New From the Federal Register

Below please find summaries of environment-related rules, proposed rules, and notices recently published in the Federal Register.

Proposed Rules

SIP Proposal: Indiana (temporary alternative opacity limitations for the BP Products North America, Inc. facility in Whiting, Indiana, during startup and shutdown).

Keywords:
Clean Air Act (CAA)
Final Rules

EPA announced its approval of seven alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations under the SDWA.

Keywords:
Safe Drinking Water Act (SDWA)
Proposed Rules

SIP Proposal: West Virginia (incorporation of NAAQS and associated monitoring reference and equivalent methods).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Missouri (construction permit exemptions). 

Keywords:
Clean Air Act (CAA)
Notices

EPA announced a proposed administrative settlement agreement under CERCLA concerning the Bautsch Gray Mine Superfund site in Jo Daviess County, Illinois, that reflects the potentially responsible party's inability to pay a cash dollar amount and requires the party to comply with specified property requirements.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Final Rules

SIP Approval: Pennsylvania (disapproval of certain reasonably available control technology provisions for the 1997 and 2008 ozone NAAQS).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Oklahoma (revisions to general SIP definitions and incorporation by reference of federal requirements under Oklahoma Administrative Code). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Wisconsin (incorporation of 2015 primary and secondary ozone NAAQS and updates to ensure implementation of the ozone NAAQS in areas currently or formerly designated as nonattainment for any ozone standard).

Keywords:
Clean Air Act (CAA)
Notices

United States v. The Sherwin-Williams Co., No. 1:19-cv-01907-JHR-EAP (D.N.J. Aug. 9, 2022).  A proposed second modification to a consent decree under CERCLA provides for defendant's performance of the remedy for selected water bodies at the Sherwin-Williams/Hilliards Creek Site in Gibbsboro and Voorhees, New Jersey, in accordance with the terms of the decree and the statement of work attached to the second modification.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Final Rules

EPA approved a CAA §111(d) state plan submitted by the Florida Department of Environmental Protection establishing performance standards and other operating requirements for existing municipal solid waste landfills and providing for the implementation and enforcement of those standards and requirements.

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Missouri (rescission of Missouri General Conformity Rule).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Indiana, Michigan, and Minnesota (startup, shutdown, and malfunction event provisions).

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: California (determination of attainment by the attainment date for the Imperial County 2015 ozone nonattainment area, but for emissions emanating from outside the United States).

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: North Carolina (revisions to emission control standards regulations).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Arizona (maintenance plan and redesignation to attainment for the Nogales 2006 24-hour fine particulate matter planning area).  

Keywords:
Clean Air Act (CAA)
Notices

EPA proposed to determine that the reduction in expenditures of recurrent nonfederal funds for the Hawaii Department of Health in support of its continuing air program under §105 of the CAA for fiscal year 2022 is a result of non-selective reductions in expenditures. 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: North Carolina (removal of Lee, Onslow, and Rockingham Counties from motor vehicle inspection and maintenance program).

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: New York (control measures for architectural and industrial maintenance coatings to reduce volatile organic compound emissions).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: New Hampshire (requirements for open burning, fugitive dust, and firefighter instruction and training activities).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Kentucky (excess emissions during startup, shutdown, and malfunction events).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Missouri (partial approval and partial disapproval of updates to construction permit requirement regulations for stationary and portable air sources).

Keywords:
Clean Air Act (CAA)
Notices

United States v. Metalworking Lubricants Co., No. 22-1560 (S.D. Ind. Aug. 5, 2022).  A settling CAA defendant that emitted more than 24 tons per year of organic hazardous air pollutants from a used oil processing facility located in Indianapolis, Indiana, must install, maintain, operate, and continuously monitor a carbon adsorption system to control organic emissions from its oil and wastewater processing tanks; install new tanks, oil-water separators, piping and/or ductwork; make repairs to existing tanks, oil-water separators, piping and/or ductwork to ensure all existing, new, and replacement oil processing tanks and oil-water separators are covered by fixed roofs and vented directly through a closed-vent system; and pay a $310,000 civil penalty.

Keywords:
Clean Air Act (CAA)
Notices

United States v. Metropolitan St. Louis Sewer District, No. 4:07-CV-01120 (E.D. Mo. Aug. 5, 2022). A proposed amendment to a 2012 consent decree allows settling CWA defendants to replace two combined sewer overflow (CSO) storage tunnels with one larger CSO storage tunnel to accommodate overflows from all of the outfalls related to the original two CSO storage tunnels.

Keywords:
Clean Water Act (CWA)
Final Rules

EPA amended the Code of Federal Regulations to reflect a 2015 court decision regarding the NESHAP for stationary reciprocating internal combustion engines and new source performance standards for stationary internal combustion engines.

Keywords:
Clean Air Act (CAA)
Notices

EPA announced a proposed settlement in a CWA lawsuit alleging that the Agency failed to prepare and publish proposed water quality standards for mercury pollution to protect aquatic life following its disapproval of Idaho's related water quality standard revisions in 2008; the settlement requires the Agency to publish proposed aquatic life mercury criteria for Idaho within 18 months. 

Keywords:
Clean Water Act (CWA)
Notices

EPA announced a public meeting of the National Environmental Justice Advisory Council to discuss Agency administration priorities, recommendations on the 2021 PFAS Strategic Roadmap, and recommendations on community air quality monitoring.

Keywords:
Environmental Justice
Proposed Rules

EPA proposed to add a diisononyl phthalate category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act. 

Keywords:
Emergency Planning and Community Right-To-Know Act (EPCRA)
Notices

United States v. Thunder Diesel & Performance Co., No. 3:22-cv-03042 (W.D. Ark. July 28, 2022). Settling CAA and Federal Debt Collection and Procedures Act defendants that violated regulations governing the manufacture and sale of aftermarket automobile parts that bypass or defeat emission controls on diesel trucks must perform injunctive relief and pay a $1.6 million civil penalty. 

Keywords:
Clean Air Act (CAA)
Notices

The federal agencies issued their semiannual regulatory agendas to update the public about regulations currently under development, reviews of existing regulations with small business impacts, and regulations completed or canceled since the last agenda. EPA’s agenda can be found at 87 FR 48332.

Keywords:
Agencies
Notices

FWS initiated five-year status reviews of five species under the ESA. 

Keywords:
Endangered Species Act (ESA)
Final Rules

SIP Approval: Arizona (interim final determination to defer sanctions due to the correction of deficiencies concerning ozone nonattainment requirements for Maricopa County). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Arizona (interim final determination to defer sanctions due to the correction of deficiencies concerning reasonably available control technology requirements for controlling nitrogen oxide emissions from combustion equipment and internal combustion engines in Maricopa County). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Arizona (reasonably available control technology demonstration for the aerospace coating category, negative declarations for the Phoenix-Mesa 2008 eight-hour ozone nonattainment area, and a rule concerning volatile organic compound emissions from surface coatings and industrial adhesives). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Arizona (local rules and reasonably available control technology requirements concerning emissions of nitrogen oxides and particulate matter from combustion equipment and internal combustion engines in Maricopa County). 

Keywords:
Clean Air Act (CAA)
Notices

United States v. January Environmental Services, Inc., No. 5:20-cv-1205 (W.D. Okla. July 27, 2022). Settling RCRA defendants that violated regulations at a used oil transportation and processing facility in Oklahoma City, Oklahoma, must perform corrective measures to bring the facility into compliance, ensure compliance going forward, and pay $1,900,000 in civil penalties. 

Keywords:
Resource Conservation and Recovery Act (RCRA)
Notices

NMFS announced the availability of 50 final 2021 marine mammal stock assessment reports as required by the Marine Mammal Protection Act. 

Keywords:
Wildlife (generally)
Notices

CEQ seeks feedback on the vision, framework, and outcomes of the Environmental Justice Scorecard as mandated by Executive Order No. 14008, Tackling the Climate Crisis at Home and Abroad. 

Keywords:
Environmental Justice
Notices

FWS announced the availability of and seeks comment on a revised draft marine mammal stock assessment report for two West Indian manatee stocks, the Florida manatee stock, and the Puerto Rico stock of Antillean manatees in accordance with the Marine Mammal Protection Act. 

Keywords:
Wildlife (generally)
Final Rules

SIP Approval: California (reasonably available control technology requirements and negative declarations for the Western Nevada County 2015 eight-hour ozone nonattainment area). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: North Dakota (removal of exemptions to visible air emissions restrictions). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

NMFS proposed changes to the North Atlantic right whale vessel speed regulations to further reduce the likelihood of mortalities and serious injuries to endangered right whales from vessel collisions. 

Keywords:
Wildlife (generally)
Final Rules

SIP Approval: New Jersey (removal of excess emissions provision). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Kentucky (replacement of several source-specific permits with board order with emissions controls for facility in Jefferson County). 

Keywords:
Clean Air Act (CAA)
Notices

United States v. Starkist Co., No. 2:17 CV 01190-DSC (W.D. Pa. July 1, 2022). A proposed modification to a CERCLA consent decree requires settling CWA, EPCRA, and RCRA defendants to achieve and maintain compliance with the effluent limits in their NPDES permit in an alternative manner than that set forth in the original consent decree. 

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Emergency Planning and Community Right-To-Know Act (EPCRA), Clean Water Act (CWA)
Final Rules

SIP Approval: Oklahoma (revisions to Oklahoma Administrative Code in connection with the emission of volatile organic compounds in nonattainment areas and former nonattainment areas). 

Keywords:
Clean Air Act (CAA)
Notices

United States v. DCP Operating Co., LP, No. 1:22-cv-01829-NRN (D. Colo. July 25, 2022). Settling CAA defendants that violated leak detection and repair requirements at seven natural gas processing plants in Colorado must perform injunctive relief to address the violations, implement a mitigation project to help offset excess emissions caused by the violations, and pay a $3,250,000 civil penalty. 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: California (limited approval and limited disapproval of revisions to a rule governing issuance of stationary source permits for major sources in the San Joaquin Valley Air Pollution Control District). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Arizona, California, and Nevada (emissions statement requirements for the 2015 ozone NAAQS). 

Keywords:
Clean Air Act (CAA)
Notices

The Forest Service announced the availability of up to $1 billion in grant funding for the establishment of the Community Wildfire Defense Grant Program as appropriated under the Infrastructure Investment and Jobs Act. 

Keywords:
Natural Disasters
Final Rules

SIP Approval: Minnesota (infrastructure requirements for the 2015 ozone NAAQS). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

EPA proposed to list certain substitutes under the Significant New Alternatives Policy program in refrigeration, air conditioning, and fire suppression. 

Keywords:
Clean Air Act (CAA)
Notices

United States v. Equistar Chemicals, LP, No. 4:21-cv-3359 (S.D. Tex. July 25, 2022).  A proposed amendment to a consent decree requires settling CAA defendants to perform injunctive relief and pay a $324,000 civil penalty in connection with violations involving two flares used at a petrochemical manufacturing plant owned and operated by the defendants in Morris, Illinois. 

Keywords:
Clean Air Act (CAA)
Final Rules

EPA approved Michigan's Class II Underground Injection Control Program for primacy under the SDWA. 

Keywords:
Safe Drinking Water Act (SDWA)
Notices

EPA Region 1 announced the availability of a draft modification to the NPDES Aquaculture General Permit for discharges from concentrated aquatic animal production facilities and other related facilities to certain waters in Vermont that updates the formaldehyde monitoring requirement for two facilities. 

Keywords:
Clean Water Act (CWA), Aquaculture
Proposed Rules

FWS seeks comments to assist development of a proposed rule establishing objectives, measurable performance standards, and criteria for use for species conservation banking. 

Keywords:
Endangered Species Act (ESA)
Notices

EPA announced a proposed consent decree in a CAA citizen suit alleging that the Agency failed to timely determine the attainment status of certain areas for the 2008 ozone NAAQS; the decree establishes deadlines for EPA to sign notices of final action. 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Kentucky (base-year emissions inventory requirements for the Cincinnati, Ohio-Kentucky 2015 eight-hour ozone nonattainment area and for Kentucky counties in the Louisville, Kentucky-Indiana 2015 eight-hour ozone nonattainment area). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: South Carolina (updates to PSD and nonattainment new source review regulations). 

Keywords:
Clean Air Act (CAA)
Notices

United States v. CISNE NY Construction, Inc., No. 22-338 (S.D.N.Y. July 19, 2022). Settling TSCA defendants that violated the Renovation, Repair, and Painting (RRP) Rule during renovations must comply with the RRP Rule, complete an RRP checklist at all worksites, notify EPA in advance of projects that implicate the RRP Rule, and pay $25,000.

Keywords:
Toxic Substances Control Act (TSCA)
Final Rules

SIP Approval: Missouri (removal of control of emissions from bakery ovens in St. Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Tennessee (public notice rule provisions for the new source review program).

Keywords:
Clean Air Act (CAA)
Notices

NOAA seeks comment on a proposed revision to the management plan for the He'eia National Estuarine Research Reserve. 

Keywords:
Water (generally)
Proposed Rules

EPA proposed a finding of failure to attain and reclassification to moderate for the Las Vegas 2015 ozone marginal nonattainment area. 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Louisiana (removal of excess emissions provisions). 

Keywords:
Clean Air Act (CAA)
Notices

EPA Region 6 proposed to reissue NPDES General Permit No. GMG290000 for existing and new sources and new dischargers in the offshore subcategory of the oil and gas extraction point source category, located in and discharging to the outer continental shelf offshore of Louisiana and Texas. 

Keywords:
Clean Water Act (CWA)
Proposed Rules

FWS rescinded the rule titled “Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat” published on December 18, 2020, which set new regulations for excluding areas of critical habitat under §4(b)(2) of the ESA; this action removes the regulations established by that rule. 

Keywords:
Endangered Species Act (ESA)
Final Rules

EPA approved the Oklahoma Department of Environmental Quality's request for delegation of authority to implement and enforce certain NESHAPs for sources located in certain areas of Indian country.

Keywords:
Clean Air Act (CAA)
Proposed Rules

EPA proposed to approve the Washington State Department of Health's request for full delegation of authority to implement and enforce the NESHAP for radionuclide air emissions.

Keywords:
Clean Air Act (CAA)
Notices

NMFS seeks comment on draft revisions to a procedural directive concerning the process for distinguishing serious from non-serious injury of marine mammals under the Marine Mammal Protection Act. 

Keywords:
Wildlife (generally), Oceans
Notices

United States v. PCS Nitrogen Fertilizer, L.P., No. 3:22-cv-00468-SDD-RLB (M.D. La. July 13, 2022). A settling RCRA defendant that deposited large piles of phosphogypsum, a byproduct of manufacturing phosphate and nitrogen fertilizer products, at a former phosphoric acid fertilizer facility in Geismar, Louisiana, must implement compliance projects at the facility; make RCRA hazardous waste determinations and properly manage all solid waste generated; construct a wastewater treatment plant and properly segregate stormwater and wastewater; comply with specified requirements for the ongoing closure and long-term care of the facility; provide over $84 million of financial assurance to cover the costs of such obligations; and pay a civil penalty of $1,510,023.

Keywords:
Resource Conservation and Recovery Act (RCRA)
Final Rules

EPA updated the list of chemicals subject to toxic chemical release reporting under EPCRA and the Pollution Prevention Act to include five per- and polyfluoroalkyl substances. 

Keywords:
Emergency Planning and Community Right-To-Know Act (EPCRA), Pollution Prevention
Notices

EPA added certain water quality limited waters to the 2018 New York list of impaired waters under the CWA. 

Keywords:
Clean Water Act (CWA)
Notices

EPA entered into a proposed administrative settlement under CERCLA that requires the settling party to pay $355,000 to cover past response costs in connection with the Crest Rubber Superfund site in Alliance, Ohio.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Proposed Rules

NOAA proposed changes to the Florida Keys National Marine Sanctuary to expand the boundary of the sanctuary, update sanctuary-wide regulations, update the individual marine zones and their associated regulations, and revise the sanctuary’s terms of designation. 

Keywords:
Oceans
Proposed Rules

The Federal Highway Administration proposed to amend its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets and a method for the measurement and reporting of greenhouse gas emissions associated with transportation under Title 23 of the U.S. Code.

Keywords:
Transportation, Climate Change (generally)
Proposed Rules

SIP Proposal: California (nitrogen oxide emissions from Portland cement kilns in the Mojave Desert Air Quality Management District). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Mississippi (partial approval of infrastructure requirements for the 2015 eight-hour ozone NAAQS). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Arizona (volatile organic compound emissions in Maricopa County). 

Keywords:
Clean Air Act (CAA)
Notices

EPA announced the availability of data on the administration of the assurance provisions of the Cross-State Air Pollution Rule trading programs for the control periods in 2021 in connection with exceedance of Missouri's assurance level for nitrogen oxides emissions by certain units. 

Keywords:
Air (generally)
Proposed Rules

SIP Proposal: California (redesignation to attainment for the Nevada County and Ventura County 2008 ozone serious nonattainment areas and the Butte County, Calaveras County, San Luis Obispo, Sutter Buttes, Tuolumne County, and Tuscan Buttes 2015 ozone marginal nonattainment areas). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: California (stationary source permits for the Tuolumne County Air Pollution Control District). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

EPA proposed to authorize changes to Tennessee's hazardous waste management program under RCRA. 

Keywords:
Resource Conservation and Recovery Act (RCRA)
Proposed Rules

FWS proposed to remove the Puerto Rican boa from the Federal List of Endangered and Threatened Wildlife under the ESA due to its determination that the species has recovered and threats have been eliminated or reduced to the point that the species no longer meets the definition of an endangered or threatened species. 

Keywords:
Endangered Species Act (ESA)
Final Rules

EPA granted a petition to exclude up to 3,500 cubic yards of U019 (benzene) and U220 (toluene) industrial wastewater biological solids per year from the list of federal hazardous wastes under RCRA. 

Keywords:
Resource Conservation and Recovery Act (RCRA)
Notices

The Office of Science and Technology Policy seeks input to identify data gaps in research and development regarding several aspects of per- and polyfluoroalkyl substances (PFAS) to inform a strategic plan for federal coordination of PFAS research and development. 

Keywords:
Toxic Substances (generally)
Final Rules

EPA authorized Tennessee's changes to its hazardous waste management program under RCRA. 

Keywords:
Resource Conservation and Recovery Act (RCRA)
Proposed Rules

NMFS announced its 90-day finding on a petition to revise the critical habitat designation for the North Pacific right whale in the Gulf of Alaska and the Southeast Bering Sea; the agency found that revision may be warranted and initiated a review of the currently designated critical habitat. 

Keywords:
Endangered Species Act (ESA)
Final Rules

SIP Approval: Oregon (vehicle inspection program for the Portland and Medford areas and a technical correction to the particulate matter maintenance plan for the Medford-Ashland area).

Keywords:
Clean Air Act (CAA)
Notices

EPA approved Maine's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting. 

Keywords:
Clean Water Act (CWA)
Notices

United States v. Trager Limestone LLC, No. 20-cv-6060 (W.D. Mo. July 5, 2022). A settling CWA defendant that discharged pollutants without a permit into waters of the United States and failed to meet the requirements of EPA's “Spill Prevention, Control, and Countermeasures Plan” regulations must restore the impacted areas, record a conservation easement, and pay a civil penalty. 

Keywords:
Clean Water Act (CWA)
Proposed Rules

SIP Proposal: Georgia (vehicle inspection and maintenance program). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Delaware (reduction of the maximum allowable sulfur content limit for distillate fuels). 

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Alabama (monitoring and reporting requirements for units subject to the nitrogen oxides SIP Call).

Keywords:
Clean Air Act (CAA)
Final Rules

SIP Approval: Washington (revisions to the General Regulations for Air Pollution Sources). 

Keywords:
Clean Air Act (CAA)
Proposed Rules

SIP Proposal: Missouri (disapproval of requirements for units emitting sulfur dioxide).

Keywords:
Clean Air Act (CAA)
Proposed Rules

NMFS proposed to implement certain provisions of the Illegal, Unreported, and Unregulated Fishing Enforcement Act and the Ensuring Access to Pacific Fisheries Act, and to amend the definition of illegal, unreported, or unregulated fishing in the regulations that implement the High Seas Driftnet Fishing Moratorium Protection Act.

Keywords:
Fisheries
Notices

EPA announced the availability of and seeks comment on a draft revision to the risk determination for the trichloroethylene (TCE) risk evaluation issued under TSCA; the Agency found that TCE presents an unreasonable risk of injury to health when evaluated under its conditions of use.

Keywords:
Toxic Substances Control Act (TSCA)
Notices

EPA entered into a proposed consent decree that resolves a suit alleging the Agency unreasonably delayed responding to a petition for rulemaking relating to the regulatory exemption of pesticide-treated seed under FIFRA.

Keywords:
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Notices

United States v. Bristol Township, No. 2:10-cv-5049 (E.D. Pa. June 29, 2022). A proposed second amendment to a consent decree allows a settling CWA defendant that discharged pollutants from its sanitary sewer system into navigable waters, violated the operation and maintenance requirements of its NPDES permit, and violated the Pennsylvania Clean Streams Law to conduct additional inflow and infiltration work through the implementation of its Inflow and Infiltration Abatement Plan, and construct a new clarifier at its waste water treatment plant. 

Keywords:
Clean Water Act (CWA)
Final Rules

FWS reclassified smooth coneflower from endangered to threatened under the ESA due to improvements in the species' overall status since the original listing in 1992, and finalized a §4(d) rule to provide for its conservation.

Keywords:
Endangered Species Act (ESA)