81_FR_95056 81 FR 94809 - Fall 2016 Regulatory Agenda

81 FR 94809 - Fall 2016 Regulatory Agenda

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94809-94816
FR Document2016-29915

The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda online (the e-Agenda) at http:// www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about: <bullet> Regulations in the semiannual regulatory agenda that are under development, completed, or canceled since the last agenda; <bullet> Retrospective reviews of existing regulations; and <bullet> Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Unknown Section]
[Pages 94809-94816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29915]



[[Page 94809]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XVII





Environmental Protection Agency





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





Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda

[[Page 94810]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[Docket Number EPA-HQ-OA-2016-0203; FRL-9952-35-OP]


Fall 2016 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

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

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public. This 
document contains information about:
     Regulations in the semiannual regulatory agenda that are 
under development, completed, or canceled since the last agenda;
     Retrospective reviews of existing regulations; 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 regulatory agenda, please contact: Caryn Muellerleile 
([email protected]; 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 Regulatory Agenda
    A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?
    B. How is the E-Agenda organized?
    C. What information is in the Regulatory Flexibility Agenda and 
the E-Agenda?
    D. How can you find out about rulemakings that start up after 
the Regulatory Agenda is signed?
    E. 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 Regulatory Agenda to update the public about regulatory 
activity undertaken in support of this mission. Within the Semiannual 
Regulatory Agenda, EPA provides notice of our plans to review, propose, 
and issue regulations.
    EPA's Semiannual Regulatory Agenda also 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.
    Within this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Regulatory Agenda, 
the opportunity to suggest regulations that may be appropriate for 
retrospective review, 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 but 
now 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 it in the Federal Register pursuant to the Regulatory 
Flexibility Act of 1980. This document is available at http://www.thefederalregister.org/fdsys/search/home.action.
    ``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 the Regulatory Flexibility Agenda and the e-Agenda.
    ``Regulatory Development and Retrospective Review Tracker'' refers 
to an online portal to EPA's priority rules and retrospective reviews 
of existing regulations. This portal is available at www.epa.gov/regdarrt/.
    ``Retrospective Review Plan'' is EPA's plan under Executive Orders 
13563 and 13610 to periodically review existing regulations to 
determine whether any may be modified, streamlined, expanded, or 
repealed in order to make the agency's regulatory program more 
effective or less burdensome in achieving the regulatory objectives. 
This Plan and subsequent progress updates are available at https://www.epa.gov/laws-regulations/retrospective-review-history.
    ``610 Review'' is an action EPA is committed to reviewing 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.

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: 12866, ``Regulatory Planning and Review'' (58 FR 
51735, Oct. 4, 1993), as supplemented by Executive Order 13563, 
``Improving Regulation and Regulatory Review'' (76

[[Page 94811]]

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).
    In addition to meeting its mission goals and priorities, EPA 
reviews its existing regulations under Executive Order 13563, 
``Improving Regulation and Regulatory Review'' and Executive Order 
13610, ``Identifying and Reducing Regulatory Burdens.'' These Executive 
orders provide for periodic retrospective review of existing 
regulations and are intended to determine whether any such regulations 
should be modified, streamlined, expanded, or repealed, so as to make 
the Agency's regulatory program more effective or less burdensome in 
achieving its regulatory objectives.

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 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 alternatives.
    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 problems. 
EPA encourages you to become involved in its rule and policymaking 
process. For more information about public involvement in EPA 
activities, please visit www.epa.gov/open.

II. Semiannual Regulatory Agenda

A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations in the e-Agenda. However, there is no 
legal significance to the omission of an item from the agenda, and EPA 
generally does not include the following categories of actions:
     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 one ongoing 610 review and is completing one 610 review at 
this time.

B. How is the e-Agenda organized?

    You can choose how to organize the agenda entries online 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 e-Agenda. You can sort based on the 
following characteristics: EPA subagency; stage of rulemaking, which is 
explained below; alphabetically by title; and by 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--This section includes EPA actions generally 
intended to determine whether the agency should initiate rulemaking. 
Prerulemakings may include anything that influences or leads to 
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs), 
studies or analyses of the possible need for regulatory action.
    2. Proposed Rule Stage--This section includes EPA rulemaking 
actions that are within a year of proposal (publication of Notices of 
Proposed Rulemakings [NPRMs]).
    3. Final Rule Stage--This section includes rules that will be 
issued as a final rule within a year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after November 2017. We urge 
you to explore becoming involved even if an action is listed in the 
Long-Term category.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2016 Agenda. It also includes actions that EPA is no longer 
considering and has elected to ``withdraw.'' EPA also announces the 
results of any RFA section 610 review in this section of the agenda.

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) has more extensive 
information on each of these actions.
    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: Entries are placed into one of five categories described 
below.
    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

[[Page 94812]]

economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Tolerance Exemptions). If an action 
that would normally be classified Routine and Frequent is reviewed by 
the Office of Management and Budget under EO 12866, then we would 
classify the action as either ``Economically Significant'' or ``Other 
Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of Executive 
Order 12866.
    Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if 
it has resulted or is likely to result in an annual effect on the 
economy of $100 million or more or meets other criteria specified in 
that 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.
    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 10/00/16 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 that it will be 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 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. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

D. How can you find out about rulemakings that start up after the 
Regulatory Agenda is signed?

    EPA posts monthly information of new rulemakings that the Agency's 
senior managers have decided to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get 
an email notification when a new list is posted.

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

1. The http://www.reginfo.gov/ Searchable Database
    The Regulatory Information Service Center and Office of Information 
and Regulatory Affairs have a Federal regulatory dashboard that allows 
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data 
transmission options.
2. Subject Matter EPA Web sites
    Some actions listed in the Agenda include a URL 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

[[Page 94813]]

Proposed Rulemaking (NPRM) in the Federal Register, the Agency 
typically establishes a docket to accumulate materials throughout the 
development process for that rulemaking. The docket serves as the 
repository for the collection of documents or information related to a 
particular Agency action or activity. EPA most commonly uses dockets 
for rulemaking actions, but dockets may also be used for RFA section 
610 reviews of rules with significant economic impacts on a substantial 
number of small entities 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 www.regulations.gov.
4. EPA's Regulatory Development and Retrospective Review Tracker
    EPA's Regulatory Development and Retrospective Review Tracker 
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules, 
providing you with earlier and more frequently updated information 
about Agency regulations than is provided by the Regulatory Agenda. It 
also provides information about retrospective reviews of existing 
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg 
DaRRT; only priority rulemakings can be found on this Web site.

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 one ongoing 610 review and is completing one 610 review.

----------------------------------------------------------------------------------------------------------------
           Review title                   RIN                    Docket ID No.                      Status
----------------------------------------------------------------------------------------------------------------
610 Review of Control of Hazardous       2060-AS88  EPA-HQ-OAR-2016-0175                     Complete.
 Air Pollutants From Mobile
 Sources.
Section 610 Review of Lead-Based         2070-AK17  EPA-HQ-OPPT-2016-0126                    Ongoing.
 Paint Activities; Training and
 Certification for Renovation and
 Remodeling Section 402(c)(3).
----------------------------------------------------------------------------------------------------------------

    EPA established official public dockets for these 610 Reviews. EPA 
is no longer accepting comment on the reviews themselves, but comments 
received earlier in 2016 can be accessed at https://www.regulations.gov/ with docket identification number EPA-HQ-OAR-2016-
0175 or EPA-HQ-OPPT-2016-0126.

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 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 
RFA/SBREFA, please visit EPA's RFA/SBREFA Web site at 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: September 13, 2016.
 Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
386.......................  Section 610 Review of              2060-AS88
                             Control of Hazardous Air
                             Pollutants From Mobile
                             Sources (Completion of a
                             Section 610 Review).
------------------------------------------------------------------------


                          10--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
387.......................  Modernization of the               2050-AG82
                             Accidental Release
                             Prevention Regulations
                             Under Clean Air Act (Reg
                             Plan Seq No. 138).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 94814]]


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
388.......................  Greenhouse Gas Emissions           2060-AS16
                             and Fuel Efficiency
                             Standards for Medium- and
                             Heavy-Duty Engines and
                             Vehicles--Phase 2.
389.......................  Oil and Natural Gas                2060-AS30
                             Sector: Emission
                             Standards for New,
                             Reconstructed, and
                             Modified Sources.
------------------------------------------------------------------------


                            35--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  Section 610 Review of Lead-        2070-AK17
                             Based Paint Activities;
                             Training and
                             Certification for
                             Renovation and Remodeling
                             Section 402(c)(3)
                             (Section 610 Review).
------------------------------------------------------------------------


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
391.......................  N-Methylpyrrolidone (NMP)          2070-AK07
                             and Methylene Chloride;
                             Rulemaking Under TSCA
                             Section 6(a) (Reg Plan
                             Seq No. 125).
392.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing (Reg Plan Seq
                             No. 126).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
393.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


                         60--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
394.......................  Financial Responsibility           2050-AG61
                             Requirements Under CERCLA
                             Section 108(b) for
                             Classes of Facilities in
                             the Hardrock Mining
                             Industry (Reg Plan Seq
                             No. 130).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

386. Section 610 Review of Control of Hazardous Air Pollutants From 
Mobile Sources (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking ``Control of Hazardous Air Pollutants From 
Mobile Sources'' was finalized by the EPA in February 2007 (72 FR 8428, 
February 26, 2007). This program established stringent new controls on 
gasoline, passenger vehicles, and gas cans to further reduce emissions 
of benzene and other mobile source air toxics. The EPA developed a 
Small Entity Compliance Guide, which provides descriptions of the 
regulations and small entity provisions, Q&As, and other helpful 
compliance information. This new entry in the regulatory agenda 
announces that EPA has reviewed this action pursuant to section 610 of 
the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the 
provisions that could affect small entities should be continued without 
change, or should be rescinded or amended to minimize adverse economic 
impacts on small entities. As part of this review, EPA solicited 
comments on the following factors: (1) The continued need for the rule; 
(2) the nature of complaints or comments received from the public 
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 EPA received one comment about the 
program unrelated to the impact of the rulemaking on small entities. 
The current mobile source air toxics standards program provided 
substantial flexibility for regulated entities, especially small 
entities, and does not warrant revision at this time. See EPA's report 
summarizing the results of this review in the docket EPA-HQ-OAR-2016-
0175. This docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/26/07  72 FR 8427
Begin Review........................   06/09/16  81 FR 37373
End Review..........................   11/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tom Eagles, Environmental Protection Agency, Office 
of Air and Radiation, 6103A, 1200 Pennsylvania Avenue NW.,

[[Page 94815]]

Washington, DC 20460, Phone: 202 564-1952, Fax: 202 564-1554, Email: 
[email protected].
    RIN: 2060-AS88

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Final Rule Stage

387. Modernization of the Accidental Release Prevention Regulations 
Under Clean Air Act

    Regulatory Plan: This entry is Seq. No. 138 in part II of this 
issue of the Federal Register.
    RIN: 2050-AG82

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

388. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines and Vehicles--Phase 2

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: The EPA and the Department of Transportation, in close 
coordination with the California Air Resources Board, developed a 
comprehensive National Program for Medium- and Heavy-Duty Vehicle 
Greenhouse Gas Emission and Fuel Efficiency Standards for model years 
beyond 2018. These standards will further reduce greenhouse gas 
emissions and fuel consumption from a wide range of on-road vehicles 
from semi-trucks to the largest pickup trucks and vans, and all types 
and sizes of work trucks and buses. This action is in continued 
response to the President's directive to take coordinated steps to 
produce a new generation of clean vehicles and follows the first ever 
Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for 
Medium- and Heavy-Duty Engines and Vehicles.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/13/15  80 FR 40137
NPRM Comment Period Extended........   07/28/15  80 FR 44863
Notice..............................   03/02/16  81 FR 10822
Final Rule..........................   10/25/16  81 FR 73478
Final Rule Effective................   12/27/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Matt Spears, Environmental Protection Agency, 
Office of Air and Radiation, Mail Code: ASD1, Ann Arbor, MI 48105, 
Phone: 734 214-4921, Fax: 734 214-4816, Email: [email protected].
    Charles Moulis, Environmental Protection Agency, Office of Air and 
Radiation, NVFEL, Ann Arbor, MI 48105, Phone: 734 214-4826.
    RIN: 2060-AS16

389. Oil and Natural Gas Sector: Emission Standards for New, 
Reconstructed, and Modified Sources

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: Consistent with the White House Methane Strategy and the 
January 14, 2015, announcement of the EPA's approach to achieving GHG 
(in the form of methane) and volatile organic compounds (VOC) 
reductions from the oil and natural gas sector, this action finalized 
amendments to the new source performance standards (NSPS) at 40 CFR 
part 60, subpart OOOO and established new standards at 40 CFR part 60, 
subpart OOOOa. Amendments to subpart OOOO will improve implementation 
of the current NSPS. The new standards for the oil and natural gas 
source category at subpart OOOOa set standards for both greenhouse 
gases (GHGs) and volatile organic compounds (VOC). Except for the 
implementation improvements, and the new standards for GHGs, these 
requirements do not change the requirements for operations covered by 
the current standards at subpart OOOO. The proposed rule published 
September 18, 2015 and the final published June 3, 2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/18/15  80 FR 56593
NPRM Comment Period End.............   11/17/15  .......................
Final Rule..........................   06/03/16  81 FR 35823
Final Rule Effective................   08/02/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy Hambrick, Environmental Protection Agency, 
Office of Air and Radiation, Environmental Protection Agency, Office of 
Air and Radiation, E143-05, Research Triangle Park, NC 27711, Phone: 
919 541-0964, Fax: 919 541-3470, Email: [email protected].
    RIN: 2060-AS30

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Prerule Stage

390. Section 610 Review of Lead-Based Paint Activities; Training and 
Certification for Renovation and Remodeling Section 402(C)(3) (Section 
610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: EPA is continuing a review of the 2008 Lead; Renovation, 
Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section 
610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was 
amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a 
provision for contractors to opt-out of prescribed work practices and 
to affirm the qualitative clearance of renovated or repaired spaces, 
respectively. Although the section 610 review only needs to address the 
2008 RRP Rule, EPA will exercise its discretion to consider relevant 
comments to the 2010 and 2011 amendments. The RRP rule is intended to 
reduce exposure to lead hazard created by renovation, repair, and 
painting activities that disturb lead-based paint. The current rule 
establishes requirements for training renovators and dust sampling 
technicians; certifying renovators, dust sampling technicians, and 
renovation firms; accrediting providers of renovation and dust sampling 
technician training; and for renovation work practices. As part of this 
review, EPA is considering public 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 
length of time since the rule has been evaluated or the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. This review will also serve as an 
additional opportunity to provide comment on lead test kits, field 
testing alternatives and other broader RRP rule concerns as referenced 
in 80 FR 79335 and 80 FR 27621.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/22/08  73 FR 21691
Begin Review........................   06/09/16  81 FR 37373
Comment Period Extended.............   08/08/16  81 FR 52393
Comment Period Extended End.........   09/07/16  .......................

[[Page 94816]]

 
End Review..........................   01/00/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jonathan Shafer, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 564-0789, 
Email: [email protected].
    Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Phone: 202 566-0744, Email: 
[email protected].
    RIN: 2070-AK17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Proposed Rule Stage

391. N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under 
TSCA Section 6(A)

    Regulatory Plan: This entry is Seq. No. 125 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK07

392. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(A); Vapor 
Degreasing

    Regulatory Plan: This entry is Seq. No. 126 in part II of this 
issue of the Federal Register.
    RIN: 2070-AK11

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

393. Formaldehyde Emission Standards for Composite Wood Products

    Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
    Abstract: The EPA is developing a final rule under the Formaldehyde 
Standards for Composite Wood Products Act that was enacted in 2010 as 
title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697. In 
2013, EPA issued a proposed rule to establish a framework for a TSCA 
title VI Third-Party Certification Program whereby third-party 
certifiers (TPCs) are accredited by accreditation bodies (ABs) so that 
they may certify composite wood product panel producers under TSCA 
title VI. That proposed rule identified the roles and responsibilities 
of the groups involved in the TPC process (EPA, ABs, and TPCs), as well 
as the criteria for participation in the program. EPA also proposed 
general requirements for TPCs, such as conducting and verifying 
formaldehyde emission tests, inspecting and auditing panel producers, 
and ensuring that panel producers' quality assurance and quality 
control procedures comply with the regulations set forth in the 
proposed rule. A separate proposed rule issued in 2013 under RIN 2070-
AJ92 covered the implementation of the statutory formaldehyde emission 
standards for hardwood plywood, medium-density fiberboard, and 
particleboard sold, supplied, offered for sale, or manufactured 
(including imported) in the United States. Pursuant to TSCA section 
3(7), the definition of ``manufacture'' includes import. As required by 
title VI, these regulations apply to hardwood plywood, medium-density 
fiberboard, and particleboard. TSCA title VI also directs EPA to 
promulgate supplementary provisions to ensure compliance with the 
emissions standards, including provisions related to labeling; chain of 
custody requirements; sell-through provisions; ultra low-emitting 
formaldehyde resins; no-added formaldehyde-based resins; finished 
goods; third-party testing and certification; auditing and reporting of 
third-party certifiers; recordkeeping; enforcement; laminated products; 
and exceptions from the requirements of regulations promulgated 
pursuant to this subsection for products and components containing de 
minimis amounts of composite wood products. As noted in the previously 
published Regulatory Agenda entry for each rulemaking, EPA has decided 
to issue a single final rule that addresses both of these proposals. As 
such, EPA also combined the entries for the Regulatory Agenda.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/03/08  73 FR 73620
Second ANPRM........................   01/30/09  74 FR 5632
NPRM................................   06/10/13  78 FR 34795
NPRM Comment Period Extended........   07/23/13  78 FR 44090
NPRM Comment Period Extended........   08/21/13  78 FR 51696
Final Rule..........................   11/00/16  .......................
                                     -----------------------------------
Final Rule Effective................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Courtnage, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 566-1081, 
Email: [email protected].
    Erik Winchester, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 
Phone: 202 564-6450, Email: [email protected].
    RIN: 2070-AJ44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Proposed Rule Stage

394. Financial Responsibility Requirements Under CERCLA Section 108(b) 
for Classes of Facilities in the Hardrock Mining Industry

    Regulatory Plan: This entry is Seq. No. 130 in part II of this 
issue of the Federal Register.
    RIN: 2050-AG61

[FR Doc. 2016-29915 Filed 12-22-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                                                           Vol. 81                           Friday,
                                                                                                           No. 247                           December 23, 2016




                                                                                                           Part XVII


                                                                                                           Environmental Protection Agency
                                                                                                           Semiannual Regulatory Agenda
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                 VerDate Sep<11>2014   21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\23DEP17.SGM   23DEP17


                                                      94810                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      ENVIRONMENTAL PROTECTION                                SUPPLEMENTARY INFORMATION:                            an online portal to EPA’s priority rules
                                                      AGENCY                                                                                                        and retrospective reviews of existing
                                                                                                              I. Introduction
                                                                                                                                                                    regulations. This portal is available at
                                                      40 CFR Ch. I                                               EPA is committed to a regulatory                   www.epa.gov/regdarrt/.
                                                                                                              strategy that effectively achieves the                   ‘‘Retrospective Review Plan’’ is EPA’s
                                                      [Docket Number EPA–HQ–OA–2016–0203;
                                                      FRL–9952–35–OP]
                                                                                                              Agency’s mission of protecting the                    plan under Executive Orders 13563 and
                                                                                                              environment and the health, welfare,                  13610 to periodically review existing
                                                      Fall 2016 Regulatory Agenda                             and safety of Americans while also                    regulations to determine whether any
                                                                                                              supporting economic growth, job                       may be modified, streamlined,
                                                      AGENCY:   Environmental Protection                      creation, competitiveness, and                        expanded, or repealed in order to make
                                                      Agency.                                                 innovation. EPA publishes the                         the agency’s regulatory program more
                                                      ACTION: Semiannual regulatory                           Semiannual Regulatory Agenda to                       effective or less burdensome in
                                                      flexibility agenda and semiannual                       update the public about regulatory                    achieving the regulatory objectives. This
                                                      regulatory agenda.                                      activity undertaken in support of this                Plan and subsequent progress updates
                                                                                                              mission. Within the Semiannual                        are available at https://www.epa.gov/
                                                      SUMMARY:   The Environmental Protection
                                                                                                              Regulatory Agenda, EPA provides notice                laws-regulations/retrospective-review-
                                                      Agency (EPA) publishes the semiannual
                                                                                                              of our plans to review, propose, and                  history.
                                                      regulatory agenda online (the e-Agenda)
                                                                                                              issue regulations.                                       ‘‘610 Review’’ is an action EPA is
                                                      at http://www.reginfo.gov and at                           EPA’s Semiannual Regulatory Agenda
                                                      www.regulations.gov to update the                                                                             committed to reviewing within ten years
                                                                                                              also includes information about rules                 of promulgating a final rule that has or
                                                      public. This document contains                          that may have a significant economic
                                                      information about:                                                                                            may have a significant economic impact
                                                                                                              impact on a substantial number of small               on a substantial number of small
                                                         • Regulations in the semiannual
                                                                                                              entities, and review of those regulations             entities. EPA maintains a list of these
                                                      regulatory agenda that are under
                                                                                                              under the Regulatory Flexibility Act, as              actions at https://www.epa.gov/reg-flex/
                                                      development, completed, or canceled
                                                                                                              amended.                                              section-610-reviews.
                                                      since the last agenda;                                     Within this document, EPA explains
                                                         • Retrospective reviews of existing                                                                        B. What key statutes and Executive
                                                                                                              in greater detail the types of actions and
                                                      regulations; and                                                                                              Orders guide EPA’s rule and
                                                         • Reviews of regulations with small                  information available in the Semiannual
                                                                                                              Regulatory Agenda, the opportunity to                 policymaking process?
                                                      business impacts under Section 610 of
                                                      the Regulatory Flexibility Act.                         suggest regulations that may be                         A number of environmental laws
                                                                                                              appropriate for retrospective review,                 authorize EPA’s actions, including but
                                                      FOR FURTHER INFORMATION CONTACT: If
                                                                                                              and actions that are currently                        not limited to:
                                                      you have questions or comments about
                                                                                                              undergoing review specifically for                      • Clean Air Act (CAA),
                                                      a particular action, please get in touch                                                                        • Clean Water Act (CWA),
                                                                                                              impacts on small entities.
                                                      with the agency contact listed in each                                                                          • Comprehensive Environmental
                                                      agenda entry. If you have general                       A. EPA’s Regulatory Information                       Response, Compensation, and Liability
                                                      questions about the semiannual                             ‘‘E-Agenda,’’ ‘‘online regulatory                  Act (CERCLA, or Superfund),
                                                      regulatory agenda, please contact: Caryn                agenda,’’ and ‘‘semiannual regulatory                   • Emergency Planning and
                                                      Muellerleile (muellerleile.caryn@                       agenda’’ all refer to the same                        Community Right-to-Know Act
                                                      epa.gov; 202–564–2855).                                 comprehensive collection of                           (EPCRA),
                                                      Table of Contents                                       information that, until 2007, was                       • Federal Insecticide, Fungicide, and
                                                                                                              published in the Federal Register but                 Rodenticide Act (FIFRA),
                                                      I. Introduction                                         now is only available through an online                 • Resource Conservation and
                                                         A. EPA’s Regulatory Information                                                                            Recovery Act (RCRA),
                                                         B. What key statutes and Executive Orders
                                                                                                              database, at both www.reginfo.gov/ and
                                                                                                              www.regulations.gov.                                    • Safe Drinking Water Act (SDWA),
                                                            guide EPA’s rule and policymaking
                                                            process?                                             ‘‘Regulatory Flexibility Agenda’’                  and
                                                         C. How can you be involved in EPA’s rule             refers to a document that contains                      • Toxic Substances Control Act
                                                            and policymaking process?                         information about regulations that may                (TSCA).
                                                      II. Semiannual Regulatory Agenda                        have a significant impact on a                          Not only must EPA comply with
                                                         A. What actions are included in the e-               substantial number of small entities. We              environmental laws, but also
                                                            Agenda and the Regulatory Flexibility             continue to publish it in the Federal                 administrative legal requirements that
                                                            Agenda?                                           Register pursuant to the Regulatory                   apply to the issuance of regulations,
                                                         B. How is the E-Agenda organized?                                                                          such as: The Administrative Procedure
                                                                                                              Flexibility Act of 1980. This document
                                                         C. What information is in the Regulatory                                                                   Act (APA), the Regulatory Flexibility
                                                            Flexibility Agenda and the E-Agenda?              is available at http://www.gpo.gov/
                                                                                                              fdsys/search/home.action.                             Act (RFA) as amended by the Small
                                                         D. How can you find out about
                                                            rulemakings that start up after the                  ‘‘Unified Regulatory Agenda’’ refers to            Business Regulatory Enforcement
                                                            Regulatory Agenda is signed?                      the collection of all agencies’ agendas               Fairness Act (SBREFA), the Unfunded
                                                         E. What tools are available for mining               with an introduction prepared by the                  Mandates Reform Act (UMRA), the
                                                            Regulatory Agenda data and for finding            Regulatory Information Service Center                 Paperwork Reduction Act (PRA), the
                                                            more about EPA rules and policies?                facilitated by the General Service                    National Technology Transfer and
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                      III. Review of Regulations Under 610 of the             Administration.                                       Advancement Act (NTTAA), and the
                                                            Regulatory Flexibility Act                           ‘‘Regulatory Agenda Preamble’’ refers              Congressional Review Act (CRA).
                                                         A. Reviews of Rules With Significant                 to the document you are reading now.                    EPA also meets a number of
                                                            Impacts on a Substantial Number of                                                                      requirements contained in numerous
                                                            Small Entities
                                                                                                              It appears as part of the Regulatory
                                                         B. What other special attention does EPA             Flexibility Agenda and introduces both                Executive Orders: 12866, ‘‘Regulatory
                                                            give to the impacts of rules on small             the Regulatory Flexibility Agenda and                 Planning and Review’’ (58 FR 51735,
                                                            businesses, small governments, and                the e-Agenda.                                         Oct. 4, 1993), as supplemented by
                                                            small nonprofit organizations?                       ‘‘Regulatory Development and                       Executive Order 13563, ‘‘Improving
                                                      IV. Thank You for Collaborating With Us                 Retrospective Review Tracker’’ refers to              Regulation and Regulatory Review’’ (76


                                                 VerDate Sep<11>2014   21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4702   E:\FR\FM\23DEP17.SGM   23DEP17


                                                                            Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                           94811

                                                      FR 3821, Jan. 21, 2011); 12898,                         II. Semiannual Regulatory Agenda                      sequentially when an action is added to
                                                      ‘‘Environmental Justice’’ (59 FR 7629,                                                                        the agenda.
                                                                                                              A. What actions are included in the e-                   Each entry in the Agenda is associated
                                                      Feb. 16, 1994); 13045, ‘‘Children’s                     Agenda and the Regulatory Flexibility
                                                      Health Protection’’ (62 FR 19885, Apr.                                                                        with one of five rulemaking stages. The
                                                                                                              Agenda?                                               rulemaking stages are:
                                                      23, 1997); 13132, ‘‘Federalism’’ (64 FR
                                                      43255, Aug. 10, 1999); 13175,                              EPA includes regulations in the e-                    1. Prerule Stage—This section
                                                      ‘‘Consultation and Coordination with                    Agenda. However, there is no legal                    includes EPA actions generally intended
                                                      Indian Tribal Governments’’ (65 FR                      significance to the omission of an item               to determine whether the agency should
                                                      67249, Nov. 9, 2000); 13211, ‘‘Actions                  from the agenda, and EPA generally                    initiate rulemaking. Prerulemakings
                                                                                                              does not include the following                        may include anything that influences or
                                                      Concerning Regulations That
                                                                                                              categories of actions:                                leads to rulemaking, such as Advance
                                                      Significantly Affect Energy Supply,                        • Administrative actions such as                   Notices of Proposed Rulemaking
                                                      Distribution, or Use’’ (66 FR 28355, May                delegations of authority, changes of                  (ANPRMs), studies or analyses of the
                                                      22, 2001).                                              address, or phone numbers;                            possible need for regulatory action.
                                                         In addition to meeting its mission                      • Under the CAA: Revisions to state                   2. Proposed Rule Stage—This section
                                                      goals and priorities, EPA reviews its                   implementation plans; equivalent                      includes EPA rulemaking actions that
                                                      existing regulations under Executive                    methods for ambient air quality                       are within a year of proposal
                                                      Order 13563, ‘‘Improving Regulation                     monitoring; deletions from the new                    (publication of Notices of Proposed
                                                      and Regulatory Review’’ and Executive                   source performance standards source                   Rulemakings [NPRMs]).
                                                      Order 13610, ‘‘Identifying and Reducing                 categories list; delegations of authority                3. Final Rule Stage—This section
                                                      Regulatory Burdens.’’ These Executive                   to states; area designations for air                  includes rules that will be issued as a
                                                      orders provide for periodic retrospective               quality planning purposes;                            final rule within a year.
                                                      review of existing regulations and are                     • Under FIFRA: Registration-related                   4. Long-Term Actions—This section
                                                                                                              decisions, actions affecting the status of            includes rulemakings for which the next
                                                      intended to determine whether any such
                                                                                                              currently registered pesticides, and data             scheduled regulatory action is after
                                                      regulations should be modified,
                                                                                                              call-ins;                                             November 2017. We urge you to explore
                                                      streamlined, expanded, or repealed, so                     • Under the Federal Food, Drug, and                becoming involved even if an action is
                                                      as to make the Agency’s regulatory                      Cosmetic Act: Actions regarding                       listed in the Long-Term category.
                                                      program more effective or less                          pesticide tolerances and food additive                   5. Completed Actions—This section
                                                      burdensome in achieving its regulatory                  regulations;                                          contains actions that have been
                                                      objectives.                                                • Under RCRA: Authorization of State               promulgated and published in the
                                                      C. How can you be involved in EPA’s                     solid waste management plans;                         Federal Register since publication of
                                                      rule and policymaking process?                          hazardous waste delisting petitions;                  the spring 2016 Agenda. It also includes
                                                                                                                 • Under the CWA: State Water                       actions that EPA is no longer
                                                        You can make your voice heard by                      Quality Standards; deletions from the                 considering and has elected to
                                                      getting in touch with the contact person                section 307(a) list of toxic pollutants;              ‘‘withdraw.’’ EPA also announces the
                                                      provided in each agenda entry. EPA                      suspensions of toxic testing                          results of any RFA section 610 review
                                                      encourages you to participate as early in               requirements under the National                       in this section of the agenda.
                                                      the process as possible. You may also                   Pollutant Discharge Elimination System
                                                                                                                                                                    C. What information is in the Regulatory
                                                      participate by commenting on proposed                   (NPDES); delegations of NPDES
                                                                                                                                                                    Flexibility Agenda and the e-Agenda?
                                                      rules published in the Federal Register                 authority to States;
                                                                                                                 • Under SDWA: Actions on State                        The Regulatory Flexibility Agenda
                                                      (FR).                                                                                                         entries include only the nine categories
                                                                                                              underground injection control
                                                        Instructions on how to submit your                    programs.                                             of information that are required by the
                                                      comments are provided in each Notice                       Meanwhile, the Regulatory Flexibility              Regulatory Flexibility Act of 1980 and
                                                      of Proposed Rulemaking (NPRM). To be                    Agenda includes:                                      by Federal Register Agenda printing
                                                      most effective, comments should                            • Actions likely to have a significant             requirements: Sequence Number, RIN,
                                                      contain information and data that                       economic impact on a substantial                      Title, Description, Statutory Authority,
                                                      support your position and you also                      number of small entities.                             Section 610 Review, if applicable,
                                                      should explain why EPA should                              • Rules the Agency has identified for              Regulatory Flexibility Analysis
                                                      incorporate your suggestion in the rule                 periodic review under section 610 of the              Required, Schedule and Contact Person.
                                                      or other type of action. You can be                     RFA.                                                  Note that the electronic version of the
                                                      particularly helpful and persuasive if                     EPA has one ongoing 610 review and                 Agenda (E-Agenda) has more extensive
                                                      you provide examples to illustrate your                 is completing one 610 review at this                  information on each of these actions.
                                                      concerns and offer specific alternatives.               time.                                                    E-Agenda entries include:
                                                                                                                                                                       Title: A brief description of the
                                                        EPA believes its actions will be more                 B. How is the e-Agenda organized?
                                                                                                                                                                    subject of the regulation. The notation
                                                      cost effective and protective if the                       You can choose how to organize the                 ‘‘Section 610 Review’’ follows the title
                                                      development process includes                            agenda entries online by specifying the               if we are reviewing the rule as part of
                                                      stakeholders working with us to help                    characteristics of the entries of interest            our periodic review of existing rules
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                      identify the most practical and effective               in the desired individual data fields for             under section 610 of the RFA (5 U.S.C.
                                                      solutions to problems. EPA encourages                   both the www.reginfo.gov and                          610).
                                                      you to become involved in its rule and                  www.regulations.gov versions of the e-                   Priority: Entries are placed into one of
                                                      policymaking process. For more                          Agenda. You can sort based on the                     five categories described below.
                                                      information about public involvement                    following characteristics: EPA                           a. Economically Significant: Under
                                                      in EPA activities, please visit                         subagency; stage of rulemaking, which                 Executive Order 12866, a rulemaking
                                                      www.epa.gov/open.                                       is explained below; alphabetically by                 that may have an annual effect on the
                                                                                                              title; and by the Regulation Identifier               economy of $100 million or more, or
                                                                                                              Number (RIN), which is assigned                       adversely affect in a material way the


                                                 VerDate Sep<11>2014   21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00003   Fmt 4701   Sfmt 4702   E:\FR\FM\23DEP17.SGM   23DEP17


                                                      94812                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      economy, a sector of the economy,                         CFR Citation: The sections of the                   international trade or investment effects,
                                                      productivity, competition, jobs, the                    Code of Federal Regulations that would                or otherwise be of international interest.
                                                      environment, public health or safety, or                be affected by the action.                               Agency Contact: The name, address,
                                                      State, local, or tribal governments or                    Legal Deadline: An indication of                    phone number, and email address, if
                                                      communities.                                            whether the rule is subject to a statutory            available, of a person who is
                                                         b. Other Significant: A rulemaking                   or judicial deadline, the date of that                knowledgeable about the regulation.
                                                      that is not economically significant but                deadline, and whether the deadline                       Additional Information: Other
                                                      is considered significant for other                     pertains to a Notice of Proposed                      information about the action including
                                                      reasons. This category includes rules                   Rulemaking, a Final Action, or some                   docket information.
                                                      that may:                                               other action.                                            URLs: For some actions, the Internet
                                                         1. Create a serious inconsistency or                   Abstract: A brief description of the                addresses are included for reading
                                                      otherwise interfere with an action taken                problem the action will address.                      copies of rulemaking documents,
                                                      or planned by another agency;                             Timetable: The dates and citations (if              submitting comments on proposals, and
                                                         2. Materially alter the budgetary                    available) for all past steps and a                   getting more information about the
                                                      impact of entitlements, grants, user fees,              projected date for at least the next step             rulemaking and the program of which it
                                                      or loan programs, or the rights and                     for the regulatory action. A date                     is a part. (Note: To submit comments on
                                                      obligations of recipients; or                           displayed in the form 10/00/16 means                  proposals, you can go to the associated
                                                                                                              the agency is predicting the month and                electronic docket, which is housed at
                                                         3. Raise novel legal or policy issues
                                                                                                                                                                    www.regulations.gov. Once there, follow
                                                      arising out of legal mandates, the                      year the action will take place but not
                                                                                                                                                                    the online instructions to access the
                                                      President’s priorities, or the principles               the day it will occur. For some entries,
                                                                                                                                                                    docket in question and submit
                                                      in Executive Order 12866.                               the timetable indicates that the date of
                                                                                                                                                                    comments. A docket identification [ID]
                                                         c. Substantive, Nonsignificant: A                    the next action is ‘‘to be determined.’’
                                                                                                                                                                    number will assist in the search for
                                                      rulemaking that has substantive impacts                   Regulatory Flexibility Analysis
                                                                                                                                                                    materials.)
                                                      but is not Significant, Routine and                     Required: Indicates whether EPA has                      RIN: The Regulation Identifier
                                                      Frequent, or Informational/                             prepared or anticipates that it will be               Number is used by OMB to identify and
                                                      Administrative/Other.                                   preparing a regulatory flexibility                    track rulemakings. The first four digits
                                                         d. Routine and Frequent: A                           analysis under section 603 or 604 of the              of the RIN identify the EPA office with
                                                      rulemaking that is a specific case of a                 RFA. Generally, such an analysis is                   lead responsibility for developing the
                                                      recurring application of a regulatory                   required for proposed or final rules                  action.
                                                      program in the Code of Federal                          subject to the RFA that EPA believes
                                                      Regulations (e.g., certain State                        may have a significant economic impact                D. How can you find out about
                                                      Implementation Plans, National Priority                 on a substantial number of small                      rulemakings that start up after the
                                                      List updates, Significant New Use Rules,                entities.                                             Regulatory Agenda is signed?
                                                      State Hazardous Waste Management                          Small Entities Affected: Indicates                    EPA posts monthly information of
                                                      Program actions, and Tolerance                          whether the rule is anticipated to have               new rulemakings that the Agency’s
                                                      Exemptions). If an action that would                    any effect on small businesses, small                 senior managers have decided to
                                                      normally be classified Routine and                      governments or small nonprofit                        develop. This list is also distributed via
                                                      Frequent is reviewed by the Office of                   organizations.                                        email. You can find the current list,
                                                      Management and Budget under EO                            Government Levels Affected: Indicates               known as the Action Initiation List
                                                      12866, then we would classify the                       whether the rule may have any effect on               (AIL), at http://www.epa.gov/laws-
                                                      action as either ‘‘Economically                         levels of government and, if so, whether              regulations/actions-initiated-month
                                                      Significant’’ or ‘‘Other Significant.’’                 the governments are State, local, tribal,             where you will also find information
                                                         e. Informational/Administrative/                     or Federal.                                           about how to get an email notification
                                                      Other: An action that is primarily                        Federalism Implications: Indicates                  when a new list is posted.
                                                      informational or pertains to an action                  whether the action is expected to have
                                                      outside the scope of Executive Order                    substantial direct effects on the States,             E. What tools are available for mining
                                                      12866.                                                  on the relationship between the                       Regulatory Agenda data and for finding
                                                         Major: A rule is ‘‘major’’ under 5                   National Government and the States, or                more about EPA rules and policies?
                                                      U.S.C. 801 (Pub. L. 104–121) if it has                  on the distribution of power and                      1. The http://www.reginfo.gov/
                                                      resulted or is likely to result in an                   responsibilities among the various                    Searchable Database
                                                      annual effect on the economy of $100                    levels of government.
                                                                                                                                                                       The Regulatory Information Service
                                                      million or more or meets other criteria                   Energy Impacts: Indicates whether the               Center and Office of Information and
                                                      specified in that Act.                                  action is a significant energy action                 Regulatory Affairs have a Federal
                                                         Unfunded Mandates: Whether the                       under Executive Order 13211.                          regulatory dashboard that allows users
                                                      rule is covered by section 202 of the                     Sectors Affected: Indicates the main                to view the Regulatory Agenda database
                                                      Unfunded Mandates Reform Act of 1995                    economic sectors regulated by the                     (http://www.reginfo.gov/public/do/
                                                      (Pub. L. 104–4). The Act requires that,                 action. The regulated parties are                     eAgendaMain), which includes search,
                                                      before issuing an NPRM likely to result                 identified by their North American                    display, and data transmission options.
                                                      in a mandate that may result in                         Industry Classification System (NAICS)
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                      expenditures by State, local, and tribal                codes. These codes were created by the                2. Subject Matter EPA Web sites
                                                      governments, in the aggregate, or by the                Census Bureau for collecting, analyzing,                 Some actions listed in the Agenda
                                                      private sector of more than $100 million                and publishing statistical data on the                include a URL that provides additional
                                                      in 1 year.                                              U.S. economy. There are more than                     information about the action.
                                                         Legal Authority: The sections of the                 1,000 NAICS codes for sectors in
                                                      United States Code (U.S.C.), Public Law                 agriculture, mining, manufacturing,                   3. Public Dockets
                                                      (Pub. L.), Executive Order (E.O.), or                   services, and public administration.                     When EPA publishes either an
                                                      common name of the law that                               International Trade Impacts: Indicates              Advance Notice of Proposed
                                                      authorizes the regulatory action.                       whether the action is likely to have                  Rulemaking (ANPRM) or a Notice of


                                                 VerDate Sep<11>2014   21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00004   Fmt 4701   Sfmt 4702   E:\FR\FM\23DEP17.SGM   23DEP17


                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                            94813

                                                      Proposed Rulemaking (NPRM) in the                           information collection requests under                 of existing regulations. Not all of EPA’s
                                                      Federal Register, the Agency typically                      the PRA, and other non-rule activities.               Regulatory Agenda entries appear on
                                                      establishes a docket to accumulate                          Docket information should be in that                  Reg DaRRT; only priority rulemakings
                                                      materials throughout the development                        action’s agenda entry. All of EPA’s                   can be found on this Web site.
                                                      process for that rulemaking. The docket                     public dockets can be located at
                                                                                                                                                                        III. Review of Regulations Under 610 of
                                                      serves as the repository for the                            www.regulations.gov.                                  the Regulatory Flexibility Act
                                                      collection of documents or information                      4. EPA’s Regulatory Development and
                                                      related to a particular Agency action or                                                                          A. Reviews of Rules With Significant
                                                                                                                  Retrospective Review Tracker                          Impacts on a Substantial Number of
                                                      activity. EPA most commonly uses
                                                      dockets for rulemaking actions, but                           EPA’s Regulatory Development and                    Small Entities
                                                      dockets may also be used for RFA                            Retrospective Review Tracker                             Section 610 of the RFA requires that
                                                      section 610 reviews of rules with                           (www.epa.gov/regdarrt/) serves as a                   an agency review, within 10 years of
                                                      significant economic impacts on a                           portal to EPA’s priority rules, providing             promulgation, each rule that has or will
                                                      substantial number of small entities and                    you with earlier and more frequently                  have a significant economic impact on
                                                      for various non-rulemaking activities,                      updated information about Agency                      a substantial number of small entities.
                                                      such as Federal Register documents                          regulations than is provided by the                   At this time, EPA has one ongoing 610
                                                      seeking public comments on draft                            Regulatory Agenda. It also provides                   review and is completing one 610
                                                      guidance, policy statements,                                information about retrospective reviews               review.

                                                                                                   Review title                                                   RIN                Docket ID No.          Status

                                                      610 Review of Control of Hazardous Air Pollutants From Mobile Sources .................                   2060–AS88    EPA–HQ–OAR–2016–0175         Complete.
                                                      Section 610 Review of Lead-Based Paint Activities; Training and Certification for                         2070–AK17    EPA–HQ–OPPT–2016–            Ongoing.
                                                        Renovation and Remodeling Section 402(c)(3).                                                                          0126



                                                         EPA established official public                          the scale of the businesses,                          IV. Thank You for Collaborating With
                                                      dockets for these 610 Reviews. EPA is                       organizations, and governmental                       Us
                                                      no longer accepting comment on the                          jurisdictions subject to the regulation.
                                                      reviews themselves, but comments                              Under RFA as amended by SBREFA,                        Finally, we would like to thank those
                                                      received earlier in 2016 can be accessed                    the Agency must prepare a formal                      of you who choose to join with us in
                                                      at https://www.regulations.gov/ with                        analysis of the potential negative                    making progress on the complex issues
                                                      docket identification number EPA–HQ–                        impacts on small entities, convene a                  involved in protecting human health
                                                      OAR–2016–0175 or EPA–HQ–OPPT–                               Small Business Advocacy Review Panel                  and the environment. Collaborative
                                                      2016–0126.                                                  (proposed rule stage), and prepare a                  efforts such as EPA’s open rulemaking
                                                                                                                  Small Entity Compliance Guide (final                  process are a valuable tool for
                                                      B. What other special attention does                        rule stage) unless the Agency certifies a
                                                      EPA give to the impacts of rules on                                                                               addressing the problems we face, and
                                                                                                                  rule will not have a significant                      the regulatory agenda is an important
                                                      small businesses, small governments,                        economic impact on a substantial
                                                      and small nonprofit organizations?                                                                                part of that process.
                                                                                                                  number of small entities. For more
                                                        For each of EPA’s rulemakings,                            detailed information about the Agency’s                 Dated: September 13, 2016.
                                                      consideration is given to whether there                     policy and practice with respect to                   Shannon Kenny,
                                                      will be any adverse impact on any small                     implementing RFA/SBREFA, please                       Principal Deputy Associate Administrator,
                                                      entity. EPA attempts to fit the regulatory                  visit EPA’s RFA/SBREFA Web site at                    Office of Policy.
                                                      requirements, to the extent feasible, to                    www.epa.gov/reg-flex.

                                                                                                                             10—PRERULE STAGE
                                                                                                                                                                                                       Regulation
                                                        Sequence No.                                                                      Title                                                       Identifier No.

                                                      386 ....................   Section 610 Review of Control of Hazardous Air Pollutants From Mobile Sources (Completion of a Sec-                     2060–AS88
                                                                                   tion 610 Review).


                                                                                                                            10—FINAL RULE STAGE
                                                                                                                                                                                                       Regulation
                                                        Sequence No.                                                                      Title                                                       Identifier No.

                                                      387 ....................   Modernization of the Accidental Release Prevention Regulations Under Clean Air Act (Reg Plan Seq No.                    2050–AG82
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                                                  138).
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.




                                                 VerDate Sep<11>2014       21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4701   Sfmt 4702   E:\FR\FM\23DEP17.SGM   23DEP17


                                                      94814                      Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                                                                                            10—COMPLETED ACTIONS
                                                                                                                                                                                                                  Regulation
                                                        Sequence No.                                                                        Title                                                                Identifier No.

                                                      388 ....................   Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Ve-                                  2060–AS16
                                                                                   hicles—Phase 2.
                                                      389 ....................   Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources ...............                        2060–AS30


                                                                                                                               35—PRERULE STAGE
                                                                                                                                                                                                                  Regulation
                                                        Sequence No.                                                                        Title                                                                Identifier No.

                                                      390 ....................   Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remod-                            2070–AK17
                                                                                   eling Section 402(c)(3) (Section 610 Review).


                                                                                                                          35—PROPOSED RULE STAGE
                                                                                                                                                                                                                  Regulation
                                                        Sequence No.                                                                        Title                                                                Identifier No.

                                                      391 ....................   N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under TSCA Section 6(a) (Reg Plan                                     2070–AK07
                                                                                   Seq No. 125).
                                                      392 ....................   Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing (Reg Plan Seq No.                                    2070–AK11
                                                                                   126).
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

                                                                                                                             35—FINAL RULE STAGE
                                                                                                                                                                                                                  Regulation
                                                        Sequence No.                                                                        Title                                                                Identifier No.

                                                      393 ....................   Formaldehyde Emission Standards for Composite Wood Products ...............................................................         2070–AJ44


                                                                                                                          60—PROPOSED RULE STAGE
                                                                                                                                                                                                                  Regulation
                                                        Sequence No.                                                                        Title                                                                Identifier No.

                                                      394 ....................   Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the                                 2050–AG61
                                                                                   Hardrock Mining Industry (Reg Plan Seq No. 130).
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.


                                                      ENVIRONMENTAL PROTECTION                                     compliance information. This new entry                   unrelated to the impact of the
                                                      AGENCY (EPA)                                                 in the regulatory agenda announces that                  rulemaking on small entities. The
                                                                                                                   EPA has reviewed this action pursuant                    current mobile source air toxics
                                                      10
                                                                                                                   to section 610 of the Regulatory                         standards program provided substantial
                                                      Prerule Stage                                                Flexibility Act (5 U.S.C. 610) to                        flexibility for regulated entities,
                                                                                                                   determine if the provisions that could                   especially small entities, and does not
                                                      386. Section 610 Review of Control of
                                                                                                                   affect small entities should be continued                warrant revision at this time. See EPA’s
                                                      Hazardous Air Pollutants From Mobile
                                                                                                                   without change, or should be rescinded                   report summarizing the results of this
                                                      Sources (Completion of a Section 610
                                                                                                                   or amended to minimize adverse                           review in the docket EPA–HQ–OAR–
                                                      Review)
                                                                                                                   economic impacts on small entities. As                   2016–0175. This docket can be accessed
                                                         Legal Authority: 5 U.S.C. 610                             part of this review, EPA solicited                       at www.regulations.gov.
                                                         Abstract: The rulemaking ‘‘Control of                     comments on the following factors: (1)                      Timetable:
                                                      Hazardous Air Pollutants From Mobile                         The continued need for the rule; (2) the
                                                      Sources’’ was finalized by the EPA in                        nature of complaints or comments                                Action               Date         FR Cite
                                                      February 2007 (72 FR 8428, February                          received from the public concerning the                  Final Rule ............   02/26/07    72 FR 8427
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                      26, 2007). This program established                          rule; (3) the complexity of the rule; (4)                Begin Review ......       06/09/16    81 FR 37373
                                                      stringent new controls on gasoline,                          the extent to which the rule overlaps,                   End Review .........      11/00/16
                                                      passenger vehicles, and gas cans to                          duplicates, or conflicts with other
                                                      further reduce emissions of benzene and                      Federal, State, or local government                        Regulatory Flexibility Analysis
                                                      other mobile source air toxics. The EPA                      rules; and (5) the degree to which the                   Required: No.
                                                      developed a Small Entity Compliance                          technology, economic conditions or                         Agency Contact: Tom Eagles,
                                                      Guide, which provides descriptions of                        other factors have changed in the area                   Environmental Protection Agency,
                                                      the regulations and small entity                             affected by the rule. The EPA received                   Office of Air and Radiation, 6103A,
                                                      provisions, Q&As, and other helpful                          one comment about the program                            1200 Pennsylvania Avenue NW.,


                                                 VerDate Sep<11>2014       21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00006    Fmt 4701   Sfmt 4702   E:\FR\FM\23DEP17.SGM      23DEP17


                                                                                  Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                                94815

                                                      Washington, DC 20460, Phone: 202 564–                        Regulatory Flexibility Analysis                       ENVIRONMENTAL PROTECTION
                                                      1952, Fax: 202 564–1554, Email:                            Required: Yes.                                          AGENCY (EPA)
                                                      eagles.tom@epamail.epa.gov.                                  Agency Contact: Matt Spears,                          35
                                                        RIN: 2060–AS88                                           Environmental Protection Agency,
                                                                                                                 Office of Air and Radiation, Mail Code:                 Prerule Stage
                                                                                                                 ASD1, Ann Arbor, MI 48105, Phone:                       390. Section 610 Review of Lead-Based
                                                                                                                 734 214–4921, Fax: 734 214–4816,                        Paint Activities; Training and
                                                      ENVIRONMENTAL PROTECTION
                                                                                                                 Email: spears.mattew@epa.gov.                           Certification for Renovation and
                                                      AGENCY (EPA)
                                                                                                                   Charles Moulis, Environmental                         Remodeling Section 402(C)(3) (Section
                                                      10                                                         Protection Agency, Office of Air and                    610 Review)
                                                      Final Rule Stage                                           Radiation, NVFEL, Ann Arbor, MI
                                                                                                                 48105, Phone: 734 214–4826.                                Legal Authority: 5 U.S.C. 610
                                                      387. Modernization of the Accidental                         RIN: 2060–AS16                                           Abstract: EPA is continuing a review
                                                      Release Prevention Regulations Under                                                                               of the 2008 Lead; Renovation, Repair,
                                                      Clean Air Act                                              389. Oil and Natural Gas Sector:                        and Painting Program (RRP) (73 FR
                                                                                                                 Emission Standards for New,                             21692) pursuant to section 610 of the
                                                        Regulatory Plan: This entry is Seq.                      Reconstructed, and Modified Sources                     Regulatory Flexibility Act (RFA, 5
                                                      No. 138 in part II of this issue of the                                                                            U.S.C. 610). The rule was amended in
                                                      Federal Register.                                             Legal Authority: 42 U.S.C. 7401 et seq.
                                                                                                                 Clean Air Act                                           2010 (75 FR 24802) and 2011 (76 FR
                                                        RIN: 2050–AG82                                                                                                   47918) to eliminate a provision for
                                                                                                                    Abstract: Consistent with the White                  contractors to opt-out of prescribed
                                                                                                                 House Methane Strategy and the January                  work practices and to affirm the
                                                                                                                 14, 2015, announcement of the EPA’s                     qualitative clearance of renovated or
                                                      ENVIRONMENTAL PROTECTION                                   approach to achieving GHG (in the form
                                                      AGENCY (EPA)                                                                                                       repaired spaces, respectively. Although
                                                                                                                 of methane) and volatile organic                        the section 610 review only needs to
                                                      10                                                         compounds (VOC) reductions from the                     address the 2008 RRP Rule, EPA will
                                                                                                                 oil and natural gas sector, this action                 exercise its discretion to consider
                                                      Completed Actions                                          finalized amendments to the new source                  relevant comments to the 2010 and 2011
                                                      388. Greenhouse Gas Emissions and                          performance standards (NSPS) at 40                      amendments. The RRP rule is intended
                                                      Fuel Efficiency Standards for Medium-                      CFR part 60, subpart OOOO and                           to reduce exposure to lead hazard
                                                      and Heavy-Duty Engines and                                 established new standards at 40 CFR                     created by renovation, repair, and
                                                      Vehicles—Phase 2                                           part 60, subpart OOOOa. Amendments                      painting activities that disturb lead-
                                                                                                                 to subpart OOOO will improve                            based paint. The current rule establishes
                                                         Legal Authority: 42 U.S.C. 7401 et seq.                 implementation of the current NSPS.
                                                      Clean Air Act                                                                                                      requirements for training renovators and
                                                                                                                 The new standards for the oil and                       dust sampling technicians; certifying
                                                         Abstract: The EPA and the                               natural gas source category at subpart                  renovators, dust sampling technicians,
                                                      Department of Transportation, in close                     OOOOa set standards for both                            and renovation firms; accrediting
                                                      coordination with the California Air                       greenhouse gases (GHGs) and volatile                    providers of renovation and dust
                                                      Resources Board, developed a                               organic compounds (VOC). Except for                     sampling technician training; and for
                                                      comprehensive National Program for                         the implementation improvements, and                    renovation work practices. As part of
                                                      Medium- and Heavy-Duty Vehicle                             the new standards for GHGs, these                       this review, EPA is considering public
                                                      Greenhouse Gas Emission and Fuel                           requirements do not change the                          comments on the following factors: (1)
                                                      Efficiency Standards for model years                       requirements for operations covered by                  The continued need for the rule; (2) the
                                                      beyond 2018. These standards will                          the current standards at subpart OOOO.                  nature of complaints or comments
                                                      further reduce greenhouse gas emissions                    The proposed rule published September                   received concerning the rule; (3) the
                                                      and fuel consumption from a wide range                     18, 2015 and the final published June 3,                complexity of the rule; (4) the extent to
                                                      of on-road vehicles from semi-trucks to                    2016.                                                   which the rule overlaps, duplicates, or
                                                      the largest pickup trucks and vans, and                       Timetable:                                           conflicts with other Federal, State, or
                                                      all types and sizes of work trucks and
                                                                                                                                                                         local government rules; and (5) the
                                                      buses. This action is in continued                                Action                 Date         FR Cite
                                                                                                                                                                         length of time since the rule has been
                                                      response to the President’s directive to
                                                                                                                 NPRM ..................   09/18/15     80 FR 56593      evaluated or the degree to which the
                                                      take coordinated steps to produce a new
                                                                                                                 NPRM Comment              11/17/15                      technology, economic conditions or
                                                      generation of clean vehicles and follows
                                                                                                                   Period End.                                           other factors have changed in the area
                                                      the first ever Greenhouse Gas Emissions
                                                                                                                 Final Rule ............   06/03/16     81 FR 35823      affected by the rule. This review will
                                                      Standards and Fuel Efficiency                              Final Rule Effec-         08/02/16                      also serve as an additional opportunity
                                                      Standards for Medium- and Heavy-Duty                         tive.                                                 to provide comment on lead test kits,
                                                      Engines and Vehicles.
                                                                                                                                                                         field testing alternatives and other
                                                         Timetable:                                                Regulatory Flexibility Analysis                       broader RRP rule concerns as referenced
                                                                                                                 Required: Yes.                                          in 80 FR 79335 and 80 FR 27621.
                                                              Action                Date          FR Cite
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                                                                                   Agency Contact: Amy Hambrick,                            Timetable:
                                                      NPRM ..................      07/13/15    80 FR 40137       Environmental Protection Agency,
                                                      NPRM Comment                 07/28/15    80 FR 44863       Office of Air and Radiation,                                   Action              Date        FR Cite
                                                        Period Ex-                                               Environmental Protection Agency,
                                                        tended.                                                  Office of Air and Radiation, E143–05,                   Final Rule ............   04/22/08   73 FR 21691
                                                      Notice ..................    03/02/16    81 FR 10822                                                               Begin Review ......       06/09/16   81 FR 37373
                                                                                                                 Research Triangle Park, NC 27711,                       Comment Period            08/08/16   81 FR 52393
                                                      Final Rule ............      10/25/16    81 FR 73478       Phone: 919 541–0964, Fax: 919 541–
                                                      Final Rule Effec-            12/27/16                                                                                Extended.
                                                                                                                 3470, Email: hambrick.amy@epa.gov.                      Comment Period            09/07/16
                                                        tive.
                                                                                                                   RIN: 2060–AS30                                          Extended End.



                                                 VerDate Sep<11>2014      21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00007    Fmt 4701    Sfmt 4702   E:\FR\FM\23DEP17.SGM   23DEP17


                                                      94816                  Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                             Action             Date           FR Cite        Standards for Composite Wood Products                 rulemaking, EPA has decided to issue a
                                                                                                              Act that was enacted in 2010 as title VI              single final rule that addresses both of
                                                      End Review .........    01/00/17                        of Toxic Substances Control Act                       these proposals. As such, EPA also
                                                                                                              (TSCA), 15 U.S.C. 2697. In 2013, EPA                  combined the entries for the Regulatory
                                                        Regulatory Flexibility Analysis                       issued a proposed rule to establish a                 Agenda.
                                                      Required: No.                                           framework for a TSCA title VI Third-                    Timetable:
                                                        Agency Contact: Jonathan Shafer,                      Party Certification Program whereby
                                                      Environmental Protection Agency,                        third-party certifiers (TPCs) are                            Action              Date           FR Cite
                                                      Office of Chemical Safety and Pollution                 accredited by accreditation bodies (ABs)
                                                      Prevention, 7404T, 1200 Pennsylvania                    so that they may certify composite wood               ANPRM ...............     12/03/08   73   FR   73620
                                                      Avenue NW., Washington, DC 20460,                       product panel producers under TSCA                    Second ANPRM ..           01/30/09   74   FR   5632
                                                      Phone: 202 564–0789, Email:                             title VI. That proposed rule identified               NPRM ..................   06/10/13   78   FR   34795
                                                      shafer.jonathan@epa.gov.                                the roles and responsibilities of the                 NPRM Comment              07/23/13   78   FR   44090
                                                        Michelle Price, Environmental                                                                                 Period Ex-
                                                                                                              groups involved in the TPC process
                                                      Protection Agency, Office of Chemical                                                                           tended.
                                                                                                              (EPA, ABs, and TPCs), as well as the                  NPRM Comment              08/21/13   78 FR 51696
                                                      Safety and Pollution Prevention, 7404T,                 criteria for participation in the program.              Period Ex-
                                                      1200 Pennsylvania Avenue NW.,                           EPA also proposed general requirements                  tended.
                                                      Washington, DC 20460, Phone: 202 566–                   for TPCs, such as conducting and                      Final Rule ............   11/00/16
                                                      0744, Email: price.michelle@epa.gov.                    verifying formaldehyde emission tests,
                                                        RIN: 2070–AK17                                        inspecting and auditing panel                         Final Rule Effec-           To Be Determined
                                                                                                              producers, and ensuring that panel                      tive.
                                                                                                              producers’ quality assurance and quality
                                                      ENVIRONMENTAL PROTECTION                                control procedures comply with the                      Regulatory Flexibility Analysis
                                                      AGENCY (EPA)                                            regulations set forth in the proposed                 Required: Yes.
                                                                                                              rule. A separate proposed rule issued in                Agency Contact: Robert Courtnage,
                                                      35                                                      2013 under RIN 2070–AJ92 covered the                  Environmental Protection Agency,
                                                      Proposed Rule Stage                                     implementation of the statutory                       Office of Chemical Safety and Pollution
                                                                                                              formaldehyde emission standards for                   Prevention, 7404T, 1200 Pennsylvania
                                                      391. N-Methylpyrrolidone (NMP) and                      hardwood plywood, medium-density
                                                      Methylene Chloride; Rulemaking Under                                                                          Avenue NW., Washington, DC 20460,
                                                                                                              fiberboard, and particleboard sold,                   Phone: 202 566–1081, Email:
                                                      TSCA Section 6(A)                                       supplied, offered for sale, or                        courtnage.robert@epa.gov.
                                                        Regulatory Plan: This entry is Seq.                   manufactured (including imported) in                    Erik Winchester, Environmental
                                                      No. 125 in part II of this issue of the                 the United States. Pursuant to TSCA                   Protection Agency, Office of Chemical
                                                      Federal Register.                                       section 3(7), the definition of
                                                        RIN: 2070–AK07                                                                                              Safety and Pollution Prevention, 7404T,
                                                                                                              ‘‘manufacture’’ includes import. As
                                                                                                                                                                    Washington, DC 20460, Phone: 202 564–
                                                      392. Trichloroethylene (TCE);                           required by title VI, these regulations
                                                                                                                                                                    6450, Email: winchester.erik@epa.gov.
                                                      Rulemaking Under TSCA Section 6(A);                     apply to hardwood plywood, medium-
                                                                                                              density fiberboard, and particleboard.                  RIN: 2070–AJ44
                                                      Vapor Degreasing
                                                                                                              TSCA title VI also directs EPA to
                                                        Regulatory Plan: This entry is Seq.                   promulgate supplementary provisions to
                                                      No. 126 in part II of this issue of the                 ensure compliance with the emissions                  ENVIRONMENTAL PROTECTION
                                                      Federal Register.                                       standards, including provisions related
                                                        RIN: 2070–AK11                                                                                              AGENCY (EPA)
                                                                                                              to labeling; chain of custody
                                                                                                              requirements; sell-through provisions;                60
                                                                                                              ultra low-emitting formaldehyde resins;               Proposed Rule Stage
                                                      ENVIRONMENTAL PROTECTION                                no-added formaldehyde-based resins;
                                                      AGENCY (EPA)                                            finished goods; third-party testing and               394. Financial Responsibility
                                                                                                              certification; auditing and reporting of              Requirements Under CERCLA Section
                                                      35                                                      third-party certifiers; recordkeeping;                108(b) for Classes of Facilities in the
                                                      Final Rule Stage                                        enforcement; laminated products; and                  Hardrock Mining Industry
                                                                                                              exceptions from the requirements of                     Regulatory Plan: This entry is Seq.
                                                      393. Formaldehyde Emission Standards                    regulations promulgated pursuant to
                                                      for Composite Wood Products                                                                                   No. 130 in part II of this issue of the
                                                                                                              this subsection for products and                      Federal Register.
                                                         Legal Authority: 15 U.S.C. 2697 Toxic                components containing de minimis
                                                      Substances Control Act                                  amounts of composite wood products.                     RIN: 2050–AG61
                                                         Abstract: The EPA is developing a                    As noted in the previously published                  [FR Doc. 2016–29915 Filed 12–22–16; 8:45 am]
                                                      final rule under the Formaldehyde                       Regulatory Agenda entry for each                      BILLING CODE 6560–50–P
mstockstill on DSK3G9T082PROD with PROPOSALP17




                                                 VerDate Sep<11>2014   21:43 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4701   Sfmt 9990   E:\FR\FM\23DEP17.SGM   23DEP17



Document Created: 2016-12-23 12:29:58
Document Modified: 2016-12-23 12:29:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSemiannual regulatory flexibility agenda and semiannual regulatory agenda.
DatesWhether 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.
ContactIf 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 regulatory agenda, please contact: Caryn Muellerleile ([email protected]; 202-564-2855).
FR Citation81 FR 94809 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR