Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions, 5288-5293 [2021-27970]
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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:
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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 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
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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
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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
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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
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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
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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.
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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 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
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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.
Generally, such an analysis is required
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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
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.
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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
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35—TSCA—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
381 ....................
1-Bromopropane; Rulemaking Under TSCA Section 6(a) ...............................................................................
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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:
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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,
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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 ..................
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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
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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
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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
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA:
Reg Flex Agenda
[[Page 5288]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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