[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48332-48339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14612]
[[Page 48331]]
Vol. 87
Monday,
No. 151
August 8, 2022
Part XVI
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 87 , No. 151 / Monday, August 8, 2022 / UA:
Reg Flex Agenda
[[Page 48332]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL 9752-01-OA; EPA-HQ-OAR-2021-0
Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Environmental Protection Agency (EPA) publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions online at
https://www.reginfo.gov to periodically update the public. This
document contains information about:
Regulations in the Semiannual Agenda that are under
development, completed, or canceled since the last agenda; and
Reviews of regulations with small business impacts under
Section 610 of the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
Semiannual Agenda, please contact: Caryn Muellerleile
([email protected]; 202-564-2855).
Table of Contents
I. Introduction
A. EPA's Regulatory Information
B. What key statutes and executive orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
B. How is the e-Agenda organized?
C. What Information is in the Regulatory Flexibility Agenda and
the e-Agenda?
D. What tools are available for mining regulatory agenda data
and for finding more about EPA rules and policies?
III. Review of Regulations Under Section 610 of the Regulatory
Flexibility Act
A. Reviews of Rules With Significant Impacts on a Substantial
Number of Small Entities
B. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
I. Introduction
EPA is committed to a regulatory strategy that effectively achieves
the Agency's mission of protecting human health and the environment.
EPA publishes the Semiannual Agenda of Regulatory and Deregulatory
Actions to update the public about regulatory activity undertaken in
support of this mission. In the Semiannual Agenda, EPA provides notice
of our plans to review, propose, and issue regulations. EPA is
committed to environmental protection that benefits all communities and
encourages public participation and meaningful engagement in our
regulatory activities and processes.
Additionally, EPA's Semiannual Agenda includes information about
rules that may have a significant economic impact on a substantial
number of small entities, and review of those regulations under the
Regulatory Flexibility Act as amended.
In this document, EPA explains in greater detail the types of
actions and information available in the Semiannual Agenda and actions
that are currently undergoing review specifically for impacts on small
entities.
A. EPA's Regulatory Information
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database at https://www.reginfo.gov/.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish this document in the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This document is available at
https://www.govinfo.gov/app/collection/fr.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the U.S. General Services
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
``Section 610 Review'' as required by the Regulatory Flexibility
Act means a periodic review within ten years of promulgating a final
rule that has or may have a significant economic impact on a
substantial number of small entities. EPA maintains a list of these
actions at https://www.epa.gov/reg-flex/section-610-reviews. EPA is
completing one Section 610 review in spring 2022.
B. What key statutes and executive orders guide EPA's rule and
policymaking process?
Several environmental laws authorize EPA's actions, including but
not limited to:
Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act
(EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
EPA must comply not only with environmental laws, but also with
administrative legal requirements that apply to the issuance of
regulations, such as the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), as supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994);
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997);
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed
[[Page 48333]]
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 what
has been 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 processes. For more information about EPA's
efforts to increase transparency, participation, and collaboration in
EPA activities, please visit https://www.epa.gov/laws-regulations/get-involved-epa-regulations.
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations in the e-Agenda. However, there is no
legal significance to the omission of an item from the agenda, and EPA
generally does not include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers.
Under the CAA: Revisions to state implementation plans;
equivalent methods for ambient air quality monitoring; deletions from
the new source performance standards source categories list;
delegations of authority to states; area designations for air quality
planning purposes.
Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins.
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations.
Under TSCA: Licensing actions and new chemical actions.
Under RCRA: Authorization of State solid waste management
plans and 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), and 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 announcing the completion of one review in this Agenda.
B. How Is the e-Agenda organized?
Online, you can choose how to sort the agenda entries by specifying
the characteristics of the entries of interest in the desired
individual data fields of the e-Agenda at https://www.reginfo.gov. You
can sort based on the following characteristics: EPA subagency (such as
Office of Water), stage of rulemaking as described in the following
paragraphs, alphabetically by title, or the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is added to
the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Pre-rule Stage--EPA's pre-rule actions generally are intended to
determine whether the agency should initiate rulemaking. Pre-
rulemakings 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 2021 Agenda. This category also includes
actions that EPA is no longer considering and has elected to
``withdraw'' and the results of any RFA section 610 reviews.
C. What Information is in the Regulatory Flexibility Agenda and the e-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) replicates each of these
actions with more extensive information, described below.
E-Agenda entries include:
Title: a brief description of the subject of the regulation. The
notation ''Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one of the five following
categories:
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations. If an action that would normally be classified Routine and
[[Page 48334]]
Frequent is reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of Executive
Order 12866.
Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if
it has resulted or is likely to result in an annual effect on the
economy of $100 million or more or meets other criteria specified in
the Congressional Review Act.
Unfunded Mandates: Whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, the agency prepare a written statement on
federal mandates addressing costs, benefits, and intergovernmental
consultation.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a NPRM, a Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 05/00/23 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates preparing a regulatory flexibility analysis
under section 603 or 604 of the RFA. Generally, such an analysis is
required for proposed or final rules subject to the RFA that EPA
believes may have a significant economic impact on a substantial number
of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the affected
governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part.
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN correspond to
the EPA office with lead responsibility for developing the action.
D. What tools are available for mining regulatory agenda data and for
finding more about EPA rules and policies?
1. Federal Regulatory Dashboard
The https://www.reginfo.gov searchable database maintained by the
Regulatory Information Service Center and OMB's Office of Information
and Regulatory Affairs (OIRA), allows users to view the Regulatory
Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), with
options for searching, displaying, and data transmission.
2. Subject Matter EPA Websites
Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the
action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials developed throughout the development process for that
rulemaking. The docket serves as the repository for the collection of
documents or information related to that Agency's action or activity.
EPA uses dockets primarily for rulemaking actions, but dockets may also
be used for section 610 reviews and for various non-rulemaking
activities, such as Federal Register documents seeking public comments
on draft guidance, policy statements, information collection requests
under the PRA, and other non-rule activities. Docket information should
be in that action's agenda entry. All of EPA's public dockets can be
located at https://www.regulations.gov. EPA particularly welcomes
feedback on rulemakings from communities likely to be affected by these
actions.
III. Review of Regulations Under Section 610 of the Regulatory
Flexibility Act
A. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. Currently,
EPA is announcing the completion of one Section 610 review.
[[Page 48335]]
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Review title RIN Docket ID # Status
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Section 610 Review of National Emission 2060-AV08 EPA-HQ-OAR-2021-0152...... Completed.
Standards for Hazardous Air Pollutants
for Coal-and Oil-Fired Electric
Utility Steam Generating Units.
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EPA established a public docket for this Section 610 review. While
comments for the completed review are no longer accepted, submitted
comments and the final report can be viewed at https://www.regulations.gov/, docket EPA-HQ-OAR-2021-0152.
B. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under the RFA as amended by SBREFA, the Agency must prepare a
formal analysis of the potential negative impacts on small entities,
convene a Small Business Advocacy Review Panel (proposed rule stage),
and prepare a Small Entity Compliance Guide (final rule stage) unless
the Agency certifies a rule will not have a significant economic impact
on a substantial number of small entities. For more detailed
information about the Agency's policy and practice with respect to
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at
https://www.epa.gov/reg-flex.
IV. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are valuable tools for addressing the problems
we face, and the regulatory agenda plays an important role in that
process.
Victoria Arroyo,
Associate Administrator, Office of Policy.
10--Clean Air Act--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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189....................... National Emission 2060-AU37
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
190....................... Standards of Performance 2060-AV16
for New, Reconstructed,
and Modified Sources and
Emissions Guidelines for
Existing Sources: Oil and
Natural Gas Sector
Climate Review.
191....................... Revisions to the Air 2060-AV41
Emission Reporting
Requirements (AERR).
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10--Clean Air Act--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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192....................... Section 610 Review of 2060-AV08
National Emission
Standards for Hazardous
Air Pollutants for Coal-
and Oil-Fired Electric
Utility Steam Generating
Units (Completion of a
Section 610 Review).
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35--TSCA--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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193....................... Methylene Chloride; 2070-AK70
Rulemaking Under TSCA
Section 6(a).
194....................... 1-Bromopropane; Rulemaking 2070-AK73
Under TSCA Section 6(a).
195....................... Trichloroethylene; 2070-AK83
Rulemaking Under TSCA
Section 6(a).
196....................... Perchloroethylene; 2070-AK84
Rulemaking Under TSCA
Section 6(a).
197....................... N-Methylpyrrolidone; 2070-AK85
Rulemaking Under TSCA
Section 6(a).
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35--TSCA--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
198....................... Cyclic Aliphatic Bromide 2070-AK71
Cluster (HBCD);
Rulemaking Under TSCA
Section 6(a).
199....................... C.I. Pigment Violet 29; 2070-AK87
Rulemaking Under TSCA
Section 6(a).
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[[Page 48336]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10--Clean Air Act
Proposed Rule Stage
189. National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and Fumigation Operations [2060-AU37]
Legal Authority: secs. 112 and 307(d)(7)(B) of the CAA as amended
(42 U.S.C. 7412 and 7607(d)(7)(B)). This action is also subject to
section 307(d) of the CAA (42 U.S.C. 7607(d)); 42 U.S.C. 7401
Abstract: In December 1994, pursuant to section 112(d) of the CAA,
EPA promulgated the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and
Fumigation Operations (59 FR 62585). The NESHAP established standards
for both major and area sources. 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 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 undertook a Small Business Advocacy Review (SBAR)
panel, which is needed when there is the potential for significant
economic impacts to small businesses from any regulatory actions being
considered. EPA is also planning to undertake community outreach as
part of the development of this action.
Timetable:
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Action Date FR Cite
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ANPRM............................... 12/12/19 84 FR 67889
NPRM................................ 08/00/22
Final Rule.......................... 10/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon 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
190. Standards of Performance for New, Reconstructed, and Modified
Sources and Emissions Guidelines for Existing Sources: Oil and Natural
Gas Sector Climate Review [2060-AV16]
Legal Authority: 42 U.S.C. 7411
Abstract: On January 20, 2021, President Joe Biden issued an
Executive Order titled ``Protecting Public Health and the Environment
and Restoring Science to Tackle the Climate Crisis,'' which directs the
EPA to take certain actions by September 2021 to reduce methane and
volatile organic compound (VOC) emissions in the oil and natural gas
sector. Specifically, the Executive Order directs the EPA to review the
new source performance standards (NSPS) issued in 2020 for the oil and
gas sector and, as appropriate and consistent with applicable law,
consider publishing for notice and comment a proposed rule suspending,
revising, or rescinding the NSPS. The Executive Order further directs
the EPA to consider proposing: (1) new regulations to establish
comprehensive NSPS for methane and VOC emissions and (2) new
regulations to establish emission guidelines for methane emissions from
existing operations in the oil and gas sector, including from the
exploration and production, transmission, processing, and storage
segments. The purpose of this action is to review the existing NSPS and
propose new standards as necessary to meet the directives set forth in
the Executive Order, as well as to propose new emission guidelines for
existing sources in the oil and gas sector.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/21 86 FR 63110
NPRM Comment Period End............. 01/14/22
Supplemental NPRM................... 10/00/22
Final Rule.......................... 05/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karen Marsh, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
01, Research Triangle Park, NC 27711, Phone: 919 541-1065, Email:
[email protected].
Steve Fruh, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code E143-01, Research
Triangle Park, NC 27711, Phone: 919 541-2837, Email:
[email protected].
RIN: 2060-AV16
191. Revisions to the Air Emission Reporting Requirements (AERR) [2060-
AV41]
Legal Authority: Clean Air Act
Abstract: This action proposes revisions to the existing Air
Emissions Reporting Requirements (AERR) rule last revised on February
19, 2015 (80 FR 8787), and may include major revisions. The EPA is
considering how to improve the quality and completeness of hazardous
air pollutant (HAP) emissions from stationary sources and all pollutant
emissions from prescribed fires. Further, the EPA is considering how
best to quantify emissions from intermittent sources such as backup
generators; how to obtain data from permitted facilities in Indian
Country when a Tribe is not required to report emissions data; and how
to address known data gaps, streamline processes, and improve data
quality, documentation, and transparency for nonpoint and mobile
sources.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/23 .......................
Final Rule.......................... 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marc Houyoux, Environmental Protection Agency,
Office of Air and Radiation, C339-02, Research Triangle Park, NC 27711,
Phone: 919 541-3649, Fax: 919 541-0684, Email: [email protected].
RIN: 2060-AV41
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10--Clean Air Act
Completed Actions
192. Section 610 Review of National Emission Standards for Hazardous
Air Pollutants for Coal- and Oil-Fired Electric Utility Steam
Generating Units (Completion of a Section 610 Review) [2060-AV08]
Legal Authority: secs. 112 and 307(d)(7)(B) of the CAA as amended
(42 U.S.C. 7412 and 7607(d)(7)(B)). This action is also subject to sec.
307(d) of the CAA (42 U.S.C. 7607(d))
Abstract: On February 16, 2012, EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63,
subpart UUUUU), commonly referred to as the Mercury and Air Toxics
Standards
[[Page 48337]]
(MATS), includes standards to control hazardous air pollutant emissions
from new and existing coal- and oil-fired electric utility steam
generating units located at both major and area sources of hazardous
air pollutant emissions. This entry in the regulatory agenda announces
that EPA has reviewed the MATS action pursuant to section 610 of the
Regulatory Flexibility Act (5 U.S.C. 610) to determine if the
provisions that could affect small entities should be continued without
change or should be rescinded or amended to minimize adverse economic
impacts on small entities. As part of the review, EPA solicited
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. No comments were received. EPA has concluded that the rule does
not need to be amended at this time and has addressed the review
factors in a report. The report is available in Docket EPA-HQ-OAR-2021-
0152, which can be accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/16/12 77 FR 9303
Begin Review........................ 07/30/21 86 FR 41276
End Review.......................... 04/08/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Melanie King, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-2469, Email:
[email protected].
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-AV08
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35--TSCA
Proposed Rule Stage
193. Methylene Chloride; Rulemaking Under TSCA Section 6(A) [2070-AK70]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for methylene chloride carried out under the authority of
TSCA section 6, EPA initiated rulemaking to address unreasonable risks
of injury to health identified in the final risk evaluation. EPA's risk
evaluation for methylene chloride, describing the conditions of use and
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0437, with additional information in docket EPA-HQ-OPPT-
2016-0742.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ingrid Feustel, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, Mail Code 7405M,
1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-3199,
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-AK70
194. 1-Bromopropane; Rulemaking Under TSCA Section 6(A) [2070-AK73]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for 1-bromopropane carried out under the authority of TSCA
section 6, EPA initiated rulemaking to address unreasonable risks of
injury to health identified in the final risk evaluation. EPA's risk
evaluation for 1-bromopropane, describing the conditions of use and
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0235, with additional information in docket EPA-HQ-OPPT-
2016-0741.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy Shuman, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Washington, DC 20460, Phone: 202 564-2978, Email:
[email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK73
195. Trichloroethylene; Rulemaking Under TSCA Section 6(A) [2070-AK83]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for trichloroethylene (TCE) carried out under the authority
of TSCA section 6, EPA initiated rulemaking to address unreasonable
risks of injury to health identified in the final risk evaluation.
EPA's risk evaluation for TCE, describing the conditions of use and
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0500, with additional information in docket EPA-HQ-OPPT-
2016-0737.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelan McNamara, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Washington, DC 20460, Phone: 202 564-4361, Email:
[email protected].
[[Page 48338]]
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-AK83
196. Perchloroethylene; Rulemaking Under TSCA Section 6(A) [2070-AK84]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for perchloroethylene (PCE) carried out under the authority
of TSCA section 6, EPA initiated rulemaking to address unreasonable
risks of injury to health identified in the final risk evaluation.
EPA's risk evaluation for PCE, describing the conditions of use and
presenting EPA's determinations of unreasonable risk, is in docket EPA-
HQ-OPPT-2019-0502, with additional information in docket EPA-HQ-OPPT-
2016-0732.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Summers, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-2201,
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-AK84
197. N-Methylpyrrolidone; Rulemaking Under TSCA Section 6(A) [2070-
AK85]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for n-methylpyrrolidone (NMP) carried out under the
authority of TSCA section 6, EPA initiated rulemaking to address
unreasonable risks of injury to health identified in the final risk
evaluation. EPA's risk evaluation for NMP, describing the conditions of
use and presenting EPA's determinations of unreasonable risk, is in
docket EPA-HQ-OPPT-2019-0236, with additional information in docket
EPA-HQ-OPPT-2016-0743.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: 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].
Clara Hull, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-3954, Email:
[email protected].
RIN: 2070-AK85
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35--TSCA
Long-Term Actions
198. Cyclic Aliphatic Bromide Cluster (HBCD); Rulemaking Under TSCA
Section 6(A) [2070-AK71]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation for cyclic aliphatic bromide cluster (HBCD) carried out
under the authority of the TSCA section 6, EPA initiated rulemaking to
address unreasonable risks of injury to health and the environment
identified in the final risk evaluation. EPA's risk evaluation for
HBCD, describing the conditions of use and presenting EPA's
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0237, with additional information in docket EPA-HQ-OPPT-2016-0735.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/23 .......................
Final Rule.......................... 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alie Muneer, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Washington, DC 20460, Phone: 202 564-6369, Email:
[email protected].
Ana Corado, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, Mail Code 7408M, 1200 Pennsylvania
Avenue NW, Washington, DC 20460, Phone: 202 564-0140, Email:
[email protected].
RIN: 2070-AK71
199. C.I. Pigment Violet 29; Rulemaking Under TSCA Section 6(A) [2070-
AK87]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. Following a risk
evaluation carried out for C.I. Pigment Violet 29 under the authority
of TSCA section 6, EPA initiated rulemaking to address unreasonable
risks of injury to health identified in the final risk evaluation.
EPA's risk evaluation for C.I. Pigment Violet 29, describing the
conditions of use and presenting EPA's determinations of unreasonable
risk, is in docket EPA-HQ-OPPT-2018-0604, with additional information
in docket EPA-HQ-OPPT-2016-0725.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/23 .......................
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Todd Coleman, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-1208,
Email: [email protected].
[[Page 48339]]
Robert Courtnage, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW,
Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, Email:
[email protected].
RIN: 2070-AK87
[FR Doc. 2022-14612 Filed 8-5-22; 8:45 am]
BILLING CODE 6560-50-P