Federal Register - August 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules
petitions for administrative reconsideration. In response, EPA
agreed to reconsider the Effluent Guidelines for two wastestreams flue gas desulfurization and bottom ash transport water and the Steam Electric Reconsideration Rule was published in October 2020.
On January 20, 2021, President Biden signed Executive Order 13990 directing federal agencies to review rules issued in the prior four years that are, or may be, inconsistent with the policy stated in the Order. 86 FR 7037. The Order provides that it is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments;
and to prioritize both environmental justice and the creation of the wellpaying union jobs necessary to deliver on these goals. Id. at 7037, Section 1.
The Order directs all executive departments and agencies agencies to immediately review and, as appropriate and consistent with applicable law, take action to address the promulgation of Federal regulations and other actions during the last 4 years that conflict with these important national objectives, and to immediately commence work to confront the climate crisis. Id. For any such actions identified by the agencies, the heads of agencies shall, as appropriate and consistent with applicable law, consider suspending, revising, or rescinding the agency actions. Id. at 7037, Section 2a. The 2020 Steam Electric Reconsideration Rule was identified for review under the Executive Order. See Fact Sheet: List of Agency Actions for Review, available at https www.whitehouse.gov/briefingroom/statements-releases/2021/01/20/
fact-sheet-list-of-agency-actions-forreview/ last visited on April 26, 2021.
EPA has completed its review of the 2020 Steam Electric Reconsideration Rule under Executive Order 13990 and has decided to initiate a notice-andcomment rulemaking in which the Agency will determine whether more stringent limitations and standards are appropriate consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act.
EPAs review found that much of the 2015 steam electric rule remains in placeleading to better control of water
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pollution from power plants than required by the previously applicable rules. The 2015 rule also had the effect of reducing the cost of controls e.g., biological treatment systems and membrane treatment systems, which are now being utilized by the power sector. While the Agency undertakes this new rulemaking, facilities will continue to be subject to the requirements of the 2015 Rule, as amended by the 2020 Rule, which are currently effective. As a result, the pollutant reductions accomplished by the existing Rules will occur while the Agency engages in rulemaking to consider more stringent requirements.
EPAs review under Executive Order 13990 also found that membrane treatment systems continue to rapidly advance as an effective option for treating a wide variety of industrial wastewater. EPA expects this technology to continue to advance, and EPA will evaluate whether this technology should serve as the basis for the best available technology economically achievable under the Clean Water Act to control discharges of pollutants found in flue gas desulfurization wastewater discharges as part of the new rulemaking, in addition to considering whether revisions to the 2020 Rules requirements applicable to bottom ash transport water and the three subcategories, which are afforded less stringent limits than those otherwise applicable under the Rule, may be warranted.
EPA expects permitting authorities to continue to implement the current regulations while the Agency undertakes a new rulemaking. EPA will determine whether more stringent limitations than those in the 2020 Rule appropriately reflect best available technology economically achievable.
EPA will undertake this rulemaking in accordance with the requirements specified in the Administrative Procedures Act and the Clean Water Act, as required by law.
Radhika Fox, Assistant Administrator.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 705
EPAHQOPPT20200549; FRL790203
OCSPP
RIN 2070AK67
TSCA Section 8a7 Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances; Extension of Comment Period Environmental Protection Agency EPA.
ACTION: Proposed rule; extension of comment period.
AGENCY:
EPA issued a proposed rule in the Federal Register of June 28, 2021, concerning reporting and recordkeeping requirements for Perand Polyfluoroalkyl Substances PFAS
under the Toxic Substances Control Act TSCA. This document extends the comment period for 31 days, from August 27, 2021 to September 27, 2021.
An extension of the comment period was requested by some stakeholders to allow interested parties additional time to thoroughly review and analyze the proposed rules scope and its supporting documents. EPA agrees that a 30-day extension of the comment period is warranted and will respond to comments, including ICR-related comments, in the final rule. Thirty days from August 27, 2021, is September 26, 2021, which is a Sunday; therefore, EPA
is extending the comment period to the following Monday, September 27, 2021.
DATES: Comments must be received on or before September 27, 2021.
ADDRESSES: Submit your comments, identified by docket identification ID
number EPAHQOPPT20200549, using the Federal eRulemaking Portal at http www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with limited exceptions. The staff continues 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:
Stephanie Griffin, Data Gathering and SUMMARY:
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