2024-16459. Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions

Review title	RIN	Docket ID No.	Status
Section 610 Review of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces	2060-AW17	EPA-HQ-OAR-2024-0089	Initiated.
Section 610 Review of the Tier 3 Motor Vehicle Emission and Fuel Standards	2060-AV90	EPA-HQ-OAR-2011-0135	Completed.

B. What other special attention does the EPA give to the impacts of rules on small businesses, small governments, and small nonprofit organizations?

For each of the EPA's rulemakings, consideration is given to whether there will be any adverse impact on any small entity. The EPA attempts to fit the regulatory requirements, to the extent feasible, to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation.

Under the RFA as amended by SBREFA, the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed and current information about the Agency's policy and practice with respect to implementing the RFA/SBREFA, including ongoing Small Business Advocacy Review Panels, please visit the EPA's RFA/SBREFA website at https://www.epa.gov/​reg-flex.

IV. Thank You for Collaborating With Us

We would like to thank those of you who choose to join with us in making progress on the complex issues involved in protecting human health and the environment through engaging in our rulemaking process. Collaborative efforts such as the EPA's open rulemaking processes are valuable tools for implementing our legal requirements to address environmental and public health challenges. Our regulatory agenda and your engagement play an important role in that process.

Victoria Arroyo,

Associate Administrator, Office of Policy.

10—Clean Air Act—Prerule Stage

Sequence No.	Title	Regulation Identifier No.
198	610 Review of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces ( Section 610 Review )	2060-AW17

10—Clean Air Act—Final Rule Stage

Sequence No.	Title	Regulation Identifier No.
199	Revisions to the Air Emission Reporting Requirements (AERR)	2060-AV41
200	National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants; Amendments	2060-AV59

10—Clean Air Act—Completed Actions

Sequence No.	Title	Regulation Identifier No.
201	National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review	2060-AU37
202	NSPS for GHG Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired EGUs; Emission Guidelines for GHG Emissions from Existing Fossil Fuel-Fired EGUs; and Repeal of the ACE Rule	2060-AV09
203	Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review	2060-AV16
204	Section 610 Review of Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards ( Completion of a Section 610 Review )	2060-AV90

35—TSCA—Proposed Rule Stage

Sequence No.	Title	Regulation Identifier No.
205	1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK73
206	N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK85
207	C.I. Pigment Violet 29; Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK87

( print page 66870)

35—TSCA—Final Rule Stage

Sequence No.	Title	Regulation Identifier No.
208	Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK83
209	Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK84

35—TSCA—Completed Actions

Sequence No.	Title	Regulation Identifier No.
210	Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)	2070-AK70

72—SDWA—Completed Actions

Sequence No.	Title	Regulation Identifier No.
211	PFAS National Primary Drinking Water Regulation Rulemaking	2040-AG18

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10—Clean Air Act

Prerule Stage

198. • 610 Review of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (Section 610 Review) [2060-AW17]

Legal Authority:42 U.S.C. 7411

Abstract: On March 16, 2015, EPA published a final rule that made revisions to the New Source Performance Standards (NSPS) for new residential wood heaters (80 FR 13672). The 2015 final rule (40 CFR part 60, subpart AAA and QQQQ) updated the 1988 NSPS to reflect significant advancements in wood heater technologies and design, broadened the range of residential wood-heating appliances covered by the regulation, and improved and streamlined implementation procedures. The 2015 rule requires manufacturers to redesign wood heaters to be cleaner and lower emitting. In general, the design changes also make the heaters perform better and more efficiently. This new entry in the regulatory agenda announces that EPA will review the March 16, 2015 action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be maintained or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, EPA will consider and solicit comments on the following: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Comments must be received within 60 days of this notice. In submitting comments, please reference Docket ID EPA-HQ-OAR-2024-0089 and follow the instructions provided in the preamble to this issue of the Regulatory Agenda. This docket can be accessed at www.regulations.gov.

Timetable:

Action	Date	FR Cite
Final Rule	03/16/15	80 FR 13672
Begin Review	07/00/24
End Review	11/00/24

Regulatory Flexibility Analysis Required: No.

Agency Contact: Bill Schrock, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-03, Research Triangle Park, NC 27711, Phone: [phone], Email: [e-mail].

Nicholas Swanson, Environmental Protection Agency, Office of Air and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: [phone], Email: [e-mail].

RIN: 2060-AW17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10—Clean Air Act

Final Rule Stage

199. Revisions to the Air Emission Reporting Requirements (AERR) [2060-AV41]

Legal Authority:42 U.S.C. 7401 et seq. Clean Air Act

Abstract: This action finalizes changes to the Environmental Protection Agency's (EPA) emissions inventory reporting requirements to collect data needed for the EPA to implement pollution reduction programs and address environmental justice concerns. The amendments in this action would ensure that the EPA has sufficient information to identify and solve air quality and exposure problems. The amendments would also allow the EPA to have information readily available that the Agency needs to protect public health and perform other activities under the Clean Air Act (CAA or “the Act”). Further, the amendments would ensure that communities have the data needed to understand significant sources of air pollution that may be impacting them—including potent carcinogens and other highly toxic chemicals linked with a wide range of chronic and acute health problems.

Timetable:

Action	Date	FR Cite
NPRM	08/09/23	88 FR 54118
Notice	10/12/23	88 FR 63046
Final Rule	07/00/24

Regulatory Flexibility Analysis Required: Yes. ( print page 66871)

Agency Contact: Marc Houyoux, Environmental Protection Agency, Office of Air and Radiation, C339-02, Research Triangle Park, NC 27711, Phone: [phone], Fax: [phone], Email: [e-mail].

RIN: 2060-AV41

200. National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants; Amendments [2060-AV59]

Legal Authority:42 U.S.C. 7401 et seq. Clean Air Act; 42 U.S.C. 7414, 7601

Abstract: This action will amend the Lime Manufacturing National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR part 63, subpart AAAAA, as required by the Clean Air Act (CAA). This action will address Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020) (LEAN”), in which the court held that EPA must set limits on uncontrolled hazardous air pollutant (HAP) emissions when the Agency conducts technology reviews under CAA section 112(d)(6), 42 U.S.C. 7412(d)(6). The Lime Manufacturing NESHAP was promulgated pursuant to section 112(d) of the CAA on January 5, 2004. The residual risk and technology review (RTR) was promulgated pursuant to CAA 112(f) and 112(d)(6) on July 24, 2020. The NESHAP establishes emission limitations based on maximum achievable control technology for control of HAP from kilns at new and existing lime manufacturing plants. The HAP emitted from lime manufacturing kilns include hydrochloric acid, mercury, organic HAP, and dioxins/furans. On July 21, 2023, the U.S. District Court for the District of Columbia extended the deadline for EPA to complete final action on the Lime NESHAP to June 30, 2024. The EPA convened a Small Business Advocacy Review (SBAR) Panel to obtain advice and recommendations from small entity representatives (SERs) that could be subject to the Lime Manufacturing NESHAP requirements. On August 3, 2023, the EPA's Small Business Advocacy Chairperson convened the Panel, which consisted of the Chairperson, the Director of the Sector Policies and Programs Division within the EPA's Office of Air Quality Planning and Standards, the Administrator of the Office of Information and Regulatory Affairs within OMB, and the Chief Counsel for Advocacy of the Small Business Administration (SBA).

Timetable:

Action	Date	FR Cite
NPRM	01/05/23	88 FR 805
Supplemental NPRM	02/09/24	89 FR 9088
Final Rule	07/00/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Brian Storey, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-04, Research Triangle Park, NC 27711, Phone: [phone], Fax: [phone], Email: [e-mail].

Keith Barnett, Environmental Protection Agency, Office of Air and Radiation, D243-04, Research Triangle Park, NC 27711, Phone: [phone], Fax: [phone], Email: [e-mail].

RIN: 2060-AV59

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10—Clean Air Act

Completed Actions

201. National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review [2060-AU37]

Legal Authority:42 U.S.C. 7607(d); 42 U.S.C. 7414, 7601

Abstract: In December 1994, pursuant to section 112(d) of the Clean Air Act, EPA promulgated the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Ethylene Oxide (EtO) Commercial Sterilization and Fumigation Operations (59 FR 62585). The NESHAP established standards for both major and area sources. EPA completed a residual risk and technology review for the NESHAP in 2006 and, at that time, concluded that no revisions to the standards were necessary. In this action, EPA conducted the second RTR for the NESHAP and updated the rule. To aid in this effort, EPA issued an advance notice of proposed rulemaking that solicited comment from stakeholders, undertook a Small Business Advocacy Review panel, which is needed when there is the potential for significant economic impacts to small businesses from any regulatory actions being considered, and has conducted outreach meetings within the communities affected by the highest-risk facilities as part of the development of this action. These meetings involved informing community members of the risk from EtO emissions and explaining how they can be involved in the rule writing process. EPA also held a national webinar on this proposal. Accommodations were made for Spanish-language speaking communities, which are disproportionately affected by these EtO emissions. This final rule also reflects feedback EPA received from representatives of local and state governments. For more information, please visit https://www.epa.gov/​stationary-sources-air-pollution/​ethylene-oxide-emissions-standards-sterilization-facilities.

Timetable:

Action	Date	FR Cite
ANPRM	12/12/19	84 FR 67889
NPRM	04/13/23	88 FR 22790
Final Rule	04/05/24	89 FR 24090
Final Rule Effective	04/05/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jon Witt, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-05, Research Triangle Park, NC 27709, Phone: [phone], Email: [e-mail].

Kusondra King, Environmental Protection Agency, Office of Air and Radiation, Research Triangle Park, NC 27711, Phone: [phone], Email: [e-mail].

RIN: 2060-AU37

202. NSPS for GHG Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired EGUS; Emission Guidelines for GHG Emissions From Existing Fossil Fuel-Fired EGUS; and Repeal of the ACE Rule [2060-AV09]

Legal Authority:42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601

Abstract: EPA has issued final carbon pollution standards for power plants that set carbon dioxide (CO₂) limits for new gas-fired combustion turbines and CO₂ emission guidelines for existing coal, oil and gas-fired steam generating units, securing important climate benefits and protecting public health. These rules will significantly reduce greenhouse gas (GHG) emissions from existing coal-fired power plants and from new natural gas turbines, ensuring that all long-term coal-fired plants and base load new gas-fired plants control 90% of their carbon pollution. Existing coal-fired power plants are the largest source of GHGs from the power sector. New natural gas-fired combustion turbines are some of the largest new sources of GHG being built today and these final standards will ensure that ( print page 66872) they are constructed to minimize their GHG emissions. Consistent with EPA's traditional approach to establishing pollution standards under the Clean Air Act, the final limits and emission guidelines are based on proven pollution control technologies that can be applied directly to power plants and can achieve substantial reductions in carbon pollution at reasonable cost. Emission guidelines for the longest-running existing coal units and performance standards for new base load combustion turbines are based on the use of carbon capture and sequestration/storage (CCS) an available and cost-effective control technology that can be applied directly to power plants. EPA has evaluated the emissions reductions, benefits, and costs of the final carbon pollution standards in a Regulatory Impact Analysis (RIA). The RIA projects reductions of 1.38 billion metric tons of CO₂ systemwide through 2047 along with tens of thousands of tons of PM_2.5, SO₂, and NO_X harmful air pollutants that are known to endanger public health.

Timetable:

Action	Date	FR Cite
NPRM	05/23/23	88 FR 33240
Supplemental NPRM	11/20/23	88 FR 80682
Final Rule	05/09/24	89 FR 39798
Final Rule Effective	07/08/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lisa Thompson, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research Triangle Park, NC 27711, Phone: [phone], Email: [e-mail].

Nick Hutson, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research Triangle Park, NC 27711, Phone: [phone], Fax: [phone], Email: [e-mail].

RIN: 2060-AV09

203. Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review [2060-AV16]

Legal Authority:42 U.S.C. 7411

Abstract: On November 15, 2021, the EPA proposed new source performance standards and emission guidelines for crude oil and natural gas facilities. (86 FR 63110). This action was in response to the January 20, 2021, Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” On December 6, 2022, in a supplemental proposal, EPA proposed to update, strengthen, and expand its November 2021 proposal that would secure major climate and health benefits for all Americans by reducing emissions of methane and other harmful air pollution from both new and existing sources in the oil and natural gas industry (87 FR 74702). On November 30, 2023, the EPA Administrator signed the final rule which includes multiple actions to reduce air pollution emissions from the Crude Oil and Natural Gas source category. First, the EPA finalized new source performance standards regulating greenhouse gases and volatile organic compounds emissions from the Crude Oil and Natural Gas source category pursuant to the Clean Air Act. Second, the EPA finalized emission guidelines under the Clean Air Act for states to follow in developing, submitting, and implementing state plans to establish performance standards to limit greenhouse gas emissions from existing sources (designated facilities) in the Crude Oil and Natural Gas source category. Third, the EPA finalized several related actions stemming from the joint resolution of Congress, adopted on June 30, 2021, under the Congressional Review Act, disapproving the EPA's final rule titled, “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review,” September 14, 2020. Fourth, the EPA finalized a protocol under the general provisions for optical gas imaging. The final rule was published on March 8, 2024 (89 FR 16820).

Timetable:

Action	Date	FR Cite
NPRM	11/15/21	86 FR 63110
Supplemental NPRM	12/06/22	87 FR 74702
Final Rule	03/08/24	89 FR 16820
Final Rule Effective	05/07/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Amy Hambrick, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-05, Research Triangle Park, NC 27711, Phone: [phone], Fax: [phone], Email: [e-mail].

RIN: 2060-AV16

204. Section 610 Review of Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards (Completion of a Section 610 Review) [2060-AV90]

Legal Authority:5 U.S.C. 610

Abstract: The rulemaking “Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards” was finalized by EPA in April 2014 (79 FR 23414). The final rule established the Tier 3 Motor Vehicle Emission and Fuel Standards program. The Tier 3 program was part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health. The program considered the vehicle and its fuel as an integrated system, setting new vehicle emissions standards and a new gasoline sulfur standard beginning in 2017. The vehicle emissions standards were expected to reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standards were expected to enable more stringent vehicle emissions standards and to make emissions control systems more effective. This entry in the regulatory agenda announces that the EPA has reviewed this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be continued without change or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, the EPA solicited comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. No comments were received. The EPA has concluded that the rule does not need to be amended at this time and has addressed the review factors in a report. The report is available in Docket EPA-HQ-OAR-2011-0135, which can be accessed at www.regulations.gov.

Timetable:

Action	Date	FR Cite
Final Rule	04/28/14	79 FR 23414
Begin Review	07/27/23	88 FR 48598
End Review	05/15/24

Regulatory Flexibility Analysis Required: No. ( print page 66873)

Agency Contact: Jessica Mroz, Environmental Protection Agency, Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2060-AV90

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35—TSCA

Proposed Rule Stage

205. 1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK73]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: This proposed rulemaking will address the unreasonable risk of injury to health presented by 1-bromopropane (1-BP). Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA address by rule any unreasonable risk identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. The Agency's development of this rule incorporates significant stakeholder outreach and public participation, including over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. Specifically, EPA engaged in discussions with industry, non-governmental organizations, other government agencies, technical experts and users of 1-BP, and the general public to hear from users, academics, manufacturers, and members of the public health community about practices related to commercial uses of 1-BP. EPA's risk evaluation for 1-BP, describing the conditions of use, is in docket EPA-HQ-OPPT-2019-0235, with the 2022 unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0741.

Timetable:

Action	Date	FR Cite
NPRM	07/00/24
Final Rule	08/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Amy Shuman, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK73

206. N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK85]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: This proposed rulemaking will address the unreasonable risk of injury to health presented by n-methylpyrrolidone (NMP). Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA to address by rule any unreasonable risk identified in a TSCA section 6(b) risk evaluation by applying requirements to the extent necessary so the chemical no longer presents unreasonable risk. The Agency's development of this rule incorporates significant stakeholder outreach and public participation, including over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. EPA's 2020 risk evaluation for NMP, describing its conditions of use is in docket EPA-HQ-OPPT-2019-0236, with the 2022 revised unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0743.

Timetable:

Action	Date	FR Cite
NPRM	06/14/24	89 FR 51134
NPRM Comment Period End	07/29/24
Final Rule	05/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Clara Hull, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK85

207. C.I. Pigment Violet 29; Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK87]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: This proposed rulemaking will address unreasonable risks of injury to health identified in the final risk evaluation for C.I. Pigment Violet 29. Section 6 of the Toxic Substances Control Act (TSCA) requires EPA to address unreasonable risks of injury to health or the environment that the Administrator has determined are presented by a chemical substance under the conditions of use. EPA's risk evaluation for C.I. Pigment Violet 29, describing the conditions of use and presenting EPA's determination of unreasonable risk, is in docket EPA-HQ-OPPT-2018-0604, with revised risk determination and additional information in docket EPA-HQ-OPPT-2016-0725.

Timetable:

Action	Date	FR Cite
NPRM	11/00/24
Final Rule	11/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Carolyn Mottley, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Ana Corado, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK87

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35—TSCA

Final Rule Stage

208. Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK83]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: On October 31, 2023, EPA issued a proposed rule to address the unreasonable risk of injury to human health presented by trichloroethylene (TCE) under its conditions of use as documented in EPA's November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, ( print page 66874) adhesives, and sealants. TSCA requires that when EPA determines a chemical substance presents unreasonable risk that EPA address by rule the unreasonable risk of injury to health or the environment and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. EPA determined that TCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to TCE, including non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) as well as cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all routes of exposure. The most sensitive adverse effects of TCE exposure are non-cancer effects (developmental toxicity and immunosuppression) for acute exposures and developmental toxicity and autoimmunity for chronic exposures. To address the identified unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), processing, and distribution in commerce of TCE and industrial and commercial use of TCE for all uses, with longer compliance timeframes and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time-limited exemptions); prohibit the disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works, with a time-limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.

Timetable:

Action	Date	FR Cite
NPRM	10/31/23	88 FR 74712
Final Rule	09/00/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Gabriela Rossner, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK83

209. Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK84]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: On June 16, 2023, EPA proposed a rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to human health presented by perchloroethylene (PCE). PCE is a widely used solvent in a variety of occupational and consumer applications including fluorinated compound production, petroleum manufacturing, dry cleaning, and aerosol degreasing. EPA determined that PCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to PCE, including neurotoxicity effects from acute and chronic inhalation exposures and dermal exposures, and cancer from chronic inhalation exposures to PCE. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. PCE, also known as perc and tetrachloroethylene, is a neurotoxicant and a likely human carcinogen. Neurotoxicity, in particular impaired visual and cognitive function and diminished color discrimination, are the most sensitive adverse effects driving the unreasonable risk of PCE, and other adverse effects associated with exposure include central nervous system depression, kidney and liver effects, immune system toxicity, developmental toxicity, and cancer. To address the identified unreasonable risk, EPA is proposing to prohibit most industrial and commercial uses of PCE; the manufacture (including import), processing, and distribution in commerce of PCE for the prohibited industrial and commercial uses; the manufacture (including import), processing, and distribution in commerce of PCE for all consumer use; and, the manufacture (including import), processing, distribution in commerce, and use of PCE in dry cleaning and related spot cleaning through a 10-year phaseout. For certain conditions of use that would not be subject to a prohibition, EPA is also proposing to require a PCE workplace chemical protection program that includes requirements to meet an inhalation exposure concentration limit and prevent direct dermal contact. EPA is also proposing to require prescriptive workplace controls for laboratory use, and to establish recordkeeping and downstream notification requirements. Additionally, EPA proposes to provide certain time-limited exemptions from requirements for certain critical or essential emergency uses of PCE for which no technically and economically feasible safer alternative is available. The Agency's development of this rule incorporated significant stakeholder outreach and public participation, including public webinars and over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. EPA's risk evaluation for PCE, describing the conditions of use is in docket EPA-HQ-OPPT-2019-0502, with the 2022 unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0732.

Timetable:

Action	Date	FR Cite
NPRM	06/16/23	88 FR 39652
Final Rule	08/00/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Kelly Summers, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK84

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35—TSCA

Completed Actions

210. Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK70]

Legal Authority:15 U.S.C. 2605 Toxic Substances Control Act

Abstract: On May 8, 2024, EPA promulgated a final rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, ( print page 66875) among other things, prevent serious illness and death associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period where an industrial and commercial use of the chemical is being prohibited, provide a time-limited exemption for a critical or essential use of methylene chloride for which no technically and economically feasible safer alternative is available, and protect workers from the unreasonable risk of methylene chloride while on the job.

Timetable:

Action	Date	FR Cite
NPRM	05/03/23	88 FR 28284
Final Rule	05/08/24	89 FR 39254
Final Rule Effective	07/08/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Ingrid Feustel, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, Mail Code 7404M, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: [phone], Email: [e-mail].

Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: [phone], Email: [e-mail].

RIN: 2070-AK70

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72—SDWA

Completed Actions

211. PFAS National Primary Drinking Water Regulation Rulemaking [2040-AG18]

Legal Authority:42 U.S.C. 300f et seq. Safe Drinking Water Act

Abstract: On March 3, 2021, the Environmental Protection Agency (EPA) published the Fourth Regulatory Determinations in the Federal Register , including a determination to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per the Safe Drinking Water Act, following publication of the Regulatory Determination, the Administrator shall propose a maximum contaminant level goal (MCLG) and a national primary drinking water regulation (NPDWR) not later than 24 months after determination and promulgate a NPDWR within 18 months after proposal (the statute authorizes a 9-month extension of this promulgation date). The EPA issued a proposed national primary drinking water regulation for PFOA and PFOS as well as other PFAS on March 29, 2023, as part of this action. Finalization of the NPDWR reflects a key commitment in the EPA's “PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024.” EPA held a public hearing on the proposed NPDWR on May 4, 2023. The public comment period closed May 30, 2023, and more than 120,000 comments were received. On April 8, 2024, the final PFAS NPDWR was signed by the EPA Administrator and published in the Federal Register on April 26, 2024.

Timetable:

Action	Date	FR Cite
Notice	02/09/22	87 FR 7412
NPRM	03/29/23	88 FR 18638
Final Rule	04/26/24	89 FR 32532
Final Rule Effective	06/25/24