16952 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[FRL 10014–66–OP; EPA–HQ–OAR–2019– 

0168; EPA–HQ–OAR–2020–0099; EPA–HQ– 

OAR–2020–0106] 

Fall 2020 Unified Agenda of Regulatory 

and Deregulatory Actions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the Semiannual 

Agenda of Regulatory and Deregulatory 

Actions online at https://

www.reginfo.gov and at https://

www.regulations.gov to update the 

public. This document contains 

information about: 

• Regulations in the Semiannual 

Agenda that are under development, 

completed, or canceled since the last 

agenda; and 

• Reviews of regulations with small 

business impacts under Section 610 of 

the Regulatory Flexibility Act. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions or comments about 

a particular action, please get in touch 

with the agency contact listed in each 

agenda entry. If you have general 

questions about the Semiannual 

Agenda, please contact: Caryn 

Muellerleile (muellerleile.caryn@

epa.gov; 202–564–2855). 

Table of Contents 

I. Introduction 

A. EPA’s Regulatory Information 

B. What key statutes and Executive Orders 

guide EPA’s rule and policymaking 

process? 

C. How can you be involved in EPA’s rule 

and policymaking process? 

II. Semiannual Agenda of Regulatory and 

Deregulatory Actions 

A. What actions are included in the eAgenda 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 610 of the 

Regulatory Flexibility Act 

A. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

B. What other special attention does EPA 

give to the impacts of rules on small 

businesses, small governments, and 

small nonprofit organizations? 

IV. Thank You for Collaborating With Us 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

EPA is committed to a regulatory 

strategy that effectively achieves the 

Agency’s mission of protecting the 

environment and the health, welfare, 

and safety of Americans while also 

supporting economic growth, job 

creation, competitiveness, and 

innovation. 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. 

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 

both www.reginfo.gov/ and 

www.regulations.gov. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about regulations that may 

have a significant impact on a 

substantial number of small entities. We 

continue to publish this document in 

the Federal Register pursuant to the 

Regulatory Flexibility Act of 1980. This 

document is available at https://

www.govinfo.gov/app/collection/fr. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center 

facilitated by the General Service 

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. 

‘‘610 Review’’ as required by the 

Regulatory Flexibility Act means a 

periodic review within ten years of 

promulgating a final rule that has or 

may have a significant economic impact 

on a substantial number of small 

entities. EPA maintains a list of these 

actions at https://www.epa.gov/reg-flex/ 

section-610-reviews. EPA has three 610 

reviews ongoing in fall 2020. 

B. What key statutes and Executive 

Orders guide EPA’s rule and 

policymaking process? 

A number of environmental laws 

authorize EPA’s actions, including but 

not limited to: 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA, or Superfund), 

• Emergency Planning and 

Community Right-to-Know Act 

(EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and 

Recovery Act (RCRA), 

• Safe Drinking Water Act (SDWA), 

and 

• Toxic Substances Control Act 

(TSCA). 

Not only must EPA comply with 

environmental laws, but also 

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: 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ (82 FR 9339, Feb. 3, 2017); 

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 


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provided in each agenda entry. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published in the Federal Register 

(FR). 

Instructions on how to submit your 

comments through https://

www.regulations.gov are provided in 

each Notice of Proposed Rulemaking 

(NPRM). To be most effective, 

comments should contain information 

and data that support your position and 

you also should explain why EPA 

should incorporate your suggestion in 

the rule or other type of action. You can 

be particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternative(s) 

to that 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 process. 

For more information about EPA’s 

efforts to increase transparency, 

participation and collaboration in EPA 

activities, please visit https://

www.epa.gov/open. 

II. Semiannual Agenda of Regulatory 

and Deregulatory Actions 

A. What actions are included in the eAgenda and the Regulatory Flexibility 

Agenda? 

EPA includes regulations in the eAgenda. However, there is no legal 

significance to the omission of an item 

from the agenda, and EPA generally 

does not include the following 

categories of actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the CAA: Revisions to state 

implementation plans; equivalent 

methods for ambient air quality 

monitoring; deletions from the new 

source performance standards source 

categories list; delegations of authority 

to states; area designations for air 

quality planning purposes; 

• Under FIFRA: Registration-related 

decisions, actions affecting the status of 

currently registered pesticides, and data 

call-ins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under RCRA: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the CWA: State Water 

Quality Standards; deletions from the 

section 307(a) list of toxic pollutants; 

suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES); delegations of NPDES 

authority to States; 

• Under SDWA: Actions on State 

underground injection control 

programs. 

Meanwhile, the Regulatory Flexibility 

Agenda includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities; 

• Rules the Agency has identified for 

periodic review under section 610 of the 

RFA. 

EPA has three ongoing 610 reviews 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 for 

both the www.reginfo.gov and 

www.regulations.gov versions of the eAgenda. 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. Prerule Stage—EPA’s prerule 

actions generally are intended to 

determine whether the agency should 

initiate rulemaking. Prerulemakings 

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 2020 Agenda. The term 

completed actions 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 


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Regulations. If an action that would 

normally be classified Routine and 

Frequent is reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866, then we would 

classify the action as either 

‘‘Economically Significant’’ or ‘‘Other 

Significant.’’ 

e. Informational/Administrative/ 

Other: An action that is primarily 

informational or pertains to an action 

outside the scope of Executive Order 

12866. 

Executive Order 13771 Designation: 

Each entry is placed into one of the 

following categories: 

a. Deregulatory: When finalized, an 

action is expected to have total costs 

less than zero; 

b. Regulatory: The action is either 

(i) a significant regulatory action as 

defined in section 3(f) of Executive 

Order 12866, or 

(ii) a significant guidance document 

(e.g., significant interpretive guidance) 

reviewed by OMB’s Office of 

Information and Regulatory Affairs 

(OIRA) under the procedures of 

Executive Order 12866 that, when 

finalized, is expected to impose total 

costs greater than zero; 

c. Fully or Partially Exempt: The 

action has been granted, or is expected 

to be granted, a full or partial waiver 

under one or more of the following 

circumstances: 

(i) It is expressly exempt by Executive 

Order 13771 (issued with respect to a 

‘‘military, national security, or foreign 

affairs function of the United States’’; or 

related to ‘‘agency organization, 

management, or personnel’’), or 

(ii) it addresses an emergency such as 

critical health, safety, financial, or nonexempt national security matters (offset 

requirements may be exempted or 

delayed), or 

(iii) it is required to meet a statutory 

or judicial deadline (offset requirements 

may be exempted or delayed), or 

(iv) expected to generate de minimis 

costs; 

d. Not subject to, not significant: is a 

NPRM or final rule AND is neither an 

Executive Order 13771 regulatory action 

nor an Executive Order 13771 

deregulatory action; 

e. Other: At the time of designation, 

either the available information is too 

preliminary to determine Executive 

Order 13771 status or other reasonable 

circumstances preclude a preliminary 

Executive Order 13771 designation. 

f. Independent agency: Is an action an 

independent agency anticipates issuing 

and thus is not subject to Executive 

Order 13771. 

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 Notice of Proposed 

Rulemaking, 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 05/00/21 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 with the EPA 

office with lead responsibility for 

developing the action. 

D. What tools are available for mining 

Regulatory Agenda data and for finding 

more about EPA rules and policies? 

1. Federal Regulatory Dashboard 

The https://www.reginfo.gov/ 

searchable database maintained by the 

Regulatory Information Service Center 

and OIRA, allows users to view the 

Regulatory Agenda database (https://

www.reginfo.gov/public/do/ 

eAgendaMain), which includes search, 

display, and data transmission options. 

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. Deregulatory Actions and Regulatory 

Reform 

EPA maintains a list of its 

deregulatory actions under 

development, as well as those that are 


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completed, at https://www.epa.gov/ 

laws-regulations/epa-deregulatoryactions. A completed list of regulatory 

actions, as defined under Executive 

Order 13771, is available at https://

www.epa.gov/laws-regulations/eparegulatory-actions. Additional 

information about EPA’s regulatory 

reform activity is available to the public 

at https://www.epa.gov/lawsregulations/regulatory-reform. 

4. 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 

particular Agency action or activity. 

EPA most commonly uses dockets for 

rulemaking actions, but dockets may 

also be used for section 610 reviews and 

for various non-rulemaking activities, 

such as Federal Register documents 

seeking public comments on draft 

guidance, policy statements, 

information collection requests under 

the PRA, and other non-rule activities. 

Docket information should be in that 

action’s agenda entry. All of EPA’s 

public dockets can be located at https:// 

www.regulations.gov. 

III. Review of Regulations Under 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. 

At this time, EPA has three 610 reviews 

ongoing. 

Review title RIN Docket ID # Status 

Section 610 Review of Renewable Fuels Standard Program ................................. 2060–AU44 EPA–HQ–OAR–2019–0168 Ongoing. 

Section 610 Review of National Emission Standards for Hazardous Air Pollutants 

for Area Sources: Industrial, Commercial, and Institutional Boilers.

2060–AU76 EPA–HQ–OAR–2020–0099 Ongoing. 

Section 610 Review of National Emission Standards for Hazardous Air Pollutants 

for Major Sources: Industrial, Commercial and Institutional Boilers and Process 

Heaters.

2060–AU77 EPA–HQ–OAR–2020–0106 Ongoing. 

EPA has established public dockets 

for these 610 reviews. While comments 

for these reviews are no longer being 

accepted, submitted comments can be 

viewed at https://www.regulations.gov/, 

please see dockets EPA–HQ–OAR– 

2019–0168, EPA–HQ–OAR–2020–0099, 

and EPA–HQ–OAR–2020–0106. 

B. What other special attention does 

EPA give to the impacts of rules on 

small businesses, small governments, 

and small nonprofit organizations? 

For each of EPA’s rulemakings, 

consideration is given to whether there 

will be any adverse impact on any small 

entity. EPA attempts to fit the regulatory 

requirements, to the extent feasible, to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

Under the RFA as amended by 

SBREFA, the Agency must prepare a 

formal analysis of the potential negative 

impacts on small entities, convene a 

Small Business Advocacy Review Panel 

(proposed rule stage), and prepare a 

Small Entity Compliance Guide (final 

rule stage) unless the Agency certifies a 

rule will not have a significant 

economic impact on a substantial 

number of small entities. For more 

detailed information about the Agency’s 

policy and practice with respect to 

implementing the RFA/SBREFA, please 

visit EPA’s RFA/SBREFA website at 

https://www.epa.gov/reg-flex. 

IV. Thank You for Collaborating With 

Us 

Finally, we would like to thank those 

of you who choose to join with us in 

making progress on the complex issues 

involved in protecting human health 

and the environment. Collaborative 

efforts such as EPA’s open rulemaking 

process are a valuable tool for 

addressing the problems we face, and 

the regulatory agenda is an important 

part of that process. 

Dated: November 12, 2020. 

Brittany Bolen, 

Associate Administrator, Office of Policy. 

10—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

317 .................... Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Section 610 Review).2060–AU76 

318 .................... Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters (Section 610 Review).2060–AU77 

10—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

319 .................... National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and 

Fumigation Operations (Reg Plan Seq No. 78).

2060–AU37 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 


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10—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

320 .................... Section 610 Review of Renewable Fuels Standard Program (Section 610 Review) .................................... 2060–AU44 

35—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

321 .................... 1-Bromopropane; Rulemaking Under TSCA Section 6(a) (Reg Plan Seq No. 89) ....................................... 2070–AK73 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

35—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

322 .................... Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing .................................... 2070–AK11 

323 .................... N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) ................................................. 2070–AK46 

72—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

324 .................... National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions .......................... 2040–AF15 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Prerule Stage 

317. Section 610 Review of National 

Emission Standards for Hazardous Air 

Pollutants for Area Sources: Industrial, 

Commercial, and Institutional Boilers 

(Section 610 Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 42 U.S.C. 7412 Clean 

Air Act 

Abstract: On March 21, 2011, EPA 

promulgated National Emission 

Standards for Hazardous Air Pollutants 

for Area Sources: Industrial, 

Commercial, and Institutional Boilers 

(76 FR 15554). The rule (40 CFR part 63, 

subpart JJJJJJ) includes standards to 

control hazardous air pollutant 

emissions from new and existing 

industrial, commercial and institutional 

boilers fired with coal, oil, biomass or 

other solid and liquid non-waste 

materials located at area source 

facilities. Rule amendments that did not 

impose any additional regulatory 

requirements beyond those imposed by 

the March 2011 final rule and, in certain 

instances, would result in a decrease in 

burden, were promulgated on February 

1, 2013 (78 FR 7488) and September 14, 

2016 (81 FR 63112). This entry in the 

regulatory agenda describes EPA’s 

review of this action pursuant to section 

610 of the Regulatory Flexibility Act, 

‘‘Periodic Review of Rules’’ (5 U.S.C. 

610) to determine if the provisions that 

could affect small entities should be 

continued without change or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities. As part of this review, EPA is 

considering comments on the following 

factors as specified in section 610: (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. The results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket at the conclusion 

of this review. This review’s Docket ID 

number is EPA–HQ–OAR–2020–0099; 

the docket can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 03/21/11 76 FR 15553 

Begin Review ...... 06/30/20 

End Review ......... 03/00/21 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Mary Johnson, 

Environmental Protection Agency, 

Office of Air and Radiation, 109 T.W. 

Alexander Drive, Mail Code D243–01, 

Research Triangle Park, NC 27711, 

Phone: 919 541–5025, Email: 

johnson.mary@epa.gov. 

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: hutson.nick@

epa.gov. 

RIN: 2060–AU76 

318. Section 610 Review of National 

Emission Standards for Hazardous Air 

Pollutants for Major Sources: 

Industrial, Commercial and 

Institutional Boilers and Process 

Heaters (Section 610 Review) 

E.O. 13771 Designation: Other. 

Legal Authority: 42 U.S.C. 7412 Clean 

Air Act 

Abstract: On March 21, 2011, the EPA 

promulgated National Emission 

Standards for Hazardous Air Pollutants 

for Major Sources: Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters (76 FR 15608). The 

rule (40 CFR part 63, subpart DDDDD) 

includes standards to control hazardous 

air pollutant emissions from new and 

existing industrial, commercial, and 

institutional boilers and process heaters 

fired with coal, oil, biomass, natural gas 

or other solid, liquid or gaseous nonVerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15

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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16957 

waste materials located at major source 

facilities. Rule amendments that did 

impose additional regulatory 

requirements beyond those imposed by 

the March 2011 final rule were 

estimated to result in an increase in 

burden were promulgated on January 

31, 2013 (78 FR 7138). This entry in the 

regulatory agenda describes EPA’s 

review of this action pursuant to Section 

610 of the Regulatory Flexibility Act, 

‘‘Periodic Review of Rules’’ (5 U.S.C. 

610) to determine if the provisions that 

could affect small entities should be 

continued without change or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities. As part of this review, EPA is 

considering comments on the following 

factors as specified in Section 610: (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. The results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket at the conclusion 

of this review. This review’s Docket ID 

number is EPA–HQ–OAR–2020–0106; 

the docket can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 03/21/11 76 FR 15607 

Begin Review ...... 06/30/20 

End Review ......... 03/00/21 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Jim Eddinger, 

Environmental Protection Agency, 

Office of Air and Radiation, 109 T.W. 

Alexander Drive, Mail Code D243–01, 

Research Triangle Park, NC 27711, 

Phone: 919 541–5426, Email: 

eddinger.jim@epa.gov. 

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: hutson.nick@

epa.gov. 

RIN: 2060–AU77 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Proposed Rule Stage 

319. National Emission Standards for 

Hazardous Air Pollutants: Ethylene 

Oxide Commercial Sterilization and 

Fumigation Operations 

Regulatory Plan: This entry is Seq. 

No. 78 in part II of this issue of the 

Federal Register. 

RIN: 2060–AU37 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Long-Term Actions 

320. Section 610 Review of Renewable 

Fuels Standard Program (Section 610 

Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 5 U.S.C. 610 

Abstract: The rulemaking ‘‘Regulation 

of Fuels and Fuel Additives: Changes to 

Renewable Fuel Standard Program’’ was 

finalized by EPA in March 2010 (75 FR 

14669, March 26, 2010). The final 

regulations made a number of changes 

to the existing Renewable Fuel Standard 

program while retaining many elements 

of the compliance and trading system 

already in place. The final rule also 

implemented the revised statutory 

definitions and criteria, most notably 

the greenhouse gas emission thresholds 

for renewable fuels and new limits on 

renewable biomass feedstocks. This 

entry in the regulatory agenda describes 

EPA’s review of this action pursuant to 

section 610 of the Regulatory Flexibility 

Act (5 U.S.C. 610). As part of this 

review, EPA is considering comments 

on the following factors: (1) The 

continued need for the rule; (2) the 

nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent to 

which the rule overlaps, duplicates, or 

conflicts with other Federal, State, or 

local government rules; and (5) the 

degree to which the technology, 

economic conditions or other factors 

have changed in the area affected by the 

rule. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 03/26/10 75 FR 14669 

Begin Review ...... 06/24/19 84 FR 29689 

Comment Period 

Extended.

08/27/19 84 FR 44804 

Action Date FR Cite 

End Review ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jessica Mroz, 

Environmental Protection Agency, 

Office of Air and Radiation, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460, Phone: 202 564–1094, Email: 

mroz.jessica@epa.gov. 

Julia Burch, Environmental Protection 

Agency, Office of Air and Radiation, 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460, Phone: 202 564– 

0961, Email: burch.julia@epa.gov. 

RIN: 2060–AU44 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Proposed Rule Stage 

321. • 1-Bromopropane; Rulemaking 

Under TSCA Section 6(A) 

Regulatory Plan: This entry is Seq. 

No. 89 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK73 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Long-Term Actions 

322. Trichloroethylene (TCE); 

Rulemaking Under TSCA Section 6(A); 

Vapor Degreasing 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 15 U.S.C. 2605 Toxic 

Substances Control Act 

Abstract: Section 6(a) of the Toxic 

Substances Control Act (TSCA) provides 

authority for EPA to ban or restrict the 

manufacture (including import), 

processing, distribution in commerce, 

and use of chemical substances, as well 

as any manner or method of disposal. 

Section 26(l)(4) of TSCA authorizes EPA 

to issue rules under TSCA section 6 for 

chemicals listed in the 2014 update to 

the TSCA Work Plan for Chemical 

Assessments for which EPA published 

completed risk assessments prior to 

June 22, 2016, consistent with the scope 

of the completed risk assessment. In the 

June 2014 TSCA Work Plan Chemical 

Risk Assessment for trichloroethylene 

(TCE), EPA characterized risks from the 

use of TCE in commercial degreasing 

and in some consumer uses. EPA has 

preliminarily determined that these 

risks are unreasonable risks. On January 


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16958 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

19, 2017, EPA proposed to prohibit the 

manufacture, processing, distribution in 

commerce, or commercial use of TCE in 

vapor degreasing. A separate action (RIN 

2070–AK03), published on December 

16, 2016, proposed to address the 

unreasonable risks from TCE when used 

as a spotting agent in dry cleaning and 

in commercial and consumer aerosol 

spray degreasers. The uses identified in 

the proposed rules are being considered 

as part of the risk evaluation currently 

being conducted for TCE under TSCA 

section 6(b). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/19/17 82 FR 7432 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Toni Krasnic, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 1200 Pennsylvania Avenue 

NW, Mail Code 7405M, Washington, DC 

20460, Phone: 202 564–0984, Email: 

krasnic.toni@epa.gov. 

Joel Wolf, Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention, 1200 

Pennsylvania Avenue NW, Mail Code 

7405M, Washington, DC 20460, Phone: 

202 564–0432, Email: wolf.joel@epa.gov. 

RIN: 2070–AK11 

323. N-Methylpyrrolidone; Regulation 

of Certain Uses Under TSCA Section 

6(A) 

E.O. 13771 Designation: Regulatory 

Legal Authority: 15 U.S.C. 2605 Toxic 

Substances Control Act 

Abstract: Section 6(a) of the Toxic 

Substances Control Act (TSCA) provides 

authority for EPA to ban or restrict the 

manufacture (including import), 

processing, distribution in commerce, 

and use of chemical substances, as well 

as any manner or method of disposal. 

Section 26(l)(4) of TSCA authorizes EPA 

to issue rules under TSCA section 6 for 

chemicals listed in the 2014 update to 

the TSCA Work Plan for Chemical 

Assessments for which EPA published 

completed risk assessments prior to 

June 22, 2016, consistent with the scope 

of the completed risk assessment and 

other applicable requirements of section 

6. N-methylpyrrolidone (NMP) is used 

in paint and coating removal in 

commercial processes and consumer 

products. In the March 2015 TSCA 

Work Plan Chemical Risk Assessment 

for NMP, EPA characterized risks from 

use of this chemical in paint and coating 

removal. On January 19, 2017, EPA 

preliminarily determined that the use of 

NMP in paint and coating removal poses 

an unreasonable risk of injury to health. 

In the final rule for methylene chloride 

in consumer paint and coating removal 

(RIN 2070–AK07), EPA explained that 

the Agency was not finalizing the 

proposed regulation for NMP as part of 

that action. NMP use in paint and 

coating removal was incorporated into 

the risk evaluation currently being 

conducted under TSCA section 6(b). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/17/17 82 FR 7464 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Eileen Sheehan, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, USEPA Region 9, 75 

Hawthorne Street, San Francisco, CA 

94105, Phone: 415 972–3287, Email: 

sheehan.eileen@epa.gov. 

Joel Wolf, Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention, 1200 

Pennsylvania Avenue NW, Mail Code 

7405M, Washington, DC 20460, Phone: 

202 564–0432, Email: wolf.joel@epa.gov. 

RIN: 2070–AK46 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

72 

Final Rule Stage 

324. National Primary Drinking Water 

Regulations for Lead And Copper: 

Regulatory Revisions 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 42 U.S.C. 300f et seq., 

Safe Drinking Water Act 

Abstract: EPA finalized revisions to 

the Lead and Copper Rule (LCR) to 

include a suite of actions to reduce lead 

exposure in drinking water where it is 

needed the most. The final rule 

identifies the most at-risk communities 

to ensure systems have plans in place to 

rapidly respond by taking actions to 

reduce elevated levels of lead in 

drinking water. The final LCR maintains 

the current Maximum Contaminant 

Level Goal (MCLG) of zero and the 

Action Level of 15 ppb. The rule 

requires a more comprehensive 

response at the action level and 

introduces a trigger level of 10 ppb that 

requires more proactive planning in 

communities with lead service lines. 

The revisions also include requirements 

for water systems to prepare an 

inventory of known lead service lines 

and to make the inventory publicly 

available. The final LCR takes a 

proactive and holistic approach to 

improving the current rule—from 

testing to treatment to telling the public 

about the levels and risks of lead in 

drinking water. This approach focuses 

on the following six key areas: (1) 

Identifying areas most impacted; (2) 

strengthening treatment requirements; 

(3) replacing lead service lines; (4) 

increasing sampling; (5) improving risk 

communication; and (6) protecting 

children in schools. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/13/19 84 FR 61684 

Final Rule ............ 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeffrey Kempic, 

Environmental Protection Agency, 

Office of Water, 4607M, Washington, DC 

20460, Phone: 202 564–4880, Email: 

kempic.jeffrey@epa.gov. 

Lisa Christ, Environmental Protection 

Agency, Office of Water, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460, Phone: 202 564–8354, Email: 

christ.lisa@epa.gov. 

RIN: 2040–AF15 

[FR Doc. 2021–04336 Filed 3–30–21; 8:45 am] 

BILLING CODE 6560–50–P 


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