Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31939

TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued

State citation Title/subject State effective date EPA approval date Additional explanation

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Article 3 (Permits and Permit Revisions)

R18–2–301 ...... Definitions ...... February 1, 2020 ... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021. R18–2–302 ...... Applicability; Registration; Classes March 21, 2017 ..... [INSERT Federal Register Submitted on July 22, 2020. of Permits. CITATION], June 16, 2021. R18–2–302.01 ...... Source Registration Requirements .. February 1, 2020 ... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021.

******* R18–2–304 ...... Permit Application Processing Pro- February 1, 2020 ... [INSERT Federal Register Submitted on July 22, 2020. cedures. CITATION], June 16, 2021. R18–2–306 ...... Permit Contents ...... March 21, 2017 ..... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021. R18–2–306.01 ...... Permits Containing Voluntarily Ac- March 21, 2017 ..... [INSERT Federal Register Submitted on July 22, 2020. cepted Emission Limitations and CITATION], June 16, 2021. Standards.

******* R18–2–317 ...... Facility Changes Allowed Without August 7, 2012 ...... [INSERT Federal Register Submitted on July 22, 2020. Permit Revisions—Class I. CITATION], June 16, 2021. R18–2–317.01 ...... Facility Changes that Require a Per- August 7, 2012 ...... [INSERT Federal Register Submitted on July 22, 2020. mit Revision—Class II. CITATION], June 16, 2021. R18–2–317.02 ...... Procedures for Certain Changes that August 7, 2012 ...... [INSERT Federal Register Submitted on July 22, 2020. Do Not Require a Permit Revi- CITATION], June 16, 2021. sion—Class II. R18–2–319 ...... Minor Permit Revisions ...... March 21, 2017 ..... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021. R18–2–320 ...... Significant Permit Revisions ...... March 21, 2017 ..... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021.

******* R18–2–334 ...... Minor New Source Review ...... February 1, 2020 ... [INSERT Federal Register Submitted on July 22, 2020. CITATION], June 16, 2021.

Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)

******* R18–2–406 ...... Permit Requirements for Sources February 1, 2020 ... [INSERT Federal Register Submitted on July 22, 2020. Located in Attainment and CITATION], June 16, 2021. Unclassifiable Areas.

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* * * * * tribe has jurisdiction, located within the ENVIRONMENTAL PROTECTION State of Arizona. AGENCY ■ 4. In § 52.145, revise paragraph (b) to read as follows: * * * * * [FR Doc. 2021–12431 Filed 6–15–21; 8:45 am] 40 CFR Parts 141 and 142 § 52.145 Visibility protection. BILLING CODE 6560–50–P [EPA–HQ–OW–2017–0300; FRL–10024–33– * * * * * OW] (b) Regulations for visibility new RIN 2040–AG15 source review. The provisions of § 52.28 are hereby incorporated and made part National Primary Drinking Water of the applicable plan for the State of Regulations: Lead and Copper Rule Arizona only for those stationary Revisions; Delay of Effective and sources under the permitting Compliance Dates jurisdiction of the Pima County AGENCY: Environmental Protection Department of Environmental Quality or Agency (EPA). the Maricopa County Air Quality ACTION: Final rule. Department. The provisions of § 52.28 also remain the applicable plan for any SUMMARY: The Environmental Protection Indian reservation lands, and any other Agency (EPA) is delaying until area of Indian country where the EPA or December 16, 2021, the effective date of an Indian tribe has demonstrated that a the National Primary Drinking Water

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Regulations: Lead and Copper Rule I. Purpose of the Regulatory Action and environmental organizations, water Revisions (LCRR), which was published systems, and other organizations. in the Federal Register on January 15, On January 15, 2021, EPA published Stakeholders have a range of concerns 2021. EPA is also delaying the January in the Federal Register the ‘‘National about the LCRR. For example, a primary 16, 2024 compliance date established in Primary Drinking Water Regulation: source of lead exposure in drinking the LCRR to October 16, 2024. The delay Lead and Copper Rule Revisions’’ (86 water is lead service lines. Stakeholders in the effective date is consistent with FR 4198) (LCRR) with an effective date have raised concerns that despite the presidential directives issued on of March 16, 2021, and a compliance significance of this source of lead, the January 20, 2021, to the heads of Federal date of January 16, 2024. On January 20, LCRR fails to require, or create adequate agencies to review certain regulations, 2021, President Biden issued the incentives, for public water systems to including the LCRR. The delay will ‘‘Executive Order on Protecting Public replace all of their lead service lines. In allow sufficient time for EPA to Health and the Environment and addition, stakeholders have raised complete its review of the rule in Restoring Science to Tackle the Climate concerns that portions of many lead accordance with those directives and Crisis.’’ (86 FR 7037, January 25, 2021) service lines are privately owned and conduct important consultations with (Executive Order 13990). Section 1 of disadvantaged homeowners may not be affected parties. The delay in the Executive Order 13990 states that our able to afford the cost of replacing their compliance date of the LCRR ensures nation has an abiding commitment to portion of the lead service line and may that any delay in the effective date will empower our workers and communities; not have this significant source of lead not reduce the time provided for promote and protect our public health exposure removed if their water system does not provide financial assistance. drinking water systems and primacy and the environment; and conserve our Other stakeholders have raised concerns states to take actions needed to assure national treasures and monuments, regarding the significant costs public compliance with the LCRR. places that secure our national memory. Where the Federal Government has water systems and communities would DATES: Effective date: This final rule is failed to meet that commitment in the face to replace all lead service lines. effective December 16, 2021. past, it must advance environmental Based upon information from the Delayed effective date: As of June 16, justice. In carrying out this charge, the Economic Analysis for the Final Lead 2021, the effective date of the final rule Federal Government must be guided by and Copper Rule, EPA estimates that published on January 15, 2021, at 86 FR the best science and be protected by there are between 6.3 and 9.3 million 4198, and then delayed in a rule processes that ensure the integrity of lead service lines nationally and the cost of replacing all of these lines is published March 12, 2021, at 86 FR Federal decision-making. It is, therefore, the policy of the Administration to between $25 and $56 billion. 14003, is furthered delayed until Another key element of the LCRR December 16, 2021. listen to the science, to improve public health and protect our environment, to relates to requiring public water systems Compliance date: The compliance ensure access to clean air and water, to to conduct an inventory of lead service date for the final rule published on limit exposure to dangerous chemicals lines so that systems know the scope of January 15, 2021, at 86 FR 4198, is and pesticides, to hold polluters the problem, can identify potential delayed until October 16, 2024. accountable, including those who sampling locations, and can communicate with households that are ADDRESSES: EPA has established a disproportionately harm communities of or may be served by lead service lines docket for this action under Docket ID color and low-income communities, to to inform them of the actions they may No. EPA–HQ–OW–2017–0300. All reduce greenhouse gas emissions, to bolster resilience to the impacts of take to reduce their risks. Some documents in the docket are listed on stakeholders have raised concerns that the https://www.regulations.gov climate change, to restore and expand our national treasures and monuments, the LCRR’s inventory requirements are website. Although listed in the index, not sufficiently rigorous to ensure that and to prioritize both environmental some information is not publicly consumers have access to useful justice and the creation of the well- available, e.g., confidential business information about the locations of lead paying union jobs necessary to deliver information (CBI) or other information service lines in their community. Other on these goals. Section 2 of Executive whose disclosure is restricted by statute. stakeholders have raised concerns that Order 13990 directs the heads of all Certain other material, such as water systems do not have accurate Federal agencies to immediately review copyrighted material, is not placed on records about the composition of regulations that may be inconsistent the internet and will be publicly privately owned portions of lead service with, or present obstacles to, the policy available only in hard copy form. lines and also concerns about public set forth in Section 1 of Executive Order Publicly available docket materials are water systems publicly releasing available electronically through https:// 13990. The January 20, 2021 White information regarding privately owned www.regulations.gov. House ‘‘Fact Sheet: List of Agency property. Actions for Review,’’ identified the A core component of the LCRR is FOR FURTHER INFORMATION CONTACT: LCRR as an agency action to be maintaining an ‘‘action level’’ of 15 Jeffrey Kempic, Standards and Risk reviewed in conformance with parts per billion (ppb), which serves as Management Division, Office of Ground Executive Order 13990 (https:// a trigger for certain actions by public Water and Drinking Water, U.S. www.whitehouse.gov/briefing-room/ water systems such as lead service line Environmental Protection Agency, 1200 statements-releases/2021/01/20/fact- replacement and public education. The Pennsylvania Ave NW, Mail Code sheet-list-of-agency-actions-for-review/). LCRR did not modify the existing lead 4607M, Washington, D.C. 20460; In conducting its review, EPA will action level but established a 10 ppb telephone number: (202) 564–4880 (TTY carefully consider the concerns raised ‘‘trigger level’’ to require public water 800–877–8339); email address: by stakeholders, including systems to initiate actions to decrease [email protected]. For more disadvantaged communities that have their lead levels and take proactive steps information visit https://www.epa.gov/ been disproportionately impacted, states to remove lead from the distribution dwreginfo/lead-and-copper-rule. that administer national primary system. Some stakeholders support this SUPPLEMENTARY INFORMATION: drinking water regulations, consumer new trigger level, while others argue

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that EPA has unnecessarily complicated seek comment on a separate proposal, not later than two years after the regulation. Some stakeholders also published on March 12, 2021 (86 promulgation of the LCRR (with the suggest that the agency should eliminate FR 14063), to extend the effective date possibility for an extension of up to two the new trigger level and instead lower further to December 16, 2021. EPA years based on certain criteria in EPA’s the 15 ppb action level. explained that the further delay was regulations). After completion of the Some stakeholders have indicated needed to allow the agency adequate stakeholder engagement process, EPA that the agency has provided too much time to conduct a thorough review of will consider whether to let the rule flexibility for small water systems and the complex set of LCRR requirements take effect on December 16, 2021, with that it is feasible for many of the and to assess whether the regulatory a compliance deadline of October 16, systems serving 10,000 or fewer changes are inconsistent with, or 2024, or whether the agency intends to customers to take more actions to present obstacles to, the policy set forth initiate a new rulemaking to withdraw reduce drinking water lead levels than in Section 1 of Executive Order 13990, or modify the LCRR. At that time, EPA those actions under the LCRR. Other and to consult with stakeholders, and states will have greater clarity with stakeholders have highlighted the including those who have been respect to the primary enforcement limited technical, managerial, and historically underserved by, or subject (primacy) application process and financial capacity of small water to discrimination in, Federal policies relevant timeframes. If EPA decides to systems and support the flexibilities and programs prior to the LCRR going withdraw the LCRR before it takes provided by the LCRR to all of these into effect. In the proposal, EPA also effect, then there will be no revised small systems. sought comment on an extension of the regulation that triggers the duty for Stakeholders have divergent views of compliance dates by nine months from primacy agencies to submit a program the school and childcare sampling January 16, 2024, to September 16, revision to EPA since the previous provisions of the LCRR; some believe 2024. regulation (i.e., those regulations that that the sampling should be more The LCRR’s effective date (i.e., when are in place until such time that the extensive, while others do not believe the rule is codified into the Code of LCRR takes effect) will remain in effect. that community water systems should Federal Regulations) is different from If EPA modifies the LCRR, the agency be responsible for provisions and that the compliance dates. Section will establish a new deadline for such a program would be more 1412(b)(10) of the Safe Drinking Water primacy applications as a part of that effectively carried out by the school and Act (SDWA) specifies that drinking regulatory action. If EPA decides to childcare facilities. water regulations shall generally take make no further changes to the rule, the Finally, some stakeholders have effect (i.e., require compliance) three agency intends to use the date on which expressed concerns that the agency did years after the date the regulation is EPA announces that decision in the not provide adequate opportunities for a promulgated.1 This 3-year period is Federal Register—no later than public hearing and did not provide a used by states to adopt laws and December 16, 2021—as the complete or reliable evaluation of the regulations in order to obtain primary promulgation date for the LCRR for costs and benefits of the proposed enforcement responsibility (primacy) for purposes of the primacy revision LCRR. application deadline under 40 CFR In addition, the LCRR has been the rule and by water systems to take any necessary actions to meet the 142.12(b)(1). Accordingly, EPA challenged in court by the Natural recommends that states consider each of Resources Defense Council, Newburgh compliance deadlines in the rule. EPA is extending the January 16, 2024 these possibilities in their planning and Clean Water Project, NAACP, Sierra resource allocation decision-making and Club, United Parents Against Lead, and compliance date in the LCRR by nine months to October 16, 2024, to that states do not submit primacy the Attorneys General of New York, applications to the agency at this time California, Illinois, Maryland, correspond to the delay in the effective date. EPA set the compliance date to because EPA is not expecting to begin Minnesota, New Jersey, Oregon, review of primacy packages until there Pennsylvania, Wisconsin, and the October 16, 2024, to be consistent with its intent, described in the proposal, to is more certainty as to the agency’s path District of Columbia. Those cases have forward on the LCRR. been consolidated in Newburgh Clean provide a full nine month delay, to Water Project, et al. v EPA, No. 21–1019 maintain the same time period between II. Importance of EPA’s Review of the (D.C. Cir.). EPA also received a letter on the effective date and the compliance LCRR for Protection of Public Health March 4, 2021, from 36 organizations date in the LCRR, published on January The impact of lead exposure, and 5 individuals requesting that EPA 15, 2021. EPA expects that the duration including from drinking water, is a suspend the March 16, 2021 effective of the compliance date extension will public health issue of paramount date of the LCRR to review the rule and provide drinking water systems with importance and its adverse effects on initiate a new rulemaking. EPA also adequate time to take actions needed to children and the general population are received a letter on February 4, 2021, assure compliance with the LCRR after serious and well known. For example, from the American Water Works it takes effect. exposure to lead is known to present Association requesting that EPA not EPA recognizes that under Section serious health risks to the brain and delay the rule. 1413(a)(1) and 40 CFR 142.12(b), states nervous system of children. Lead Consistent with Executive Order must submit complete and final requests exposure causes damage to the brain 13990 and the Memorandum for the for approval of program revisions to and kidneys and can interfere with the Heads of Executive Departments and adopt new or revised EPA regulations production of red blood cells that carry Agencies titled, ‘‘Regulatory Freeze oxygen to all parts of the body. Lead has 1 In this action, EPA uses the term ‘‘compliance Pending Review’’ (86 FR 7424, January date’’ to refer to the date water systems must acute and chronic impacts on the body. 28, 2021), EPA decided to review the comply with national primary drinking water The most robustly studied and most LCRR. EPA published a final rule on regulations (referred to as the ‘‘effective date’’ in susceptible subpopulations are the March 12, 2021 (86 FR 14003), which Section 1412(b)(10) of the SDWA) and the term developing fetus, infants, and young ‘‘effective date’’ to refer to when the rule is codified provided for a short delay of the LCRR’s into the Code of Federal Regulations (see Section children. Even low-level lead exposure effective date from March 16, 2021 to 553(d) of the Administrative Procedure Act and 1 is of particular concern to children June 17, 2021, to allow the agency to CFR 18.17). because their growing bodies absorb

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more lead than adults do, and their For example, stakeholders have raised states, water systems, environmental brains and nervous systems are more concerns that, to the extent water and public health organizations, sensitive to the damaging effects of lead. systems rely on homeowners to pay for provided a number of reasons for their EPA estimates that drinking water can replacement of customer-owned support as well as suggestions for how make up 20 percent or more of a portions of lines, lower-income EPA should utilize the additional time. person’s total exposure to lead. Infants homeowners may be unable to afford to Commenters indicated that the delay who consume mostly formula mixed replace lines, resulting in disparate would allow time for the agency to with tap water can, depending on the levels of protection. In addition, a conduct a more thorough and complete level of lead in the system and other higher incidence of renting among review, collect and analyze new data, sources of lead in the home, receive 40 lower-income people may prevent engage with stakeholders, and hold to 60 percent of their exposure to lead residents from removing lines where the public meetings to solicit further from drinking water used in the property owner does not consent or comment on the LCRR as it relates to formula. Scientists have linked lead’s finance replacement of the customer- state and local implementation of effects on the brain with lowered owned portion of the line. Moreover, the drinking water standards, public health intelligence quotient (IQ) and attention crisis in Flint, Michigan, has brought protections, lead in school drinking disorders in children. Young children increased attention to the challenge of water issues, and specifically to listen to and infants are particularly vulnerable lead in drinking water systems across people who are living in communities to lead because the physical and the country. disproportionately affected by exposure behavioral effects of lead occur at lower Prior to EPA’s actions to delay the to lead and underserved communities exposure levels in children than in effective and compliance dates of the suffering from lead-contaminated adults. During pregnancy, lead exposure LCRR, litigants and stakeholders had drinking water about their may affect prenatal brain development. expressed a wide range of concerns recommendations for the rule. Several Lead is stored in the bones and it can about the LCRR’s requirements that commenters urged EPA to suspend the be released later in life. Even at low addressed both the rule’s ability to March 16, 2021 effective date of the levels of lead in blood, there is an protect public health and the LCRR to review the rule and initiate a increased risk of health effects in implementation burden that will be new rulemaking to address issues with children (e.g., less than 5 micrograms placed on systems and states. Specific the rule published in the Federal per deciliter) and adults (e.g., less than components of the rule for which Register on January 15, 2021 at 86 FR 10 micrograms per deciliter). concerns have been raised include: The 4198. Commenters also expressed The 2013 Integrated Science 15 parts per billion (ppb) action level; support for the 9-month compliance Assessment for Lead and the Health and the 10 ppb trigger level; the lead service date extension from the current Human Services National Toxicology line inventory requirements, the lead compliance date of January 16, 2024. Program Monograph on Health Effects of service line replacement requirements; Commenters stated that if the rule’s Low-Level Lead have both documented the flexibility given to small systems; effective date were delayed from March the association between lead and and the sampling of drinking water at 16, 2021, to December 16, 2021, the adverse cardiovascular effects, renal schools and child care facilities. compliance date should be delayed the Given the paramount significance to effects, reproductive effects, same amount of time, ensuring that the public’s health for ensuring that lead immunological effects, neurological utilities do not lose any of the time they in drinking water is adequately effects, and cancer. EPA’s Integrated had been expecting to have available to Risk Information System (IRIS) addressed under the SDWA, and the implement the rule once there is Chemical Assessment Summary concerns raised by litigants and other regulatory certainty. Additional provides additional health effects stakeholders about the LCRR, it is commenters indicated that the information on lead. critically important that EPA’s review of extension of the compliance date would Because of disparities in the quality of the LCRR be deliberate and have the allow resource-constrained systems and housing, community economic status, benefit of meaningful engagement with communities needed time to implement and access to medical care, lead in the affected public, including the regulatory requirements of the LCRR drinking water (and other media) overburdened and underserved in general, and more specifically, the disproportionately affects lower-income communities disproportionately lead service line (LSL) inventory and people. Minority and low-income affected by exposure to lead, prior to the school and child care facility children are more likely to live in rule going into effect. proximity to lead-emitting industries monitoring requirements. Two and to live in urban areas, which are III. Summary of Public Comments on commenters indicated that the more likely to have contaminated soils, the Extension of the Effective and compliance date should be delayed as contributing to their overall exposure. Compliance Dates of the LCRR and long as possible. Additionally, non-Hispanic black EPA’s Responses EPA agrees with commenters that individuals are more than twice as In the proposed rulemaking, EPA support a delay of the effective date of likely as non-Hispanic whites to live in solicited public comment on ‘‘the the LCRR to December 16, 2021. This moderately or severely substandard duration of the effective date and time is necessary and sufficient to housing, which is more likely to present compliance date extensions and accommodate a thorough review of the risks from deteriorating lead based whether the compliance date extension requirements of the LCRR and engage paint. The disparate exposure to all should apply to the entire LCRR or with a wide range of stakeholders, sources of environmental lead certain components of the final rule.’’ A including disproportionally affected and experienced by low-income and summary of the comments received on underserved communities on the issue minority populations may be the extensions, as well as the agency’s of controlling lead in drinking water. exacerbated because of their more responses is provided in this section. The additional 6-month delay of the limited resources for remediating lead The majority of commenters June 17, 2021 effective date to December service lines, which if present in a expressed support for the delay of the 16, 2021, is necessary to develop, home, can be a significant source of lead effective and compliance dates of the publicize, and implement a public exposure. LCRR. These commenters, representing engagement process that accommodates

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the significant and widespread public compliance obligations that could implementation of selected portions of interest in this rulemaking, coupled change at the end of EPA’s review the rule during EPA’s review of the with the time needed to compile and period. To avoid imposing unnecessary entire rule would be both impractical evaluate input received during the costs on water systems and states, and and inconsistent with the agency’s public engagement process and make a to allow systems and states sufficient stated intention to re-evaluate the LCRR decision as to whether to let the LCRR time to prepare for compliance once in light of stakeholder input on the as published take effect or initiate a regulatory certainty has been achieved, entire LCRR. Moreover, as explained in rulemaking to withdraw or modify the EPA has determined to delay both the the proposal, stakeholders have raised rule. EPA is currently implementing a effective and compliance dates of the concerns with nearly all aspects of the public engagement plan that includes LCRR to December 16, 2021, and LCRR, including the LSL inventory public listening sessions, community, October 16, 2024, respectively. requirements. Therefore, EPA has tribal, and stakeholder roundtables, and EPA received a small number of determined to delay the effective date a co-regulator meeting in addition to comment letters that, in general, and all of the compliance dates in the receiving written public comment on supported a delay in the effective date rule at this time. the LCRR as part of its engagement and compliance dates, but did not want EPA received a total of four comment process. EPA believes that the extension the agency to delay the implementation letters indicating opposition to the of the effective date to December 16, of some of the regulatory requirements extensions of the effective and 2021, is sufficient for the review of the they felt would increase public health compliance dates, and an additional two LCRR in accordance with Executive protection. These commenters indicated that did not explicitly support or oppose Order 13990. that the following improvements could the delay in the effective and EPA also agrees with commenters that be implemented during EPA’s compliance dates of the LCRR. In support the 9-month delay of the reconsideration of the other aspects of general, the commenters opposing the compliance date. The SDWA typically the LCRR: The LSL inventory extensions stated that delaying the provides a 3-year time period for requirements, improved corrosion effective and compliance dates would drinking water systems and states to control treatment requirements, and delay the public health improvements assure compliance with new or revised strengthened monitoring provisions, that would be achieved with drinking water standards. If the including provisions that would prevent implementing the LCRR, in part or in compliance date is not delayed, systems sampling that is likely to underestimate total, as finalized on January 15, 2021. and states would expend resources now the actual lead levels in drinking water. to assure compliance with the LCRR by Other commenters indicated that any The comments opposing a delay in January 16, 2024, particularly given the delay to the LCRR effective date and the compliance deadline include the significant effort required to develop the compliance date must apply to the following, from the Association of LSL inventory, LSL replacement plan, entire LCRR given the interrelated Metropolitan Water Agencies (AMWA), and to re-evaluate the tap sampling nature of the different aspects of the which stated that it ‘‘has concerns that locations used in their sampling pool, rule. According to these commenters, EPA’s proposal to delay the effective all of which are required before the having the compliance date extension date . . . would postpone the compliance date and underpin the apply to the LCRR in its entirety will significant public health improvements implementation of the larger simplify communication, reduce that will be achieved by implementing requirements of the LCRR. EPA complexity and confusion, improve the rule as finalized.’’ They go on to estimated in the economic analysis of compliance by the regulated state, ‘‘the benefits of this [delay] must the final LCRR that systems and states community, and provide additional be weighed against the costs of would spend between $57–60 million, time to obtain the data management postponing the public health in 2016 dollars, in the first year tools and resources required to improvements that will be achieved following promulgation of the rule, implement the rule. when water systems begin to comply working towards compliance by January Because there is only one effective with the final rule in its current form.’’ 16, 2024. The majority of these funds date for the LCRR, it can take effect or AMWA identifies the customer-initiated are spent by systems to read and be withdrawn only in its entirety. EPA LSL replacement provision, the LSL understand the new regulatory cannot selectively allow some aspects of inventory, and the school and child-care requirements, develop implementation the rule to become effective in advance testing provisions as public health plans, train staff, and participate in of other parts of the rule without improvements that would be postponed trainings and technical assistance undertaking a separate notice and by a delay of the rule effective and interactions with the states; and by comment rulemaking. While EPA could compliance dates. Also, the Kentucky states to adopt the rule and develop the establish different compliance dates for and Tennessee Water Utility Councils changes needed to their implementation different parts of the LCRR as part of a (KY/TN WUC) of the American Water programs, modify their data systems, notice and comment rulemaking, the Works Association stated that they ‘‘are provide training to their staff, and agency has determined not to do so at concerned that extending the dates of provide training and technical this time because it would pre- the Rule could delay the enhanced assistance to the regulated systems. determine the outcome of the public awareness, detection, communication, If EPA determines to initiate a stakeholder process, create confusion and elimination of potential lead rulemaking to withdraw the LCRR or for implementing authorities and exposure in communities.’’ Another significantly revise it as a result of the regulated entities, impose potentially public commenter opposed the effective Executive Order 13990 review process, unnecessary costs, and undermine the and compliance date extensions, then these compliance expenditures re-evaluation process by diverting arguing that EPA should instead might be unnecessary to comply with agency and stakeholder resources that simultaneously implement and revise applicable regulatory requirements. would otherwise be devoted to the re- the LCRR because of certain aspects of Without a delay in the effective and evaluation process. EPA is currently the rule that the commenter claims compliance dates of the rule, states and seeking input on all aspects of the rule ‘‘would provide immediate public regulated entities may make decisions as part of the stakeholder engagement health benefits’’—such as the LSL and spend scarce resources on process. To proceed with inventory and associated public

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notification requirements, as well as effective and compliance dates be water regulatory action. Second, the changes in the sampling requirements. extended in an amount commensurate information gained by the agency from Similarly, one anonymous commenter with the additional time used for listening to the public and communities argued that to delay the rule is stakeholder outreach. AWWA noted that that have been dealing with lead in tantamount to repeal of the rule and that the ‘‘[u]ncertainty . . . which is drinking water issues across the country EPA has not analyzed the effects on naturally generated through will provide EPA with new information human health of the delay that the reconsideration efforts’’ will make it that will help in the development of LCRR was designed to benefit, or difficult for public water systems to more effective implementation guidance considered why it is worth forgoing the prepare for compliance and make for the LCRR or any future revisions of benefits of the rule for nine months in investments needed to meet the the LCRR. Information gathered from exchange for evaluation of the LCRR interrelated requirements of the rule, as this process may be especially useful for which, the commenter claims, could be such efforts may prove to be wasted or the guidance on developing the initial done without delaying the compliance wasteful if the Rule ultimately changes LSL inventory and the LSL replacement dates. The commenter also claims that in its particulars.’’ Accordingly, AWWA plan. Third, the delay of the effective EPA has failed to provide a meaningful requests that ‘‘all extensions to the date, to engage with communities, will opportunity for the public to comment effective date of the LCRR and any allow the agency to potentially develop ‘‘[b]ecause of these substantive subsequent agency activity that seeks to future regulatory revisions to the Lead oversights, including the failure to change the LCRR should be and Copper Rule, consistent with consider the merits of the LCRR and the accompanied by an extension to the Executive Order 13990, that will be deficiencies of the preexisting compliance timeframes.’’ AMWA, more effective at reducing the lead in requirements in its proposal that would though opposing the delays in the LCRR drinking water in real world allow those preexisting requirements to implementation, also expressed support communities and better at targeting remain in effect for a longer period of for an extension of the compliance dates disadvantaged underserved time.’’ by nine months if EPA delays the June communities. The KY/TN WUC opposed the delay 17, 2021 effective date of the rule. EPA’s economic analysis of the LCRR of the LCRR effective and compliance For reasons discussed in the proposal supports the conclusion that the dates, noting that EPA has already and this action, EPA disagrees with the relatively-short delay in the effective conducted extensive outreach during commenters asserting that the LCRR, as date and compliance dates for this rule, the development of the LCRR, stating, published on January 15, 2021, at 86 FR ‘‘EPA’s thorough and extensive review 4198, should take effect on June 17, in particular, will not significantly and stakeholder engagement process 2021. EPA provided a reasoned reduce the benefits of the LCRR. The resulted in a final Rule that strengthens explanation in the proposal for the economic analysis of the final LCRR every aspect of the current rule and delayed effective and compliance dates estimated that the annual total accelerates actions that can reduce lead while the agency conducts this re- incremental cost of the regulatory in drinking water.’’ This concept of EPA evaluation. The explanation identified requirements, in 2016 dollars, would having already conducted extensive EPA’s concern that water systems and range from $161 to $335 million at the outreach was echoed by AMWA, noting states could unnecessarily expend 3 percent discount rate, and $167 to that the agency ‘‘has been discussing significant resources on compliance $372 million at the 7 percent discount options for the rule with these with a rule that may ultimately be rate. The annual total incremental communities, other stakeholders, and withdrawn or substantially modified monetized benefits, in 2016 dollars, of the public since at least 2010.’’ and, which many commenters have the final rule were estimated to be However, AMWA ‘‘agrees that urged, may not be a sufficient between $223 to $645 million, at a 3 engagement with at-risk communities is improvement in public health percent discount rate, and $39 to $119 critical.’’ The commenter opposing the protection in comparison to the existing million at the 7 percent discount rate. delay and arguing that EPA should protection of the LCR, or even possibly The delay of the original compliance simultaneously implement and revise reduce public health protections. date, of January 16, 2024, by nine the LCRR, also expressed support for This action will enable EPA to engage months pushes back in time both the EPA’s effort to seek additional with communities, stakeholders, tribes, cost born by complying entities and the stakeholder input on the LCRR. Another and states to gather more information monetized benefits received by the comment letter, from the American about their concerns with the LCRR and public as a result of lower lead levels in Water Works Association (AWWA) to share information about actions that drinking water, by nine months, recommended that EPA consider the can reduce drinking water lead assuming all other environmental and extensive outreach that the agency has exposure. The LCRR virtual engagement regulatory conditions remain the same. already conducted on the LCRR. process is providing benefits in three EPA selected the conservative EPA received two comment letters ways. First, the engagement is assumption of modeling a one year that did not explicitly support or oppose increasing public and community delay in the regulatory costs and the delay in the effective and awareness of the potential harmful benefits impacts. The estimated annual compliance dates of the LCRR. One health effects of lead and the ways total incremental cost of the rule given comment letter, jointly signed by the individuals and communities may the one-year delay ranged from $153 to U.S. Conference of Mayors, the National proactively reduce their exposure. $320 million, at the 3 percent discount League of Cities, and the National Because the effective implementation of rate, and $155 to $346 million at the 7 Association of Counties, indicated that drinking water lead reduction percent discount rate, in 2016 dollars. the LCRR as published on January 15, requirements, such as LSL replacement, The monetized annual incremental 2021, at 86 FR 4198 ‘‘satisfactorily depends on the actions of both water benefits, in 2016 dollars, given a one- addressed the local government systems and private citizens, the year delay of the compliance date would perspective in both protecting public increased awareness fostered by EPA’s range from $213 to $616 million, at the health and reducing lead contamination LCRR review outreach activities will 3 percent discount rate, and $37 to $111 of drinking water.’’ Another comment improve the implementation of the million at the 7 percent discount rate. letter from AWWA requests that the LCRR and/or a future lead in drinking The estimated change in the monetized

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incremental annualized social costs and potentially unnecessary costs, and imposing these potentially unnecessary benefits of the delay in the compliance undermine the re-evaluation process by costs on water systems and states, and date are approximately of equal size diverting EPA and stakeholder resources to allow systems and states sufficient over the 35-year period of analysis ($7 that would otherwise be devoted to the time to prepare for compliance once to $27 million for costs and $3 to $29 re-evaluation process. Moreover, as regulatory certainty has been achieved. million for benefits in 2016 dollars), but, explained in the proposal, stakeholders EPA has complied with the applicable as previously discussed, the expected have raised concerns with nearly all Administrative Procedure Act and first year (post rule effective date) aspects of the LCRR, including the LSL SDWA requirements for this rule. If EPA expenditures by systems and states inventory requirements. Accordingly, decides that further regulatory changes would be between $57–60 million, in EPA has determined that this approach, are necessary, EPA will comply with the 2016 dollars. These first-year to let the rule take effect while applicable requirements of the expenditures to prepare for regulatory postponing compliance dates for some Administrative Procedure Act and the compliance with the LCRR could be aspects of the rule, is not appropriate at SDWA, and conform to the relevant unnecessary if EPA determines to this time. EOs, including EOs 13132 and 13175, initiate a rulemaking to withdraw or EPA agrees that in developing the regarding federalism and tribal significantly revise the LCRR as a result LCRR it has already conducted consultations, respectively. Many commenters on the proposal to of the Executive Order 13990 review extensive stakeholder engagements. extend the effective and compliance process. The estimated first year (post However, to the extent commenters are dates also provided input on all aspects rule effective date) benefits are zero suggesting that additional stakeholder of the LCRR, including the action and given that the regulatory requirements input is not warranted at this time, the trigger levels, LSL inventories, LSL that produce monetized benefits are not agency disagrees. EPA did not conduct implemented until the compliance date replacement requirements, as well as any public meetings on the LCRR the requirements for optimal corrosion three years after the effective date. revisions in the two years prior to Moreover, EPA notes that there is an control treatment, tap sampling, public promulgation of the final rule, which existing National Primary Drinking education and notification, and school includes the time period between the Water Rule, the Lead and Copper Rule, sampling, and EPA’s compliance with proposal and the final rule. Similarly, in that will continue to provide public both the substantive and procedural the two years preceding promulgation of health protection and benefits during requirements for promulgation of a the final rule, EPA did not conduct any this short delay in the most recent revised drinking water regulation. The revisions to that rule. Water systems targeted meetings to get input on the extent and breadth of these comments will continue to implement the LCR, proposed revisions from communities demonstrates the significant concern which includes requirements to monitor historically underserved by, or subject that stakeholders, from a range of for lead and optimize corrosion control to discrimination in, Federal policies perspectives, have with the LCRR and treatment. and programs, or those communities the procedures EPA followed in Given the relatively small impact to that have been significantly affected by promulgating the rule. EPA appreciates the stream of monetized social costs and lead in drinking water. The information this input on the LCRR and is benefits over the 35-year period of shared by these communities could considering these comments as part of analysis, which has the potential to prove to be valuable in understanding its re-evaluation process. dramatically change based on the results potential rule implementation issues IV. Final Rule Revisions of EPA’s Executive Order 13990 review that could lead to improved and more process, the significant and potentially effective LCRR requirements and This final rule extends the effective unnecessary implementation expenses implementation guidance. As discussed date of the National Primary Drinking estimated in the first year following the previously, EPA agrees with Water Regulations: Lead and Copper original effective date, of March 16, commenters that the delay of the Rule Revisions (LCRR) to December 16, 2021; the need to provide systems and effective date warrants a delay in the 2021. This rule also extends the states sufficient time to prepare for compliance dates for the rule. EPA’s re- compliance date to October 16, 2024. compliance; the potential positive gains evaluation of the LCRR creates The significant factual, legal, and to implementation and collection of regulatory uncertainty during the 3-year policy issues identified by stakeholders new information; and, the existing time period typically provided for and litigants, and summarized in safeguards to protect against lead drinking water systems and states to Section II of this document, warrant contamination in drinking water, EPA assure compliance with new or revised careful and considerate review of the has determined to delay both the drinking water standards. If the rule, as well as relief from the effective and compliance dates of the compliance date is not delayed, systems compliance deadlines as EPA considers LCRR to December 16, 2021, and and states would expend resources now, these issues. After publication of the October 16, 2024, respectively. to assure compliance with the LCRR by final National Primary Drinking Water EPA also disagrees with those January 16, 2024. EPA estimated in the Regulation, states and water systems commenters that suggested EPA let the economic analysis of the final LCRR that commence activities to achieve LCRR take effect on June 17, 2021, and systems and states would spend compliance with the rule by the then initiate a process to revise it. between $57–60 million, in 2016 deadline established in the LCRR based Although EPA carefully considered dollars, in the first year following on the requirements of Section whether to allow the rule to take effect promulgation of the rule working 1412(b)(10) of the SDWA. Under the on June 17, 2021, while postponing the towards compliance. If EPA were to final rule promulgated on January 15, compliance dates for only certain initiate a rulemaking to withdraw or 2021, water systems will begin the aspects of the rule, EPA has determined significantly revise the LCRR, then these actions to prepare LSL inventories, and, not to do so at this time because it compliance expenditures would be as appropriate, to prepare LSL would pre-determine the outcome of the unnecessary to comply with applicable replacement plans. The postponement public stakeholder process, create regulatory requirements. Therefore, EPA of compliance dates through this action confusion for implementing authorities is delaying the compliance date of the is intended as a stopgap measure to and regulated entities, impose LCRR to October 16, 2024, to avoid prevent the unnecessary expenditure of

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resources by water systems on those for good cause pursuant to APA Section substantial number of small entities if efforts until EPA completes its review of 553(d)(3) where an agency can ‘‘balance the rule relieves regulatory burden, has the LCRR and can provide some the necessity for immediate no net burden or otherwise has a certainty that the regulatory implementation against principles of positive economic effect on the small requirements will not be changed. fundamental fairness, which require entities subject to the rule. This action Without a delay in the effective and that all affected persons be afforded a delays compliance with the regulatory compliance dates of the rule, regulated reasonable amount of time to prepare for requirements of the LCRR and does not entities may make decisions and spend the effective date of its ruling.’’ impose any additional requirements on scarce resources on compliance Gavrilovic, 551 F.2d at 1105. either large or small entities. EPA has obligations that could change at the end EPA has determined that this final therefore concluded that this action will of EPA’s review period. rule is effective immediately upon have no net regulatory burden for all Section 1412(b)(9) of the SDWA publication because it relieves a directly regulated small entities. authorizes EPA to review and revise restriction by extending the effective D. Unfunded Mandates Reform Act national primary drinking water rules date and compliance deadlines of the (UMRA) ‘‘as appropriate’’ and directs that any LCRR, thereby providing water systems revision ‘‘shall maintain, or provide for with additional time to come into This action does not contain any greater, protection of the health of compliance. In addition, there is good unfunded mandate as described in persons.’’ 42 U.S.C. 300g–1(b)(9). This cause for immediate implementation of UMRA, 2 U.S.C. 1531–1538, and does delay is consistent with EPA’s exercise these provisions because, as previously not significantly or uniquely affect small of this discretionary authority to revise explained, the impact of this rule is to governments. The action imposes no its drinking water rules. ensure that water systems do not enforceable duty on any state, local or EPA will engage with stakeholders unnecessarily expend resources to come tribal governments or the private sector. during this time period to evaluate the into compliance with the LCRR until E. Executive Order 13132: Federalism rule and determine whether to initiate a EPA concludes its review and process to revise components of the stakeholder engagement process and This action does not have federalism rule. If EPA decides to withdraw the makes a decision as to whether to revise implications. It will not have substantial LCRR, the agency will propose, take the LCRR in whole or in part or to let direct effects on the states, on the comment on, and issue a withdrawal it take effect as published on January 15, relationship between the National prior to December 16, 2021. If EPA 2021. Government and the states, or on the decides it is appropriate to modify the distribution of power and LCRR, it will consider whether those VI. Statutory and Executive Order responsibilities among the various modifications warrant further Reviews levels of government. extensions to compliance dates for the A. Executive Order 12866: Regulatory F. Executive Order 13175: Consultation requirements that will be modified to Planning and Review and Executive provide time to promulgate those and Coordination With Indian Tribal Order 13563: Improving Regulation and revisions before water systems and Governments Regulatory Review states must take actions to comply. If This action does not have tribal EPA decides to revise the LCRR, the This action is a significant regulatory implications as specified in Executive agency will follow the requirements of action that was submitted to the Office Order 13175. The Executive order the SDWA and other applicable statues of Management and Budget (OMB) for defines tribal implications as ‘‘actions and EOs to propose and promulgate review. Any changes made in response that have substantial direct effects on those revisions. to OMB recommendations have been one or more Indian Tribes, on the documented in the docket. relationship between the Federal V. Compliance With the Administrative Government and Indian Tribes, or on Procedure Act B. Paperwork Reduction Act (PRA) the distribution of power and Section 553(d) of the Administrative This action does not impose any new responsibilities between the Federal Procedure Act (APA), 5 U.S.C. Chapter information collection burden under the Government and Indian Tribes.’’ The 5, generally provides that rules may not PRA. OMB has previously approved the delay of the effective and compliance take effect until 30 days after they are information collection activities dates of the LCRR until December 16, published in the Federal Register. The contained in the existing regulations 2021 and October 16, 2024, respectively, purpose of this APA provision is to and has assigned OMB control number will not have a substantial direct effect ‘‘give affected parties a reasonable time 2040–0204. This action delays of the on one or more tribes, change the to adjust their behavior before the final effective and compliance dates of the relationship between the Federal rule takes effect.’’ Omnipoint Corp. v. LCRR until December 16, 2021 and Government and tribes, or affect the Fed. Commc’n Comm’n, 78 F.3d 620, October 16, 2024, respectively, and does distribution of power and 630 (D.C. Cir. 1996); see also United not alter any of the information responsibilities between the Federal States v. Gavrilovic, 551 F.2d 1099, collection activities required under the Government and Indian Tribes. Thus, 1104 (8th Cir. 1977) (quoting legislative LCRR. Executive Order 13175 does not apply history). However, when an agency to this action. grants or recognizes an exemption or C. Regulatory Flexibility Act (RFA) relieves a restriction, affected parties do EPA certifies that this action will not G. Executive Order 13045: Protection of not need a reasonable time to adjust have a significant economic impact on Children From Environmental Health because the effect is not adverse. Thus, a substantial number of small entities Risks and Safety Risks APA Section 553(d) allows an effective under the RFA. In making this EPA interprets Executive Order 13045 date less than 30 days after publication determination, the impact of concern is as applying only to those regulatory for any rule that ‘‘grants or recognizes any significant adverse economic actions that are economically an exemption or relieves a restriction’’ impact on small entities. An agency may significant, per the definition of (see 5 U.S.C. 553(d)(1)). An accelerated certify that a rule will not have a ‘‘covered regulatory action’’ in Section effective date may also be appropriate significant economic impact on a 2–202 of the Executive order. This

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action is not subject to Executive Order Enforcement Fairness Act of 1996 (also § 141.84 Lead service line inventory and 13045 because the delays of the effective known as the Congressional Review Act replacement requirements. and compliances dates, until December or CRA), and EPA will submit a rule (a) * * * 16, 2021 and October 16, 2024, report to each House of the Congress (1) All water systems must develop an respectively, do not have a significant and to the Comptroller General of the initial inventory by October 16, 2024, economic impact. United States. The Office of Information and submit it to the primacy agency in and Regulatory Affairs has determined accordance with § 141.90(e). H. Executive Order 13211: Actions that this action is not a ‘‘major rule’’ as Concerning Regulations That * * * * * defined by 5 U.S.C. 804(2). Significantly Affect Energy Supply, (b) Lead service line replacement Distribution, or Use List of Subjects in 40 CFR Part 141 plan. All water systems with one or more lead, galvanized requiring This action is not a ‘‘significant Environmental protection, Copper, replacement, or lead status unknown energy action’’ because it is not likely to Drinking water, Indians—lands, service lines in their distribution system have a significant adverse effect on the Intergovernmental relations, Lead, Lead must, by October 16, 2024, submit a supply, distribution or use of energy. service line, Reporting and lead service line replacement plan to the EPA has concluded that the delay of the recordkeeping requirements, Water State in accordance with § 141.90(e). effective and compliance dates of the supply. The lead service line replacement plan LCRR, which were published in the Michael S. Regan, must be sufficiently detailed to ensure Federal Register on January 15, 2021, Administrator. a system is able to comply with the lead until December 16, 2021 and October service line replacement requirements 16, 2024, respectively, is not likely to For the reasons stated in the in accordance with this section. The have adverse energy effects. This preamble, the Environmental Protection plan must include a description of: conclusion is based on the fact that Agency amends 40 CFR part 141 as * * * * * delaying the regulatory requirements of follows: ■ the LCRR will reduce near term demand 4. Amend § 141.86 by revising for energy commodities that would be PART 141—NATIONAL PRIMARY paragraphs (d)(1)(i) and (d)(1)(ii) required to install and operate corrosion DRINKING WATER REGULATIONS introductory text to read as follows: control equipment, remove LSLs, or ■ 1. The authority citation for part 141 § 141.86 Monitoring requirements for lead produce and deliver public education continues to read as follows: and copper in tap water. materials. Authority: 42 U.S.C. 300f, 300g–1, 300g–2, * * * * * I. National Technology Transfer and 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, (d) * * * Advancement Act (NTTAA) 300j–9, and 300j–11. (1) * * * (i) All water systems with lead service This rulemaking does not involve ■ 2. Amend § 141.80 by revising lines, including those deemed technical standards. paragraphs (a)(2) through (4) to read as follows: optimized under § 141.81(b)(3), and J. Executive Order 12898: Federal systems that did not conduct monitoring Actions to Address Environmental § 141.80 General requirements. that meets all requirements of this Justice in Minority Populations and (a) * * * section (e.g., sites selected in Low-Income Populations (2) The requirements of this subpart accordance with paragraph (a) of this EPA believes that it is not feasible to are effective as of December 16, 2021. section, samples collected in accordance determine whether this action has (3) Community water systems and with paragraph (b) of this section, etc.) disproportionately high and adverse non-transient, non-community water between January 15, 2021, and October effects on minority populations, low- systems must comply with the 16, 2024, must begin the first standard income populations and/or indigenous requirements of this subpart no later monitoring period on January 1 or July peoples, as specified in Executive Order than October 16, 2024, except where 1 in the year following October 16, 12898 (59 FR 7629, February 16, 1994). otherwise specified in §§ 141.81, 141.84, 2024, whichever is sooner. Upon The purpose of this rule is to extend 141.85, 141.86, and 141.90, or where an completion of this monitoring, systems effective date of the LCRR to December exemption in accordance with 40 CFR must monitor in accordance with 16, 2021, to allow EPA to conduct a part 142, subpart C or F, has been paragraph (d)(1)(ii) of this section. review of the LCRR, under Executive established by the Administrator. (ii) Systems that conducted Order 13990, and consult with (4)(i) Between December 16, 2021, monitoring that meets all requirements stakeholders, including those who have and October 16, 2024, community water of this section (e.g., sites selected in been historically underserved by, or systems and non-transient, non- accordance with paragraph (a) of this subject to discrimination in, Federal community water systems must comply section, samples collected in accordance policies and programs prior to the LCRR with 40 CFR 141.80 through 141.91, as with paragraph (b) of this section, etc.) going into effect. Because EPA is still in codified on July 1, 2020. between January 15, 2021, and October (ii) If an exemption from subpart I of the collection process of potentially 16, 2024, and systems that have this part has been issued in accordance significant environmental justice completed monitoring under paragraph with 40 CFR part 142, subpart C or F, information on the distributional (d)(1)(i) of this section, must continue prior to December 16, 2021, then the impacts of drinking water lead-related monitoring as follows: water systems must comply with 40 regulatory requirements, it is not * * * * * CFR 141.80 through 141.91, as codified feasible to determine with certainty the ■ 5. Amend § 141.90 by revising on July 1, 2020, until the expiration of impact of the delay of the effective and paragraphs (e)(1) and (2) to read to read that exemption. compliance dates of the LCRR. as follows: * * * * * K. Congressional Review Act (CRA) ■ 3. Amend § 141.84 by revising § 141.90 Reporting requirements. This action is subject to Subtitle E of paragraphs (a)(1) and (b) introductory * * * * * the Small Business Regulatory text to read as follows: (e) * * *

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(1) No later than October 16, 2024, the is open from 8:30 a.m. to 4:30 p.m., proper receipt by EPA, you must water system must submit to the State Monday through Friday, excluding legal identify docket ID number EPA–HQ– an inventory of service lines as required holidays. The telephone number for the OPP–2016–0073 in the subject line on in § 141.84(a). Public Reading Room is (202) 566–1744, the first page of your submission. All (2) No later than October 16, 2024, and the telephone number for the OPP objections and requests for a hearing any water system that has inventoried a Docket is (703) 305–5805. must be in writing and must be received lead service line, galvanized requiring Due to the public health concerns by the Hearing Clerk on or before replacement, or lead status unknown related to COVID–19, the EPA Docket August 16, 2021. Addresses for mail and service line in its distribution system Center (EPA/DC) and Reading Room is hand delivery of objections and hearing must submit to the State, as specified in closed to visitors with limited requests are provided in 40 CFR § 141.84(b), a lead service line exceptions. The staff continues to 178.25(b). replacement plan. provide remote customer service via In addition to filing an objection or * * * * * email, phone, and webform. For the hearing request with the Hearing Clerk [FR Doc. 2021–12600 Filed 6–15–21; 8:45 am] latest status information on EPA/DC as described in 40 CFR part 178, please BILLING CODE 6560–50–P services and docket access, visit https:// submit a copy of the filing (excluding www.epa.gov/dockets. any Confidential Business Information FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. ENVIRONMENTAL PROTECTION Charles Smith, Biopesticides and Information not marked confidential AGENCY Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be Office of Pesticide Programs, disclosed publicly by EPA without prior 40 CFR Part 180 Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your [EPA–HQ–OPP–2016–0073; FRL–10023–91] Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified 20460–0001; main telephone number: by docket ID number EPA–HQ–OPP– Purpureocillium Lilacinum Strain PL11; (703) 305–7090; email address: 2016–0073, by one of the following Exemption From the Requirement of a [email protected]. methods: Tolerance SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online AGENCY: Environmental Protection I. General Information instructions for submitting comments. Agency (EPA). A. Does this action apply to me? Do not submit electronically any ACTION: Final rule. information you consider to be CBI or You may be potentially affected by other information whose disclosure is SUMMARY: This regulation establishes an this action if you are an agricultural restricted by statute. exemption from the requirement of a producer, food manufacturer, or • Mail: OPP Docket, Environmental tolerance for residues of pesticide manufacturer. The following Protection Agency Docket Center (EPA/ Purpureocillium lilacinum strain PL11 list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. in or on all food commodities when Classification System (NAICS) codes is used in accordance with label directions NW, Washington, DC 20460–0001. not intended to be exhaustive, but rather • and good agricultural practices. LAM provides a guide to help readers Hand Delivery: To make special International Corporation submitted a determine whether this document arrangements for hand delivery or petition to EPA under the Federal Food, applies to them. Potentially affected delivery of boxed information, please Drug, and Cosmetic Act (FFDCA), entities may include: follow the instructions at http:// requesting an exemption from the • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. requirement of a tolerance. This • Animal production (NAICS code Additional instructions on commenting regulation eliminates the need to 112). or visiting the docket, along with more establish a maximum permissible level • Food manufacturing (NAICS code information about dockets generally, is for residues of Purpureocillium 311). available at http://www.epa.gov/ lilacinum strain PL11 under FFDCA • Pesticide manufacturing (NAICS dockets. when used in accordance with this code 32532). II. Background exemption. B. How can I get electronic access to In the Federal Register of August 24, DATES: This regulation is effective June other related information? 2018 (83 FR 42818) (FRL–9982–37), 16, 2021. Objections and requests for You may access a frequently updated EPA issued a document pursuant to hearings must be received on or before electronic version of 40 CFR part 180 FFDCA section 408(d)(3), 21 U.S.C. August 16, 2021, and must be filed in through the Government Publishing 346a(d)(3), announcing the filing of a accordance with the instructions Office’s pesticide tolerance petition (PP 8F8690) provided in 40 CFR part 178 (see also e-CFR site at http://www.ecfr.gov/cgi- by LAM International Corporation, 117 Unit I.C. of the SUPPLEMENTARY bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/ South Parkmont St., Butte, MT 59701. INFORMATION). Title40/40tab_02.tpl. The petition requested that 40 CFR part ADDRESSES: The docket for this action, 180 be amended by establishing an identified by docket identification (ID) C. How can I file an objection or hearing exemption from the requirement of a number EPA–HQ–OPP–2016–0073, is request? tolerance for residues of available at http://www.regulations.gov Under FFDCA section 408(g), 21 Purpureocillium lilacinum strain PL11 or at the Office of Pesticide Programs U.S.C. 346a(g), any person may file an in or on all food commodities. That Regulatory Public Docket (OPP Docket) objection to any aspect of this regulation document referenced a summary of the in the Environmental Protection Agency and may also request a hearing on those petition prepared by the petitioner LAM Docket Center (EPA/DC), West William objections. You must file your objection International Corporation, which is Jefferson Clinton Bldg., Rm. 3334, 1301 or request a hearing on this regulation available in the docket via http:// Constitution Ave. NW, Washington, DC in accordance with the instructions www.regulations.gov. One comment was 20460–0001. The Public Reading Room provided in 40 CFR part 178. To ensure received on the notice of filing. EPA’s

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