[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66866-66875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16459]



[[Page 66865]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part XIV





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: 
Reg Flex Agenda  

[[Page 66866]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 11974-01-OA; EPA-HQ-OAR-2011-0135; EPA-HQ-OAR-2024-0089]


Spring 2024 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 (RFA).

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. The EPA's Regulatory Information
    B. What key statutes and Executive Orders guide the EPA's rule 
and policymaking process?
    C. How can you be involved in the 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

    The EPA is committed to a regulatory strategy that effectively 
achieves the Agency's mission of protecting human health and the 
environment. The 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, the 
EPA provides notice of our plans to review, propose, and issue 
regulations. The EPA is committed to environmental protection that 
benefits all communities and encourages public participation and 
meaningful engagement in our regulatory activities and processes.
    Additionally, the 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, the 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. The 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 
(FR). 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 the 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. The EPA maintains a list of these 
actions at https://www.epa.gov/reg-flex/regulatory-flexibility-act-section-610-reviews. EPA is initiating one section 610 review and is 
completing another with this semiannual agenda in spring 2024, as 
described in section III.A. below.

B. What key statutes and Executive Orders guide the EPA's rule and 
policymaking process?

    Several environmental laws authorize the 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).

    The EPA must comply not only with environmental and other statutes, 
but also with applicable administrative legal requirements that apply 
to the issuance of regulations, such as the Administrative Procedure 
Act (APA), the 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).
    The 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) 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 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

[[Page 66867]]

C. How can you be involved in the 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. The 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.
    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 the 
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 the EPA.
    The 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. The EPA encourages you to become involved in 
its rule- and policymaking processes. For more information about the 
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?

    The EPA includes key regulatory actions in the e-Agenda. However, 
there is no legal significance to the omission of an item from the 
agenda, and the 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 review under section 
610 of the RFA.
    The EPA is initiating one review and completing another under 
section 610 of the RFA in this Agenda. See section III.A. for further 
detail.

B. How is the e-Agenda organized?

    You can choose how to sort the agenda entries online 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--The 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 the 
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 the 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--The EPA's completed actions are those that 
have been promulgated and published in the Federal Register since 
publication of the fall 2023 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, 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.

[[Page 66868]]

    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 '' 
Significant under 3(f)(1)'' 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 a 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 03/00/2025 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 the 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 the 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 the OMB and the 
public 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 the 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 the EPA publishes either an ANPRM or a 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 the EPA's Docket Center 
Reading Room (https://www.epa.gov/dockets). The 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 the EPA's public dockets can be located at 
https://www.regulations.gov. The 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 on a substantial 
number of small entities within 10 years of promulgation. EPA is 
initiating one section 610 review and completing another.

[[Page 66869]]



----------------------------------------------------------------------------------------------------------------
            Review title                 RIN                   Docket ID No.                       Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of Standards of     2060-AW17  EPA-HQ-OAR-2024-0089...................  Initiated.
 Performance for New Residential
 Wood Heaters, New Residential
 Hydronic Heaters and Forced-Air
 Furnaces.
Section 610 Review of the Tier 3       2060-AV90  EPA-HQ-OAR-2011-0135...................  Completed.
 Motor Vehicle Emission and Fuel
 Standards.
----------------------------------------------------------------------------------------------------------------

B. What other special attention does the EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?

    For each of the EPA's rulemakings, consideration is given to 
whether there will be any adverse impact on any small entity. The 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 the 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 the EPA's open rulemaking processes are 
valuable tools for implementing our legal requirements 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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
198.......................  610 Review of Standards of         2060-AW17
                             Performance for New
                             Residential Wood Heaters,
                             New Residential Hydronic
                             Heaters and Forced-Air
                             Furnaces (Section 610
                             Review).
------------------------------------------------------------------------


                   10--Clean Air Act--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
199.......................  Revisions to the Air               2060-AV41
                             Emission Reporting
                             Requirements (AERR).
200.......................  National Emission                  2060-AV59
                             Standards for Hazardous
                             Air Pollutants: Lime
                             Manufacturing Plants;
                             Amendments.
------------------------------------------------------------------------


                  10--Clean Air Act--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
201.......................  National Emission                  2060-AU37
                             Standards for Hazardous
                             Air Pollutants: Ethylene
                             Oxide Emissions Standards
                             for Sterilization
                             Facilities Residual Risk
                             and Technology Review.
202.......................  NSPS for GHG Emissions             2060-AV09
                             from New, Modified, and
                             Reconstructed Fossil Fuel-
                             Fired EGUs; Emission
                             Guidelines for GHG
                             Emissions from Existing
                             Fossil Fuel-Fired EGUs;
                             and Repeal of the ACE
                             Rule.
203.......................  Standards of Performance           2060-AV16
                             for New, Reconstructed,
                             and Modified Sources and
                             Emissions Guidelines for
                             Existing Sources: Oil and
                             Natural Gas Sector
                             Climate Review.
204.......................  Section 610 Review of              2060-AV90
                             Control of Air Pollution
                             From Motor Vehicles: Tier
                             3 Motor Vehicle Emission
                             and Fuel Standards
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------


                      35--TSCA--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
205.......................  1-Bromopropane (1-BP);             2070-AK73
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
206.......................  N-Methylpyrrolidone (NMP);         2070-AK85
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
207.......................  C.I. Pigment Violet 29;            2070-AK87
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
------------------------------------------------------------------------


[[Page 66870]]


                       35--TSCA--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
208.......................  Trichloroethylene (TCE);           2070-AK83
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
209.......................  Perchloroethylene (PCE);           2070-AK84
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
------------------------------------------------------------------------


                       35--TSCA--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
210.......................  Methylene Chloride;                2070-AK70
                             Regulation Under the
                             Toxic Substances Control
                             Act (TSCA).
------------------------------------------------------------------------


                       72--SDWA--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
211.......................  PFAS National Primary              2040-AG18
                             Drinking Water Regulation
                             Rulemaking.
------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Prerule Stage

198.  610 Review of Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces (Section 610 Review) [2060-AW17]

    Legal Authority: 42 U.S.C. 7411
    Abstract: On March 16, 2015, EPA published a final rule that made 
revisions to the New Source Performance Standards (NSPS) for new 
residential wood heaters (80 FR 13672). The 2015 final rule (40 CFR 
part 60, subpart AAA and QQQQ) updated the 1988 NSPS to reflect 
significant advancements in wood heater technologies and design, 
broadened the range of residential wood-heating appliances covered by 
the regulation, and improved and streamlined implementation procedures. 
The 2015 rule requires manufacturers to redesign wood heaters to be 
cleaner and lower emitting. In general, the design changes also make 
the heaters perform better and more efficiently. This new entry in the 
regulatory agenda announces that EPA will review the March 16, 2015 
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 maintained 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: (1) 
The continued need for the rule; (2) the nature of complaints or 
comments received concerning the rule; (3) the complexity of the rule; 
(4) the extent to which the rule overlaps, duplicates, or conflicts 
with other Federal, State, or local government rules; and (5) the 
degree to which the technology, economic conditions or other factors 
have changed in the area affected by the rule. Comments must be 
received within 60 days of this notice. In submitting comments, please 
reference Docket ID EPA-HQ-OAR-2024-0089 and follow the instructions 
provided in the preamble to this issue of the Regulatory Agenda. This 
docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/16/15  80 FR 13672
Begin Review........................   07/00/24  .......................
End Review..........................   11/00/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Bill Schrock, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
03, Research Triangle Park, NC 27711, Phone: 919 541-5032, Email: 
[email protected].
    Nicholas Swanson, Environmental Protection Agency, Office of Air 
and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919 
541-4080, Email: [email protected].
    RIN: 2060-AW17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Final Rule Stage

199. 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 finalizes changes to the Environmental 
Protection Agency's (EPA) emissions inventory reporting requirements to 
collect data needed for the EPA to implement pollution reduction 
programs and address environmental justice concerns. The amendments in 
this action would ensure that the EPA has sufficient information to 
identify and solve air quality and exposure problems. The amendments 
would also allow the EPA to have information readily available that the 
Agency needs to protect public health and perform other activities 
under the Clean Air Act (CAA or ``the Act''). Further, the amendments 
would ensure that communities have the data needed to understand 
significant sources of air pollution that may be impacting them--
including potent carcinogens and other highly toxic chemicals linked 
with a wide range of chronic and acute health problems.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/09/23  88 FR 54118
Notice..............................   10/12/23  88 FR 63046
Final Rule..........................   07/00/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 66871]]

    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

200. National Emission Standards for Hazardous Air Pollutants: Lime 
Manufacturing Plants; Amendments [2060-AV59]

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act; 42 U.S.C. 
7414, 7601
    Abstract: This action will amend the Lime Manufacturing National 
Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR part 
63, subpart AAAAA, as required by the Clean Air Act (CAA). This action 
will address Louisiana Environmental Action Network v. EPA, 955 F.3d 
1088 (D.C. Cir. 2020) (LEAN''), in which the court held that EPA must 
set limits on uncontrolled hazardous air pollutant (HAP) emissions when 
the Agency conducts technology reviews under CAA section 112(d)(6), 42 
U.S.C. 7412(d)(6). The Lime Manufacturing NESHAP was promulgated 
pursuant to section 112(d) of the CAA on January 5, 2004. The residual 
risk and technology review (RTR) was promulgated pursuant to CAA 112(f) 
and 112(d)(6) on July 24, 2020. The NESHAP establishes emission 
limitations based on maximum achievable control technology for control 
of HAP from kilns at new and existing lime manufacturing plants. The 
HAP emitted from lime manufacturing kilns include hydrochloric acid, 
mercury, organic HAP, and dioxins/furans. On July 21, 2023, the U.S. 
District Court for the District of Columbia extended the deadline for 
EPA to complete final action on the Lime NESHAP to June 30, 2024. The 
EPA convened a Small Business Advocacy Review (SBAR) Panel to obtain 
advice and recommendations from small entity representatives (SERs) 
that could be subject to the Lime Manufacturing NESHAP requirements. On 
August 3, 2023, the EPA's Small Business Advocacy Chairperson convened 
the Panel, which consisted of the Chairperson, the Director of the 
Sector Policies and Programs Division within the EPA's Office of Air 
Quality Planning and Standards, the Administrator of the Office of 
Information and Regulatory Affairs within OMB, and the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/05/23  88 FR 805
Supplemental NPRM...................   02/09/24  89 FR 9088
Final Rule..........................   07/00/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian Storey, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
04, Research Triangle Park, NC 27711, Phone: 919 541-1103, Fax: 919 
541-4991, Email: [email protected].
    Keith Barnett, Environmental Protection Agency, Office of Air and 
Radiation, D243-04, Research Triangle Park, NC 27711, Phone: 919 541-
5605, Fax: 919 541-4991, Email: [email protected].
    RIN: 2060-AV59

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Completed Actions

201. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Emissions Standards for Sterilization Facilities Residual Risk 
and Technology Review [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 (EtO) 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 conducted the second RTR for the NESHAP and updated 
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 has conducted outreach 
meetings within the communities affected by the highest-risk facilities 
as part of the development of this action. These meetings involved 
informing community members of the risk from EtO emissions and 
explaining how they can be involved in the rule writing process. EPA 
also held a national webinar on this proposal. Accommodations were made 
for Spanish-language speaking communities, which are disproportionately 
affected by these EtO emissions. This final rule also reflects feedback 
EPA received from representatives of local and state governments. 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
Final Rule..........................   04/05/24  89 FR 24090
Final Rule Effective................   04/05/24  .......................
------------------------------------------------------------------------

    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].
    Kusondra King, Environmental Protection Agency, Office of Air and 
Radiation, Research Triangle Park, NC 27711, Phone: 919 541-4373, 
Email: [email protected].
    RIN: 2060-AU37

202. NSPS for GHG Emissions From New, Modified, and Reconstructed 
Fossil Fuel-Fired EGUS; Emission Guidelines for GHG Emissions From 
Existing Fossil Fuel-Fired EGUS; and Repeal of the ACE Rule [2060-AV09]

    Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601
    Abstract: EPA has issued final carbon pollution standards for power 
plants that set carbon dioxide (CO2) limits for new gas-
fired combustion turbines and CO2 emission guidelines for 
existing coal, oil and gas-fired steam generating units, securing 
important climate benefits and protecting public health. These rules 
will significantly reduce greenhouse gas (GHG) emissions from existing 
coal-fired power plants and from new natural gas turbines, ensuring 
that all long-term coal-fired plants and base load new gas-fired plants 
control 90% of their carbon pollution. Existing coal-fired power plants 
are the largest source of GHGs from the power sector. New natural gas-
fired combustion turbines are some of the largest new sources of GHG 
being built today and these final standards will ensure that

[[Page 66872]]

they are constructed to minimize their GHG emissions. Consistent with 
EPA's traditional approach to establishing pollution standards under 
the Clean Air Act, the final limits and emission guidelines are based 
on proven pollution control technologies that can be applied directly 
to power plants and can achieve substantial reductions in carbon 
pollution at reasonable cost. Emission guidelines for the longest-
running existing coal units and performance standards for new base load 
combustion turbines are based on the use of carbon capture and 
sequestration/storage (CCS) an available and cost-effective control 
technology that can be applied directly to power plants. EPA has 
evaluated the emissions reductions, benefits, and costs of the final 
carbon pollution standards in a Regulatory Impact Analysis (RIA). The 
RIA projects reductions of 1.38 billion metric tons of CO2 
systemwide through 2047 along with tens of thousands of tons of 
PM2.5, SO2, and NOX harmful air 
pollutants that are known to endanger public health.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/23/23  88 FR 33240
Supplemental NPRM...................   11/20/23  88 FR 80682
Final Rule..........................   05/09/24  89 FR 39798
Final Rule Effective................   07/08/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lisa Thompson, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-9775, Email: 
[email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AV09

203. Standards of Performance for New, Reconstructed, and Modified 
Sources and Emissions Guidelines for Existing Sources: Oil and Natural 
Gas Sector Climate Review [2060-AV16]

    Legal Authority: 42 U.S.C. 7411
    Abstract: On 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.'' 
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). On 
November 30, 2023, the EPA Administrator signed the final rule which 
includes multiple actions to reduce air pollution emissions from the 
Crude Oil and Natural Gas source category. First, the EPA finalized new 
source performance standards regulating greenhouse gases and volatile 
organic compounds emissions from the Crude Oil and Natural Gas source 
category pursuant to the Clean Air Act. Second, the EPA finalized 
emission guidelines under the Clean Air Act for states to follow in 
developing, submitting, and implementing state plans to establish 
performance standards to limit greenhouse gas emissions from existing 
sources (designated facilities) in the Crude Oil and Natural Gas source 
category. Third, the EPA finalized several related actions stemming 
from the joint resolution of Congress, adopted on June 30, 2021, under 
the Congressional Review Act, disapproving the EPA's final rule titled, 
``Oil and Natural Gas Sector: Emission Standards for New, 
Reconstructed, and Modified Sources Review,'' September 14, 2020. 
Fourth, the EPA finalized a protocol under the general provisions for 
optical gas imaging. The final rule was published on March 8, 2024 (89 
FR 16820).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/15/21  86 FR 63110
Supplemental NPRM...................   12/06/22  87 FR 74702
Final Rule..........................   03/08/24  89 FR 16820
Final Rule Effective................   05/07/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy Hambrick, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27711, Phone: 919 541-0964, Fax: 919 
541-0516, Email: [email protected].
    RIN: 2060-AV16

204. Section 610 Review of Control of Air Pollution From Motor 
Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards (Completion 
of a 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 standards 
were expected to enable more stringent vehicle emissions standards and 
to make emissions control systems more effective. This entry in the 
regulatory agenda announces that the EPA has reviewed 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, the EPA solicited comments on the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received concerning the rule; (3) the complexity of the rule; (4) the 
extent to which the rule overlaps, duplicates, or conflicts with other 
Federal, State, or local government rules; and (5) the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. No comments were received. The EPA has 
concluded that the rule does not need to be amended at this time and 
has addressed the review factors in a report. The report is available 
in Docket EPA-HQ-OAR-2011-0135, which can be accessed at 
www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/28/14  79 FR 23414
Begin Review........................   07/27/23  88 FR 48598
End Review..........................   05/15/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

[[Page 66873]]

    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)

35--TSCA

Proposed Rule Stage

205. 1-Bromopropane (1-BP); Regulation 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). 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. The Agency's development of this rule 
incorporates significant stakeholder outreach and public participation, 
including over 40 external meetings as well as required Federalism, 
Tribal, and Environmental Justice consultations and a Small Businesses 
Advocacy Review Panel. Specifically, EPA engaged in discussions with 
industry, non-governmental organizations, other government agencies, 
technical experts and users of 1-BP, and the general public to hear 
from users, academics, manufacturers, and members of the public health 
community about practices related to commercial uses of 1-BP. 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................................   07/00/24
Final Rule..........................   08/00/25
------------------------------------------------------------------------

    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

206. N-Methylpyrrolidone (NMP); Regulation 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). 
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. The Agency's development 
of this rule incorporates significant stakeholder outreach and public 
participation, including over 40 external meetings as well as required 
Federalism, Tribal, and Environmental Justice consultations and a Small 
Businesses Advocacy Review Panel. 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................................   06/14/24  89 FR 51134
NPRM Comment Period End.............   07/29/24
Final Rule..........................   05/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: 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].
    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-AK85

207. C.I. Pigment Violet 29; Regulation 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................................   11/00/24
Final Rule..........................   11/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Carolyn Mottley, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue, Mail Code 7404M, Washington, DC 20460, Phone: 202 566-1955, 
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

208. Trichloroethylene (TCE); Regulation Under the Toxic Substances 
Control Act (TSCA) [2070-AK83]

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: On October 31, 2023, EPA issued a proposed rule to 
address the unreasonable risk of injury to human health presented by 
trichloroethylene (TCE) under its conditions of use as documented in 
EPA's November 2020 Risk Evaluation for TCE and January 2023 revised 
risk determination for TCE pursuant to the Toxic Substances Control Act 
(TSCA). TCE is widely used as a solvent in a variety of industrial, 
commercial and consumer applications including for hydrofluorocarbon 
(HFC) production, vapor and aerosol degreasing, and in lubricants, 
greases,

[[Page 66874]]

adhesives, and sealants. TSCA requires that when EPA determines a 
chemical substance presents unreasonable risk that EPA address by rule 
the unreasonable risk of injury to health or the environment and apply 
requirements to the extent necessary so the chemical no longer presents 
unreasonable risk. EPA determined that TCE presents an unreasonable 
risk of injury to health due to the significant adverse health effects 
associated with exposure to TCE, including non-cancer effects (liver 
toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive 
toxicity, and developmental toxicity) as well as cancer (liver, kidney, 
and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures 
to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all 
routes of exposure. The most sensitive adverse effects of TCE exposure 
are non-cancer effects (developmental toxicity and immunosuppression) 
for acute exposures and developmental toxicity and autoimmunity for 
chronic exposures. To address the identified unreasonable risk, EPA is 
proposing to: prohibit all manufacture (including import), processing, 
and distribution in commerce of TCE and industrial and commercial use 
of TCE for all uses, with longer compliance timeframes and workplace 
controls for certain processing and industrial and commercial uses 
(including proposed phaseouts and time-limited exemptions); prohibit 
the disposal of TCE to industrial pre-treatment, industrial treatment, 
or publicly owned treatment works, with a time-limited exemption for 
cleanup projects; and establish recordkeeping and downstream 
notification requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/31/23  88 FR 74712
Final Rule..........................   09/00/24
------------------------------------------------------------------------

    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

209. Perchloroethylene (PCE); Regulation Under the Toxic Substances 
Control Act (TSCA) [2070-AK84]

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: On June 16, 2023, EPA proposed a rule under the Toxic 
Substances Control Act (TSCA) to address the unreasonable risk of 
injury to human health presented by perchloroethylene (PCE). PCE is a 
widely used solvent in a variety of occupational and consumer 
applications including fluorinated compound production, petroleum 
manufacturing, dry cleaning, and aerosol degreasing. EPA determined 
that PCE presents an unreasonable risk of injury to health due to the 
significant adverse health effects associated with exposure to PCE, 
including neurotoxicity effects from acute and chronic inhalation 
exposures and dermal exposures, and cancer from chronic inhalation 
exposures to PCE. TSCA requires that EPA address by rule any 
unreasonable risk of injury to health or the environment identified in 
a TSCA risk evaluation and apply requirements to the extent necessary 
so the chemical no longer presents unreasonable risk. PCE, also known 
as perc and tetrachloroethylene, is a neurotoxicant and a likely human 
carcinogen. Neurotoxicity, in particular impaired visual and cognitive 
function and diminished color discrimination, are the most sensitive 
adverse effects driving the unreasonable risk of PCE, and other adverse 
effects associated with exposure include central nervous system 
depression, kidney and liver effects, immune system toxicity, 
developmental toxicity, and cancer. To address the identified 
unreasonable risk, EPA is proposing to prohibit most industrial and 
commercial uses of PCE; the manufacture (including import), processing, 
and distribution in commerce of PCE for the prohibited industrial and 
commercial uses; the manufacture (including import), processing, and 
distribution in commerce of PCE for all consumer use; and, the 
manufacture (including import), processing, distribution in commerce, 
and use of PCE in dry cleaning and related spot cleaning through a 10-
year phaseout. For certain conditions of use that would not be subject 
to a prohibition, EPA is also proposing to require a PCE workplace 
chemical protection program that includes requirements to meet an 
inhalation exposure concentration limit and prevent direct dermal 
contact. EPA is also proposing to require prescriptive workplace 
controls for laboratory use, and to establish recordkeeping and 
downstream notification requirements. Additionally, EPA proposes to 
provide certain time-limited exemptions from requirements for certain 
critical or essential emergency uses of PCE for which no technically 
and economically feasible safer alternative is available. The Agency's 
development of this rule incorporated significant stakeholder outreach 
and public participation, including public webinars and over 40 
external meetings as well as required Federalism, Tribal, and 
Environmental Justice consultations and a Small Businesses Advocacy 
Review Panel. 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................................   06/16/23  88 FR 39652
Final Rule..........................   08/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kelly Summers, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-2201, 
Email: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7404M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK84

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Completed Actions

210. Methylene Chloride; Regulation Under the Toxic Substances Control 
Act (TSCA) [2070-AK70]

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: On May 8, 2024, EPA promulgated a final rule to address 
the unreasonable risk of injury to health presented by methylene 
chloride under its conditions of use. TSCA requires that EPA address by 
rule any unreasonable risk of injury to health or the environment 
identified in a TSCA risk evaluation and apply requirements to the 
extent necessary so that the chemical no longer presents unreasonable 
risk. EPA's final rule will,

[[Page 66875]]

among other things, prevent serious illness and death associated with 
uncontrolled exposures to the chemical by preventing consumer access to 
the chemical, restricting the industrial and commercial use of the 
chemical while also allowing for a reasonable transition period where 
an industrial and commercial use of the chemical is being prohibited, 
provide a time-limited exemption for a critical or essential use of 
methylene chloride for which no technically and economically feasible 
safer alternative is available, and protect workers from the 
unreasonable risk of methylene chloride while on the job.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/03/23  88 FR 28284
Final Rule..........................   05/08/24  89 FR 39254
Final Rule Effective................   07/08/24
------------------------------------------------------------------------

    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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72--SDWA

Completed Actions

211. 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 the 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 9-month 
extension of this promulgation date). The EPA issued a proposed 
national primary drinking water regulation for PFOA and PFOS as well as 
other PFAS on March 29, 2023, as part of this action. Finalization of 
the NPDWR reflects a key commitment in the EPA's ``PFAS Strategic 
Roadmap: EPA's Commitments to Action 2021-2024.'' EPA held a public 
hearing on the proposed NPDWR on May 4, 2023. The public comment period 
closed May 30, 2023, and more than 120,000 comments were received. On 
April 8, 2024, the final PFAS NPDWR was signed by the EPA Administrator 
and published in the Federal Register on April 26, 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   02/09/22  87 FR 7412
NPRM................................   03/29/23  88 FR 18638
Final Rule..........................   04/26/24  89 FR 32532
Final Rule Effective................   06/25/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ryan Albert, Environmental Protection Agency, 
Office of Water, 4203M, Washington, DC 20460, Phone: 202 564-0763, 
Email: [email protected].
    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. 2024-16459 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P