9634 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. 1 

[FRL 11539–01–OA; EPA–HQ–OAR–2011– 

0135] 

Fall 2023 Unified Agenda of Regulatory 

and Deregulatory Actions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the Semiannual 

Agenda of Regulatory and Deregulatory 

Actions online at https://

www.reginfo.gov to periodically update 

the public. This document contains 

information about: 

• Regulations in the Semiannual 

Agenda that are under development, 

completed, or canceled since the last 

agenda; and 

• Reviews of regulations with small 

business impacts under Section 610 of 

the Regulatory Flexibility Act. 

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 Section 610 

of the Regulatory Flexibility Act 

A. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

B. What other special attention does EPA 

give to the impacts of rules on small 

businesses, small governments, and 

small nonprofit organizations? 

IV. Thank You for Collaborating With Us 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

EPA is committed to a regulatory 

strategy that effectively achieves the 

Agency’s mission of protecting human 

health and the environment. EPA 

publishes the Semiannual Agenda of 

Regulatory and Deregulatory Actions to 

update the public about regulatory 

activity undertaken in support of this 

mission. In the Semiannual Agenda, 

EPA provides notice of our plans to 

review, propose, and issue regulations. 

EPA is committed to environmental 

protection that benefits all communities 

and encourages public participation and 

meaningful engagement in our 

regulatory activities and processes. 

Additionally, EPA’s Semiannual 

Agenda includes information about 

rules that may have a significant 

economic impact on a substantial 

number of small entities, and review of 

those regulations under the Regulatory 

Flexibility Act as amended. 

In this document, EPA explains in 

greater detail the types of actions and 

information available in the Semiannual 

Agenda and actions that are currently 

undergoing review specifically for 

impacts on small entities. 

A. EPA’s Regulatory Information 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that, until 2007, was 

published in the Federal Register. 

Currently, this information is only 

available through an online database at 

https://www.reginfo.gov/. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about the subset of 

regulations that may have a significant 

impact on a substantial number of small 

entities. We continue to publish this 

document in the Federal Register 

pursuant to the Regulatory Flexibility 

Act of 1980. This document is available 

at https://www.govinfo.gov/app/ 

collection/fr. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center 

facilitated by the U.S. General Services 

Administration. 

‘‘Regulatory Agenda Preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

EPA’s Regulatory Flexibility Agenda 

and the e-Agenda. 

‘‘Section 610 Review’’ as required by 

the Regulatory Flexibility Act means a 

periodic review within ten years of 

promulgating a final rule that has or 

may have a significant economic impact 

on a substantial number of small 

entities. EPA maintains a list of these 

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

section-610-reviews. EPA has one 

section 610 review ongoing with this 

semiannual agenda in fall 2023 for the 

2014 rulemaking, ‘‘Control of Air 

Pollution from Motor Vehicles: Tier 3 

Motor Vehicle Emission and Fuel 

Standards.’’ 

B. What key statutes and Executive 

Orders guide EPA’s rule and 

policymaking process? 

Several environmental laws authorize 

EPA’s actions, including but not limited 

to: 

• American Innovation and 

Manufacturing Act (AIM) 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA, or Superfund), 

• Emergency Planning and 

Community Right-to-Know Act 

(EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and 

Recovery Act (RCRA), 

• Safe Drinking Water Act (SDWA), 

and 

• Toxic Substances Control Act 

(TSCA). 

EPA must comply not only with 

environmental and other statutes, but 

also with applicable administrative legal 

requirements that apply to the issuance 

of regulations, such as the 

Administrative Procedure Act (APA), 

the Regulatory Flexibility Act (RFA) as 

amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), the Unfunded Mandates 

Reform Act (UMRA), the Paperwork 

Reduction Act (PRA), the National 

Technology Transfer and Advancement 

Act (NTTAA), and the Congressional 

Review Act (CRA). 

EPA also meets a number of 

requirements contained in numerous 

Executive Orders: 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

Oct. 4, 1993), as supplemented by 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ (76 

FR 3821, Jan. 21, 2011) 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 


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Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

C. How can you be involved in EPA’s 

rule and policymaking process? 

You can make your voice heard by 

getting in touch with the contact person 

provided in each agenda entry. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published in the Federal Register 

(FR). 

Instructions on how to submit your 

comments through https://

www.regulations.gov are provided in 

each Notice of Proposed Rulemaking 

(NPRM). To be most effective, 

comments should contain information 

and data that support your position, and 

you also should explain why EPA 

should incorporate your suggestion in 

the rule or other type of action. You can 

be particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternative(s) 

to what has been proposed by EPA. 

EPA believes its actions will be more 

cost effective and protective if the 

development process includes 

stakeholders working with us to help 

identify the most practical and effective 

solutions to environmental problems. 

EPA encourages you to become involved 

in its rule- and policymaking processes. 

For more information about EPA’s 

efforts to increase transparency, 

participation, and collaboration in EPA 

activities, please visit https://

www.epa.gov/laws-regulations/getinvolved-epa-regulations. 

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 TSCA: Licensing actions and 

new chemical actions. 

• Under RCRA: Authorization of State 

solid waste management plans and 

hazardous waste delisting petitions. 

• Under the CWA: State Water 

Quality Standards, deletions from the 

section 307(a) list of toxic pollutants, 

suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES), and delegations of NPDES 

authority to States. 

• Under SDWA: Actions on State 

underground injection control 

programs. 

Meanwhile, the Regulatory Flexibility 

Agenda includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

• Rules the Agency has identified for 

periodic review under section 610 of the 

RFA. 

EPA has one action with an ongoing 

review under section 610 of the RFA in 

this Agenda for the 2014 rulemaking 

‘‘Control of Air Pollution from Motor 

Vehicles: Tier 3 Motor Vehicle Emission 

and Fuel Standards.’’ 

B. How is the e-Agenda organized? 

You can choose how to sort the 

agenda entries on-line by specifying the 

characteristics of the entries of interest 

in the desired individual data fields of 

the e-Agenda at https://

www.reginfo.gov. You can sort based on 

the following characteristics: EPA 

subagency (such as Office of Water), 

stage of rulemaking as described in the 

following paragraphs, alphabetically by 

title, or the Regulation Identifier 

Number (RIN), which is assigned 

sequentially when an action is added to 

the agenda. 

Each entry in the Agenda is associated 

with one of five rulemaking stages. The 

rulemaking stages are: 

1. Pre-rule Stage—EPA’s pre-rule 

actions are generally intended to 

determine whether the agency should 

initiate rulemaking. Pre-rulemakings 

may include anything that influences or 

leads to rulemaking; this would include 

Advance Notices of Proposed 

Rulemaking (ANPRMs) or analyses of 

the possible need for regulatory action. 

2. Proposed Rule Stage—Proposed 

rulemaking actions include EPA’s 

Notice of Proposed Rulemakings 

(NPRMs); these proposals are scheduled 

to publish in the Federal Register 

within the next year. 

3. Final Rule Stage—Final rulemaking 

actions are those actions that EPA is 

scheduled to finalize and publish in the 

Federal Register within the next year. 

4. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action (such as 

publication of a NPRM or final rule) is 

twelve or more months into the future. 

We encourage you to explore becoming 

involved even if an action is listed in 

the Long-Term category. 

5. Completed Actions—EPA’s 

completed actions are those that have 

been promulgated and published in the 

Federal Register since publication of 

the spring 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, 


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or loan programs, or the rights and 

obligations of recipients; or 

3. Raise legal or policy issues for 

which centralized review would 

meaningfully further the President’s 

priorities, or the principles in Executive 

Order 12866. 

c. Substantive, Nonsignificant: A 

rulemaking that has substantive impacts 

but is not Significant, Routine and 

Frequent, or Informational/ 

Administrative/Other. 

d. Routine and Frequent: A 

rulemaking that is a specific case of a 

recurring application of a regulatory 

program in the Code of Federal 

Regulations. If an action that would 

normally be classified Routine and 

Frequent is reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866, then we would 

classify the action as either ‘‘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 an NPRM likely to result 

in a mandate that may result in 

expenditures by State, local, and tribal 

governments, in the aggregate, or by the 

private sector of more than $100 million 

in 1 year, the agency prepare a written 

statement on federal mandates 

addressing costs, benefits, and 

intergovernmental consultation. 

Legal Authority: The sections of the 

United States Code (U.S.C.), Public Law 

(Pub. L.), Executive Order (E.O.), or 

common name of the law that 

authorizes the regulatory action. 

CFR Citation: The section(s) of the 

Code of Federal Regulations that would 

be affected by the action. 

Legal Deadline: An indication of 

whether the rule is subject to a statutory 

and/or a judicial deadline, the date of 

that deadline, and whether the deadline 

pertains to a NPRM, a Final Action, or 

some other action. 

Abstract: A brief description of the 

problem the action will address. 

Timetable: The dates and citations (if 

available) for all past steps and a 

projected date for at least the next step 

for the regulatory action. A date 

displayed in the form 09/00/2024 means 

the agency is predicting the month and 

year the action will take place but not 

the day it will occur. For some entries, 

the timetable indicates that the date of 

the next action is ‘‘to be determined.’’ 

Regulatory Flexibility Analysis 

Required: Indicates whether EPA has 

prepared or anticipates preparing a 

regulatory flexibility analysis under 

section 603 or 604 of the RFA. 

Generally, such an analysis is required 

for proposed or final rules subject to the 

RFA that EPA believes may have a 

significant economic impact on a 

substantial number of small entities. 

Small Entities Affected: Indicates 

whether the rule is anticipated to have 

any effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether the rule may have any effect on 

levels of government and, if so, whether 

the affected governments are federal, 

tribal, state, or local. 

Federalism Implications: Indicates 

whether the action is expected to have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under Executive Order 13211. 

Sectors Affected: Indicates the main 

economic sectors regulated by the 

action. The regulated parties are 

identified by their North American 

Industry Classification System (NAICS) 

codes. These codes were created by the 

Census Bureau for collecting, analyzing, 

and publishing statistical data on the 

U.S. economy. There are more than 

1,000 NAICS codes for sectors in 

agriculture, mining, manufacturing, 

services, and public administration. 

International Trade Impacts: Indicates 

whether the action is likely to have 

international trade or investment effects, 

or otherwise be of international interest. 

Agency Contact: The name, address, 

phone number, and email address of a 

person who is knowledgeable about the 

regulation. 

Additional Information: Other 

information about the action including 

docket information. 

URLs: For some actions, the internet 

addresses are included for reading 

copies of rulemaking documents, 

submitting comments on proposals, and 

getting more information about the 

rulemaking and the program of which it 

is a part. 

RIN: The Regulation Identifier 

Number is used by OMB and the public 

to identify and track rulemakings. The 

first four digits of the RIN correspond to 

the EPA office with lead responsibility 

for developing the action. 

D. What tools are available for Mining 

Regulatory Agenda Data and for finding 

more about EPA rules and policies? 

1. Federal Regulatory Dashboard 

The https://www.reginfo.gov 

searchable database maintained by the 

Regulatory Information Service Center 

and OMB’s Office of Information and 

Regulatory Affairs (OIRA), allows users 

to view the Regulatory Agenda database 

(https://www.reginfo.gov/public/do/ 

eAgendaMain), with options for 

searching, displaying, and transmitting 

data. 

2. Subject Matter EPA Websites 

Some actions listed in the Agenda 

include a URL for an EPA-maintained 

website that provides additional 

information about the action. 

3. Public Dockets 

When EPA publishes either an 

Advance Notice of Proposed 

Rulemaking (ANPRM) or a Notice of 

Proposed Rulemaking (NPRM) in the 

Federal Register, the Agency typically 

establishes a docket to accumulate 

materials developed throughout the 

development process for that 

rulemaking. The docket serves as the 

repository for the collection of 

documents or information related to that 

Agency’s action or activity, and is 

accessible both electronically or at 

EPA’s Docket Center Reading Room 

(https://www.epa.gov/dockets). EPA 

uses dockets primarily for rulemaking 

actions, but dockets may also be used 

for section 610 reviews and for various 

non-rulemaking activities, such as 

Federal Register documents seeking 

public comments on draft guidance, 

policy statements, information 

collection requests under the PRA, and 

other non-rule activities. Docket 

information should be in that action’s 

agenda entry. All of EPA’s public 

dockets can be located at https://

www.regulations.gov. EPA particularly 

welcomes feedback on rulemakings 

from communities likely to be affected 

by these actions. 

III. Review of Regulations Under 

Section 610 of the Regulatory 

Flexibility Act 

A. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

Section 610 of the RFA requires that 

an agency review each rule that has or 

will have a significant economic impact 

on a substantial number of small entities 


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within 10 years of promulgation. Currently, EPA has one ongoing section 

610 review. 

Review title RIN Docket ID # Status 

Section 610 Review of the Tier 3 Motor Vehicle Emission and Fuel Standards ... 2060–AV90 EPA–HQ–OAR–2011–0135 ...... Ongoing. 

B. What other special attention does 

EPA give to the impacts of rules on 

small businesses, small governments, 

and small nonprofit organizations? 

For each of EPA’s rulemakings, 

consideration is given to whether there 

will be any adverse impact on any small 

entity. EPA attempts to fit the regulatory 

requirements, to the extent feasible, to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

Under the RFA as amended by 

SBREFA, the Agency must prepare a 

formal analysis of the potential negative 

impacts on small entities, convene a 

Small Business Advocacy Review Panel 

(proposed rule stage), and prepare a 

Small Entity Compliance Guide (final 

rule stage) unless the Agency certifies a 

rule will not have a significant 

economic impact on a substantial 

number of small entities. For more 

detailed and current information about 

the Agency’s policy and practice with 

respect to implementing the RFA/ 

SBREFA, including ongoing Small 

Business Advocacy Review Panels, 

please visit EPA’s RFA/SBREFA website 

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

IV. Thank You for Collaborating With 

Us 

We would like to thank those of you 

who choose to join with us in making 

progress on the complex issues involved 

in protecting human health and the 

environment through engaging in our 

rulemaking process. Collaborative 

efforts such as EPA’s open rulemaking 

processes are valuable tools for 

implementing our legal requirements in 

order to address environmental and 

public health challenges. Our regulatory 

agenda and your engagement play an 

important role in that process. 

Victoria Arroyo, 

Associate Administrator, Office of Policy. 

10—CLEAN AIR ACT—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Fumigation Operations (Reg Plan Seq No. 203).

2060–AU37 

433 .................... New Source Performance Standards and Emission Guidelines for Crude Oil and Natural Gas Facilities: 

Climate Review (Reg Plan Seq No. 204).

2060–AV16 

434 .................... Revisions to the Air Emission Reporting Requirements (AERR) (Reg Plan Seq No. 205) ........................... 2060–AV41 

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

10—CLEAN AIR ACT—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

435 .................... Section 610 Review of the Tier 3 Motor Vehicle Emission and Fuel Standards (Section 610 Review) ....... 2060–AV90 

35—TSCA—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

436 .................... 1-Bromopropane (1–BP); Regulation Under the Toxic Substances Control Act (TSCA) (Reg Plan Seq No. 

195).

2070–AK73 

437 .................... Trichloroethylene; Regulation Under the Toxic Substances Control Act (TSCA) (Reg Plan Seq No. 196) .. 2070–AK83 

438 .................... N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA) (Reg Plan Seq 

No. 197).

2070–AK85 

439 .................... C.I. Pigment Violet 29; Regulation Under the Toxic Substances Control Act (TSCA) ................................... 2070–AK87 

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

35—TSCA—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

440 .................... Methylene Chloride (MC); Regulation Under the Toxic Substances Control Act (TSCA) (Reg Plan Seq 

No. 211).

2070–AK70 

441 .................... Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA) (Reg Plan Seq 

No. 213).

2070–AK84 

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


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35—TSCA—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

442 .................... Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and 

Polyfluoroalkyl Substances.

2070–AK67 

72—SDWA—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

443 .................... PFAS National Primary Drinking Water Regulation Rulemaking (Reg Plan Seq No. 222) ........................... 2040–AG18 

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

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10—Clean Air Act 

Final Rule Stage 

432. National Emission Standards for 

Hazardous Air Pollutants: Ethylene 

Oxide Commercial Sterilization and 

Fumigation Operations [2060–AU37] 

Regulatory Plan: This entry is Seq. 

No. 203 in part II of this issue of the 

Federal Register. 

RIN: 2060–AU37 

433. New Source Performance 

Standards and Emission Guidelines for 

Crude Oil and Natural Gas Facilities: 

Climate Review [2060–AV16] 

Regulatory Plan: This entry is Seq. 

No. 204 in part II of this issue of the 

Federal Register. 

RIN: 2060–AV16 

434. Revisions to the Air Emission 

Reporting Requirements (AERR) [2060– 

AV41] 

Regulatory Plan: This entry is Seq. 

No. 205 in part II of this issue of the 

Federal Register. 

RIN: 2060–AV41 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10—Clean Air Act 

Long-Term Actions 

435. Section 610 Review of the Tier 3 

Motor Vehicle Emission and Fuel 

Standards (Section 610 Review) [2060– 

AV90] 

Legal Authority: 5 U.S.C. 610 

Abstract: The rulemaking ‘‘Control of 

Air Pollution From Motor Vehicles: Tier 

3 Motor Vehicle Emission and Fuel 

Standards’’ was finalized by EPA in 

April 2014 (79 FR 23414). The final rule 

established the Tier 3 Motor Vehicle 

Emission and Fuel Standards program. 

The Tier 3 program was part of a 

comprehensive approach to reducing 

the impacts of motor vehicles on air 

quality and public health. The program 

considered the vehicle and its fuel as an 

integrated system, setting new vehicle 

emissions standards and a new gasoline 

sulfur standard beginning in 2017. The 

vehicle emissions standards were 

expected to reduce both tailpipe and 

evaporative emissions from passenger 

cars, light-duty trucks, medium-duty 

passenger vehicles, and some heavyduty vehicles. The gasoline sulfur 

standard was expected to enable more 

stringent vehicle emissions standards 

and will make emissions control 

systems more effective. 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) 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: (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 docket at the conclusion of this 

review. The review’s Docket ID number 

is EPA–HQ–OAR–2011–0135. 

Timetable: 

Action Date FR Cite 

Final Action ......... 04/28/14 79 FR 23414 

Begin Review ...... 07/27/23 88 FR 48598 

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

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Jessica Mroz, 

Environmental Protection Agency, 

Office of Air and Radiation, 1200 

Pennsylvania Avenue NW, Washington, 

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

mroz.jessica@epa.gov. 

RIN: 2060–AV90 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35—TSCA 

Proposed Rule Stage 

436. 1-Bromopropane (1-BP); 

Regulation Under the Toxic Substances 

Control Act (TSCA) [2070–AK73] 

Regulatory Plan: This entry is Seq. 

No. 195 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK73 

437. Trichloroethylene; Regulation 

Under the Toxic Substances Control Act 

(TSCA) [2070–AK83] 

Regulatory Plan: This entry is Seq. 

No. 196 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK83 

438. N-Methylpyrrolidone (NMP); 

Regulation Under the Toxic Substances 

Control Act (TSCA) [2070–AK85] 

Regulatory Plan: This entry is Seq. 

No. 197 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK85 

439. 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 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9639 

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 .................. 08/00/24 

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: 

mottley.carolyn@epa.gov. 

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: corado.ana@

epa.gov. 

RIN: 2070–AK87 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35—TSCA 

Final Rule Stage 

440. Methylene Chloride (MC); 

Regulation Under the Toxic Substances 

Control Act (TSCA) [2070–AK70] 

Regulatory Plan: This entry is Seq. 

No. 211 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK70 

441. Perchloroethylene (PCE); 

Regulation Under the Toxic Substances 

Control Act (TSCA) [2070–AK84] 

Regulatory Plan: This entry is Seq. 

No. 213 in part II of this issue of the 

Federal Register. 

RIN: 2070–AK84 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35—TSCA 

Completed Actions 

442. Toxic Substances Control Act 

Reporting and Recordkeeping 

Requirements for Perfluoroalkyl and 

Polyfluoroalkyl Substances [2070– 

AK67] 

Legal Authority: 15 U.S.C. 2607(a)(7) 

Toxic Substances Control Act 

Abstract: EPA published a proposed 

rule on June 28, 2021, addressing 

reporting and recordkeeping 

requirements for Per- and 

Polyfluoroalkyl Substances (PFAS) 

under section 8(a)(7) of the Toxic 

Substances Control Act (TSCA). In 

accordance with obligations under 

TSCA section 8(a), as amended by 

section 7351 of the National Defense 

Authorization Act for Fiscal Year 2020, 

persons that manufacture (including 

import) or have manufactured these 

chemical substances in any year since 

January 1, 2011, would be subject to the 

reporting and recordkeeping 

requirements. In addition to fulfilling 

statutory obligations under TSCA, EPA 

expects that the final rule will enable 

EPA to better characterize the sources 

and quantities of manufactured PFAS in 

the United States. EPA solicited 

additional public comments on an 

Initial Regulatory Flexibility Analysis 

(IRFA) following the completion of a 

Small Business Advocacy Review 

(SBAR) Panel addressing the proposed 

PFAS reporting and recordkeeping 

requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/28/21 86 FR 33926 

Notice .................. 11/25/22 87 FR 72439 

Final Rule ............ 10/11/23 88 FR 70516 

Final Rule Effective.11/13/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephanie Griffin, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 1200 Pennsylvania Avenue 

NW, Mail Code 7406M, Washington, DC 

20460, Phone: 202 564–1463, Email: 

griffin.stephanie@epa.gov. 

David Turk, Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention, 1200 

Pennsylvania Avenue NW, Mail Code 

7406M, Washington, DC 20460, Phone: 

202 566–1527, Email: turk.david@

epa.gov. 

RIN: 2070–AK67 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

72—SDWA 

Final Rule Stage 

443. PFAS National Primary Drinking 

Water Regulation Rulemaking [2040– 

AG18] 

Regulatory Plan: This entry is Seq. 

No. 222 in part II of this issue of the 

Federal Register. 

RIN: 2040–AG18 

[FR Doc. 2024–00458 Filed 2–8–24; 8:45 am] 

BILLING CODE 6560–50–P 


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