8194 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

Automatic Class III Designation)’’ have 

been approved under OMB control 

number 0910–0844; the collections of 

information in 21 CFR part 814, 

subparts A through E, regarding 

premarket approval, have been 

approved under OMB control number 

0910–0231; the collections of 

information in part 807, subpart E, 

regarding premarket notification 

submissions, have been approved under 

OMB control number 0910–0120; the 

collections of information in 21 CFR 

part 820, regarding quality system 

regulation, have been approved under 

OMB control number 0910–0073; and 

the collections of information in 21 CFR 

part 801, regarding labeling, have been 

approved under OMB control number 

0910–0485. 

List of Subjects in 21 CFR Part 880 

Medical devices. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 880 is 

amended as follows: 

PART 880—GENERAL HOSPITAL AND 

PERSONAL USE DEVICES 

■ 1. The authority citation for part 880 

continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 360l, 371. 

■ 2. Add § 880.6887 to subpart G to read 

as follows: 

§ 880.6887 Spore test strip. 

(a) Identification. The spore test strip 

consists of a carrier or strip with a 

known number of spores, at least 5 log10

per strip, of known resistance to a 

particular liquid chemical sterilant in a 

liquid chemical sterilant processing 

system. A ‘‘no growth’’ result from the 

spore test strip after the specified 

predetermined incubation period 

indicates that the liquid chemical 

sterilization process achieved the 

conditions necessary to kill the 

specified minimum number of viable 

spores on the test strip which is 5 log10

spores/strip; it does not confirm the 

expected full performance of the liquid 

chemical sterilant processing cycle 

because full performance is a 6 log10

spore kill in a full liquid chemical 

sterilization cycle. 

(b) Classification. Class II (special 

controls). The special controls for this 

device are: 

(1) Spore strip characterization. (i) 

Population of viable spores on strip 

shall be a minimum of 5 log10 after 

physical wash off of spores from the 

strip by exposure to liquid chemical 

sterilant in the liquid chemical sterilant 

processing system, which should be 

validated over the claimed shelf life. 

(ii) The resistance characteristics of 

the viable spores on the strip should be 

defined and be validated over the 

claimed shelf life. 

(iii) The spore strip description 

should address the carrier material, how 

the spores are placed on the carrier, and 

whether there is any feature that 

minimizes spore wash off. Bacteriostasis 

of the spore strip materials should be 

evaluated. 

(iv) Incubation time for viable spores 

on the strip should be validated under 

the specified incubation conditions over 

the claimed shelf life. 

(2) Simulated Use Testing. Simulated 

use testing should demonstrate 

performance of spore test strip in liquid 

chemical sterilant/high level 

disinfectant under worst case in use 

conditions over the claimed shelf life. 

(3) Labeling. Labeling should specify 

appropriate instructions, warnings, 

cautions, limitations, and information 

relating to viable spore population, 

resistance characteristics, and 

interpretation of a ‘‘no growth’’ result. 

Dated: February 7, 2022. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2022–03104 Filed 2–11–22; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 14, 17, 20, 26, 28, 30, 81, 

103, 180, and 570 

[Docket No. FR–6285–F–01] 

HUD Office of Hearings and Appeals 

AGENCY: Office of Hearings and Appeals, 

HUD. 

ACTION: Final rule. 

SUMMARY: This final rule amends HUD’s 

regulations regarding HUD’s Office of 

Hearings and Appeals (OHA). This rule 

makes conforming changes to HUD 

regulations to reflect the office’s proper 

title, to remove references to the 

terminated HUD Board of Contract 

Appeals, and to add a reference to 

recent Supreme Court precedent 

regarding the proper appointment 

procedure for administrative law judges 

and administrative judges. 

DATES: Effective March 16, 2022. 

FOR FURTHER INFORMATION CONTACT: 

J. Jeremiah Mahoney, Chief 

Administrative Law Judge, Office of 

Hearings and Appeals, Department of 

Housing and Urban Development, 451 

7th Street SW, Room B–133, 

Washington, DC 20410, 202–254–0000 

(not a toll-free number). Hearing- or 

speech-impaired individuals may access 

this number via TTY by calling the 

Federal Relay Service at 800–877–8339 

(toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The HUD Office of Hearings and 

Appeals (OHA) is an independent 

judicial office within HUD’s Office of 

the Secretary. The OHA is headed by 

the Chief Administrative Law Judge, 

who supervises the judges and the 

professional and administrative support 

staffs. 

Each Administrative Judge and each 

Administrative Law Judge is appointed 

by the HUD Secretary as an Officer of 

the United States. The Judges also may 

be appointed through contracts with 

other U.S. Department heads and 

Federal Agency heads to conduct 

hearings and issue decisions on matters 

before their respective agencies. 

The OHA Judges function as 

independent and impartial triers of fact 

responsible for presiding over 

adversarial hearings, and adjudicating 

appeals, based upon alleged violations 

of Federal statutes or their 

implementing regulations. 

Hearing procedures are established by 

agency regulations and are guided by 

the rules applicable to trials in a U.S. 

district court. In each case, the judge 

makes an impartial decision based upon 

the law, and the facts established by the 

evidence. 

II. This Final Rule 

This final rule updates HUD’s 

regulations in 24 CFR parts 14, 17, 20, 

26, 28, 30, 81, 103, 180, and 570, to 

reflect that the office’s title is ‘‘Office of 

Hearings and Appeals,’’ as changed by 

the HUD Secretary. These HUD 

regulations contain outdated references 

to the ‘‘Office of Administrative Law 

Judges,’’ ‘‘Office of Appeals,’’ and 

‘‘Board of Contract Appeals.’’ This final 

rule updates HUD regulations 

throughout Title 24 to reflect these 

changes. While this final rule updates 

those sections of Title 24 that use 

outdated language that also implicate 

the hearing procedures at 24 CFR part 

180, there are other sections of Title 24 

that rely on the hearing procedures at 24 

CFR part 180, which do not require the 

conforming amendments made by this 

final rule, including 24 CFR parts 1, 3, 

6, 8, and 146. These sections of Title 24 

implement federal civil rights statutes, 

which continue to rely on 24 CFR part 

180 for administrative enforcement 

procedures. 


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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8195 

1 2 U.S.C. 1532. 

2 2 U.S.C. 1535. 

OHA was formed at the end of 2007 

after the HUD Board of Contract 

Appeals, along with other agencies’ 

boards of contract appeals, was 

consolidated into the Civilian Board of 

Contract Appeals. The Civilian Board of 

Contract Appeals is an independent 

tribunal housed within the U.S. General 

Services Administration, pursuant to 

section 847 of the National Defense 

Authorization Act for Fiscal Year 2006 

(Pub. L. 109–163, approved January 6, 

2006). OHA was established to merge 

the non-procurement contract dispute 

functions previously performed by the 

HUD Board of Contract Appeals with 

the HUD Office of Administrative Law 

Judges. OHA remained as an 

independent office within the Office of 

the Secretary. This final rule will not 

change any existing OHA functions, but 

will avoid internal or external confusion 

as to its name, composition, location, 

and contact information. This final rule 

also removes an obsolete reference to a 

‘‘hearing examiner’’ in 24 CFR 14.50, 

because this is a former title for 

Administrative Law Judges that is no 

longer used in the Federal Government. 

This final rule also adds language to 

HUD’s regulations in 24 CFR 20.1 to 

explain that Administrative Law Judges 

are appointed by the HUD Secretary as 

Officers of the United States, pursuant 

to the Appointments Clause of the 

United States Constitution. The HUD 

Administrative Law Judges have also 

been appointed by other U.S. 

Department heads and Federal Agency 

heads to conduct hearings and issue 

decisions on matters before their 

respective agencies. The requirement of 

U.S. Department and Federal Agency 

heads to appoint Administrative Law 

Judges was recently recognized by the 

Supreme Court in Lucia v. SEC, 585 

U.S. ll (2018). HUD is adding this 

language to its regulations in response 

to this. 

Finally, this final rule clarifies the 

required qualifications for both 

Administrative Judges and 

Administrative Law Judges at 24 CFR 

20.3(d) in accordance with the Office of 

Personnel Management’s requirements 

and regulations at 5 CFR part 930. All 

of HUD’s Administrative Judges and 

Administrative Law Judges are currently 

actively licensed attorneys at law. 

III. Justification for Final Rulemaking 

Generally, HUD publishes a rule for 

public comment before publishing a 

rule for effect, in accordance with 

HUD’s regulations on rulemaking at 24 

CFR part 10. However, § 10.1 allows for 

omission of notice and public comment 

in cases of statements of policy, 

interpretive rules, rules governing 

HUD’s organization or internal 

practices, if the Department determines 

in a particular case or class of cases that 

notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest. In this case, HUD 

has determined that prior public 

comment is unnecessary because this 

rule is exclusively concerned with 

fixing outdated references concerning 

OHA. Specifically, the regulatory 

amendments made by the final rule are 

technical and non-substantive in nature, 

since they are limited to updating the 

terminology used in HUD’s regulations 

governing administrative hearings and 

appeals and adding language in 

accordance with Supreme Court 

precedent. 

IV. Findings and Certifications 

Executive Orders 12866 and 13563, 

Regulatory Planning and Review 

Under Executive Order 12866 

(Regulatory Planning and Review) (58 

FR 51735), a determination must be 

made whether a regulatory action is 

significant and, therefore, subject to 

review by the Office of Management and 

Budget (OMB) in accordance with the 

requirements of the order. 

Executive Order 13563 (Improving 

Regulations and Regulatory Review) (76 

FR 3821) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned.’’ Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. As discussed 

above in this preamble, this final rule 

updates outdated terminology and its 

changes are technical and nonsubstantive in nature. HUD determined 

that this rule was not significant under 

Executive Order 12866 and Executive 

Order 13563. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) (64 FR 43255) prohibits 

an agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rule will not have federalism 

implications and would not impose 

substantial direct compliance costs on 

State and local governments or preempt 

State law within the meaning of the 

Executive order. 

Environmental Review 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern, or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this final rule 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) generally requires an 

agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Because HUD 

determined that good cause exists to 

issue this rule without prior public 

comment, this rule is not subject to the 

requirement to publish an initial or final 

regulatory flexibility analysis under the 

RFA as part of such action. 

Unfunded Mandates Reform 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 1

requires that an agency prepare a 

budgetary impact statement before 

promulgating a rule that includes a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of 

UMRA also requires an agency to 

identify and consider a reasonable 

number of regulatory alternatives before 

promulgating a rule.2 However, the 

UMRA applies only to rules for which 

an agency publishes a general notice of 

proposed rulemaking. As discussed 

above, HUD has determined, for good 

cause, that prior notice and public 

comment is not required on this rule 

and, therefore, the UMRA does not 

apply to this final rule. 


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8196 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

List of Subjects 

24 CFR Part 14 

Claims, Equal access to justice, 

Lawyers, Reporting and recordkeeping 

requirements. 

24 CFR Part 17 

Administrative practice and 

procedure, Claims, Government 

employees, Income taxes, Wages. 

24 CFR Part 20 

Administrative practice and 

procedure, Government contracts, 

Organization and functions 

(Government agencies). 

24 CFR Part 26 

Administrative practice and 

procedure. 

24 CFR Part 28 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

24 CFR Part 30 

Administrative practice and 

procedure, Grant programs—housing 

and community development, Loan 

programs—housing and community 

development, Mortgage insurance, 

Penalties. 

24 CFR Part 81 

Accounting, Federal Reserve System, 

Mortgages, Reporting and recordkeeping 

requirements, Securities. 

24 CFR Part 103 

Administrative practice and 

procedure, Aged, Fair housing, 

Individuals with disabilities, 

Intergovernmental relations, 

Investigations, Mortgages, Penalties, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 180 

Administrative practice and 

procedure, Aged, Civil rights, Fair 

housing, Individuals with disabilities, 

Investigations, Mortgages, Penalties, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 570 

Administrative practice and 

procedure, American Samoa, 

Community development block grants, 

Grant programs—education, Grant 

programs—housing and community 

development, Guam, Indians, Loan 

programs—housing and community 

development, Low and moderate 

income housing, Northern Mariana 

Islands, Pacific Islands Trust Territory, 

Puerto Rico, Reporting and 

recordkeeping requirements, Student 

aid, Virgin Islands. 

Accordingly, for the reasons described 

in the preamble, HUD amends 24 CFR 

parts 14, 17, 20, 26, 28, 30, 81, 103, 180, 

and 570 to read as follows: 

PART 14—IMPLEMENTATION OF THE 

EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS 

■ 1. The authority citation for part 14 

continues to read as follows: 

Authority: 5 U.S.C. 504(c)(1); 42 U.S.C. 

3535(d). 

■ 2. In § 14.50, revise the definition of 

‘‘Adjudicative officer’’ to read as 

follows: 

§ 14.50 Definitions. 

* * * * * 

Adjudicative officer. The 

Administrative Law Judge, 

Administrative Judge of the HUD Office 

of Hearings and Appeals, or other officer 

designated by the Secretary, who 

presided at the adversary adjudication. 

* * * * * 

PART 17—ADMINISTRATIVE CLAIMS 

■ 3. The authority citation for part 17 

continues to read as follows: 

Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 

3716–18, 3721, and 5 U.S.C. 5514; 42 U.S.C. 

3535(d). 

PART 17—[Amended] 

■ 4. In part 17: 

■ a. Remove ‘‘Office of Appeals’’ and 

add in its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears; and 

■ b. Remove ‘‘OA’’ and add in its place 

‘‘OHA’’ wherever it appears. 

■ 5. In § 17.63, remove the definition of 

‘‘Office of Appeals or OA’’ and add a 

definition for ‘‘Office of Hearings and 

Appeals’’ in alphabetical order. 

The addition reads as follows: 

§ 17.63 Definitions. 

* * * * * 

Office of Hearings and Appeals or 

OHA means the HUD Office of Hearings 

and Appeals. 

* * * * * 

PART 20—OFFICE OF HEARINGS AND 

APPEALS 

■ 6. The authority citation for part 20 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d). 

■ 7. Revise § 20.1 to read as follows: 

§ 20.1 Establishment of the Office of 

Hearings and Appeals. 

There is established in the Office of 

the Secretary the Office of Hearings and 

Appeals. The Administrative Law 

Judges and the Administrative Judges 

within the Office of Hearings and 

Appeals are appointed by the Secretary 

of the Department pursuant to the 

Appointments Clause of the United 

States Constitution. 

■ 8. In § 20.3, revise paragraphs (c) and 

(d) to read as follows: 

§ 20.3 Location, organization, and officer 

qualifications. 

* * * * * 

(c) Organization. The Office of 

Hearings and Appeals is supervised by 

the Chief Administrative Law Judge and 

a Deputy Chief Administrative Law 

Judge. 

(d) Officer qualifications. (1) The 

Administrative Judges of the Office of 

Hearings and Appeals shall be attorneys 

at law actively licensed by any state, 

commonwealth, territory, or the District 

of Columbia. 

(2) The Administrative Law Judges of 

the Office of Hearings and Appeals shall 

be qualified in accordance with the 

Office of Personnel Management 

regulations at 5 CFR part 930. 

■ 9. In § 20.5, revise the section heading 

and in the first sentence remove ‘‘Office 

of Appeals’’ and add in its place ‘‘Office 

of Hearings and Appeals’’. 

The revision reads as follows: 

§ 20.5 Jurisdiction of Office of Hearings 

and Appeals. 

* * * * * 

PART 26—HEARING PROCEDURES 

■ 10. The authority citation for part 26 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d). 

§ 26.2 [Amended] 

■ 11. In § 26.2, in paragraph (a), remove 

the words ‘‘Office of Appeals’’. 

§ 26.9 [Amended] 

■ 12. In § 26.9, in paragraph (a)(1), 

remove ‘‘Office of Appeals’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’. 

§ 26.29 [Amended] 

■ 13. In § 26.29, in the definition of 

‘‘Docket Clerk’’, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’. 

PART 28—IMPLEMENTATION OF THE 

PROGRAM FRAUD CIVIL REMEDIES 

ACT OF 1986 

■ 14. The authority citation for part 28 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 

3801–3812; 42 U.S.C. 3535(d). 


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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8197 

§ 28.25 [Amended] 

■ 15. In § 28.25, in paragraph (a), 

remove ‘‘Office of Administrative Law 

Judges’’ and add in its place ‘‘Office of 

Hearings and Appeals’’. 

PART 30—CIVIL MONEY PENALTIES: 

CERTAIN PROHIBITED CONDUCT 

■ 16. The authority citation for part 30 

continues to read as follows: 

Authority: 12 U.S.C. 1701q–1, 1703, 1723i, 

1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28 

U.S.C. 1 note and 2461 note; 42 U.S.C. 

1437z–1 and 3535(d). 

■ 17. In part 30, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 81—THE SECRETARY OF HUD’S 

REGULATION OF THE FEDERAL 

NATIONAL MORTGAGE ASSOCIATION 

(FANNIE MAE) AND THE FEDERAL 

HOME LOAN MORTGAGE 

CORPORATION (FREDDIE MAC) 

■ 18. The authority citation for part 81 

continues to read as follows: 

Authority: 12 U.S.C. 1451 et seq., 1716– 

1723h, and 4501–4641; 28 U.S.C. 2461 note; 

42 U.S.C. 3535(d) and 3601–3619. 

■ 19. In part 81, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 103—FAIR HOUSING— 

COMPLAINT PROCESSING 

■ 20. The authority citation for part 103 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d), 3600–3619. 

PART 103—[Amended] 

■ 21. In part 103, remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 180—CONSOLIDATED HUD 

HEARING PROCEDURES FOR CIVIL 

RIGHTS MATTERS 

■ 22. The authority citation for part 180 

continues to read as follows: 

Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 

42 U.S.C. 2000d–1, 3535(d), 3601–3619, 

5301–5320, and 6103. 

■ 23. In part 180: 

■ a. Remove ‘‘Director of the Office of 

Hearings and Appeals’’ and add in its 

place ‘‘Chief Administrative Law Judge’’ 

wherever it appears; and 

■ b. Remove ‘‘Office of ALJs’’ and add 

in its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

PART 570—COMMUNITY 

DEVELOPMENT BLOCK GRANTS 

■ 24. The authority citation for part 570 

continues to read as follows: 

Authority: 12 U.S.C. 1701x, 1701 x–1; 42 

U.S.C. 3535(d) and 5301–5320. 

§ 570.496 [Amended] 

■ 25. In § 570.496, in paragraph 

(d)(1)(iii), remove ‘‘Office of 

Administrative Law Judges’’ and add in 

its place ‘‘Office of Hearings and 

Appeals’’ wherever it appears. 

Dated: February 8th, 2022. 

Marcia L. Fudge, 

Secretary. 

[FR Doc. 2022–03007 Filed 2–11–22; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 62, and 63 

[EPA–HQ–OAR–2002–0047; FRL–6838.1– 

03–OAR] 

RIN 2060–AV01 

National Emission Standards for 

Hazardous Air Pollutants: Municipal 

Solid Waste Landfills Residual Risk 

and Technology Review; Correction 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Final rule. 

SUMMARY: In this action, the U.S. 

Environmental Protection Agency (EPA) 

is finalizing technical revisions and 

clarifications for the national emission 

standards for hazardous air pollutants 

(NESHAP) for MSW Landfills 

established in the March 26, 2020, final 

rule. This final rule also amends the 

MSW Landfills NSPS at 40 CFR part 60, 

subpart XXX, to clarify and align the 

timing of compliance for certain 

requirements involving installation of a 

gas collection and control system 

(GCCS) under related MSW landfill 

rules. Additionally, the EPA is revising 

the definition of Administrator in the 

MSW Landfills Federal Plan that was 

promulgated on May 21, 2021 to clarify 

who has the authority to implement and 

enforce the applicable requirements. 

The EPA is also making some minor 

typographical corrections. 

DATES: The final rule is effective 

February 14, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2002–0047. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

https://www.regulations.gov/ or in hard 

copy at the EPA Docket Center, WJC 

West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC. The EPA has temporarily 

suspended its Docket Center and 

Reading Room for public visitors to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control (CDC), 

local area health departments, and our 

Federal partners so that the EPA can 

respond rapidly as conditions change 

regarding COVID–19. For further 

information on EPA Docket Center 

services and the current status, please 

visit the docket online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Andy Sheppard, Sector Policies and 

Programs Division (E143–03), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

4161; fax number: (919) 541–0516; and 

email address: sheppard.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Preamble acronyms and 

abbreviations. The EPA uses multiple 

acronyms and terms in this preamble. 

While this list may not be exhaustive, to 

ease the reading of this preamble and for 

reference purposes, the EPA defines the 

following terms and acronyms here: 

CAA Clean Air Act 

CBI Confidential Business Information 

CFR Code of Federal Regulations 

COVID–19 coronavirus disease of 2019 

EPA Environmental Protection Agency 

GCCS gas collection and control system 

HAP hazardous air pollutants 

m3 cubic meter 

Mg megagram 

MSW municipal solid waste 

NMOC nonmethane organic compounds 

NSPS new source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

RTR risk and technology review 

SSM startup, shutdown, and malfunction 


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