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Proposed Rule2023-02033

Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions

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Published

February 22, 2023

Issuing agencies

Environmental Protection Agency

Abstract

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: <bullet> Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and <bullet> Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act.

Full Text

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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11286-11291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02033]

[[Page 11285]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XV

Environmental Protection Agency

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Semiannual Regulatory Agenda

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

[[Page 11286]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 10114-01-OA]

Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual Regulatory Agenda.

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

SUMMARY: The Environmental Protection Agency (EPA) publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions online at
<a href="https://www.reginfo.gov">https://www.reginfo.gov</a> to periodically update the public. This
document contains information about:
<bullet> Regulations in the Semiannual Agenda that are under
development, completed, or canceled since the last agenda; and
<bullet> 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
(<a href="/cdn-cgi/l/email-protection#5a372f3f36363f28363f33363f74393b2823341a3f2a3b743d352c">[email&#160;protected]</a>; 202-564-2855).

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

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

A. EPA's Regulatory Information

``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database at <a href="https://www.reginfo.gov/">https://www.reginfo.gov/</a>.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish this document in the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This document is available at
<a href="https://www.govinfo.gov/app/collection/fr">https://www.govinfo.gov/app/collection/fr</a>.
``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 <a href="https://www.epa.gov/reg-flex/section-610-reviews">https://www.epa.gov/reg-flex/section-610-reviews</a>. EPA has no
Section 610 reviews in fall 2022.

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

Several environmental laws authorize EPA's actions, including but
not limited to:
<bullet> Clean Air Act (CAA),
<bullet> Clean Water Act (CWA),
<bullet> Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA, or Superfund),
<bullet> Emergency Planning and Community Right-to-Know Act
(EPCRA),
<bullet> Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
<bullet> Resource Conservation and Recovery Act (RCRA),
<bullet> Safe Drinking Water Act (SDWA), and
<bullet> Toxic Substances Control Act (TSCA).
EPA must comply not only with environmental laws, but also with
administrative legal requirements that apply to the issuance of
regulations, such as the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), as supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994);
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997);
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).

C. How can you be involved in EPA's rule and policymaking process?

You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed

[[Page 11287]]

rules published in the Federal Register (FR).
Instructions on how to submit your comments through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/laws-regulations/get-involved-epa-regulations">https://www.epa.gov/laws-regulations/get-involved-epa-regulations</a>.

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:
<bullet> Administrative actions such as delegations of authority,
changes of address, or phone numbers.
<bullet> 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.
<bullet> Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins.
<bullet> Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations.
<bullet> Under TSCA: Licensing actions and new chemical actions.
<bullet> Under RCRA: Authorization of State solid waste management
plans and hazardous waste delisting petitions.
<bullet> 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.
<bullet> Under SDWA: Actions on State underground injection control
programs.
Meanwhile, the Regulatory Flexibility Agenda includes:
<bullet> Actions likely to have a significant economic impact on a
substantial number of small entities.
<bullet> Rules the Agency has identified for periodic review under
section 610 of the RFA.
EPA has no reviews under section 610 of the RFA in this Agenda.

B. How is the e-Agenda organized?

Online, you can choose how to sort the agenda entries by specifying
the characteristics of the entries of interest in the desired
individual data fields of the e-Agenda at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>. You
can sort based on the following characteristics: EPA subagency (such as
Office of Water), stage of rulemaking as described in the following
paragraphs, alphabetically by title, or the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is added to
the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Pre-rule Stage--EPA's pre-rule actions generally are intended to
determine whether the agency should initiate rulemaking. Pre-
rulemakings may include anything that influences or leads to
rulemaking; this would include Advance Notices of Proposed Rulemaking
(ANPRMs), studies or analyses of the possible need for regulatory
action.
2. Proposed Rule Stage--Proposed rulemaking actions include EPA's
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled
to publish in the Federal Register within the next year.
3. Final Rule Stage--Final rulemaking actions are those actions
that EPA is scheduled to finalize and publish in the Federal Register
within the next year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action (such as publication of a NPRM or
final rule) is twelve or more months into the future. We urge you to
explore becoming involved even if an action is listed in the Long-Term
category.
5. Completed Actions--EPA's completed actions are those that have
been promulgated and published in the Federal Register since
publication of the spring 2022 Agenda. This category also includes
actions that EPA is no longer considering and has elected to
``withdraw'' and the results of any RFA section 610 reviews.

C. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?

The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) replicates each of these
actions with more extensive information, described below.
E-Agenda entries include:
Title: a brief description of the subject of the regulation. The
notation ''Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one of the five following
categories:
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations. If an action that would normally be classified Routine and

[[Page 11288]]

Frequent is reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of Executive
Order 12866.
Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if
it has resulted or is likely to result in an annual effect on the
economy of $100 million or more or meets other criteria specified in
the Congressional Review Act.
Unfunded Mandates: Whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, the agency prepare a written statement on
federal mandates addressing costs, benefits, and intergovernmental
consultation.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a NPRM, a Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 10/00/23 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates preparing a regulatory flexibility analysis
under section 603 or 604 of the RFA. Generally, such an analysis is
required for proposed or final rules subject to the RFA that EPA
believes may have a significant economic impact on a substantial number
of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the affected
governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part.
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN correspond to
the EPA office with lead responsibility for developing the action.

D. What tools are available for mining Regulatory Agenda Data and for
finding more about EPA rules and policies?

1. Federal Regulatory Dashboard
The <a href="https://www.reginfo.gov">https://www.reginfo.gov</a> 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 (<a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>), with
options for searching, displaying, and data transmission.
2. Subject Matter EPA Websites
Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the
action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials developed throughout the development process for that
rulemaking. The docket serves as the repository for the collection of
documents or information related to that Agency's action or activity.
EPA uses dockets primarily for rulemaking actions, but dockets may also
be used for section 610 reviews and for various non-rulemaking
activities, such as Federal Register documents seeking public comments
on draft guidance, policy statements, information collection requests
under the PRA, and other non-rule activities. Docket information should
be in that action's agenda entry. All of EPA's public dockets can be
located at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. EPA particularly welcomes
feedback on rulemakings from communities likely to be affected by these
actions.

III. Review of Regulations Under Section 610 of the Regulatory
Flexibility Act

A. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities

Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. Currently,
EPA has no Section 610 reviews underway.

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

For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under the RFA as amended by SBREFA, the Agency must prepare a
formal analysis of the potential negative impacts on small entities,
convene a

[[Page 11289]]

Small Business Advocacy Review Panel (proposed rule stage), and prepare
a Small Entity Compliance Guide (final rule stage) unless the Agency
certifies a rule will not have a significant economic impact on a
substantial number of small entities. For more detailed information
about the Agency's policy and practice with respect to implementing the
RFA/SBREFA, please visit EPA's RFA/SBREFA website at <a href="https://www.epa.gov/reg-flex">https://www.epa.gov/reg-flex</a>.

IV. Thank You for Collaborating With Us

Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are valuable tools for addressing the problems
we face, and the regulatory agenda plays an important role in that
process.

Victoria Arroyo,
Associate Administrator, Office of Policy.

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

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

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

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

[[Page 11290]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10--Clean Air Act

Proposed Rule Stage

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

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

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

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

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

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Proposed Rule Stage

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

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

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

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

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

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

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

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

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

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Final Rule Stage

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

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

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephanie Griffin, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7406M, Washington, DC 20460, Phone: 202 564-1463,
Email: <a href="/cdn-cgi/l/email-protection#4324312a25252a2d6d303726332b222d2a26032633226d242c35">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#a8dcdddac386ccc9dec1cce8cdd8c986cfc7de">[email&#160;protected]</a>.
RIN: 2070-AK67

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35--TSCA

Long-Term Actions

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

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

[[Page 11291]]

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

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Sharkey, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7406M, Washington, DC 20460, Phone: 202 564-8789,
Fax: 202 564-4775, Email: <a href="/cdn-cgi/l/email-protection#bccfd4ddced7d9c592cfc9cfddd2fcd9ccdd92dbd3ca">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#760203041d581217001f123613061758111900">[email&#160;protected]</a>.
RIN: 2070-AK62

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

Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health identified in the final risk evaluation for
Cyclic Aliphatic Bromide Cluster (HBCD). Section 6(a) of the Toxic
Substances Control Act (TSCA) requires EPA to eliminate unreasonable
risk of injury to health or the environment that the Administrator has
determined in a TSCA section 6(b) risk evaluation are presented by a
chemical substance under the conditions of use. EPA's risk evaluation
for HBCD, describing the conditions of use and presenting EPA's
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0237, with additional information in docket EPA-HQ-OPPT-2016-0735.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
Final Rule.......................... 02/00/25
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alie Muneer, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Washington, DC 20460, Phone: 202 564-6369, Email:
<a href="/cdn-cgi/l/email-protection#f9948c979c9c8bd79895909cb99c8998d79e968f">[email&#160;protected]</a>.
Ana Corado, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, Mail Code 7408M, 1200 Pennsylvania
Avenue NW, Washington, DC 20460, Phone: 202 564-0140, Email:
<a href="/cdn-cgi/l/email-protection#e7848895868388c9868986a7829786c9808891">[email&#160;protected]</a>.
RIN: 2070-AK71

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

Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: This proposed rulemaking will address unreasonable risks
of injury to health identified in the final risk evaluation for C.I.
Pigment Violet 29. Section 6 of the Toxic Substances Control Act (TSCA)
requires EPA to address unreasonable risks of injury to health or the
environment that the Administrator has determined are presented by a
chemical substance under the conditions of use. EPA's risk evaluation
for C.I. Pigment Violet 29, describing the conditions of use and
presenting EPA's determination of unreasonable risk, is in docket EPA-
HQ-OPPT-2018-0604, with revised risk determination and additional
information in docket EPA-HQ-OPPT-2016-0725.
Timetable:

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dyllan Taylor, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-2913,
Email: <a href="/cdn-cgi/l/email-protection#fc889d8590938ed2988590909d92bc998c9dd29b938a">[email&#160;protected]</a>.
Robert Courtnage, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW,
Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, Email:
<a href="/cdn-cgi/l/email-protection#187b776d6a6c76797f7d366a777a7d6a6c587d6879367f776e">[email&#160;protected]</a>.
RIN: 2070-AK87

[FR Doc. 2023-02033 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P

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