on a rolling basis until 100% of available incentive funds have been obligated. Eligible incentive fund applicants include Registered Apprenticeship program sponsors and group sponsors or consortia.

  Connect to the American Manufacturing Incentive Fund application portal.

  Learn more about the American Manufacturing Apprenticeship Incentive Fund.

  Department of Energy:

  U.S. Department of Energy Awards $2.7 Billion to Restore American Uranium Enrichment

  The U.S. Department of Energy (DOE) today announced $2.7 billion to strengthen domestic enrichment services over the next ten years. The investment expands U.S. capacity for low-enriched uranium (LEU) and jumpstarts new supply chains and innovations for high-assay low-enriched uranium (HALEU).

  Last year, DOE signed contracts with a total of six companies for LEU and HALEU enrichment that allowed them to bid on future work. Today, the Department announced task order awards with three companies that will transition the United States away from foreign sources of uranium and diversify the nation’s domestic fuel supply.

  Developing this new domestic production capacity for LEU and HALEU ensures an adequate fuel supply is

  available to maintain operations of the nation’s 94 commercial reactors and build a strong base to supply future deployments of advanced nuclear reactors. The following companies were awarded task orders totaling $2.7

  billion to provide enrichment services for LEU and HALEU:

  • American Centrifuge Operating ($900 million) to create domestic HALEU enrichment capacity
  • General Matter ($900 million) to create domestic HALEU enrichment capacity
  • Orano Federal Services ($900 million) to expand U.S. domestic LEU enrichment capacity

    More information on DOE’s efforts to develop nuclear fuel supply chains for existing and future reactors can be found at: LEU Enrichment, HALEU Enrichment, HALEU Technologies

    National Geothermal Technologies Office Launches Multistate Initiative to Expand Geothermal Power:

    The U.S. Department of Energy’s (DOE) Geothermal Technologies Office (GTO) has launched a new, 13-state effort to expand the use of firm, flexible geothermal power on the nation’s grid. Led by the National Association of State Energy Officials (NASEO), the Geothermal Power Accelerator will work with participating states to set statewide geothermal goals, strengthen resource mapping, and advance policies and programs that reduce project costs and address regulatory barriers.

    State Energy Offices from Arizona, California, Colorado, Hawai'i, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Pennsylvania, Utah, and West Virginia will collaborate with federal partners and industry leaders to identify solutions that drive geothermal investment and deployment. 

    Department of Energy Establishes Center for Used Fuel Research at Idaho National Laboratory:

    The U.S. Department of Energy (DOE) Office of Nuclear Energy announced the establishment of the Center for Used Fuel Research (Center) at Idaho National Laboratory (INL), officially designating INL as its leading institution for critical research, development, and demonstration efforts concerning used nuclear fuel (UNF) management.

    The new Center is specifically designed to be a national and international hub for applied research on the management of UNF that supports and maintains compliance, and advances public confidence in the safe storage and transportation of both commercial and DOE-managed UNF. This initiative directly addresses

    DOE’s statutory responsibility for the disposition of UNF and would not have been possible without DOE and the State of Idaho agreeing to a targeted waiver of the 1995 Settlement Agreement, which happened in April 2025.

    
    

    DOE Issues Final Request for Proposal for Portsmouth Infrastructure Support Services Contract:

    The U.S. Department of Energy (DOE) Office of Environmental Management (EM) today issued a final request for proposal (RFP) for the Portsmouth Infrastructure Support Services (ISS) procurement.

    The new contract is anticipated to be a hybrid contract that is primarily a cost-plus award fee contract, with a firm-fixed price (FFP) contract-line item (CLIN) for the transition period; cost-reimbursement no-fee CLINs for the administration of pension and benefits; and indefinite-delivery indefinite-quantity CLINs utilizing FFP or cost-reimbursement task orders, as needed.

    The period of performance for this contract is anticipated to be five years from the date of the award. This five-year period will be divided into one three-year base period, which is inclusive of a 60-day transition period, and one two-year option period.

    DOE requires a contractor to provide infrastructure support services at the Portsmouth Site, to include but not limited to: waste management; environmental safety, health, and quality program; safeguards and security; telecommunications; surveillance and maintenance of facilities; custodial services; grounds maintenance, snow removal, and pest control; roadway parking and lot maintenance; fleet management; real property management; records management and document control; engineering; training services; mail services; and other activities and support to DOE.

    Energy Department Announces $155 Million for 16 Projects for Critical Minerals and Energy Innovation:

    The U.S. Department of Energy's (DOE) Office of Critical Minerals and Energy Innovation today selected 16

    projects that will enhance the capability of the U.S. National Laboratories to develop technologies that improve efficiency.

    The selected projects will address critical industrial challenges in the following areas:

    • Energy-Intensive Industries: Develop the capabilities that enable industry to create innovative solutions in the most energy-intensive sectors, such as iron and steel, cement, chemicals, forest products, and food and

      beverage, where novel technologies can have the greatest impact.

    • Cross-Sector Technologies: Develop the technology capabilities that enable industry to address challenges common across multiple industrial subsectors, such as industrial process heating, membrane separations, load flexibility, and advanced computing.

Project highlights include:

• Data Center Cooling Collaborative: This Lawrence Berkeley National Laboratory project will form a data center cooling testbed network that can meet varied and evolving cooling technology needs; provide reliable, flexible, standardized user test facilities; and reduce the time and cost to bring new technologies to market.
• Burner Laboratories to Advance Fuel UtiliZation for Thermal Energy (BLAZE): National Energy Technology Laboratory and partners will establish and operate industry-accessible testbed facilities that will accelerate the development of innovative industrial combustion systems, allowing U.S. industry to meet the growing demand for efficient and adaptable process heating solutions.
• Center for Industrial Modeling and Simulation: Lawrence Livermore National Laboratory and partners will bring together lab modeling and simulation experts with stakeholders in industry and academia to share expertise, identify needs and opportunities, and accelerate the adoption of high-performance computing tools and resources to improve industrial efficiency and competitiveness.
• National Library for Iron Ore and Scrap: Idaho National Laboratory will develop an ore and steel scrap resource center to deliver characterized lab-and pilot-scale samples of various iron ore and steel scrap material for cutting-edge innovations using hard-to-obtain real-world samples.

View the full list of selections.

Treasury Department:

Treasury Department Releases Enhanced tax incentives for Qualified Opportunity Zone investments in rural areas:

Under the One, Big, Beautiful Bill, there are two important changes:

A rural area is now defined as any area other than a city or town with a population greater than 50,000, and any urbanized area contiguous and adjacent to a city or town with a population greater than 50,000. This

definition applies to States, the District of Columbia and U.S. territories.

The substantial improvement threshold for improvements to property located in a QOZ that is comprised entirely of a rural area, has been modified. As of July 4, 2025, the substantial improvement threshold for required additions to the basis for property located in these QOZs was reduced from 100 percent to 50 percent.

There are currently 8,764 QOZs in the U.S., many of which have experienced a lack of investment for decades. Notice 2025-50 PDF identified 3,309 of those QOZs as a rural area.

IRS Questions and answers about the new deduction for qualified overtime compensation:

This Fact Sheet provides answers to frequently asked questions (FAQs) about the new deduction for qualified overtime compensation, such as who may be eligible to claim the deduction, including federal employees, and where to find supplemental information on eligibility and other rules.

These FAQs are being issued to provide general information to taxpayers and tax professionals as expeditiously as possible. Accordingly, these FAQs may not address any particular taxpayer’s specific facts and

circumstances, and they may be updated or modified upon further review. Because these FAQs have not been published in the Internal Revenue Bulletin, they will not be relied on or used by the IRS to resolve a case.

Similarly, if an FAQ turns out to be an inaccurate statement of the law as applied to a particular taxpayer’s case, the law will control the taxpayer’s tax liability.

More information about reliance is available. These FAQs were announced in IR-2026-10.

Treasury, IRS issue guidance on the additional first year depreciation deduction

The Department of the Treasury and the Internal Revenue Service issued Notice 2026-11 PDF that provides taxpayers with guidance on the permanent 100% additional first year depreciation deduction for eligible

depreciable property acquired after Jan. 19, 2025, provided by the One, Big, Beautiful Bill. The notice also provides guidance on certain qualified sound recording productions that the OBBB added as property and may be eligible for the additional first-year depreciation deduction.

The notice also provides interim guidance on elections taxpayers can make to make certain property eligible for the additional first-year depreciation deduction. Under the OBBB, taxpayers may elect:

• To deduct 40-percent (60-percent for certain property having longer production periods or certain aircraft) instead of the 100-percent additional first-year depreciation deduction for qualified property placed in service during the first tax year ending after Jan. 19, 2025,
• To deduct additional first-year depreciation for one or more specified plants,
• To treat certain acquired or self-constructed components of larger self-constructed property as generally eligible for the additional first-year depreciation deduction, and
• Not to deduct the additional first-year depreciation for a qualified sound recording production.

Treasury and IRS Issue New Safe Harbor Explanations for Retirement Plan Administrators:

The Department of the Treasury and the Internal Revenue Service issued guidance for certain retirement plan administrators, updating safe harbor explanations to reflect tax law changes made after Aug. 6, 2020.

Notice 2026-13 PDF issued today provides safe harbor explanations that may be used by plan administrators when they provide written explanations to retirement plan participants about eligible rollover distributions, satisfying their requirements under section 402(f). In the notice, the first safe harbor explanation applies to non-Roth accounts and the second safe harbor explanation applies to Roth accounts.

The notice also addresses, among other things, changes to the 10% additional tax on early withdrawals from retirement plans, the required minimum distribution rules for surviving spouses, and the increased age for determining required beginning dates for required minimum distributions.

Plan administrators may customize these safe harbor explanations as appropriate. For instance, if the plan does not hold after-tax employee contributions, the plan administrator could eliminate that section of the safe harbor explanation.

Today’s guidance modifies the safe harbor explanations previously provided in Notice 2020-62 PDF.

Treasury, IRS issue proposed regulations on the clean fuel production credit:

The Department of the Treasury and the Internal Revenue Service issued proposed regulations for domestic producers of clean transportation fuel to determine their eligibility for and calculate the clean fuel production credit under the One, Big, Beautiful Bill. The new law made important changes to what is often referred to as the 45Z credit.

The clean fuel production credit provides businesses an income tax credit for clean transportation fuel produced domestically after Dec. 31, 2024, and sold by Dec. 31, 2029. To claim the credit, taxpayers must be registered with the IRS using Form 637, Application for Registration (For Certain Excise Tax Activities) PDF at the time of production.

The guidance also proposes rules to implement certain OBBB changes to the clean fuel production credit. OBBB changed the clean fuel production credit to:

• Extend the credit to Dec. 31, 2029;
• Limit feedstocks to those grown or produced in the US, Mexico, or Canada;
• Add prohibited foreign entity restrictions;
• Broaden sale attribution for fuel sold through related intermediaries;
• Eliminate the special rate for sustainable aviation fuel;
• Add an anti-abuse provision to prevent double crediting;
• Prohibit negative emissions rates except for fuels derived from animal manure;
• Require feedstock-specific emissions rates for fuels derived from animal manure; and
• Exclude indirect land use changes from emissions rates.

  Treasury and IRS welcome comments and requests to speak at the public hearing on these proposed regulations. Commenters are encouraged to use the Federal e-Rulemaking portal to submit comments (indicate “IRS” and “REG-121244-23”). A public hearing has been scheduled as described in the “Comments and Public Hearing” section.

  Paper submissions should be sent to: CC:PA:01:PR (REG-121244-23), Room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.

  Department of Justice:

  Justice Department Sues California Cities Over Natural Gas Bans

  The Justice Department has filed a lawsuit against two California cities over their ordinances banning natural gas infrastructure and appliances in new construction. The complaint asks the court to declare that the cities’ natural gas bans are preempted by federal law and enter a permanent injunction against their enforcement.

  Read the full complaint here.

  Department of Education:

  U.S. Department of Education and U.S. Department of Labor Take Next Steps to Implement Postsecondary Education Partnership:

  Departments of Education (ED) and Labor (DOL) announced that they have taken additional steps to integrate the nation’s postsecondary education and workforce development programs. Beginning the week of January 20, 2026, staff in the Higher Education Programs (HEP) Division of ED’s Office of Postsecondary Education (OPE) will be detailed to work at DOL as the agencies work together to better coordinate Federal postsecondary education programs.

  Following the detail, HEP grantees will transition to DOL’s Grant Solutions and Payment Management System, aligning the grants management and payment systems across ED and DOL’s postsecondary and workforce programs. This replicates the Workforce Development Partnership’s successful implementation process.

  Environmental Protection Agency:

  EPA Proposes CWA Section 401 Rule to Streamline Permitting:

  U.S. Environmental Protection Agency (EPA) announced a proposed rule that would return Clean Water Act (CWA) Section 401 to its proper statutory purpose. This proposed rule would fulfill EPA's statutory role to ensure the water quality certification process operates within the clear boundaries established by Congress, maximizing permitting efficiency and eliminating unwarranted delays that have stifled economic growth. The changes directly support the essential role that state co-regulators and authorized tribes play in protecting water resources.

  The proposed rulemaking would ensure predictability in Clean Water Act Section 401 implementation by standardizing approaches for certification requests and decisions, eliminating back-and-forth delay tactics on certification submissions, adhering to statutory timelines for certification decisions, and defining a clear process for both applicants and certifying authorities.

  Additionally, the proposed rule would ensure that states and tribes are no longer able to use Section 401 to shut down projects for reasons that fall outside of the Clean Water Act’s statutory requirements and appropriate and applicable water quality-related regulations.

  Following the proposed rule’s publication in the Federal Register, EPA will open a 30-day public comment period. The agency will quickly review comments received as it works to develop a final rule in the spring of 2026.

  Learn more about the proposal.

  EPA Advances Cooperative Federalism to Improve Air Quality by Taking an Important Step to Reconsider Biden-era “Good Neighbor Plan”

  U.S. Environmental Protection Agency (EPA) proposed phase 1 of its reconsideration of the Biden-era “Good Neighbor Plan.” Under phase 1, the agency is proposing to approve eight states’ State Implementation Plans (SIPs) pertaining to the 2015 eight-hour ozone National Ambient Air Quality Standards (NAAQS). If finalized, Alabama, Arizona, Kentucky, Minnesota, Mississippi, Nevada, New Mexico, and Tennessee would no longer need to worry about another “Good Neighbor Plan” and could implement the remainder of their SIPs. The Biden EPA disapproved the 2015 eight-hour ozone NAAQS SIPs for Alabama, Kentucky, Minnesota, Mississippi, and Nevada proposed to disapprove portions of the SIPs for Arizona, New Mexico, and Tennessee, and proposed error corrections on previous SIP approvals for Iowa and Kansas, claiming the states did not include sufficient provisions to control ozone emissions that travel across state lines.

  The Biden-Harris administration took it a step further by finalizing the “Good Neighbor Plan,” which mandated emission controls for power plants, natural gas pipelines, cement and cement product manufacturing, iron and steel mills and ferroalloy manufacturing, glass and glass product manufacturing, metal ore mining, basic chemical manufacturing, petroleum and coal products manufacturing, pulp, paper, and paperboard mills, and solid waste combustors or incinerators across 20 states, including six of the states mentioned in today’s action.

  EPA will hold a 30-day public comment period on the proposal following publication in the Federal Register. Read the proposal.

  Background

  On October 1, 2015, EPA promulgated a new 8-hour ozone NAAQS of 70 ppb. The CAA requires states to develop and send to EPA for review SIP submissions containing adequate provisions prohibiting significant contribution to nonattainment or interference with maintenance of the NAAQS in other states.

  In June 2024, the U.S. Supreme Court stayed enforcement of the “Good Neighbor Plan” pending judicial review (Ohio v. EPA. 144 S. Ct. 2040 (2024)). EPA has taken administrative action to stay the “Good Neighbor” Plan in its entirety in all 23 states.