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Proposed Rule2024-16459

Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions

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Published

August 16, 2024

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 (RFA).

Full Text

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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<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 (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
(<a href="/cdn-cgi/l/email-protection#107d65757c7c75627c75797c753e737162697e507560713e777f66">[email&#160;protected]</a>; 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 <a href="https://www.reginfo.gov/">https://www.reginfo.gov/</a>.
``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
<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 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 <a href="https://www.epa.gov/reg-flex/regulatory-flexibility-act-section-610-reviews">https://www.epa.gov/reg-flex/regulatory-flexibility-act-section-610-reviews</a>. 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:

<bullet> American Innovation and Manufacturing Act (AIM),
<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).

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 <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 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 <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?

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:
<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 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 <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--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 <a href="https://www.reginfo.gov">https://www.reginfo.gov</a> 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 (<a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>), 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 (<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>). 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="https://www.epa.gov/reg-flex">https://www.epa.gov/reg-flex</a>.

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. <bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
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:
<a href="/cdn-cgi/l/email-protection#5427373c263b373f7a363d3838143124357a333b22">[email&#160;protected]</a>.
Nicholas Swanson, Environmental Protection Agency, Office of Air
and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919
541-4080, Email: <a href="/cdn-cgi/l/email-protection#84f7f3e5eaf7ebeaaaeaede7ecebe8e5f7c4e1f4e5aae3ebf2">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#a4cccbd1ddcbd1dc8ac9c5d6c7e4c1d4c58ac3cbd2">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#0774736875627e2965756e66694762776629606871">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#1775766579726363397c727e637f5772677639707861">[email&#160;protected]</a>.
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 <a href="https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities">https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities</a>.
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:
<a href="/cdn-cgi/l/email-protection#e3948a9797cd898c8da3869382cd848c95">[email&#160;protected]</a>.
Kusondra King, Environmental Protection Agency, Office of Air and
Radiation, Research Triangle Park, NC 27711, Phone: 919 541-4373,
Email: <a href="/cdn-cgi/l/email-protection#c7acaea9a0e9acb2b4a8a9a3b5a687a2b7a6e9a0a8b1">[email&#160;protected]</a>.
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 (CO<INF>2</INF>) limits for new gas-
fired combustion turbines and CO<INF>2</INF> 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 CO<INF>2</INF>
systemwide through 2047 along with tens of thousands of tons of
PM<INF>2.5</INF>, SO<INF>2</INF>, and NO<INF>X</INF> 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:
<a href="/cdn-cgi/l/email-protection#64100c0b0914170b0a4a080d1705240114054a030b12">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#f59d8081869a9bdb9b9c969eb5908594db929a83">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#caa2aba7a8b8a3a9a1e4aba7b38aafbaabe4ada5bc">[email&#160;protected]</a>.
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
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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: <a href="/cdn-cgi/l/email-protection#68051a071246020d1b1b010b09280d1809460f071e">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#0f7c677a626e61216e62764f6a7f6e21686079">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#4c3b23202a62262329200c293c2d622b233a">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#751d0019195b1619140714351005145b121a03">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#b4c3dbd8d29adedbd1d8f4d1c4d59ad3dbc2">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#6904061d1d050c10470a081b06051007290c1908470e061f">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#f5969a8794919adb949b94b5908594db929a83">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#dba9b4a8a8b5bea9f5bcbab9a9b2beb7ba9bbeabbaf5bcb4ad">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#bccbd3d0da92d6d3d9d0fcd9ccdd92dbd3ca">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#1d6e687070786f6e3376787171645d786d7c337a726b">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#6c1b03000a42060309002c091c0d420b031a">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#abcdceded8dfcec785c2c5ccd9c2cfebcedbca85ccc4dd">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#8bfce4e7eda5e1e4eee7cbeefbeaa5ece4fd">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#ef8e838d8a9d9bc19d968e81af8a9f8ec1888099">[email&#160;protected]</a>.
Alexis Lan, Environmental Protection Agency, Office of Water, 1200
Pennsylvania Avenue NW, 4601M, Washington, DC 20460, Phone: 202 564-
0841, Email: <a href="/cdn-cgi/l/email-protection#c5a9a4abeba4a9a0bdacb685a0b5a4eba2aab3">[email&#160;protected]</a>.
RIN: 2040-AG18

[FR Doc. 2024-16459 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.