[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Proposed Rules]
[Pages 94809-94816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29915]



[[Page 94809]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XVII





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda  

[[Page 94810]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[Docket Number EPA-HQ-OA-2016-0203; FRL-9952-35-OP]


Fall 2016 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public. This 
document contains information about:
     Regulations in the semiannual regulatory agenda that are 
under development, completed, or canceled since the last agenda;
     Retrospective reviews of existing regulations; 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 regulatory 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 Regulatory Agenda
    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. How can you find out about rulemakings that start up after 
the Regulatory Agenda is signed?
    E. What tools are available for mining Regulatory Agenda data 
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility 
Act
    A. Reviews of Rules With Significant Impacts on a Substantial 
Number of Small Entities
    B. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
IV. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION: 

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting the environment and the health, 
welfare, and safety of Americans while also supporting economic growth, 
job creation, competitiveness, and innovation. EPA publishes the 
Semiannual Regulatory Agenda to update the public about regulatory 
activity undertaken in support of this mission. Within the Semiannual 
Regulatory Agenda, EPA provides notice of our plans to review, propose, 
and issue regulations.
    EPA's Semiannual Regulatory Agenda also 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.
    Within this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Regulatory Agenda, 
the opportunity to suggest regulations that may be appropriate for 
retrospective review, 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 but 
now is only available through an online database, at both 
www.reginfo.gov/ and www.regulations.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 it in the Federal Register pursuant to the Regulatory 
Flexibility Act of 1980. This document is available at http://www.gpo.gov/fdsys/search/home.action.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the General Service 
Administration.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
    ``Regulatory Development and Retrospective Review Tracker'' refers 
to an online portal to EPA's priority rules and retrospective reviews 
of existing regulations. This portal is available at www.epa.gov/regdarrt/.
    ``Retrospective Review Plan'' is EPA's plan under Executive Orders 
13563 and 13610 to periodically review existing regulations to 
determine whether any may be modified, streamlined, expanded, or 
repealed in order to make the agency's regulatory program more 
effective or less burdensome in achieving the regulatory objectives. 
This Plan and subsequent progress updates are available at https://www.epa.gov/laws-regulations/retrospective-review-history.
    ``610 Review'' is an action EPA is committed to reviewing 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.

B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?

    A number of 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

[[Page 94811]]

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).
    In addition to meeting its mission goals and priorities, EPA 
reviews its existing regulations under Executive Order 13563, 
``Improving Regulation and Regulatory Review'' and Executive Order 
13610, ``Identifying and Reducing Regulatory Burdens.'' These Executive 
orders provide for periodic retrospective review of existing 
regulations and are intended to determine whether any such regulations 
should be modified, streamlined, expanded, or repealed, so as to make 
the Agency's regulatory program more effective or less burdensome in 
achieving its regulatory objectives.

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 rules published in the Federal Register (FR).
    Instructions on how to submit your comments 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 alternatives.
    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 problems. 
EPA encourages you to become involved in its rule and policymaking 
process. For more information about public involvement in EPA 
activities, please visit www.epa.gov/open.

II. Semiannual Regulatory Agenda

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 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 ongoing 610 review and is completing one 610 review at 
this time.

B. How is the e-Agenda organized?

    You can choose how to organize the agenda entries online by 
specifying the characteristics of the entries of interest in the 
desired individual data fields for both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda. You can sort based on the 
following characteristics: EPA subagency; stage of rulemaking, which is 
explained below; alphabetically by title; and by 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--This section includes EPA actions generally 
intended to determine whether the agency should initiate rulemaking. 
Prerulemakings may include anything that influences or leads to 
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs), 
studies or analyses of the possible need for regulatory action.
    2. Proposed Rule Stage--This section includes EPA rulemaking 
actions that are within a year of proposal (publication of Notices of 
Proposed Rulemakings [NPRMs]).
    3. Final Rule Stage--This section includes rules that will be 
issued as a final rule within a year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after November 2017. We urge 
you to explore becoming involved even if an action is listed in the 
Long-Term category.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2016 Agenda. It also includes actions that EPA is no longer 
considering and has elected to ``withdraw.'' EPA also announces the 
results of any RFA section 610 review in this section of the agenda.

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) has more extensive 
information on each of these actions.
    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: Entries are placed into one of five categories described 
below.
    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

[[Page 94812]]

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 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Tolerance Exemptions). If an action 
that would normally be classified Routine and Frequent is reviewed by 
the Office of Management and Budget under EO 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 
that 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.
    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 Notice of Proposed Rulemaking, 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 10/00/16 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 that it will be 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 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. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

D. How can you find out about rulemakings that start up after the 
Regulatory Agenda is signed?

    EPA posts monthly information of new rulemakings that the Agency's 
senior managers have decided to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get 
an email notification when a new list is posted.

E. What tools are available for mining Regulatory Agenda data and for 
finding more about EPA rules and policies?

1. The http://www.reginfo.gov/ Searchable Database
    The Regulatory Information Service Center and Office of Information 
and Regulatory Affairs have a Federal regulatory dashboard that allows 
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data 
transmission options.
2. Subject Matter EPA Web sites
    Some actions listed in the Agenda include a URL 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

[[Page 94813]]

Proposed Rulemaking (NPRM) in the Federal Register, the Agency 
typically establishes a docket to accumulate materials throughout the 
development process for that rulemaking. The docket serves as the 
repository for the collection of documents or information related to a 
particular Agency action or activity. EPA most commonly uses dockets 
for rulemaking actions, but dockets may also be used for RFA section 
610 reviews of rules with significant economic impacts on a substantial 
number of small entities 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 www.regulations.gov.
4. EPA's Regulatory Development and Retrospective Review Tracker
    EPA's Regulatory Development and Retrospective Review Tracker 
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules, 
providing you with earlier and more frequently updated information 
about Agency regulations than is provided by the Regulatory Agenda. It 
also provides information about retrospective reviews of existing 
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg 
DaRRT; only priority rulemakings can be found on this Web site.

III. Review of Regulations Under 610 of the Regulatory Flexibility Act

A. Reviews of Rules With Significant Impacts on a Substantial Number of 
Small Entities

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. At this 
time, EPA has one ongoing 610 review and is completing one 610 review.

----------------------------------------------------------------------------------------------------------------
           Review title                   RIN                    Docket ID No.                      Status
----------------------------------------------------------------------------------------------------------------
610 Review of Control of Hazardous       2060-AS88  EPA-HQ-OAR-2016-0175                     Complete.
 Air Pollutants From Mobile
 Sources.
Section 610 Review of Lead-Based         2070-AK17  EPA-HQ-OPPT-2016-0126                    Ongoing.
 Paint Activities; Training and
 Certification for Renovation and
 Remodeling Section 402(c)(3).
----------------------------------------------------------------------------------------------------------------

    EPA established official public dockets for these 610 Reviews. EPA 
is no longer accepting comment on the reviews themselves, but comments 
received earlier in 2016 can be accessed at https://www.regulations.gov/ with docket identification number EPA-HQ-OAR-2016-
0175 or EPA-HQ-OPPT-2016-0126.

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 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 
RFA/SBREFA, please visit EPA's RFA/SBREFA Web site at www.epa.gov/reg-flex.

IV. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in making progress on the complex issues involved in protecting 
human health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the problems 
we face, and the regulatory agenda is an important part of that 
process.

    Dated: September 13, 2016.
 Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
386.......................  Section 610 Review of              2060-AS88
                             Control of Hazardous Air
                             Pollutants From Mobile
                             Sources (Completion of a
                             Section 610 Review).
------------------------------------------------------------------------


                          10--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
387.......................  Modernization of the               2050-AG82
                             Accidental Release
                             Prevention Regulations
                             Under Clean Air Act (Reg
                             Plan Seq No. 138).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 94814]]


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
388.......................  Greenhouse Gas Emissions           2060-AS16
                             and Fuel Efficiency
                             Standards for Medium- and
                             Heavy-Duty Engines and
                             Vehicles--Phase 2.
389.......................  Oil and Natural Gas                2060-AS30
                             Sector: Emission
                             Standards for New,
                             Reconstructed, and
                             Modified Sources.
------------------------------------------------------------------------


                            35--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  Section 610 Review of Lead-        2070-AK17
                             Based Paint Activities;
                             Training and
                             Certification for
                             Renovation and Remodeling
                             Section 402(c)(3)
                             (Section 610 Review).
------------------------------------------------------------------------


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
391.......................  N-Methylpyrrolidone (NMP)          2070-AK07
                             and Methylene Chloride;
                             Rulemaking Under TSCA
                             Section 6(a) (Reg Plan
                             Seq No. 125).
392.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing (Reg Plan Seq
                             No. 126).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
393.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


                         60--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
394.......................  Financial Responsibility           2050-AG61
                             Requirements Under CERCLA
                             Section 108(b) for
                             Classes of Facilities in
                             the Hardrock Mining
                             Industry (Reg Plan Seq
                             No. 130).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

386. Section 610 Review of Control of Hazardous Air Pollutants From 
Mobile Sources (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking ``Control of Hazardous Air Pollutants From 
Mobile Sources'' was finalized by the EPA in February 2007 (72 FR 8428, 
February 26, 2007). This program established stringent new controls on 
gasoline, passenger vehicles, and gas cans to further reduce emissions 
of benzene and other mobile source air toxics. The EPA developed a 
Small Entity Compliance Guide, which provides descriptions of the 
regulations and small entity provisions, Q&As, and other helpful 
compliance information. This new entry in the regulatory agenda 
announces that EPA has reviewed 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 solicited 
comments on the following factors: (1) The continued need for the rule; 
(2) the nature of complaints or comments received from the public 
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 EPA received one comment about the 
program unrelated to the impact of the rulemaking on small entities. 
The current mobile source air toxics standards program provided 
substantial flexibility for regulated entities, especially small 
entities, and does not warrant revision at this time. See EPA's report 
summarizing the results of this review in the docket EPA-HQ-OAR-2016-
0175. This docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/26/07  72 FR 8427
Begin Review........................   06/09/16  81 FR 37373
End Review..........................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tom Eagles, Environmental Protection Agency, Office 
of Air and Radiation, 6103A, 1200 Pennsylvania Avenue NW.,

[[Page 94815]]

Washington, DC 20460, Phone: 202 564-1952, Fax: 202 564-1554, Email: 
[email protected].
    RIN: 2060-AS88

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Final Rule Stage

387. Modernization of the Accidental Release Prevention Regulations 
Under Clean Air Act

    Regulatory Plan: This entry is Seq. No. 138 in part II of this 
issue of the Federal Register.
    RIN: 2050-AG82

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

388. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines and Vehicles--Phase 2

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: The EPA and the Department of Transportation, in close 
coordination with the California Air Resources Board, developed a 
comprehensive National Program for Medium- and Heavy-Duty Vehicle 
Greenhouse Gas Emission and Fuel Efficiency Standards for model years 
beyond 2018. These standards will further reduce greenhouse gas 
emissions and fuel consumption from a wide range of on-road vehicles 
from semi-trucks to the largest pickup trucks and vans, and all types 
and sizes of work trucks and buses. This action is in continued 
response to the President's directive to take coordinated steps to 
produce a new generation of clean vehicles and follows the first ever 
Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for 
Medium- and Heavy-Duty Engines and Vehicles.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/13/15  80 FR 40137
NPRM Comment Period Extended........   07/28/15  80 FR 44863
Notice..............................   03/02/16  81 FR 10822
Final Rule..........................   10/25/16  81 FR 73478
Final Rule Effective................   12/27/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Matt Spears, Environmental Protection Agency, 
Office of Air and Radiation, Mail Code: ASD1, Ann Arbor, MI 48105, 
Phone: 734 214-4921, Fax: 734 214-4816, Email: [email protected].
    Charles Moulis, Environmental Protection Agency, Office of Air and 
Radiation, NVFEL, Ann Arbor, MI 48105, Phone: 734 214-4826.
    RIN: 2060-AS16

389. Oil and Natural Gas Sector: Emission Standards for New, 
Reconstructed, and Modified Sources

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: Consistent with the White House Methane Strategy and the 
January 14, 2015, announcement of the EPA's approach to achieving GHG 
(in the form of methane) and volatile organic compounds (VOC) 
reductions from the oil and natural gas sector, this action finalized 
amendments to the new source performance standards (NSPS) at 40 CFR 
part 60, subpart OOOO and established new standards at 40 CFR part 60, 
subpart OOOOa. Amendments to subpart OOOO will improve implementation 
of the current NSPS. The new standards for the oil and natural gas 
source category at subpart OOOOa set standards for both greenhouse 
gases (GHGs) and volatile organic compounds (VOC). Except for the 
implementation improvements, and the new standards for GHGs, these 
requirements do not change the requirements for operations covered by 
the current standards at subpart OOOO. The proposed rule published 
September 18, 2015 and the final published June 3, 2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/18/15  80 FR 56593
NPRM Comment Period End.............   11/17/15  .......................
Final Rule..........................   06/03/16  81 FR 35823
Final Rule Effective................   08/02/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy Hambrick, Environmental Protection Agency, 
Office of Air and Radiation, Environmental Protection Agency, Office of 
Air and Radiation, E143-05, Research Triangle Park, NC 27711, Phone: 
919 541-0964, Fax: 919 541-3470, Email: [email protected].
    RIN: 2060-AS30

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Prerule Stage

390. Section 610 Review of Lead-Based Paint Activities; Training and 
Certification for Renovation and Remodeling Section 402(C)(3) (Section 
610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: EPA is continuing a review of the 2008 Lead; Renovation, 
Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section 
610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was 
amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a 
provision for contractors to opt-out of prescribed work practices and 
to affirm the qualitative clearance of renovated or repaired spaces, 
respectively. Although the section 610 review only needs to address the 
2008 RRP Rule, EPA will exercise its discretion to consider relevant 
comments to the 2010 and 2011 amendments. The RRP rule is intended to 
reduce exposure to lead hazard created by renovation, repair, and 
painting activities that disturb lead-based paint. The current rule 
establishes requirements for training renovators and dust sampling 
technicians; certifying renovators, dust sampling technicians, and 
renovation firms; accrediting providers of renovation and dust sampling 
technician training; and for renovation work practices. As part of this 
review, EPA is considering public 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 
length of time since the rule has been evaluated or the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. This review will also serve as an 
additional opportunity to provide comment on lead test kits, field 
testing alternatives and other broader RRP rule concerns as referenced 
in 80 FR 79335 and 80 FR 27621.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/22/08  73 FR 21691
Begin Review........................   06/09/16  81 FR 37373
Comment Period Extended.............   08/08/16  81 FR 52393
Comment Period Extended End.........   09/07/16  .......................

[[Page 94816]]

 
End Review..........................   01/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jonathan Shafer, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 564-0789, 
Email: [email protected].
    Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Phone: 202 566-0744, Email: 
[email protected].
    RIN: 2070-AK17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Proposed Rule Stage

391. N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under 
TSCA Section 6(A)

    Regulatory Plan: This entry is Seq. No. 125 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK07

392. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(A); Vapor 
Degreasing

    Regulatory Plan: This entry is Seq. No. 126 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK11

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

393. Formaldehyde Emission Standards for Composite Wood Products

    Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
    Abstract: The EPA is developing a final rule under the Formaldehyde 
Standards for Composite Wood Products Act that was enacted in 2010 as 
title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697. In 
2013, EPA issued a proposed rule to establish a framework for a TSCA 
title VI Third-Party Certification Program whereby third-party 
certifiers (TPCs) are accredited by accreditation bodies (ABs) so that 
they may certify composite wood product panel producers under TSCA 
title VI. That proposed rule identified the roles and responsibilities 
of the groups involved in the TPC process (EPA, ABs, and TPCs), as well 
as the criteria for participation in the program. EPA also proposed 
general requirements for TPCs, such as conducting and verifying 
formaldehyde emission tests, inspecting and auditing panel producers, 
and ensuring that panel producers' quality assurance and quality 
control procedures comply with the regulations set forth in the 
proposed rule. A separate proposed rule issued in 2013 under RIN 2070-
AJ92 covered the implementation of the statutory formaldehyde emission 
standards for hardwood plywood, medium-density fiberboard, and 
particleboard sold, supplied, offered for sale, or manufactured 
(including imported) in the United States. Pursuant to TSCA section 
3(7), the definition of ``manufacture'' includes import. As required by 
title VI, these regulations apply to hardwood plywood, medium-density 
fiberboard, and particleboard. TSCA title VI also directs EPA to 
promulgate supplementary provisions to ensure compliance with the 
emissions standards, including provisions related to labeling; chain of 
custody requirements; sell-through provisions; ultra low-emitting 
formaldehyde resins; no-added formaldehyde-based resins; finished 
goods; third-party testing and certification; auditing and reporting of 
third-party certifiers; recordkeeping; enforcement; laminated products; 
and exceptions from the requirements of regulations promulgated 
pursuant to this subsection for products and components containing de 
minimis amounts of composite wood products. As noted in the previously 
published Regulatory Agenda entry for each rulemaking, EPA has decided 
to issue a single final rule that addresses both of these proposals. As 
such, EPA also combined the entries for the Regulatory Agenda.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/03/08  73 FR 73620
Second ANPRM........................   01/30/09  74 FR 5632
NPRM................................   06/10/13  78 FR 34795
NPRM Comment Period Extended........   07/23/13  78 FR 44090
NPRM Comment Period Extended........   08/21/13  78 FR 51696
Final Rule..........................   11/00/16  .......................
                                     -----------------------------------
Final Rule Effective................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Courtnage, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 566-1081, 
Email: [email protected].
    Erik Winchester, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 
Phone: 202 564-6450, Email: [email protected].
    RIN: 2070-AJ44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Proposed Rule Stage

394. Financial Responsibility Requirements Under CERCLA Section 108(b) 
for Classes of Facilities in the Hardrock Mining Industry

    Regulatory Plan: This entry is Seq. No. 130 in part II of this 
issue of the Federal Register.
    RIN: 2050-AG61

[FR Doc. 2016-29915 Filed 12-22-16; 8:45 am]
BILLING CODE 6560-50-P