Federal Register - January 22, 2021
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Source: Federal Register
jbell on DSKJLSW7X2PROD with PROPOSALS
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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules
impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the Clean Air Act;
and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead,
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Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 2, 2020.
Dennis Deziel, Regional Administrator, EPA Region 1.
FR Doc. 202100458 Filed 12121; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
EPAHQOPPT20200565; FRL10019
39
TSCA Section 21 Petition for Rulemaking; Reasons for Agency Response; Denial of Requested Rulemaking Environmental Protection Agency EPA.
ACTION: Petition; reasons for Agency response.
AGENCY:
This document provides the reasons for the Environmental Protection Agencys EPAs response to a petition it received under the Toxic Substances Control Act TSCA from the Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, Toxic Free NC, and the NC Black Alliance on October 14, 2020. Generally, the petitioners requested that EPA initiate a rulemaking proceeding or issue an order under TSCA compelling health and environmental effects testing on 54 Perand Polyfluoroalkyl Substances PFAS
that the petitioners assert are manufactured by The Chemours Company Chemours at its chemical production facility in Fayetteville, North Carolina. The petitioners also request that EPA ask the National Academy of Sciences to create an independent science panel to oversee all aspects of the testing program requested by the petitioners. After careful consideration, EPA denied the TSCA
petition for reasons discussed in this document.
DATES: EPAs response to this TSCA
section 21 petition was signed January 7, 2021.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPPT20200565, is available online at https
www.regulations.gov or in-person at the Office of Pollution Prevention and Toxics Docket OPPT Docket, Environmental Protection Agency Docket Center EPA/DC, West William SUMMARY:
PO 00000
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Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202 5661744, and the telephone number for the OPPT
Docket is 202 5660280.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Public Reading Room are closed to visitors with limited exceptions. The EPA/DC staff continue to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Daniel R. Ruedy, Data Gathering and Analysis Division 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001; telephone number: 202
5647974; email address: ruedy.daniel@
epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information A. Does this action apply to me?
This action is directed to the public in general. This action, however, may be of particular interest to those persons who manufacture which includes import, distribute in commerce, process, use, or dispose of one or more of the 54 Perand Polyfluoroalkyl Substances PFAS identified in the petition. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.
B. What is EPAs authority for taking this action?
Under TSCA section 21 15 U.S.C.
2620, any person can petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under TSCA sections 4, 6, or 8, or to issue an order under TSCA sections 4, 5e, or 5f. A TSCA section 21 petition must set forth the facts which it is claimed establish that it is necessary to initiate the action requested. EPA is required to grant or deny the petition within 90
days of its filing. If EPA grants the petition, the Agency must promptly
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