[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.

-----------------------------------------------------------------------

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 
([email protected]; 202-564-2855).

Table of Contents

I. Introduction
    A. EPA's Regulatory Information
    B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?
    C. How can you be involved in EPA's rule and policymaking 
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
    A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?
    B. How is the e-Agenda organized?
    C. What information is in the Regulatory Flexibility Agenda and 
the e-Agenda?
    D. What tools are available for mining Regulatory Agenda data 
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility 
Act
    A. Reviews of Rules With Significant Impacts on a Substantial 
Number of Small Entities
    B. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
IV. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION:

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting the environment and the health, 
welfare, and safety of Americans while also supporting economic growth, 
job creation, competitiveness, and innovation. EPA publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions to update the 
public about regulatory activity undertaken in support of this mission. 
In the Semiannual Agenda, EPA provides notice of our plans to review, 
propose, and issue regulations.
    Additionally, EPA's Semiannual Agenda includes information about 
rules that may have a significant economic impact on a substantial 
number of small entities, and review of those regulations under the 
Regulatory Flexibility Act, as amended.
    In this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Agenda and actions 
that are currently undergoing review specifically for impacts on small 
entities.

A. EPA's Regulatory Information

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register. 
Currently, this information is only available through an online 
database, at 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

[[Page 52766]]

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Review title                             RIN                         Docket ID No.                               Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
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).
------------------------------------------------------------------------


                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
188.......................  National Emission                  2060-AU37
                             Standards for Hazardous
                             Air Pollutants: Ethylene
                             Oxide Commercial
                             Sterilization and
                             Fumigation Operations.
------------------------------------------------------------------------


[[Page 52768]]


                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           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
------------------------------------------------------------------------
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: [email protected].
    Julia Burch, Environmental Protection Agency, Office of Air and 
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 
202 564-0961, Email: [email protected].
    RIN: 2060-AU44

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: 
[email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AU76

[[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: 
[email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AU77

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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: 
[email protected].
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711, Phone: 919 541-2837, Email: [email protected].
    RIN: 2060-AU37

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK11

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: 
[email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK46

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72

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: [email protected].
    Lisa Christ, Environmental Protection Agency, Office of Water, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-8354, 
Email: [email protected].
    RIN: 2040-AF15

[FR Doc. 2020-16763 Filed 8-25-20; 8:45 am]
BILLING CODE 6560-50-P