[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11286-11291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02033]



[[Page 11285]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XV





Environmental Protection Agency





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





Semiannual Regulatory Agenda

  Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda  

[[Page 11286]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 10114-01-OA]


Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual Regulatory Agenda.

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

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions online at 
https://www.reginfo.gov to periodically update the public. This 
document contains information about:
     Regulations in the Semiannual Agenda that are under 
development, completed, or canceled since the last agenda; and
     Reviews of regulations with small business impacts under 
Section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
Semiannual Agenda, please contact: Caryn Muellerleile 
([email protected]; 202-564-2855).

SUPPLEMENTARY INFORMATION:

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

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting human health and the environment. 
EPA publishes the Semiannual Agenda of Regulatory and Deregulatory 
Actions to update the public about regulatory activity undertaken in 
support of this mission. In the Semiannual Agenda, EPA provides notice 
of our plans to review, propose, and issue regulations. EPA is 
committed to environmental protection that benefits all communities and 
encourages public participation and meaningful engagement in our 
regulatory activities and processes.
    Additionally, EPA's Semiannual Agenda includes information about 
rules that may have a significant economic impact on a substantial 
number of small entities, and review of those regulations under the 
Regulatory Flexibility Act as amended.
    In this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Agenda and actions 
that are currently undergoing review specifically for impacts on small 
entities.

A. EPA's Regulatory Information

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register. 
Currently, this information is only available through an online 
database at https://www.reginfo.gov/.
    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. We continue to 
publish this document in the Federal Register pursuant to the 
Regulatory Flexibility Act of 1980. This document is available at 
https://www.govinfo.gov/app/collection/fr.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the U.S. General Services 
Administration.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
    ``Section 610 Review'' as required by the Regulatory Flexibility 
Act means a periodic review within ten years of promulgating a final 
rule that has or may have a significant economic impact on a 
substantial number of small entities. EPA maintains a list of these 
actions at https://www.epa.gov/reg-flex/section-610-reviews. EPA has no 
Section 610 reviews in fall 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 11287]]

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 has no reviews under section 610 of the RFA 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 spring 2022 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 11288]]

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 10/00/23 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 has no Section 610 reviews underway.

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

[[Page 11289]]

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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
418.......................  National Emission                  2060-AU37
                             Standards for Hazardous
                             Air Pollutants: Ethylene
                             Oxide Commercial
                             Sterilization and
                             Fumigation Operations
                             (Reg Plan Seq No. 169).
419.......................  New Source Performance             2060-AV16
                             Standards and Emission
                             Guidelines for Crude Oil
                             and Natural Gas
                             Facilities: Climate
                             Review (Reg Plan Seq No.
                             173).
420.......................  Revisions to the Air               2060-AV41
                             Emission Reporting
                             Requirements (AERR) (Reg
                             Plan Seq No. 175).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                      35--TSCA--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
421.......................  Methylene Chloride;                2070-AK70
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA) (Reg Plan Seq No.
                             184).
422.......................  1-Bromopropane; Rulemaking         2070-AK73
                             Under Section 6(a) of the
                             Toxic Substances Control
                             Act (TSCA) (Reg Plan Seq
                             No. 185).
423.......................  Trichloroethylene;                 2070-AK83
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA) (Reg Plan Seq No.
                             187).
424.......................  Perchloroethylene;                 2070-AK84
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA) (Reg Plan Seq No.
                             188).
425.......................  N-Methylpyrrolidone;               2070-AK85
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA) (Reg Plan Seq No.
                             189).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                       35--TSCA--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
426.......................  TSCA Section 8(a)(7)               2070-AK67
                             Reporting and
                             Recordkeeping
                             Requirements for
                             Perfluoroalkyl and
                             Polyfluoroalkyl
                             Substances.
------------------------------------------------------------------------


                       35--TSCA--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
427.......................  Tiered Data Reporting to           2070-AK62
                             Inform Prioritization,
                             Risk Evaluation and Risk
                             Management Under the
                             Toxic Substances Control
                             Act (TSCA).
428.......................  Cyclic Aliphatic Bromide           2070-AK71
                             Cluster (HBCD);
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA).
429.......................  C.I. Pigment Violet 29;            2070-AK87
                             Rulemaking Under Section
                             6(a) of the Toxic
                             Substances Control Act
                             (TSCA).
------------------------------------------------------------------------


[[Page 11290]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Proposed Rule Stage

418. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Commercial Sterilization And Fumigation Operations [2060-AU37]

    Regulatory Plan: This entry is Seq. No. 169 in part II of this 
issue of the Federal Register.
    RIN: 2060-AU37

419. New Source Performance Standards and Emission Guidelines for Crude 
Oil and Natural Gas Facilities: Climate Review [2060-AV16]

    Regulatory Plan: This entry is Seq. No. 173 in part II of this 
issue of the Federal Register.
    RIN: 2060-AV16

420. Revisions to the Air Emission Reporting Requirements (AERR) [2060-
AV41]

    Regulatory Plan: This entry is Seq. No. 175 in part II of this 
issue of the Federal Register.
    RIN: 2060-AV41

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Proposed Rule Stage

421. Methylene Chloride; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK70]

    Regulatory Plan: This entry is Seq. No. 184 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK70

422. 1-Bromopropane; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK73]

    Regulatory Plan: This entry is Seq. No. 185 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK73

423. Trichloroethylene; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK83]

    Regulatory Plan: This entry is Seq. No. 187 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK83

424. Perchloroethylene; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK84]

    Regulatory Plan: This entry is Seq. No. 188 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK84

425. N-Methylpyrrolidone; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK85]

    Regulatory Plan: This entry is Seq. No. 189 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK85

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Final Rule Stage

426. TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for 
Perfluoroalkyl and Polyfluoroalkyl Substances [2070-AK67]

    Legal Authority: 15 U.S.C. 2607(a)(7) Toxic Substances Control Act
    Abstract: EPA published a proposed rule on June 28, 2021, 
addressing reporting and recordkeeping requirements for Per- and 
Polyfluoroalkyl Substances (PFAS) under section 8(a)(7) of the Toxic 
Substances Control Act (TSCA). In accordance with obligations under 
TSCA section 8(a), as amended by section 7351 of the National Defense 
Authorization Act for Fiscal Year 2020, persons that manufacture 
(including import) or have manufactured these chemical substances in 
any year since January 1, 2011, would be subject to the reporting and 
recordkeeping requirements. In addition to fulfilling statutory 
obligations under TSCA, EPA expects that the final rule will enable EPA 
to better characterize the sources and quantities of manufactured PFAS 
in the United States. EPA solicited additional public comments on an 
Initial Regulatory Flexibility Analysis (IRFA) following the completion 
of a Small Business Advocacy Review (SBAR) Panel addressing the 
proposed PFAS reporting and recordkeeping requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/28/21  86 FR 33926
NODA................................   11/25/22  87 FR 72439
NODA Comment Period End.............   12/27/22
Final Rule..........................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephanie Griffin, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7406M, Washington, DC 20460, Phone: 202 564-1463, 
Email: [email protected].
    David Turk, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7406M, Washington, DC 20460; Phone: 202 566-1527, Email: 
[email protected].
    RIN: 2070-AK67

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Long-Term Actions

427. Tiered Data Reporting To Inform Prioritization, Risk Evaluation 
and Risk Management Under the Toxic Substances Control Act (TSCA) 
[2070-AK62]

    Legal Authority: 15 U.S.C. 2601 et seq. Toxic Substances Control 
Act
    Abstract: EPA is developing a rulemaking under sections 8(a) and 
(d) of the Toxic Substances Control Act (TSCA) to establish reporting 
requirements based upon a chemical's status in the Risk Evaluation/Risk 
Management (RE/RM) Lifecycle and update the reporting requirements 
under the 40 CFR 711 Chemical Data Reporting (CDR) regulation. TSCA 
section 8(a) provides EPA the authority to require manufacturers and 
processors to report information known to or reasonably ascertainable 
by them including information on chemical identity and structure, 
manufacture, use, exposure, disposal, and health and environmental 
effects, and to maintain records of such information. Specifically, EPA 
is seeking occupational, environmental, and consumer exposure 
information. TSCA section 8(d) provides EPA the authority to require 
manufacturers, processors, and distributors to submit health and safety 
study information to the agency. EPA is developing this rule to obtain 
information about potential hazards and exposure pathways related to 
certain chemicals, particularly occupational, environmental, and 
consumer exposure information. This information is needed

[[Page 11291]]

to inform prioritization, risk evaluation, and risk management of the 
chemical substances under TSCA section 6.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/24
Final Rule..........................   05/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Susan Sharkey, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7406M, Washington, DC 20460, Phone: 202 564-8789, 
Fax: 202 564-4775, Email: [email protected].
    David Turk, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7406M, Washington, DC 20460, Phone: 202 566-1527, Email: 
[email protected].
    RIN: 2070-AK62

428. Cyclic Aliphatic Bromide Cluster (HBCD); Rulemaking Under Section 
6(a) of the Toxic Substances Control Act (TSCA) [2070-AK71]

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: This proposed rulemaking will address the unreasonable 
risk of injury to health identified in the final risk evaluation for 
Cyclic Aliphatic Bromide Cluster (HBCD). Section 6(a) of the Toxic 
Substances Control Act (TSCA) requires EPA to eliminate unreasonable 
risk of injury to health or the environment that the Administrator has 
determined in a TSCA section 6(b) risk evaluation are presented by a 
chemical substance under the conditions of use. 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................................   02/00/24
Final Rule..........................   02/00/25
------------------------------------------------------------------------

    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

429. C.I. Pigment Violet 29; Rulemaking Under Section 6(a) of the Toxic 
Substances Control Act (TSCA) [2070-AK87]

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: This proposed rulemaking will address unreasonable risks 
of injury to health identified in the final risk evaluation for C.I. 
Pigment Violet 29. 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. EPA's risk evaluation 
for C.I. Pigment Violet 29, describing the conditions of use and 
presenting EPA's determination of unreasonable risk, is in docket EPA-
HQ-OPPT-2018-0604, with revised risk determination and additional 
information in docket EPA-HQ-OPPT-2016-0725.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/24
Final Rule..........................   05/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dyllan Taylor, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-2913, 
Email: [email protected].
    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. 2023-02033 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P