[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Unknown Section]
[Pages 48598-48606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14551]
[[Page 48597]]
Vol. 88
Thursday,
No. 143
July 27, 2023
Part XV
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 88 , No. 143 / Thursday, July 27, 2023 / UA:
Reg Flex Agenda
[[Page 48598]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL 10845-01-OA; EPA-HQ-OAR-2011-0135]
Spring 2023 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 the subset of 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
initiating one Section 610 review with this semiannual agenda in spring
2023 for the 2014 rulemaking, ``Control of Air Pollution from Motor
Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.''
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:
American Innovation and Manufacturing Act (AIM)
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 and other statutes, 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), supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011) and amended by Executive Order 14094, ``Modernizing Regulatory
Review'' (88 FR 21879, April 11, 2023); 12898, ``Environmental
Justice'' (59 FR 7629, Feb. 16, 1994) and 14096, ``Revitalizing Our
Nation's Commitment to Environmental Justice for All'' (88 FR 25251,
April 26, 2023); 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); and 13211, ``Actions Concerning
[[Page 48599]]
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 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 initiating one review under section 610 of the RFA in this
Agenda for the 2014 rulemaking ``Control of Air Pollution from Motor
Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.''
B. How is the e-Agenda organized?
You can choose how to sort the agenda entries on-line 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 are generally 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) 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 encourage 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 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 following five
categories:
a. Significant under 3(f)(1): Under Executive Order 12866, as
amended, a rulemaking that may have an annual effect on the economy of
$200 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, territorial, 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,
[[Page 48600]]
or loan programs, or the rights and obligations of recipients; or
3. Raise legal or policy issues for which centralized review would
meaningfully further 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
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 section(s) 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 and/or a 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 03/00/2024 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 federal, tribal, state, or local.
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
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 transmitting data.
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,
and is accessible both electronically or at EPA's Docket Center Reading
Room (https://www.epa.gov/dockets). 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 each rule
that has or will have a significant economic impact
[[Page 48601]]
on a substantial number of small entities within 10 years of
promulgation. Currently, EPA is initiating one Section 610 review with
this semiannual agenda.
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Review title RIN Docket ID No. Status
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Section 610 Review of the Tier 3 Motor 2060-AV90 EPA-HQ-OAR-2011-0135...... Initiated.
Vehicle Emission and Fuel Standards.
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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 and
current information about the Agency's policy and practice with respect
to implementing the RFA/SBREFA, including ongoing Small Business
Advocacy Review Panels, please visit EPA's RFA/SBREFA website at
https://www.epa.gov/reg-flex.
IV. Thank You for Collaborating With Us
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 through engaging in our rulemaking process.
Collaborative efforts such as EPA's open rulemaking processes are
valuable tools for implementing our legal requirements in order to
address environmental and public health challenges. Our regulatory
agenda and your engagement play an important role in that process.
Victoria Arroyo,
Associate Administrator, Office of Policy.
10--Clean Air Act--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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173....................... Section 610 Review of the 2060-AV90
Tier 3 Motor Vehicle
Emission and Fuel
Standards (Section 610
Review).
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10--Clean Air Act--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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174....................... National Emission 2060-AU37
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
175....................... Revisions to the Air 2060-AV41
Emission Reporting
Requirements (AERR).
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10--Clean Air Act--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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176....................... New Source Performance 2060-AV16
Standards and Emission
Guidelines for Crude Oil
and Natural Gas
Facilities: Climate
Review.
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35--TSCA--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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177....................... Tiered Data Reporting to 2070-AK62
Inform Prioritization,
Risk Evaluation and Risk
Management Under the
Toxic Substances Control
Act (TSCA).
178....................... Methylene Chloride; 2070-AK70
Rulemaking Under the
Toxic Substances Control
Act (TSCA).
179....................... 1-Bromopropane; Rulemaking 2070-AK73
Under the Toxic
Substances Control Act
(TSCA).
180....................... Trichloroethylene; 2070-AK83
Rulemaking Under the
Toxic Substances Control
Act (TSCA).
181....................... Perchloroethylene (PCE); 2070-AK84
Rulemaking Under the
Toxic Substances Control
Act (TSCA).
182....................... N-Methylpyrrolidone; 2070-AK85
Rulemaking Under the
Toxic Substances Control
Act (TSCA).
183....................... C.I. Pigment Violet 29; 2070-AK87
Rulemaking Under the
Toxic Substances Control
Act (TSCA).
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[[Page 48602]]
35--TSCA--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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184....................... TSCA Section 8(a)(7) 2070-AK67
Reporting and
Recordkeeping
Requirements for
Perfluoroalkyl and
Polyfluoroalkyl
Substances.
------------------------------------------------------------------------
72--SDWA--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
185....................... PFAS National Primary 2040-AG18
Drinking Water Regulation
Rulemaking.
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
10--Clean Air Act
Prerule Stage
173. Section 610 Review of the Tier 3 Motor Vehicle Emission
and Fuel Standards (Section 610 Review) [2060-AV90]
Legal Authority: 5 U.S.C. 610
Abstract: The rulemaking ``Control of Air Pollution From Motor
Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards'' was
finalized by EPA in April 2014 (79 FR 23414). The final rule
established the Tier 3 Motor Vehicle Emission and Fuel Standards
program. The Tier 3 program was part of a comprehensive approach to
reducing the impacts of motor vehicles on air quality and public
health. The program considered the vehicle and its fuel as an
integrated system, setting new vehicle emissions standards and a new
gasoline sulfur standard beginning in 2017. The vehicle emissions
standards were expected to reduce both tailpipe and evaporative
emissions from passenger cars, light-duty trucks, medium-duty passenger
vehicles, and some heavy-duty vehicles. The gasoline sulfur standard
were expected to enable more stringent vehicle emissions standards and
will make emissions control systems more effective. This new entry in
the regulatory agenda announces that EPA will review this action
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C.
610) to determine if the provisions that could affect small entities
should be continued without change or should be rescinded or amended to
minimize adverse economic impacts on small entities. As part of this
review, EPA will consider and solicit 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 Action........................ 04/28/14 79 FR 23414
Begin Review........................ 06/00/23 .......................
End Review.......................... 12/00/23 .......................
------------------------------------------------------------------------
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].
RIN: 2060-AV90
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10--Clean Air Act
Proposed Rule Stage
174. National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and Fumigation Operations [2060-AU37]
Legal Authority: 42 U.S.C. 7607(d); 42 U.S.C. 7414, 7601
Abstract: In December 1994, pursuant to section 112(d) of the Clean
Air Act, 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, as required
by law, and consider potential updates to the rule. To aid in this
effort, EPA issued an advance notice of proposed rulemaking that
solicited comment from stakeholders, undertook a Small Business
Advocacy Review panel, which is needed when there is the potential for
significant economic impacts to small businesses from any regulatory
actions being considered, and is conducting community outreach as part
of the development of this action. For more information, please visit
https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/19 84 FR 67889
NPRM................................ 04/13/23 88 FR 22790
NPRM Comment Period Extended........ 06/01/23 88 FR 35808
NPRM Comment Period End............. 06/27/23 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
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
175. Revisions to the Air Emission Reporting Requirements (AERR) [2060-
AV41]
Legal Authority: 42 U.S.C. 7401 et seq. 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
[[Page 48603]]
8787). The EPA is considering how to improve the quality and
completeness of hazardous air pollutant (HAP) emissions data from
stationary sources and all pollutant emissions data 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 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................................ 08/00/23 .......................
Final Rule.......................... 06/00/24 .......................
------------------------------------------------------------------------
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
Final Rule Stage
176. New Source Performance Standards and Emission Guidelines for Crude
Oil and Natural Gas Facilities: Climate Review [2060-AV16]
Legal Authority: 42 U.S.C. 7411
Abstract: On November 15, 2021, the EPA proposed new source
performance standards and emission guidelines for crude oil and natural
gas facilities. (86 FR 63110). This action was in response to the
January 20, 2021, Executive Order titled ``Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis.''
The 2021 action proposed to update and strengthen methane and VOC
standards on the books for new sources, add standards for currently
unregulated new sources, establish first nationwide Emission Guidelines
for states to regulate existing sources. On December 6, 2022, in a
supplemental proposal, EPA proposed to update, strengthen, and expand
its November 2021 proposal that would secure major climate and health
benefits for all Americans by reducing emissions of methane and other
harmful air pollution from both new and existing sources in the oil and
natural gas industry (87 FR 74702). The supplemental proposal would
achieve more comprehensive emissions reductions from oil and natural
gas operations by improving standards in the 2021 proposal and adding
proposed requirements for sources not previously covered. Specific
proposed requirements include fugitive emissions monitoring and repair
at well sites, stronger requirements for flares, zero emissions
standards for pneumatic pumps, new standards for dry seal compressors,
and a program to allow approved third parties to identify super-
emitting events for prompt mitigation. The supplemental proposal also
promotes innovation in methane detection technology. The proposal
included details for implementing the Emissions Guidelines, which would
require states to develop plans that establish, implement, and enforce
performance standards for hundreds of thousands of existing sources
across the country. State requirements must generally reflect the
reductions achievable by applying the Best System of Emission Reduction
that EPA has determined has been adequately demonstrated. States would
have to submit plans including their requirements to EPA for review.
The Agency expects to issue a final rule later this year.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/21 86 FR 63110
NPRM Comment Period Extended........ 12/17/21 86 FR 71603
Supplemental NPRM................... 12/06/22 87 FR 74702
Final Rule.......................... 08/00/23 .......................
------------------------------------------------------------------------
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, NC 27711, Phone: 919 541-2837, Email:
[email protected].
RIN: 2060-AV16
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35--TSCA
Proposed Rule Stage
177. 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 to inform
prioritization, risk evaluation, and risk management of the chemical
substances under TSCA section 6.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24 .......................
Final Rule.......................... 07/00/25 .......................
------------------------------------------------------------------------
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
[[Page 48604]]
7406M, Washington, DC 20460, Phone: 202 566-1527, Email:
[email protected].
RIN: 2070-AK62
178. Methylene Chloride; Rulemaking Under the Toxic Substances Control
Act (TSCA) [2070-AK70]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: EPA proposed to address the unreasonable risk of injury
to human health presented by methylene chloride under its conditions of
use as documented in EPA's June 2020 risk evaluation and November 2022
revised risk determination for methylene chloride prepared under the
Toxic Substances Control Act (TSCA). EPA's risk evaluation, describing
the conditions of use is in docket EPA-HQ-OPPT-2019-0437, with the 2022
unreasonable risk determination and additional materials in docket EPA-
HQ-OPPT-2016-0742. To address the identified unreasonable risk, EPA is
proposing to: prohibit the manufacture, processing, and distribution in
commerce of methylene chloride for consumer use; prohibit most
industrial and commercial uses of methylene chloride; require a
workplace chemical protection program, which would include a
requirement to meet inhalation exposure concentration limits and
exposure monitoring for certain continued conditions of use of
methylene chloride; require recordkeeping and downstream notification
requirements for several conditions of use of methylene chloride; and
provide certain time-limited exemptions from requirements for uses of
methylene chloride that would otherwise significantly disrupt national
security and critical infrastructure.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/23 88 FR 28284
NPRM Comment Period End............. 07/03/23 .......................
Final Rule.......................... 06/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ingrid Feustel, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, Mail Code 7404M,
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
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK70
179. 1-Bromopropane; Rulemaking Under the Toxic Substances Control Act
(TSCA) [2070-AK73]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by 1-bromopropane (1-BP) under its
conditions of use as documented in EPA's 2020 risk evaluation and 2022
revised risk determination. Section 6(a) of the Toxic Substances
Control Act (TSCA) requires EPA address by rule any unreasonable risk
identified in a TSCA risk evaluation and apply requirements to the
extent necessary so the chemical no longer presents unreasonable risk.
EPA's risk evaluation for 1-BP, describing the conditions of use, is in
docket EPA-HQ-OPPT-2019-0235, with the 2022 unreasonable risk
determination and additional materials in docket EPA-HQ-OPPT-2016-0741.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23 .......................
Final Rule.......................... 03/00/25 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy Shuman, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404M, 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
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK73
180. Trichloroethylene; Rulemaking Under the Toxic Substances Control
Act (TSCA) [2070-AK83]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by trichloroethylene (TCE) under its
conditions of use as documented in EPA's 2020 Risk Evaluation and 2023
revised risk determination. Section 6(a) of the Toxic Substances
Control Act (TSCA) requires EPA to address by rule any unreasonable
risk identified in a TSCA risk evaluation and apply requirements to the
extent necessary so the chemical no longer presents unreasonable risk.
EPA's risk evaluation for TCE, describing TCE's conditions of use is in
docket EPA-HQ-OPPT-2019-0500, with the January 2023 unreasonable risk
determination and additional materials in docket EPA-HQ-OPPT-2016-0737.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/23 .......................
Final Rule.......................... 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gabriela Rossner, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-2426,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK83
181. Perchloroethylene (PCE); Rulemaking Under the Toxic Substances
Control Act (TSCA) [2070-AK84]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by perchloroethylene (PCE) under its
conditions of use as documented in EPA's 2020 Risk Evaluation and 2022
revised risk determination. Section 6(a) of the Toxic Substances
Control Act (TSCA) requires EPA to address by rule any unreasonable
risk identified in a TSCA risk evaluation and apply requirements to the
extent necessary so the chemical no longer presents unreasonable risk.
EPA's risk evaluation for PCE, describing the conditions of use is in
docket EPA-HQ-OPPT-2019-0502, with the 2022 unreasonable risk
determination and additional materials in docket EPA-HQ-OPPT-2016-0732.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/23 .......................
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
[[Page 48605]]
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
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK84
182. N-Methylpyrrolidone; Rulemaking Under the Toxic Substances Control
Act (TSCA) [2070-AK85]
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by n-methylpyrrolidone (NMP) under
its conditions of use, as documented in EPA's 2020 Risk Evaluation and
2022 revised risk determination. Section 6(a) of the Toxic Substances
Control Act (TSCA) requires EPA to address by rule any unreasonable
risk identified in a TSCA section 6(b) risk evaluation by applying
requirements to the extent necessary so the chemical no longer presents
unreasonable risk. EPA's 2020 risk evaluation for NMP, describing its
conditions of use is in docket EPA-HQ-OPPT-2019-0236, with the 2022
revised unreasonable risk determination and additional materials in
docket EPA-HQ-OPPT-2016-0743.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/23 .......................
Final Rule.......................... 12/00/24 .......................
------------------------------------------------------------------------
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 7404M, 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
7404M, Washington, DC 20460, Phone: 202 564-3954, Email:
[email protected].
RIN: 2070-AK85
183. C.I. Pigment Violet 29; Rulemaking Under 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 .......................
------------------------------------------------------------------------
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 7404M, Washington, DC 20460, Phone: 202 564-2913,
Email: [email protected].
Ana Corado, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0140, Email:
[email protected].
RIN: 2070-AK87
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35--TSCA
Final Rule Stage
184. 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
Notice.............................. 11/25/22 87 FR 72439
Comment Period End.................. 12/27/22 .......................
Final Rule.......................... 09/00/23 .......................
------------------------------------------------------------------------
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)
72--SDWA
Final Rule Stage
185. PFAS National Primary Drinking Water Regulation Rulemaking [2040-
AG18]
Legal Authority: 42 U.S.C. 300f et seq.; Safe Drinking Water Act
Abstract: On March 3, 2021, the Environmental Protection Agency
(EPA) published the Fourth Regulatory Determinations in Federal
Register, including a determination to regulate perfluorooctanoic acid
(PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per
the Safe Drinking Water Act, following publication of the Regulatory
Determination, the Administrator shall propose a maximum contaminant
level goal (MCLG) and a national primary drinking water regulation
(NPDWR) not later than 24 months after determination and promulgate a
NPDWR within 18 months after proposal (the statute authorizes a
[[Page 48606]]
9-month extension of this promulgation date). With this action, EPA
intends to develop a proposed national primary drinking water
regulation for PFOA and PFOS, and as appropriate, take final action.
Additionally, EPA will continue to consider other PFAS as part of this
action. This action provides a key commitment in EPA's ``PFAS Strategic
Roadmap: EPA's Commitments to Action 2021-2024.''
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 02/09/22 87 FR 7412
NPRM................................ 03/29/23 88 FR 18638
NPRM Comment Period End............. 05/30/23 .......................
Final Rule.......................... 01/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexis Lan, Environmental Protection Agency, Office
of Water, 1200 Pennsylvania Avenue NW, 4601M, Washington, DC 20460,
Phone: 202 564-0841, Email: [email protected].
RIN: 2040-AG18
[FR Doc. 2023-14551 Filed 7-26-23; 8:45 am]
BILLING CODE 6560-50-P