Sec. 306. Periodic review of rules
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Not later than 180 days after the date of enactment of this Act, each agency shall publish in the Federal Register a plan for the periodic review of the rules issued by the agency that have or will have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities. The plan under paragraph
(1)may be amended by an agency at any time by publishing the revision in the Federal Register. The purpose of the periodic review under paragraph
(1)shall be to determine whether the rules subject to the review should be— continued without change; or amended, consistent with the statutes under which the rules were issued, to minimize any significant economic, environmental, or public health impact of the rules on a substantial number of members of 1 or more frontline communities. The plan under paragraph
(1)shall provide for the review of rules of the agency under that paragraph to be completed— for rules of the agency existing on the date of enactment of this Act, not later than the date that is 10 years after the date of enactment of this Act; and for rules of the agency adopted after the date of enactment of this Act, not later than the date that is 10 years after the date on which the final rule is issued. In reviewing rules under the plan under subsection (a)(1) to minimize negative or maximize positive significant economic, environmental, or public health impact of the rule on a substantial number of members of 1 or more frontline communities in a manner consistent with the stated objectives of applicable statutes, the agency shall consider— the impact of the rule on the relevant frontline communities; and the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed that are relevant to the rule. Each year, the head of each agency shall publish in the Federal Register a list of the rules which have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities, which are to be reviewed pursuant to this section during the 12-month period starting on the date of the publication of the list. The list under paragraph
(1)shall— include— a brief description of each rule; and the need for and legal basis of each rule; and invite public comment on each rule. This section shall not apply to a rule if— the head of the agency certifies that the rule does not or will not have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities; and the head of the Office, in consultation with the Board of Advisors, approves of the certification under subparagraph (A). If the head of the agency makes a certification under paragraph (1)(A), the agency shall— publish the certification in the Federal Register, along with a statement providing the factual basis for such certification; and provide the certification and statement described in subparagraph
(A)to the head of the Office.