Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions, 41276-41283 [2021-14882]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
I. Introduction
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[FRL10021–99–OP; EPA–HQ–OAR–2019–
0168; EPA–HQ–OAR–2020–0099; EPA–HQ–
OAR–2020–0106; EPA–HQ–OAR–2021–
0152]
Spring 2021 Unified Agenda of
Regulatory and Deregulatory Actions
Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
AGENCY:
The Environmental Protection
Agency (EPA) publishes the Semiannual
Agenda of Regulatory and Deregulatory
Actions online at https://
www.reginfo.gov to periodically update
the public. This document contains
information about:
• Regulations in the Semiannual
Agenda that are under development,
completed, or canceled since the last
agenda; and
• Reviews of regulations with small
business impacts under Section 610 of
the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the Semiannual
Agenda, please contact: Caryn
Muellerleile (muellerleile.caryn@
epa.gov; 202–564–2855).
SUMMARY:
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Table of Contents
I. Introduction
A. EPA’s Regulatory Information
B. What key statutes and Executive Orders
guide EPA’s rule and policymaking
process?
C. How can you be involved in EPA’s rule
and policymaking process?
II. Semiannual Agenda of Regulatory and
Deregulatory Actions
A. What actions are included in the eAgenda and the Regulatory Flexibility
Agenda?
B. How is the e-Agenda organized?
C. What information is in the Regulatory
Flexibility Agenda and the e-Agenda?
D. What tools are available for mining
Regulatory Agenda data and for finding
more about EPA rules and policies?
III. Review of Regulations Under 610 of the
Regulatory Flexibility Act
A. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
B. What other special attention does EPA
give to the impacts of rules on small
businesses, small governments, and
small nonprofit organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
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EPA is committed to a regulatory
strategy that effectively achieves the
Agency’s mission of protecting the
environment and the health, welfare,
and safety of Americans while also
supporting economic growth, job
creation, competitiveness, and
innovation. EPA publishes the
Semiannual Agenda of Regulatory and
Deregulatory Actions to update the
public about regulatory activity
undertaken in support of this mission.
In the Semiannual Agenda, EPA
provides notice of our plans to review,
propose, and issue regulations.
Additionally, EPA’s Semiannual
Agenda includes information about
rules that may have a significant
economic impact on a substantial
number of small entities, and review of
those regulations under the Regulatory
Flexibility Act, as amended.
In this document, EPA explains in
greater detail the types of actions and
information available in the Semiannual
Agenda and actions that are currently
undergoing review specifically for
impacts on small entities.
A. EPA’s Regulatory Information
‘‘E-Agenda,’’ ‘‘online regulatory
agenda,’’ and ‘‘semiannual regulatory
agenda’’ all refer to the same
comprehensive collection of
information that, until 2007, was
published in the Federal Register.
Currently, this information is only
available through an online database at
https://www.reginfo.gov/.
‘‘Regulatory Flexibility Agenda’’
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities. We
continue to publish this document in
the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This
document is available at https://
www.govinfo.gov/app/collection/fr.
‘‘Unified Regulatory Agenda’’ refers to
the collection of all agencies’ agendas
with an introduction prepared by the
Regulatory Information Service Center
facilitated by the U.S. General Services
Administration.
‘‘Regulatory Agenda Preamble’’ refers
to the document you are reading now.
It appears as part of the Regulatory
Flexibility Agenda and introduces both
EPA’s Regulatory Flexibility Agenda
and the e-Agenda.
‘‘610 Review’’ as required by the
Regulatory Flexibility Act means a
periodic review within ten years of
promulgating a final rule that has or
may have a significant economic impact
on a substantial number of small
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entities. EPA maintains a list of these
actions at https://www.epa.gov/reg-flex/
section-610-reviews. EPA has one 610
review initiating in spring 2021, one
review ongoing and two reviews
completed.
B. What key statutes and Executive
Orders guide EPA’s rule and
policymaking process?
Several environmental laws authorize
EPA’s actions, including but not limited
to:
• Clean Air Act (CAA),
• Clean Water Act (CWA),
• Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA, or Superfund),
• Emergency Planning and
Community Right-to-Know Act
(EPCRA),
• Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA),
• Resource Conservation and
Recovery Act (RCRA),
• Safe Drinking Water Act (SDWA),
and
• Toxic Substances Control Act
(TSCA).
Not only must EPA comply with
environmental laws, but also
administrative legal requirements that
apply to the issuance of regulations,
such as the Administrative Procedure
Act (APA), the Regulatory Flexibility
Act (RFA) as amended by the Small
Business Regulatory Enforcement
Fairness Act (SBREFA), the Unfunded
Mandates Reform Act (UMRA), the
Paperwork Reduction Act (PRA), the
National Technology Transfer and
Advancement Act (NTTAA), and the
Congressional Review Act (CRA).
EPA also meets a number of
requirements contained in numerous
Executive Orders: 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
Oct. 4, 1993), as supplemented by
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review’’ (76
FR 3821, Jan. 21, 2011); 12898,
‘‘Environmental Justice’’ (59 FR 7629,
Feb. 16, 1994); 13045, ‘‘Children’s
Health Protection’’ (62 FR 19885, Apr.
23, 1997); 13132, ‘‘Federalism’’ (64 FR
43255, Aug. 10, 1999); 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, Nov. 9, 2000); 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
C. How can you be involved in EPA’s
rule and policymaking process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. EPA
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encourages you to participate as early in
the process as possible. You may also
participate by commenting on proposed
rules published in the Federal Register
(FR).
Instructions on how to submit your
comments through https://
www.regulations.gov are provided in
each Notice of Proposed Rulemaking
(NPRM). To be most effective,
comments should contain information
and data that support your position and
you also should explain why EPA
should incorporate your suggestion in
the rule or other type of action. You can
be particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternative(s)
to that proposed by EPA.
EPA believes its actions will be more
cost effective and protective if the
development process includes
stakeholders working with us to help
identify the most practical and effective
solutions to environmental problems.
EPA encourages you to become involved
in its rule and policymaking process.
For more information about EPA’s
efforts to increase transparency,
participation and collaboration in EPA
activities, please visit https://
www.epa.gov/laws-regulations/getinvolved-epa-regulations.
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II. Semiannual Agenda of Regulatory
and Deregulatory Actions
A. What actions are included in the eAgenda and the Regulatory Flexibility
Agenda?
EPA includes regulations in the eAgenda. However, there is no legal
significance to the omission of an item
from the agenda, and EPA generally
does not include the following
categories of actions:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers.
• Under the CAA: Revisions to state
implementation plans; equivalent
methods for ambient air quality
monitoring; deletions from the new
source performance standards source
categories list; delegations of authority
to states; area designations for air
quality planning purposes.
• Under FIFRA: Registration-related
decisions, actions affecting the status of
currently registered pesticides, and data
call-ins.
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations.
• Under TSCA: Licensing actions and
new chemical actions.
• Under RCRA: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
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• Under the CWA: State Water
Quality Standards; deletions from the
section 307(a) list of toxic pollutants;
suspensions of toxic testing
requirements under the National
Pollutant Discharge Elimination System
(NPDES); delegations of NPDES
authority to States.
• Under SDWA: Actions on State
underground injection control
programs.
Meanwhile, the Regulatory Flexibility
Agenda includes:
• Actions likely to have a significant
economic impact on a substantial
number of small entities.
• Rules the Agency has identified for
periodic review under section 610 of the
RFA.
EPA has one 610 review initiating,
one review ongoing and two reviews
completed in this Agenda.
B. How is the e-Agenda organized?
Online, you can choose how to sort
the agenda entries by specifying the
characteristics of the entries of interest
in the desired individual data fields of
the e-Agenda at https://
www.reginfo.gov. You can sort based on
the following characteristics: EPA
subagency (such as Office of Water);
stage of rulemaking as described in the
following paragraphs; alphabetically by
title; or the Regulation Identifier
Number (RIN), which is assigned
sequentially when an action is added to
the agenda.
Each entry in the Agenda is associated
with one of five rulemaking stages. The
rulemaking stages are:
1. Prerule Stage—EPA’s prerule
actions generally are intended to
determine whether the agency should
initiate rulemaking. Prerulemakings
may include anything that influences or
leads to rulemaking; this would include
Advance Notices of Proposed
Rulemaking (ANPRMs), studies or
analyses of the possible need for
regulatory action.
2. Proposed Rule Stage—Proposed
rulemaking actions include EPA’s
Notice of Proposed Rulemakings
(NPRMs); these proposals are scheduled
to publish in the Federal Register
within the next year.
3. Final Rule Stage—Final rulemaking
actions are those actions that EPA is
scheduled to finalize and publish in the
Federal Register within the next year.
4. Long-Term Actions—This section
includes rulemakings for which the next
scheduled regulatory action (such as
publication of a NPRM or final rule) is
twelve or more months into the future.
We urge you to explore becoming
involved even if an action is listed in
the Long-Term category.
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5. Completed Actions—EPA’s
completed actions are those that have
been promulgated and published in the
Federal Register since publication of
the fall 2020 Agenda. This category also
includes actions that EPA is no longer
considering and has elected to
‘‘withdraw’’ and the results of any RFA
section 610 reviews.
C. What information is in the Regulatory
Flexibility Agenda and the e-Agenda?
The Regulatory Flexibility Agenda
entries include only the nine categories
of information that are required by the
Regulatory Flexibility Act of 1980 and
by Federal Register Agenda printing
requirements: Sequence Number, RIN,
Title, Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule and Contact Person.
Note that the electronic version of the
Agenda (E-Agenda) replicates each of
these actions with more extensive
information, described below.
E-Agenda entries include:
Title: A brief description of the
subject of the regulation. The notation
‘‘Section 610 Review’’ follows the title
if we are reviewing the rule as part of
our periodic review of existing rules
under section 610 of the RFA (5 U.S.C.
610).
Priority: Each entry is placed into one
of the five following categories:
a. Economically Significant: Under
Executive Order 12866, a rulemaking
that may have an annual effect on the
economy of $100 million or more, or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
b. Other Significant: A rulemaking
that is not economically significant but
is considered significant for other
reasons. This category includes rules
that may:
1. Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency.
2. Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
in Executive Order 12866.
c. Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A
rulemaking that is a specific case of a
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recurring application of a regulatory
program in the Code of Federal
Regulations. If an action that would
normally be classified Routine and
Frequent is reviewed by the Office of
Management and Budget (OMB) under
Executive Order 12866, then we would
classify the action as either
‘‘Economically Significant’’ or ‘‘Other
Significant.’’
e. Informational/Administrative/
Other: An action that is primarily
informational or pertains to an action
outside the scope of Executive Order
12866.
Major: A rule is ‘‘major’’ under 5
U.S.C. 801 (Pub. L. 104–121) if it has
resulted or is likely to result in an
annual effect on the economy of $100
million or more or meets other criteria
specified in the Congressional Review
Act.
Unfunded Mandates: Whether the
rule is covered by section 202 of the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). The Act requires that,
before issuing an NPRM likely to result
in a mandate that may result in
expenditures by State, local, and tribal
governments, in the aggregate, or by the
private sector of more than $100 million
in 1 year, the agency prepare a written
statement on federal mandates
addressing costs, benefits, and
intergovernmental consultation.
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(Pub. L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a NPRM, a Final Action, or
some other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates and citations (if
available) for all past steps and a
projected date for at least the next step
for the regulatory action. A date
displayed in the form 05/00/22 means
the agency is predicting the month and
year the action will take place but not
the day it will occur. For some entries,
the timetable indicates that the date of
the next action is ‘‘to be determined.’’
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates preparing a
regulatory flexibility analysis under
section 603 or 604 of the RFA.
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Generally, such an analysis is required
for proposed or final rules subject to the
RFA that EPA believes may have a
significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates
whether the rule is anticipated to have
any effect on small businesses, small
governments or small nonprofit
organizations.
Government Levels Affected: Indicates
whether the rule may have any effect on
levels of government and, if so, whether
the affected governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
Sectors Affected: Indicates the main
economic sectors regulated by the
action. The regulated parties are
identified by their North American
Industry Classification System (NAICS)
codes. These codes were created by the
Census Bureau for collecting, analyzing,
and publishing statistical data on the
U.S. economy. There are more than
1,000 NAICS codes for sectors in
agriculture, mining, manufacturing,
services, and public administration.
International Trade Impacts: Indicates
whether the action is likely to have
international trade or investment effects,
or otherwise be of international interest.
Agency Contact: The name, address,
phone number, and email address, if
available, of a person who is
knowledgeable about the regulation.
Additional Information: Other
information about the action including
docket information.
URLs: For some actions, the internet
addresses are included for reading
copies of rulemaking documents,
submitting comments on proposals, and
getting more information about the
rulemaking and the program of which it
is a part.
RIN: The Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN correspond to the EPA office
with lead responsibility for developing
the action.
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D. What tools are available for mining
Regulatory Agenda data and for finding
more about EPA rules and policies?
1. Federal Regulatory Dashboard
The https://www.reginfo.gov
searchable database maintained by the
Regulatory Information Service Center
and OMB’s Office of Information and
Regulatory Affairs (OIRA), allows users
to view the Regulatory Agenda database
(https://www.reginfo.gov/public/do/
eAgendaMain), with options for
searching, displaying, and data
transmission.
2. Subject Matter EPA Websites
Some actions listed in the Agenda
include a URL for an EPA-maintained
website that provides additional
information about the action.
3. Public Dockets
When EPA publishes either an
Advance Notice of Proposed
Rulemaking (ANPRM) or a Notice of
Proposed Rulemaking (NPRM) in the
Federal Register, the Agency typically
establishes a docket to accumulate
materials developed throughout the
development process for that
rulemaking. The docket serves as the
repository for the collection of
documents or information related to that
Agency’s action or activity. EPA uses
dockets primarily for rulemaking
actions, but dockets may also be used
for section 610 reviews and for various
non-rulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the PRA, and
other non-rule activities. Docket
information should be in that action’s
agenda entry. All of EPA’s public
dockets can be located at https://
www.regulations.gov. EPA particularly
welcomes feedback on rulemakings
from communities likely to be affected
by these actions.
III. Review of Regulations Under 610 of
the Regulatory Flexibility Act
A. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities.
At this time, EPA has one 610 review
initiating, one review ongoing and two
reviews completed.
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Review title
RIN
Section 610 Review of National Emission Standards for Hazardous Air Pollutants for
Coal-and Oil-Fired Electric Utility Steam Generating Units.
Section 610 Review of Renewable Fuels Standard Program ..........................................
2060–AV08
Section 610 Review of National Emission Standards for Hazardous Air Pollutants for
Area Sources: Industrial, Commercial, and Institutional Boilers.
Section 610 Review of National Emission Standards for Hazardous Air Pollutants for
Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters.
EPA has established public dockets
for these 610 reviews. Please see docket
EPA–HQ–OAR–2021–0152 at https://
www.regulations.gov/ to comment on
EPA’s newly initiated review, ‘‘Section
610 Review of National Emission
Standards for Hazardous Air Pollutants
for Coal-and Oil-Fired Electric Utility
Steam Generating Units.’’ While
comments for the ongoing and
completed reviews are no longer
accepted, submitted comments can be
viewed at https://www.regulations.gov/,
dockets EPA–HQ–OAR–2019–0168,
EPA–HQ–OAR–2020–0099, and EPA–
HQ–OAR–2020–0106.
Docket ID No.
2060–AU44
2060–AU76
2060–AU77
B. What other special attention does
EPA give to the impacts of rules on
small businesses, small governments,
and small nonprofit organizations?
For each of EPA’s rulemakings,
consideration is given to whether there
will be any adverse impact on any small
entity. EPA attempts to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under the RFA as amended by
SBREFA, the Agency must prepare a
formal analysis of the potential negative
impacts on small entities, convene a
Small Business Advocacy Review Panel
(proposed rule stage), and prepare a
Small Entity Compliance Guide (final
rule stage) unless the Agency certifies a
rule will not have a significant
economic impact on a substantial
EPA–HQ–OAR–2021–
0152.
EPA–HQ–OAR–2019–
0168.
EPA–HQ–OAR–2020–
0099.
EPA–HQ–OAR–2020–
0106.
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Status
Initiated.
Ongoing.
Completed.
Completed.
number of small entities. For more
detailed information about the Agency’s
policy and practice with respect to
implementing the RFA/SBREFA, please
visit EPA’s RFA/SBREFA website at
https://www.epa.gov/reg-flex.
IV. Thank You for Collaborating With
Us
Finally, we would like to thank those
of you who choose to join with us in
making progress on the complex issues
involved in protecting human health
and the environment. Collaborative
efforts such as EPA’s open rulemaking
process are a valuable tool for
addressing the problems we face, and
the regulatory agenda is an important
part of that process.
Dated: March 23, 2021.
Victoria Arroyo,
Associate Administrator, Office of Policy.
10—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
202 ....................
National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and
Fumigation Operations.
2060–AU37
10—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
203 ....................
Section 610 Review of Renewable Fuels Standard Program (Section 610 Review) ....................................
2060–AU44
10—COMPLETED ACTIONS
Title
204 ....................
Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Section 610 Review).
Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters (Section 610 Review).
205 ....................
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Regulation
Identifier No.
Sequence No.
2060–AU76
2060–AU77
35—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
206 ....................
1-Bromopropane; Rulemaking Under TSCA Section 6(a) ...............................................................................
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35—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
207 ....................
208 ....................
Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing ....................................
N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) .................................................
2070–AK11
2070–AK46
72—COMPLETED ACTIONS
Title
209 ....................
National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions ..........................
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10
Proposed Rule Stage
202. National Emission Standards for
Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and
Fumigation Operations
Legal Authority: 42 U.S.C. 7412 Clean
Air Act
Abstract: The National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Ethylene Oxide
Commercial Sterilization and
Fumigation Operations were finalized in
December 1994 (59 FR 62585). The
standards require existing and new
major sources to control emissions to
the level achievable by the maximum
achievable control technology (MACT)
and require existing and new area
sources to control emissions using
generally available control technology
(GACT). EPA completed a residual risk
and technology review for the NESHAP
in 2006 and, at that time, concluded that
no revisions to the standards were
necessary. In this action, EPA will
conduct the second technology review
for the NESHAP and also assess
potential updates to the rule. To aid in
this effort, EPA issued an advance
notice of proposed rulemaking
(ANPRM) that solicited comment from
stakeholders and undertook a Small
Business Advocacy Review (SBAR)
panel which is needed when there is the
potential for significant economic
impacts to small businesses from any
regulatory actions being considered.
Timetable:
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Regulation
Identifier No.
Sequence No.
Action
Date
ANPRM ...............
NPRM ..................
Final Rule ............ I
12/12/19
11/00/21
FR Cite
84 FR 67889
I
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Jonathan Witt,
Environmental Protection Agency,
Office of Air and Radiation, 109 T.W.
Alexander Drive, Mail Code E143–05,
Research Triangle Park, NC 27709,
Phone: 919 541–5645, Email: witt.jon@
epa.gov.
Steve Fruh, Environmental Protection
Agency, Office of Air and Radiation,
E143–01, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711,
Phone: 919 541–2837, Email:
fruh.steve@epa.gov.
RIN: 2060–AU37
conflicts with other Federal, State, or
local government rules; and (5) the
degree to which the technology,
economic conditions or other factors
have changed in the area affected by the
rule.
Timetable:
Action
Final Rule ............
Begin Review ......
Comment Period
Extended.
End Review .........
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10
Long-Term Actions
203. Section 610 Review of Renewable
Fuels Standard Program (Section 610
Review)
Legal Authority: 5 U.S.C. 610
Abstract: The rulemaking ‘‘Regulation
of Fuels and Fuel Additives: Changes to
Renewable Fuel Standard Program’’ was
finalized by EPA in March 2010 (75 FR
14669, March 26, 2010). The final
regulations made a number of changes
to the existing Renewable Fuel Standard
program while retaining many elements
of the compliance and trading system
already in place. The final rule also
implemented the revised statutory
definitions and criteria, most notably
the greenhouse gas emission thresholds
for renewable fuels and new limits on
renewable biomass feedstocks. This
entry in the regulatory agenda describes
EPA’s review of this action pursuant to
section 610 of the Regulatory Flexibility
Act (5 U.S.C. 610). As part of this
review, EPA is considering comments
on the following factors: (1) The
continued need for the rule; (2) the
nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or
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Date
03/26/10
06/24/19
08/27/19
FR Cite
75 FR 14669
84 FR 29689
84 FR 44804
To Be Determined
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Jessica Mroz,
Environmental Protection Agency,
Office of Air and Radiation, 1200
Pennsylvania Avenue NW, Washington,
DC 20460, Phone: 202 564–1094, Email:
mroz.jessica@epa.gov.
Julia Burch, Environmental Protection
Agency, Office of Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 20460, Phone: 202 564–
0961, Email: burch.julia@epa.gov.
RIN: 2060–AU44
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10
Completed Actions
204. Section 610 Review of National
Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
(Section 610 Review)
Legal Authority: 42 U.S.C. 7412 Clean
Air Act
Abstract: On March 21, 2011, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
for Area Sources: Industrial,
Commercial, and Institutional Boilers
(76 FR 15554). The rule (40 CFR part 63,
subpart JJJJJJ) includes standards to
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control hazardous air pollutant
emissions from new and existing
industrial, commercial and institutional
boilers fired with coal, oil, biomass or
other solid and liquid non-waste
materials located at area source
facilities. Rule amendments that did not
impose any additional regulatory
requirements beyond those imposed by
the March 2011 final rule and, in certain
instances, would result in a decrease in
burden, were promulgated on February
1, 2013 (78 FR 7488) and September 14,
2016 (81 FR 63112). This entry in the
regulatory agenda announces that EPA
has reviewed this action pursuant to
section 610 of the Regulatory Flexibility
Act, ‘‘Periodic Review of Rules’’ (5
U.S.C. 610) to determine if the
provisions that could affect small
entities should be continued without
change or should be rescinded or
amended to minimize adverse economic
impacts on small entities. As part of this
review, EPA solicited comments on the
following factors as specified in section
610: (1) The continued need for the rule;
(2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates or conflicts with other
federal, state or local government rules;
and (5) the degree to which the
technology, economic conditions or
other factors have changed in the area
affected by the rule. No comments were
received. EPA has concluded that the
rule does not need to be amended at this
time and has addressed the review
factors in a report. The report is
available in Docket EPA–HQ–OAR–
2020–0099, which can be accessed at
www.regulations.gov.
Timetable:
Action
Date
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Final Rule ............
Begin Review ......
End Review .........
I
03/21/11
08/26/20
03/01/21
FR Cite
76 FR 15553
85 FR 52763
I
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Mary Johnson,
Environmental Protection Agency,
Office of Air and Radiation, 109 T.W.
Alexander Drive, Mail Code D243–01,
Research Triangle Park, NC 27711,
Phone: 919 541–5025, Email:
johnson.mary@epa.gov.
Nick Hutson, Environmental
Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive,
Mail Code D243–01, Research Triangle
Park, NC 27711, Phone: 919 541–2968,
Fax: 919 541–4991, Email: hutson.nick@
epa.gov.
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RIN: 2060–AU76
205. Section 610 Review of National
Emission Standards for Hazardous Air
Pollutants for Major Sources:
Industrial, Commercial and
Institutional Boilers and Process
Heaters (Section 610 Review)
Legal Authority: 42 U.S.C. 7412 Clean
Air Act
Abstract: On March 21, 2011, the EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
for Major Sources: Industrial,
Commercial, and Institutional Boilers
and Process Heaters (76 FR 15608). The
rule (40 CFR part 63, subpart DDDDD)
includes standards to control hazardous
air pollutant emissions from new and
existing industrial, commercial, and
institutional boilers and process heaters
fired with coal, oil, biomass, natural gas
or other solid, liquid or gaseous nonwaste materials located at major source
facilities. Rule amendments that did
impose additional regulatory
requirements beyond those imposed by
the March 2011 final rule were
estimated to result in an increase in
burden were promulgated on January
31, 2013 (78 FR 7138). This entry in the
regulatory agenda announces the EPA
has reviewed this action pursuant to
section 610 of the Regulatory Flexibility
Act, ‘‘Periodic Review of Rules’’ (5
U.S.C. 610) to determine if the
provisions that could affect small
entities should be continued without
change or should be rescinded or
amended to minimize adverse economic
impacts on small entities. As part of this
review, EPA solicited comments on the
following factors as specified in section
610: (1) The continued need for the rule;
(2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates or conflicts with other
federal, state or local government rules;
and (5) the degree to which the
technology, economic conditions or
other factors have changed in the area
affected by the rule. No comments were
received. EPA has concluded that the
rule does not need to be amended at this
time and has addressed the review
factors in a report. The report is
available in Docket ID number is EPA–
HQ–OAR–2020–0106, which can be
accessed at www.regulations.gov.
Timetable:
Action
Date
Final Rule ............
Begin Review ......
End Review .........
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Regulatory Flexibility Analysis
Required: No.
Agency Contact: Jim Eddinger,
Environmental Protection Agency,
Office of Air and Radiation, 109 T.W.
Alexander Drive, Mail Code D243–01,
Research Triangle Park, NC 27711,
Phone: 919 541–5426, Email:
eddinger.jim@epa.gov.
Nick Hutson, Environmental
Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive,
Mail Code D243–01, Research Triangle
Park, NC 27711, Phone: 919 541–2968,
Fax: 919 541–4991, Email: hutson.nick@
epa.gov.
RIN: 2060–AU77
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
35
Proposed Rule Stage
206. 1-Bromopropane; Rulemaking
Under TSCA Section 6(a)
Legal Authority: 15 U.S.C. 2605 Toxic
Substances Control Act
Abstract: Section 6 of the Toxic
Substances Control Act (TSCA) requires
EPA to address unreasonable risks of
injury to health or the environment that
the Administrator has determined are
presented by a chemical substance
under the conditions of use. Following
a risk evaluation for cyclic aliphatic
bromide cluster (HBCD) carried out
under the authority of the TSCA section
6, EPA initiated rulemaking to address
unreasonable risks of injury to health
and the environment identified in the
final risk evaluation. EPA’s risk
evaluation for HBCD, describing the
conditions of use and presenting EPA’s
determinations of unreasonable risk, is
in docket EPA–HQ–OPPT–2019–0237,
with additional information in docket
EPA–HQ–OPPT–2016–0735.
Timetable:
Action
NPRM ..................
Final Rule ............
Date
FR Cite
08/00/21
08/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ana Corado,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, Mail Code 7408M, 1200
Pennsylvania Avenue NW, Washington,
DC 20460, Phone: 202 564–0140, Email:
corado.ana@epa.gov.
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Joel Wolf, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone:
202 564–0432, Email: wolf.joel@epa.gov.
RIN: 2070–AK73
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
35
Completed Actions
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207. Trichloroethylene (TCE);
Rulemaking Under TSCA Section 6(a);
Vapor Degreasing
Legal Authority: 15 U.S.C. 2605 Toxic
Substances Control Act
Abstract: Section 6(a) of the Toxic
Substances Control Act (TSCA) provides
authority for EPA to ban or restrict the
manufacture (including import),
processing, distribution in commerce,
and use of chemical substances, as well
as any manner or method of disposal.
Section 26(l)(4) of TSCA authorizes EPA
to issue rules under TSCA section 6 for
chemicals listed in the 2014 update to
the TSCA Work Plan for Chemical
Assessments for which EPA published
completed risk assessments prior to
June 22, 2016, consistent with the scope
of the completed risk assessment. In the
June 2014 TSCA Work Plan Chemical
Risk Assessment for trichloroethylene
(TCE), EPA characterized risks from the
use of TCE in commercial degreasing
and in some consumer uses. EPA
preliminarily determined that these
risks are unreasonable risks. On January
19, 2017, EPA proposed to prohibit the
manufacture, processing, distribution in
commerce, or commercial use of TCE in
vapor degreasing. A separate action (RIN
2070–AK03), published on December
16, 2016, proposed to address the
unreasonable risks from TCE when used
as a spotting agent in dry cleaning and
in commercial and consumer aerosol
spray degreasers. The uses identified in
the proposed rules were subsequently
considered as part of the TSCA section
6(b) final risk evaluation for TCE, and
EPA initiated a new action (RIN 2070–
AK83) under TSCA section 6(a) to
address the unreasonable risks of TCE.
EPA announced the withdrawal of this
proposed rule in the Federal Register of
January 15, 2021.
Timetable:
Action
Date
NPRM ..................
Withdrawal Notice
VerDate Sep<11>2014
01/19/17
01/15/21
20:48 Jul 29, 2021
FR Cite
82 FR 7432
86 FR 3932
Jkt 250001
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Toni Krasnic,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7405M, Washington, DC
20460, Phone: 202 564–0984, Email:
krasnic.toni@epa.gov.
Joel Wolf, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone:
202 564–0432, Email: wolf.joel@epa.gov.
RIN: 2070–AK11
208. N-Methylpyrrolidone; Regulation
of Certain Uses Under TSCA Section
6(a)
Legal Authority: 15 U.S.C. 2605 Toxic
Substances Control Act
Abstract: Section 6(a) of the Toxic
Substances Control Act (TSCA) provides
authority for EPA to ban or restrict the
manufacture (including import),
processing, distribution in commerce,
and use of chemical substances, as well
as any manner or method of disposal.
Section 26(l)(4) of TSCA authorizes EPA
to issue rules under TSCA section 6 for
chemicals listed in the 2014 update to
the TSCA Work Plan for Chemical
Assessments for which EPA published
completed risk assessments prior to
June 22, 2016, consistent with the scope
of the completed risk assessment. In the
March 2015 TSCA Work Plan Chemical
Risk Assessment for NMP, EPA
characterized risks from use of this
chemical in paint and coating removal.
On January 19, 2017, EPA preliminarily
determined that the use of NMP in paint
and coating removal poses an
unreasonable risk of injury to health. In
the final rule for methylene chloride in
consumer paint and coating removal
(RIN 2070–AK07), EPA explained that
the Agency was not finalizing the
proposed regulation for NMP as part of
that action, and EPA took steps to
continue considering regulation of the
use of NPRM in paint and coating
removal in a separate action (RIN 2007–
AK46). The use of NMP in paint and
coating removal was subsequently
considered as part of the TSCA section
6(b) final risk evaluation for NMP, and
EPA initiated a new action (RIN 2070–
AK85) under TSCA section 6(a) to
address the unreasonable risks of NMP.
EPA announced the withdrawal of this
proposed rule in the Federal Register of
January 15, 2021.
Timetable:
Action
Date
NPRM ..................
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01/19/17
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82 FR 7464
Action
Withdrawal Notice
Date
01/15/21
FR Cite
86 FR 3932
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Eileen Sheehan,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, USEPA Region 9, 75
Hawthorne Street, San Francisco, CA
94105, Phone: 415 972–3287, Email:
sheehan.eileen@epa.gov.
Joel Wolf, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone:
202 564–0432, Email: wolf.joel@epa.gov.
RIN: 2070–AK46
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
72
Completed Actions
209. National Primary Drinking Water
Regulations for Lead and Copper:
Regulatory Revisions
Legal Authority: 42 U.S.C. 300f et seq.
Safe Drinking Water Act
Abstract: EPA published revisions to
the Lead and Copper Rule (LCR) to
include a suite of actions to reduce lead
exposure in drinking water where it is
needed the most. The final rule
identifies the most at-risk communities
to ensure systems have plans in place to
rapidly respond by taking actions to
reduce elevated levels of lead in
drinking water. The rule requires a more
comprehensive response at the action
level and introduces a trigger level of 10
ppb that requires more proactive
planning in communities with lead
service lines. The revisions also include
requirements for water systems to
prepare an inventory of lead service
lines and to make the inventory publicly
available. The final LCR takes a
proactive and holistic approach to
improving the current rule—from
testing to treatment to telling the public
about the levels and risks of lead in
drinking water. This approach focuses
on the following six key areas: (1)
Identifying areas most impacted; (2)
strengthening treatment requirements;
(3) replacing lead service lines; (4)
increasing sampling; (5) improving risk
communication; and (6) protecting
children in schools. On March 12, 2021,
EPA issued an interim postponement of
the LCRR’s effective date and proposed
a delay of the LCRR’s effective and
compliance dates to enable the Agency
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to consult with stakeholders and review
the LCRR in accordance with Executive
Order 13990 and Executive Order
13985.
Timetable:
Action
Date
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NPRM ..................
Final Rule ............
Notice ..................
VerDate Sep<11>2014
I
11/13/19
01/15/21
03/12/21
20:48 Jul 29, 2021
FR Cite
I
84 FR 61684
86 FR 4198
86 FR 14003
Jkt 250001
Action
Date
Final Rule Effective.
FR Cite
06/17/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeffrey Kempic,
Environmental Protection Agency,
Office of Water, 4607M, 1200
Pennsylvania Avenue NW, Washington,
PO 00000
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DC 20460, Phone: 202 564–4880, Email:
kempic.jeffrey@epa.gov.
Erik Helm, Environmental Protection
Agency, Office of Water, 4607M, 1200
Pennsylvania Avenue, Washington, DC
20460, Phone: 202 566–1049, Email:
helm.erik@epa.gov.
RIN: 2040–AF15
[FR Doc. 2021–14882 Filed 7–29–21; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41276-41283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14882]
[[Page 41275]]
Vol. 86
Friday,
No. 144
July 30, 2021
Part XV
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg
Flex Agenda
[[Page 41276]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL10021-99-OP; EPA-HQ-OAR-2019-0168; EPA-HQ-OAR-2020-0099; EPA-HQ-
OAR-2020-0106; EPA-HQ-OAR-2021-0152]
Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions online at
https://www.reginfo.gov to periodically update the public. This
document contains information about:
Regulations in the Semiannual Agenda that are under
development, completed, or canceled since the last agenda; and
Reviews of regulations with small business impacts under
Section 610 of the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
Semiannual Agenda, please contact: Caryn Muellerleile
([email protected]; 202-564-2855).
Table of Contents
I. Introduction
A. EPA's Regulatory Information
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
B. How is the e-Agenda organized?
C. What information is in the Regulatory Flexibility Agenda and
the e-Agenda?
D. What tools are available for mining Regulatory Agenda data
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility
Act
A. Reviews of Rules With Significant Impacts on a Substantial
Number of Small Entities
B. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
I. Introduction
EPA is committed to a regulatory strategy that effectively achieves
the Agency's mission of protecting the environment and the health,
welfare, and safety of Americans while also supporting economic growth,
job creation, competitiveness, and innovation. EPA publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions to update the
public about regulatory activity undertaken in support of this mission.
In the Semiannual Agenda, EPA provides notice of our plans to review,
propose, and issue regulations.
Additionally, EPA's Semiannual Agenda includes information about
rules that may have a significant economic impact on a substantial
number of small entities, and review of those regulations under the
Regulatory Flexibility Act, as amended.
In this document, EPA explains in greater detail the types of
actions and information available in the Semiannual Agenda and actions
that are currently undergoing review specifically for impacts on small
entities.
A. EPA's Regulatory Information
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database at https://www.reginfo.gov/.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish this document in the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This document is available at
https://www.govinfo.gov/app/collection/fr.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the U.S. General Services
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
``610 Review'' as required by the Regulatory Flexibility Act means
a periodic review within ten years of promulgating a final rule that
has or may have a significant economic impact on a substantial number
of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews. EPA has one 610 review
initiating in spring 2021, one review ongoing and two reviews
completed.
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
Several environmental laws authorize EPA's actions, including but
not limited to:
Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act
(EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
Not only must EPA comply with environmental laws, but also
administrative legal requirements that apply to the issuance of
regulations, such as the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), as supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994);
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997);
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA
[[Page 41277]]
encourages you to participate as early in the process as possible. You
may also participate by commenting on proposed rules published in the
Federal Register (FR).
Instructions on how to submit your comments through https://www.regulations.gov are provided in each Notice of Proposed Rulemaking
(NPRM). To be most effective, comments should contain information and
data that support your position and you also should explain why EPA
should incorporate your suggestion in the rule or other type of action.
You can be particularly helpful and persuasive if you provide examples
to illustrate your concerns and offer specific alternative(s) to that
proposed by EPA.
EPA believes its actions will be more cost effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to
environmental problems. EPA encourages you to become involved in its
rule and policymaking process. For more information about EPA's efforts
to increase transparency, participation and collaboration in EPA
activities, please visit https://www.epa.gov/laws-regulations/get-involved-epa-regulations.
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations in the e-Agenda. However, there is no
legal significance to the omission of an item from the agenda, and EPA
generally does not include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers.
Under the CAA: Revisions to state implementation plans;
equivalent methods for ambient air quality monitoring; deletions from
the new source performance standards source categories list;
delegations of authority to states; area designations for air quality
planning purposes.
Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins.
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations.
Under TSCA: Licensing actions and new chemical actions.
Under RCRA: Authorization of State solid waste management
plans; hazardous waste delisting petitions.
Under the CWA: State Water Quality Standards; deletions
from the section 307(a) list of toxic pollutants; suspensions of toxic
testing requirements under the National Pollutant Discharge Elimination
System (NPDES); delegations of NPDES authority to States.
Under SDWA: Actions on State underground injection control
programs.
Meanwhile, the Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the RFA.
EPA has one 610 review initiating, one review ongoing and two
reviews completed in this Agenda.
B. How is the e-Agenda organized?
Online, you can choose how to sort the agenda entries by specifying
the characteristics of the entries of interest in the desired
individual data fields of the e-Agenda at https://www.reginfo.gov. You
can sort based on the following characteristics: EPA subagency (such as
Office of Water); stage of rulemaking as described in the following
paragraphs; alphabetically by title; or the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is added to
the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--EPA's prerule actions generally are intended to
determine whether the agency should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking; this would
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or
analyses of the possible need for regulatory action.
2. Proposed Rule Stage--Proposed rulemaking actions include EPA's
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled
to publish in the Federal Register within the next year.
3. Final Rule Stage--Final rulemaking actions are those actions
that EPA is scheduled to finalize and publish in the Federal Register
within the next year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action (such as publication of a NPRM or
final rule) is twelve or more months into the future. We urge you to
explore becoming involved even if an action is listed in the Long-Term
category.
5. Completed Actions--EPA's completed actions are those that have
been promulgated and published in the Federal Register since
publication of the fall 2020 Agenda. This category also includes
actions that EPA is no longer considering and has elected to
``withdraw'' and the results of any RFA section 610 reviews.
C. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) replicates each of these
actions with more extensive information, described below.
E-Agenda entries include:
Title: A brief description of the subject of the regulation. The
notation ``Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one of the five following
categories:
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
[[Page 41278]]
recurring application of a regulatory program in the Code of Federal
Regulations. If an action that would normally be classified Routine and
Frequent is reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of Executive
Order 12866.
Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if
it has resulted or is likely to result in an annual effect on the
economy of $100 million or more or meets other criteria specified in
the Congressional Review Act.
Unfunded Mandates: Whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, the agency prepare a written statement on
federal mandates addressing costs, benefits, and intergovernmental
consultation.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a NPRM, a Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 05/00/22 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates preparing a regulatory flexibility analysis
under section 603 or 604 of the RFA. Generally, such an analysis is
required for proposed or final rules subject to the RFA that EPA
believes may have a significant economic impact on a substantial number
of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the affected
governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part.
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN correspond to
the EPA office with lead responsibility for developing the action.
D. What tools are available for mining Regulatory Agenda data and for
finding more about EPA rules and policies?
1. Federal Regulatory Dashboard
The https://www.reginfo.gov searchable database maintained by the
Regulatory Information Service Center and OMB's Office of Information
and Regulatory Affairs (OIRA), allows users to view the Regulatory
Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), with
options for searching, displaying, and data transmission.
2. Subject Matter EPA Websites
Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the
action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials developed throughout the development process for that
rulemaking. The docket serves as the repository for the collection of
documents or information related to that Agency's action or activity.
EPA uses dockets primarily for rulemaking actions, but dockets may also
be used for section 610 reviews and for various non-rulemaking
activities, such as Federal Register documents seeking public comments
on draft guidance, policy statements, information collection requests
under the PRA, and other non-rule activities. Docket information should
be in that action's agenda entry. All of EPA's public dockets can be
located at https://www.regulations.gov. EPA particularly welcomes
feedback on rulemakings from communities likely to be affected by these
actions.
III. Review of Regulations Under 610 of the Regulatory Flexibility Act
A. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. At this
time, EPA has one 610 review initiating, one review ongoing and two
reviews completed.
[[Page 41279]]
----------------------------------------------------------------------------------------------------------------
Review title RIN Docket ID No. Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of National 2060-AV08 EPA-HQ-OAR-2021-0152................. Initiated.
Emission Standards for Hazardous
Air Pollutants for Coal-and Oil-
Fired Electric Utility Steam
Generating Units.
Section 610 Review of Renewable 2060-AU44 EPA-HQ-OAR-2019-0168................. Ongoing.
Fuels Standard Program.
Section 610 Review of National 2060-AU76 EPA-HQ-OAR-2020-0099................. Completed.
Emission Standards for Hazardous
Air Pollutants for Area Sources:
Industrial, Commercial, and
Institutional Boilers.
Section 610 Review of National 2060-AU77 EPA-HQ-OAR-2020-0106................. Completed.
Emission Standards for Hazardous
Air Pollutants for Major Sources:
Industrial, Commercial and
Institutional Boilers and Process
Heaters.
----------------------------------------------------------------------------------------------------------------
EPA has established public dockets for these 610 reviews. Please
see docket EPA-HQ-OAR-2021-0152 at https://www.regulations.gov/ to
comment on EPA's newly initiated review, ``Section 610 Review of
National Emission Standards for Hazardous Air Pollutants for Coal-and
Oil-Fired Electric Utility Steam Generating Units.'' While comments for
the ongoing and completed reviews are no longer accepted, submitted
comments can be viewed at https://www.regulations.gov/, dockets EPA-HQ-
OAR-2019-0168, EPA-HQ-OAR-2020-0099, and EPA-HQ-OAR-2020-0106.
B. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under the RFA as amended by SBREFA, the Agency must prepare a
formal analysis of the potential negative impacts on small entities,
convene a Small Business Advocacy Review Panel (proposed rule stage),
and prepare a Small Entity Compliance Guide (final rule stage) unless
the Agency certifies a rule will not have a significant economic impact
on a substantial number of small entities. For more detailed
information about the Agency's policy and practice with respect to
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at
https://www.epa.gov/reg-flex.
IV. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: March 23, 2021.
Victoria Arroyo,
Associate Administrator, Office of Policy.
10--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
202....................... National Emission 2060-AU37
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
------------------------------------------------------------------------
10--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
203....................... Section 610 Review of 2060-AU44
Renewable Fuels Standard
Program (Section 610
Review).
------------------------------------------------------------------------
10--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
204....................... Section 610 Review of 2060-AU76
National Emission
Standards for Hazardous
Air Pollutants for Area
Sources: Industrial,
Commercial, and
Institutional Boilers
(Section 610 Review).
205....................... Section 610 Review of 2060-AU77
National Emission
Standards for Hazardous
Air Pollutants for Major
Sources: Industrial,
Commercial and
Institutional Boilers and
Process Heaters (Section
610 Review).
------------------------------------------------------------------------
35--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
206....................... 1-Bromopropane; Rulemaking 2070-AK73
Under TSCA Section 6(a).
------------------------------------------------------------------------
[[Page 41280]]
35--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
207....................... Trichloroethylene (TCE); 2070-AK11
Rulemaking Under TSCA
Section 6(a); Vapor
Degreasing.
208....................... N-Methylpyrrolidone; 2070-AK46
Regulation of Certain
Uses Under TSCA Section
6(a).
------------------------------------------------------------------------
72--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
209....................... National Primary Drinking 2040-AF15
Water Regulations for
Lead and Copper:
Regulatory Revisions.
------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
202. National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and Fumigation Operations
Legal Authority: 42 U.S.C. 7412 Clean Air Act
Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and
Fumigation Operations were finalized in December 1994 (59 FR 62585).
The standards require existing and new major sources to control
emissions to the level achievable by the maximum achievable control
technology (MACT) and require existing and new area sources to control
emissions using generally available control technology (GACT). EPA
completed a residual risk and technology review for the NESHAP in 2006
and, at that time, concluded that no revisions to the standards were
necessary. In this action, EPA will conduct the second technology
review for the NESHAP and also assess potential updates to the rule. To
aid in this effort, EPA issued an advance notice of proposed rulemaking
(ANPRM) that solicited comment from stakeholders and undertook a Small
Business Advocacy Review (SBAR) panel which is needed when there is the
potential for significant economic impacts to small businesses from any
regulatory actions being considered.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/19 84 FR 67889
NPRM................................ 11/00/21
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jonathan Witt, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27709, Phone: 919 541-5645, Email:
[email protected].
Steve Fruh, Environmental Protection Agency, Office of Air and
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park,
NC 27711, Phone: 919 541-2837, Email: [email protected].
RIN: 2060-AU37
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Long-Term Actions
203. Section 610 Review of Renewable Fuels Standard Program (Section
610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: The rulemaking ``Regulation of Fuels and Fuel Additives:
Changes to Renewable Fuel Standard Program'' was finalized by EPA in
March 2010 (75 FR 14669, March 26, 2010). The final regulations made a
number of changes to the existing Renewable Fuel Standard program while
retaining many elements of the compliance and trading system already in
place. The final rule also implemented the revised statutory
definitions and criteria, most notably the greenhouse gas emission
thresholds for renewable fuels and new limits on renewable biomass
feedstocks. This entry in the regulatory agenda describes EPA's review
of this action pursuant to section 610 of the Regulatory Flexibility
Act (5 U.S.C. 610). As part of this review, EPA is considering comments
on the following factors: (1) The continued need for the rule; (2) the
nature of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which the technology, economic conditions
or other factors have changed in the area affected by the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/26/10 75 FR 14669
Begin Review........................ 06/24/19 84 FR 29689
Comment Period Extended............. 08/27/19 84 FR 44804
-----------------------------------
End Review.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Jessica Mroz, Environmental Protection Agency,
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington,
DC 20460, Phone: 202 564-1094, Email: [email protected].
Julia Burch, Environmental Protection Agency, Office of Air and
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone:
202 564-0961, Email: [email protected].
RIN: 2060-AU44
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Completed Actions
204. Section 610 Review of National Emission Standards for Hazardous
Air Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers (Section 610 Review)
Legal Authority: 42 U.S.C. 7412 Clean Air Act
Abstract: On March 21, 2011, EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers (76 FR 15554). The rule (40 CFR
part 63, subpart JJJJJJ) includes standards to
[[Page 41281]]
control hazardous air pollutant emissions from new and existing
industrial, commercial and institutional boilers fired with coal, oil,
biomass or other solid and liquid non-waste materials located at area
source facilities. Rule amendments that did not impose any additional
regulatory requirements beyond those imposed by the March 2011 final
rule and, in certain instances, would result in a decrease in burden,
were promulgated on February 1, 2013 (78 FR 7488) and September 14,
2016 (81 FR 63112). This entry in the regulatory agenda announces that
EPA has reviewed this action pursuant to section 610 of the Regulatory
Flexibility Act, ``Periodic Review of Rules'' (5 U.S.C. 610) to
determine if the provisions that could affect small entities should be
continued without change or should be rescinded or amended to minimize
adverse economic impacts on small entities. As part of this review, EPA
solicited comments on the following factors as specified in section
610: (1) The continued need for the rule; (2) the nature of complaints
or comments received concerning the rule; (3) the complexity of the
rule; (4) the extent to which the rule overlaps, duplicates or
conflicts with other federal, state or local government rules; and (5)
the degree to which the technology, economic conditions or other
factors have changed in the area affected by the rule. No comments were
received. EPA has concluded that the rule does not need to be amended
at this time and has addressed the review factors in a report. The
report is available in Docket EPA-HQ-OAR-2020-0099, which can be
accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/21/11 76 FR 15553
Begin Review........................ 08/26/20 85 FR 52763
End Review.......................... 03/01/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Mary Johnson, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5025, Email:
[email protected].
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email:
[email protected].
RIN: 2060-AU76
205. Section 610 Review of National Emission Standards for Hazardous
Air Pollutants for Major Sources: Industrial, Commercial and
Institutional Boilers and Process Heaters (Section 610 Review)
Legal Authority: 42 U.S.C. 7412 Clean Air Act
Abstract: On March 21, 2011, the EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial,
Commercial, and Institutional Boilers and Process Heaters (76 FR
15608). The rule (40 CFR part 63, subpart DDDDD) includes standards to
control hazardous air pollutant emissions from new and existing
industrial, commercial, and institutional boilers and process heaters
fired with coal, oil, biomass, natural gas or other solid, liquid or
gaseous non-waste materials located at major source facilities. Rule
amendments that did impose additional regulatory requirements beyond
those imposed by the March 2011 final rule were estimated to result in
an increase in burden were promulgated on January 31, 2013 (78 FR
7138). This entry in the regulatory agenda announces the EPA has
reviewed this action pursuant to section 610 of the Regulatory
Flexibility Act, ``Periodic Review of Rules'' (5 U.S.C. 610) to
determine if the provisions that could affect small entities should be
continued without change or should be rescinded or amended to minimize
adverse economic impacts on small entities. As part of this review, EPA
solicited comments on the following factors as specified in section
610: (1) The continued need for the rule; (2) the nature of complaints
or comments received concerning the rule; (3) the complexity of the
rule; (4) the extent to which the rule overlaps, duplicates or
conflicts with other federal, state or local government rules; and (5)
the degree to which the technology, economic conditions or other
factors have changed in the area affected by the rule. No comments were
received. EPA has concluded that the rule does not need to be amended
at this time and has addressed the review factors in a report. The
report is available in Docket ID number is EPA-HQ-OAR-2020-0106, which
can be accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/21/11 76 FR 15607
Begin Review........................ 08/26/20 85 FR 52763
End Review.......................... 03/01/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Jim Eddinger, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5426, Email:
[email protected].
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email:
[email protected].
RIN: 2060-AU77
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Proposed Rule Stage
206. 1-Bromopropane; Rulemaking Under TSCA Section 6(a)
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for cyclic aliphatic bromide cluster (HBCD) carried out
under the authority of the TSCA section 6, EPA initiated rulemaking to
address unreasonable risks of injury to health and the environment
identified in the final risk evaluation. EPA's risk evaluation for
HBCD, describing the conditions of use and presenting EPA's
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0237, with additional information in docket EPA-HQ-OPPT-2016-0735.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/21
Final Rule.......................... 08/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ana Corado, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, Mail Code 7408M, 1200
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-0140,
Email: [email protected].
[[Page 41282]]
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK73
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Completed Actions
207. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor
Degreasing
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA)
provides authority for EPA to ban or restrict the manufacture
(including import), processing, distribution in commerce, and use of
chemical substances, as well as any manner or method of disposal.
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan
for Chemical Assessments for which EPA published completed risk
assessments prior to June 22, 2016, consistent with the scope of the
completed risk assessment. In the June 2014 TSCA Work Plan Chemical
Risk Assessment for trichloroethylene (TCE), EPA characterized risks
from the use of TCE in commercial degreasing and in some consumer uses.
EPA preliminarily determined that these risks are unreasonable risks.
On January 19, 2017, EPA proposed to prohibit the manufacture,
processing, distribution in commerce, or commercial use of TCE in vapor
degreasing. A separate action (RIN 2070-AK03), published on December
16, 2016, proposed to address the unreasonable risks from TCE when used
as a spotting agent in dry cleaning and in commercial and consumer
aerosol spray degreasers. The uses identified in the proposed rules
were subsequently considered as part of the TSCA section 6(b) final
risk evaluation for TCE, and EPA initiated a new action (RIN 2070-AK83)
under TSCA section 6(a) to address the unreasonable risks of TCE. EPA
announced the withdrawal of this proposed rule in the Federal Register
of January 15, 2021.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 7432
Withdrawal Notice................... 01/15/21 86 FR 3932
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Toni Krasnic, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0984,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK11
208. N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section
6(a)
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA)
provides authority for EPA to ban or restrict the manufacture
(including import), processing, distribution in commerce, and use of
chemical substances, as well as any manner or method of disposal.
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan
for Chemical Assessments for which EPA published completed risk
assessments prior to June 22, 2016, consistent with the scope of the
completed risk assessment. In the March 2015 TSCA Work Plan Chemical
Risk Assessment for NMP, EPA characterized risks from use of this
chemical in paint and coating removal. On January 19, 2017, EPA
preliminarily determined that the use of NMP in paint and coating
removal poses an unreasonable risk of injury to health. In the final
rule for methylene chloride in consumer paint and coating removal (RIN
2070-AK07), EPA explained that the Agency was not finalizing the
proposed regulation for NMP as part of that action, and EPA took steps
to continue considering regulation of the use of NPRM in paint and
coating removal in a separate action (RIN 2007-AK46). The use of NMP in
paint and coating removal was subsequently considered as part of the
TSCA section 6(b) final risk evaluation for NMP, and EPA initiated a
new action (RIN 2070-AK85) under TSCA section 6(a) to address the
unreasonable risks of NMP. EPA announced the withdrawal of this
proposed rule in the Federal Register of January 15, 2021.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 7464
Withdrawal Notice................... 01/15/21 86 FR 3932
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Eileen Sheehan, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, USEPA Region 9, 75
Hawthorne Street, San Francisco, CA 94105, Phone: 415 972-3287, Email:
[email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK46
ENVIRONMENTAL PROTECTION AGENCY (EPA)
72
Completed Actions
209. National Primary Drinking Water Regulations for Lead and Copper:
Regulatory Revisions
Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
Abstract: EPA published revisions to the Lead and Copper Rule (LCR)
to include a suite of actions to reduce lead exposure in drinking water
where it is needed the most. The final rule identifies the most at-risk
communities to ensure systems have plans in place to rapidly respond by
taking actions to reduce elevated levels of lead in drinking water. The
rule requires a more comprehensive response at the action level and
introduces a trigger level of 10 ppb that requires more proactive
planning in communities with lead service lines. The revisions also
include requirements for water systems to prepare an inventory of lead
service lines and to make the inventory publicly available. The final
LCR takes a proactive and holistic approach to improving the current
rule--from testing to treatment to telling the public about the levels
and risks of lead in drinking water. This approach focuses on the
following six key areas: (1) Identifying areas most impacted; (2)
strengthening treatment requirements; (3) replacing lead service lines;
(4) increasing sampling; (5) improving risk communication; and (6)
protecting children in schools. On March 12, 2021, EPA issued an
interim postponement of the LCRR's effective date and proposed a delay
of the LCRR's effective and compliance dates to enable the Agency
[[Page 41283]]
to consult with stakeholders and review the LCRR in accordance with
Executive Order 13990 and Executive Order 13985.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/13/19 84 FR 61684
Final Rule.......................... 01/15/21 86 FR 4198
Notice.............................. 03/12/21 86 FR 14003
Final Rule Effective................ 06/17/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeffrey Kempic, Environmental Protection Agency,
Office of Water, 4607M, 1200 Pennsylvania Avenue NW, Washington, DC
20460, Phone: 202 564-4880, Email: [email protected].
Erik Helm, Environmental Protection Agency, Office of Water, 4607M,
1200 Pennsylvania Avenue, Washington, DC 20460, Phone: 202 566-1049,
Email: [email protected].
RIN: 2040-AF15
[FR Doc. 2021-14882 Filed 7-29-21; 8:45 am]
BILLING CODE 6560-50-P
