[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52763-52770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16763]
[[Page 52763]]
Vol. 85
Wednesday,
No. 166
August 26, 2020
Part XV
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 /
UA: Reg Flex Agenda
[[Page 52764]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL 10005-79-OP; EPA-HQ-OAR-2019-0168; EPA-HQ-OAR-2020-0099; EPA-HQ-
OAR-2020-0106]
Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Environmental Protection Agency (EPA) publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions online at
https://www.reginfo.gov and at https://www.regulations.gov to 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).
Table of Contents
I. Introduction
A. EPA's Regulatory Information
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
B. How is the e-Agenda organized?
C. What information is in the Regulatory Flexibility Agenda and
the e-Agenda?
D. What tools are available for mining Regulatory Agenda data
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility
Act
A. Reviews of Rules With Significant Impacts on a Substantial
Number of Small Entities
B. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
I. Introduction
EPA is committed to a regulatory strategy that effectively achieves
the Agency's mission of protecting the environment and the health,
welfare, and safety of Americans while also supporting economic growth,
job creation, competitiveness, and innovation. EPA publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions to update the
public about regulatory activity undertaken in support of this mission.
In the Semiannual Agenda, EPA provides notice of our plans to review,
propose, and issue regulations.
Additionally, EPA's Semiannual Agenda includes information about
rules that may have a significant economic impact on a substantial
number of small entities, and review of those regulations under the
Regulatory Flexibility Act, as amended.
In this document, EPA explains in greater detail the types of
actions and information available in the Semiannual Agenda and actions
that are currently undergoing review specifically for impacts on small
entities.
A. EPA's Regulatory Information
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database, at 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 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 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 EPA's Regulatory Flexibility Agenda and the e-
Agenda.
``610 Review'' as required by the Regulatory Flexibility Act means
a periodic review within ten years of promulgating a final rule that
has or may have a significant economic impact on a substantial number
of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews. EPA is initiating two 610
reviews in spring 2020 and has a third review ongoing.
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: 13771, ``Reducing Regulation and Controlling
Regulatory Costs'' (82 FR 9339, Feb. 3, 2017); 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).
[[Page 52765]]
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 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/open.
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 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 is initiating two new 610 reviews in this Agenda and has a
third review ongoing.
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 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 (such as Office of Water);
stage of rulemaking as described in the following paragraphs;
alphabetically by title; or the Regulation Identifier Number (RIN),
which is assigned sequentially when an action is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--EPA's prerule actions generally are intended to
determine whether the agency should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking; this would
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or
analyses of the possible need for regulatory action.
2. Proposed Rule Stage--Proposed rulemaking actions include EPA's
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled
to publish in the Federal Register within the next year.
3. Final Rule Stage--Final rulemaking actions are those actions
that EPA is scheduled to finalize and publish in the Federal Register
within the next year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action (such as publication of a NPRM or
final rule) is twelve or more months into the future. We urge you to
explore becoming involved even if an action is listed in the Long-Term
category.
5. Completed Actions--EPA's completed actions are those that have
been promulgated and published in the Federal Register since
publication of the fall 2019 Agenda. The term completed actions also
includes actions that EPA is no longer considering and has elected to
``withdraw'' and also 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
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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. 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.
Executive Order 13771 Designation: Each entry is placed into one of
the following categories:
a. Deregulatory: when finalized, an action is expected to have
total costs less than zero;
b. Regulatory: the action is either
(i) a significant regulatory action as defined in section 3(f) of
Executive Order 12866, or
(ii) a significant guidance document (e.g., significant
interpretive guidance) reviewed by OMB's Office of Information and
Regulatory Affairs (OIRA) under the procedures of Executive Order 12866
that, when finalized, is expected to impose total costs greater than
zero;
c. Fully or Partially Exempt: The action has been granted, or is
expected to be granted, a full or partial waiver under one or more of
the following circumstances:
(i) It is expressly exempt by Executive Order 13771 (issued with
respect to a ``military, national security, or foreign affairs function
of the United States''; or related to ``agency organization,
management, or personnel''), or
(ii) it addresses an emergency such as critical health, safety,
financial, or non-exempt national security matters (offset requirements
may be exempted or delayed), or
(iii) it is required to meet a statutory or judicial deadline
(offset requirements may be exempted or delayed), or
(iv) expected to generate de minimis costs;
d. Not subject to, not significant: Is a NPRM or final rule AND is
neither an Executive Order 13771 regulatory action nor an Executive
Order 13771 deregulatory action;
e. Other: At the time of designation, either the available
information is too preliminary to determine Executive Order 13771
status or other reasonable circumstances preclude a preliminary
Executive Order 13771 designation.
f. Independent agency: Is an action an independent agency
anticipates issuing and thus is not subject to Executive Order 13771.
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 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 05/00/21 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 with
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 OIRA, allows users to view
the Regulatory Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data transmission
options.
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.
[[Page 52767]]
3. Deregulatory Actions and Regulatory Reform
EPA maintains a list of its deregulatory actions under development,
as well as those that are completed, at https://www.epa.gov/laws-regulations/epa-deregulatory-actions. A completed list of regulatory
actions, as defined under Executive Order 13771, is available at
https://www.epa.gov/laws-regulations/epa-regulatory-actions. Additional
information about EPA's regulatory reform activity is available to the
public at https://www.epa.gov/laws-regulations/regulatory-reform.
4. 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 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 https://www.regulations.gov.
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 is initiating two 610 reviews and has a third review ongoing.
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Review title RIN Docket ID No. Status
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Section 610 Review of Renewable Fuels Standard 2060-AU44 EPA-HQ-OAR-2019-0168 Ongoing.
Program.
Section 610 Review of National Emission Standards for 2060-AU76 EPA-HQ-OAR-2020-0099 Initiated.
Hazardous Air Pollutants for Area Sources:
Industrial, Commercial, and Institutional Boilers.
Section 610 Review of National Emission Standards for 2060-AU77 EPA-HQ-OAR-2020-0106 Initiated.
Hazardous Air Pollutants for Major Sources:
Industrial, Commercial and Institutional Boilers and
Process Heaters.
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EPA has established public dockets for these 610 reviews. Comments
on the newly-initiated 610 reviews can be submitted at https://www.regulations.gov/ with the appropriate docket identification number
listed above. To view comments on EPA's ongoing 610 review, please see
docket EPA-HQ-OAR-2019-0168.
B. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under the RFA as amended by SBREFA, the Agency must prepare a
formal analysis of the potential negative impacts on small entities,
convene a Small Business Advocacy Review Panel (proposed rule stage),
and prepare a Small Entity Compliance Guide (final rule stage) unless
the Agency certifies a rule will not have a significant economic impact
on a substantial number of small entities. For more detailed
information about the Agency's policy and practice with respect to
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at
https://www.epa.gov/reg-flex.
IV. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: May 29, 2020.
Brittany Bolen,
Associate Administrator, Office of Policy.
10--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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185....................... Section 610 Review of 2060-AU44
Renewable Fuels Standard
Program (Section 610
Review) (Section 610
Review).
186....................... Section 610 Review of 2060-AU76
National Emission
Standards for Hazardous
Air Pollutants for Area
Sources: Industrial,
Commercial, and
Institutional Boilers
(Section 610 Review).
187....................... Section 610 Review of 2060-AU77
National Emission
Standards for Hazardous
Air Pollutants for Major
Sources: Industrial,
Commercial and
Institutional Boilers and
Process Heaters (Section
610 Review).
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10--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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188....................... National Emission 2060-AU37
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
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[[Page 52768]]
35--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
189....................... Trichloroethylene (TCE); 2070-AK11
Rulemaking Under TSCA
Section6(a); Vapor
Degreasing.
190....................... N-Methylpyrrolidone; 2070-AK46
Regulation of Certain
Uses Under TSCA Section
6(a).
------------------------------------------------------------------------
72--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
191....................... National Primary Drinking 2040-AF15
Water Regulations for
Lead and Copper:
Regulatory Revisions.
------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Prerule Stage
185. Section 610 Review of Renewable Fuels Standard Program (Section
610 Review) (Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 5 U.S.C. 610
Abstract: The rulemaking ``Regulation of Fuels and Fuel Additives:
Changes to Renewable Fuel Standard Program'' was finalized by EPA in
March 2010 (75 FR 14669, March 26, 2010). The final regulations made a
number of changes to the existing Renewable Fuel Standard program while
retaining many elements of the compliance and trading system already in
place. The final rule also implemented the revised statutory
definitions and criteria, most notably the greenhouse gas emission
thresholds for renewable fuels and new limits on renewable biomass
feedstocks. This entry in the regulatory agenda describes EPA's review
of this action pursuant to section 610 of the Regulatory Flexibility
Act (5 U.S.C. 610). As part of this review, EPA is considering comments
on the following factors: (1) The continued need for the rule; (2) the
nature of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which the technology, economic conditions
or other factors have changed in the area affected by the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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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.......................... 06/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Jessica Mroz, Environmental Protection Agency,
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington,
DC 20460, Phone: 202 564-1094, Email: mroz.jessica@epa.gov.
Julia Burch, Environmental Protection Agency, Office of Air and
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone:
202 564-0961, Email: burch.julia@epa.gov.
RIN: 2060-AU44
186. Section 610 Review of National Emission Standards for
Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers (Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 42 U.S.C. 7412 Clean Air Act; 5 U.S.C. 610
Abstract: On March 21, 2011, EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers (76 FR 15554). The rule (40 CFR
part 63, subpart JJJJJJ) includes standards to control hazardous air
pollutant emissions from new and existing industrial, commercial and
institutional boilers fired with coal, oil, biomass or other solid and
liquid non-waste materials located at area source facilities. Rule
amendments that did not impose any additional regulatory requirements
beyond those imposed by the March 2011 final rule and, in certain
instances, would result in a decrease in burden, were promulgated on
February 1, 2013 (78 FR 7488) and September 14, 2016 (81 FR 63112).
This new entry in the regulatory agenda announces that EPA will review
this action pursuant to section 610 of the Regulatory Flexibility Act,
Periodic Review of Rules (5 U.S.C. 610) to determine if the provisions
that could affect small entities should be continued without change or
should be rescinded or amended to minimize adverse economic impacts on
small entities. As part of this review, EPA is soliciting and will
consider comments on the following factors as specified in Section 610:
(1) The continued need for the rule; (2) the nature of complaints or
comments received concerning the rule; (3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates or conflicts with
other federal, state or local government rules; and (5) the degree to
which the technology, economic conditions or other factors have changed
in the area affected by the rule. Comments must be received within 60
days of this notice. In submitting comments, please reference Docket ID
EPA-HQ-OAR-2020-0099 and follow the instructions provided in the
preamble to this issue of the Regulatory Agenda. This docket can be
accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/21/11 76 FR 15553
Begin Review........................ 06/00/20 .......................
End Review.......................... 11/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Mary Johnson, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5025, Email:
johnson.mary@epa.gov.
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email:
hutson.nick@epa.gov.
RIN: 2060-AU76
[[Page 52769]]
187. Section 610 Review of National Emission Standards for
Hazardous Air Pollutants for Major Sources: Industrial, Commercial and
Institutional Boilers and Process Heaters (Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 42 U.S.C. 7412 Clean Air Act; 5 U.S.C. 610
Abstract: On March 21, 2011, the EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial,
Commercial, and Institutional Boilers and Process Heaters (76 FR
15608). The rule (40 CFR part 63, subpart DDDDD) includes standards to
control hazardous air pollutant emissions from new and existing
industrial, commercial, and institutional boilers and process heaters
fired with coal, oil, biomass, natural gas or other solid, liquid or
gaseous non-waste materials located at major source facilities. Rule
amendments that did impose additional regulatory requirements beyond
those imposed by the March 2011 final rule were estimated to result in
an increase in burden were promulgated on January 31, 2013 (78 FR
7138). This new entry in the regulatory agenda announces that EPA will
review this action pursuant to section 610 of the Regulatory
Flexibility Act, ``Periodic Review of Rules'' (5 U.S.C. 610) to
determine if the provisions that could affect small entities should be
continued without change or should be rescinded or amended to minimize
adverse economic impacts on small entities. As part of this review, EPA
is soliciting and will consider comments on the following factors as
specified in section 610: (1) The continued need for the rule; (2) the
nature of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates or conflicts with other federal, state or local government
rules; and (5) the degree to which the technology, economic conditions
or other factors have changed in the area affected by the rule.
Comments must be received within 60 days of this notice. In submitting
comments, please reference Docket ID No. EPA-HQ-OAR-2020-0106 and
follow the instructions provided in the preamble to this issue of the
Regulatory Agenda. This docket can be accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/21/11 76 FR 15607
Begin Review........................ 06/00/20 .......................
End Review.......................... 11/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Jim Eddinger, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5426, Email:
eddinger.jim@epa.gov.
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email:
hutson.nick@epa.gov.
RIN: 2060-AU77
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
188. National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and Fumigation Operations
E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 7412 Clean Air Act
Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and
Fumigation Operations were finalized in December 1994 (59 FR 62585).
The standards require existing and new major sources to control
emissions to the level achievable by the maximum achievable control
technology (MACT) and require existing and new area sources to control
emissions using generally available control technology (GACT). EPA
completed a residual risk and technology review for the NESHAP in 2006
and, at that time, concluded that no revisions to the standards were
necessary. In this action, EPA will conduct the second technology
review for the NESHAP and also assess potential updates to the rule. To
aid in this effort, EPA issued an advance notice of proposed rulemaking
(ANPRM) that solicited comment from stakeholders and signaled the
beginning of the Small Business Advocacy Review (SBAR) panel process
which is needed when there is the potential for significant economic
impacts to small businesses from any regulatory actions being
considered.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/19 84 FR 67889
ANPRM Comment Period End............ 02/10/20 .......................
NPRM................................ 09/00/20 .......................
Final Rule.......................... 12/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jonathan Witt, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27709, Phone: 919 541-5645, Email:
witt.jon@epa.gov.
Steve Fruh, Environmental Protection Agency, Office of Air and
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park,
NC 27711, Phone: 919 541-2837, Email: fruh.steve@epa.gov.
RIN: 2060-AU37
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Long-Term Actions
189. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor
Degreasing
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA)
provides authority for EPA to ban or restrict the manufacture
(including import), processing, distribution in commerce, and use of
chemical substances, as well as any manner or method of disposal.
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan
for Chemical Assessments for which EPA published completed risk
assessments prior to June 22, 2016, consistent with the scope of the
completed risk assessment. In the June 2014 TSCA Work Plan Chemical
Risk Assessment for TCE, EPA characterized risks from the use of TCE in
commercial degreasing and in some consumer uses. EPA has preliminarily
determined that these risks are unreasonable risks. On January 19,
2017, EPA proposed to prohibit the manufacture, processing,
distribution in commerce, or commercial use of TCE in vapor degreasing.
A separate action (RIN 2070-AK03), published on December 16, 2016,
proposed to address the unreasonable risks from TCE when used as a
spotting agent in dry cleaning and in commercial and consumer aerosol
[[Page 52770]]
spray degreasers. The uses identified in the proposed rules are being
considered as part of the risk evaluation currently being conducted for
TCE under TSCA section 6(b).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 7432
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Toni Krasnic, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0984,
Email: krasnic.toni@epa.gov.
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
wolf.joel@epa.gov.
RIN: 2070-AK11
190. N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section
6(a)
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act provides
authority for EPA to ban or restrict the manufacture (including
import), processing, distribution in commerce, and use of chemical
substances, as well as any manner or method of disposal. Section
26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for
chemicals listed in the 2014 update to the TSCA Work Plan for Chemical
Assessments for which EPA published completed risk assessments prior to
June 22, 2016, consistent with the scope of the completed risk
assessment and other applicable requirements of section 6. N-
methylpyrrolidone (NMP) is used in paint and coating removal in
commercial processes and consumer products. In the March 2015 TSCA Work
Plan Chemical Risk Assessment for NMP, EPA characterized risks from use
of this chemical in paint and coating removal. On January 19, 2017, EPA
preliminarily determined that the use of NMP in paint and coating
removal poses an unreasonable risk of injury to health. In the final
rule for methylene chloride in consumer paint and coating removal (RIN
2070-AK07), EPA explained that the Agency was not finalizing the
proposed regulation for NMP as part of that action. NMP use in paint
and coating removal was incorporated into the risk evaluation currently
being conducted under TSCA section 6(b).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/17/17 82 FR 7464
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Eileen Sheehan, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, USEPA Region 9, 75
Hawthorne Street, San Francisco, CA 94105, Phone: 415 972-3287, Email:
sheehan.eileen@epa.gov.
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
wolf.joel@epa.gov.
RIN: 2070-AK46
ENVIRONMENTAL PROTECTION AGENCY (EPA)
72
Final Rule Stage
191. National Primary Drinking Water Regulations for Lead and Copper:
Regulatory Revisions
E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 300f et seq., Safe Drinking Water Act
Abstract: The EPA proposed the Lead and Copper Rule (LCR) to
include a suite of actions to reduce lead exposure in drinking water
where it is needed the most. The proposed rule identifies the most at-
risk communities to ensure systems have plans in place to rapidly
respond by taking actions to reduce elevated levels of lead in drinking
water. The proposed LCR maintains the current Maximum Contaminant Level
Goal (MCLG) of zero and the Action Level of 15 ppb. The proposed rule
would require a more comprehensive response at the action level and
introduces a trigger level of 10 ppb that requires more proactive
planning in communities with lead service lines. The proposed revisions
also include requirements for water systems to prepare an inventory of
known lead service lines and to make the inventory publicly available.
The proposal takes a proactive and holistic approach to improving the
current rule--from testing to treatment to telling the public about the
levels and risks of lead in drinking water. This approach focuses on
the following six key areas: (1) Identifying areas most impacted; (2)
strengthening treatment requirements; (3) replacing lead service lines;
(4) increasing sampling; (5) improving risk communication; and (6)
protecting children in schools.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/13/19 84 FR 61684
NPRM Comment Period Extended........ 12/19/19 84 FR 69695
Final Rule.......................... 09/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeffrey Kempic, Environmental Protection Agency,
Office of Water, 4607M, Washington, DC 20460, Phone: 202 564-4880,
Email: kempic.jeffrey@epa.gov.
Lisa Christ, Environmental Protection Agency, Office of Water, 1200
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-8354,
Email: christ.lisa@epa.gov.
RIN: 2040-AF15
[FR Doc. 2020-16763 Filed 8-25-20; 8:45 am]
BILLING CODE 6560-50-P