Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions, 5288-5293 [2021-27970]

Download as PDF 5288 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL 8993–01–OA; EPA–HQ–OAR–2019– 0168; EPA–HQ–OAR–2021–0152] Fall 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: khammond on DSKJM1Z7X2PROD with PROPOSALS12 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 Section 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 VerDate Sep<11>2014 18:34 Jan 28, 2022 Jkt 256001 Agency’s mission of protecting human health and the environment. 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. EPA is committed to environmental protection that benefits all communities and encourages public participation and meaningful engagement in our regulatory activities and processes. 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. ‘‘Section 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Section 610 review ongoing and is announcing the completion of one review in fall 2021. 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 encourages you to participate as early in the process as possible. You may also participate by commenting on proposed E:\FR\FM\31JAP15.SGM 31JAP15 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 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. II. Semiannual Agenda of Regulatory and Deregulatory Actions khammond on DSKJM1Z7X2PROD with PROPOSALS12 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. • Under the CWA: State Water Quality Standards; deletions from the VerDate Sep<11>2014 20:27 Jan 28, 2022 Jkt 256001 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 Section 610 review ongoing and is announcing the completion of one review 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. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 5289 5. Completed Actions—EPA’s completed actions are those that have been promulgated and published in the Federal Register since publication of the spring 2021 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 E:\FR\FM\31JAP15.SGM 31JAP15 khammond on DSKJM1Z7X2PROD with PROPOSALS12 5290 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 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 VerDate Sep<11>2014 18:34 Jan 28, 2022 Jkt 256001 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. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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 Section 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. Currently, EPA has one Section 610 review ongoing and is announcing the completion of one review. E:\FR\FM\31JAP15.SGM 31JAP15 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda 5291 Review title RIN Docket ID No. 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 EPA–HQ–OAR–2021–0152 ...... Ongoing. 2060–AU44 EPA–HQ–OAR–2019–0168 ...... Completed. EPA has established public dockets for these Section 610 reviews. While comments for these ongoing and completed reviews are no longer accepted, submitted comments can be viewed at https://www.regulations.gov/, dockets EPA–HQ–OAR–2019–0168 and EPA–HQ–OAR–2021–0152. 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 Status 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. Victoria Arroyo, Associate Administrator, Office of Policy. 10—CLEAN AIR ACT—PRERULE STAGE Regulation Identifier No. Sequence No. Title 377 .................... Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units (Section 610 Review). 2060–AV08 10—CLEAN AIR ACT—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 378 .................... National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations (Reg Plan Seq No. 144). Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review (Reg Plan Seq No. 150). 379 .................... 2060–AU37 2060–AV16 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 10—CLEAN AIR ACT—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 380 .................... Section 610 Review of Renewable Fuels Standard Program (Section 610 Review) .................................... 2060–AU44 khammond on DSKJM1Z7X2PROD with PROPOSALS12 35—TSCA—PROPOSED RULE STAGE Regulation Identifier No. Sequence No. Title 381 .................... 1-Bromopropane; Rulemaking Under TSCA Section 6(a) ............................................................................... VerDate Sep<11>2014 18:34 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31JAP15.SGM 31JAP15 2070–AK73 5292 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda ENVIRONMENTAL PROTECTION AGENCY (EPA) 10—Clean Air Act Prerule Stage 377. Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units (Section 610 Review) Legal Authority: 42 U.S.C. 7412 Clean Air Act; 42 U.S.C. 7607(d)(7)(B) Abstract: On February 16, 2012, EPA promulgated National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63, subpart UUUUU), commonly referred to as the Mercury and Air Toxics Standards (MATS), includes standards to control hazardous air pollutant emissions from new and existing coal- and oil-fired electric utility steam generating units located at both major and area sources of hazardous air pollutant emissions. 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) 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 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. The results of EPA’s review will be summarized in a report and placed in the docket at the conclusion of this review. This review’s Docket ID number is EPA–HQ–OAR–2021–0152. Timetable: khammond on DSKJM1Z7X2PROD with PROPOSALS12 Action Date Final Rule ............ Begin Review ...... End Review ......... 02/16/12 07/30/21 02/00/22 FR Cite 77 FR 9303 86 FR 41276 Regulatory Flexibility Analysis Required: No. Agency Contact: Nick Hutson, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243–01, Research Triangle Park, NC 27711, VerDate Sep<11>2014 18:34 Jan 28, 2022 Jkt 256001 Phone: 919 541–2968, Fax: 919 541– 4991, Email: hutson.nick@epa.gov. Melanie King, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243–01, Research Triangle Park, NC 27711, Phone: 919 541–2469, Email: king.melanie@epa.gov. RIN: 2060–AV08 ENVIRONMENTAL PROTECTION AGENCY (EPA) 10—Clean Air Act 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. See EPA’s report summarizing the results of this review in the docket EPA–HQ– OAR–2019–0168. This docket can be access at www.regulations.gov. Timetable: Proposed Rule Stage Action 378. National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations Regulatory Plan: This entry is Seq. No. 144 in part II of this issue of the Federal Register. RIN: 2060–AU37 379. Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review Regulatory Plan: This entry is Seq. No. 150 in part II of this issue of the Federal Register. RIN: 2060–AV16 Final Rule ............ Begin Review ...... Comment Period Extended. End Review ......... Date 03/26/10 06/24/19 08/27/19 FR Cite 75 FR 14669 84 FR 29689 84 FR 44804 10/29/21 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. RIN: 2060–AU44 ENVIRONMENTAL PROTECTION AGENCY (EPA) ENVIRONMENTAL PROTECTION AGENCY (EPA) 35—TSCA 10—Clean Air Act 381. 1-Bromopropane; Rulemaking Under TSCA Section 6(a) Completed Actions 380. 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 considered comments on the following factors: (1) The continued PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 Proposed Rule Stage 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 1-bromopropane carried out under the authority of TSCA section 6, EPA initiated rulemaking to address unreasonable risks of injury to health identified in the final risk evaluation. EPA’s risk evaluation for 1bromopropane, describing the conditions of use and presenting EPA’s determinations of unreasonable risk, is in docket EPA–HQ–OPPT–2019–0235, with additional information in docket EPA–HQ–OPPT–2016–0741. Timetable: Action NPRM .................. E:\FR\FM\31JAP15.SGM 31JAP15 Date 10/00/22 FR Cite Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda Action Date Final Rule ............ FR Cite 05/00/24 khammond on DSKJM1Z7X2PROD with PROPOSALS12 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ana Corado, Environmental Protection Agency, VerDate Sep<11>2014 18:34 Jan 28, 2022 Jkt 256001 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. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 5293 Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564–0432, Email: wolf.joel@epa.gov. RIN: 2070–AK73 [FR Doc. 2021–27970 Filed 1–28–22; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\31JAP15.SGM 31JAP15

Agencies

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Unknown Section]
[Pages 5288-5293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27970]



[[Page 5287]]

Vol. 87

Monday,

No. 20

January 31, 2022

Part XV





 Environmental Protection Agency





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Semiannual Regulatory Agenda

Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA: 
Reg Flex Agenda

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 8993-01-OA; EPA-HQ-OAR-2019-0168; EPA-HQ-OAR-2021-0152]


Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual Regulatory Agenda.

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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 Section 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 human health and the environment. 
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. EPA is 
committed to environmental protection that benefits all communities and 
encourages public participation and meaningful engagement in our 
regulatory activities and processes.
    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.
    ``Section 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 Section 610 review ongoing and is announcing the completion of one 
review in fall 2021.

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 encourages you to participate 
as early in the process as possible. You may also participate by 
commenting on proposed

[[Page 5289]]

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 Section 610 review ongoing and is announcing the 
completion of one review 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 spring 2021 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 5290]]

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 Section 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. Currently, 
EPA has one Section 610 review ongoing and is announcing the completion 
of one review.

[[Page 5291]]



----------------------------------------------------------------------------------------------------------------
              Review title                    RIN             Docket ID No.                    Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of National Emission     2060-AV08  EPA-HQ-OAR-2021-0152.......  Ongoing.
 Standards for Hazardous Air Pollutants
 for Coal-and Oil-Fired Electric Utility
 Steam Generating Units.
Section 610 Review of Renewable Fuels       2060-AU44  EPA-HQ-OAR-2019-0168.......  Completed.
 Standard Program.
----------------------------------------------------------------------------------------------------------------

    EPA has established public dockets for these Section 610 reviews. 
While comments for these ongoing and completed reviews are no longer 
accepted, submitted comments can be viewed at https://www.regulations.gov/, dockets EPA-HQ-OAR-2019-0168 and EPA-HQ-OAR-2021-
0152.

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.

Victoria Arroyo,
Associate Administrator, Office of Policy.

                    10--Clean Air Act--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
377.......................  Section 610 Review of              2060-AV08
                             National Emission
                             Standards for Hazardous
                             Air Pollutants for Coal-
                             and Oil-Fired Electric
                             Utility Steam Generating
                             Units (Section 610
                             Review).
------------------------------------------------------------------------


                 10--Clean Air Act--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
378.......................  National Emission                  2060-AU37
                             Standards for Hazardous
                             Air Pollutants: Ethylene
                             Oxide Commercial
                             Sterilization and
                             Fumigation Operations
                             (Reg Plan Seq No. 144).
379.......................  Standards of Performance           2060-AV16
                             for New, Reconstructed,
                             and Modified Sources and
                             Emissions Guidelines for
                             Existing Sources: Oil and
                             Natural Gas Sector
                             Climate Review (Reg Plan
                             Seq No. 150).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                  10--Clean Air Act--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
380.......................  Section 610 Review of              2060-AU44
                             Renewable Fuels Standard
                             Program (Section 610
                             Review).
------------------------------------------------------------------------


                      35--TSCA--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
381.......................  1-Bromopropane; Rulemaking         2070-AK73
                             Under TSCA Section 6(a).
------------------------------------------------------------------------


[[Page 5292]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Prerule Stage

377. Section 610 Review of National Emission Standards for Hazardous 
Air Pollutants for Coal- and Oil-Fired Electric Utility Steam 
Generating Units (Section 610 Review)

    Legal Authority: 42 U.S.C. 7412 Clean Air Act; 42 U.S.C. 
7607(d)(7)(B)
    Abstract: On February 16, 2012, EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric 
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63, 
subpart UUUUU), commonly referred to as the Mercury and Air Toxics 
Standards (MATS), includes standards to control hazardous air pollutant 
emissions from new and existing coal- and oil-fired electric utility 
steam generating units located at both major and area sources of 
hazardous air pollutant emissions. 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) 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 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. The results of EPA's review will be summarized in a report and 
placed in the docket at the conclusion of this review. This review's 
Docket ID number is EPA-HQ-OAR-2021-0152.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/16/12  77 FR 9303
Begin Review........................   07/30/21  86 FR 41276
End Review..........................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: 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].
    Melanie King, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2469, Email: 
[email protected].
    RIN: 2060-AV08

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Proposed Rule Stage

378. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Commercial Sterilization and Fumigation Operations

    Regulatory Plan: This entry is Seq. No. 144 in part II of this 
issue of the Federal Register.
    RIN: 2060-AU37

379. Standards of Performance for New, Reconstructed, and Modified 
Sources and Emissions Guidelines for Existing Sources: Oil and Natural 
Gas Sector Climate Review

    Regulatory Plan: This entry is Seq. No. 150 in part II of this 
issue of the Federal Register.
    RIN: 2060-AV16

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Completed Actions

380. 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 considered 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. See 
EPA's report summarizing the results of this review in the docket EPA-
HQ-OAR-2019-0168. This docket can be access at www.regulations.gov.
    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..........................   10/29/21  .......................
------------------------------------------------------------------------

    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].
    RIN: 2060-AU44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Proposed Rule Stage

381. 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 1-bromopropane carried out under the authority of TSCA 
section 6, EPA initiated rulemaking to address unreasonable risks of 
injury to health identified in the final risk evaluation. EPA's risk 
evaluation for 1-bromopropane, describing the conditions of use and 
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0235, with additional information in docket EPA-HQ-OPPT-
2016-0741.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/22  .......................

[[Page 5293]]

 
Final Rule..........................   05/00/24  .......................
------------------------------------------------------------------------

    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].
    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

[FR Doc. 2021-27970 Filed 1-28-22; 8:45 am]
BILLING CODE 6560-50-P


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