Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions, 1932-1938 [2017-28234]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[FRL–9968–33–OP]
Fall 2017 Unified Agenda of Regulatory
and Deregulatory Actions
Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
AGENCY:
The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-Agenda)
at https://www.reginfo.gov and at
www.regulations.gov to update the
public. This document contains
information about:
• Regulations in the semiannual
regulatory agenda that are under
development, completed, or canceled
since the last agenda; and
• Reviews of regulations with small
business impacts under Section 610 of
the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the semiannual
regulatory agenda, please contact: Caryn
Muellerleile (muellerleile.caryn@
epa.gov; 202–564–2855).
SUMMARY:
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Table of Contents
I. Introduction
A. EPA’s Regulatory Information
B. What key statutes and Executive Orders
guide EPA’s rule and policymaking
process?
C. How can you be involved in EPA’s rule
and policymaking process?
II. Semiannual Regulatory Agenda
A. What actions are included in the EAgenda and the Regulatory Flexibility
agenda?
B. How is the E-Agenda organized?
C. What information is in the Regulatory
Flexibility agenda and the E-Agenda?
D. What tools are available for mining
Regulatory Agenda data and for finding
more about EPA rules and policies?
III. Review of Regulations under 610 of the
Regulatory Flexibility Act
A. Reviews of Rules with Significant
Impacts on a Substantial Number of
Small Entities
B. What other special attention does EPA
give to the impacts of rules on small
businesses, small governments, and
small nonprofit organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
I. Introduction
EPA is committed to a regulatory
strategy that effectively achieves the
Agency’s mission of protecting the
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environment and the health, welfare,
and safety of Americans while also
supporting economic growth, job
creation, competitiveness, and
innovation. EPA publishes the
Semiannual Regulatory Agenda to
update the public about regulatory
activity undertaken in support of this
mission. In the Semiannual Regulatory
Agenda, EPA provides notice of our
plans to review, propose, and issue
regulations.
Additionally, EPA’s Semiannual
Regulatory Agenda includes information
about rules that may have a significant
economic impact on a substantial
number of small entities, and review of
those regulations under the Regulatory
Flexibility Act, as amended.
In this document, EPA explains in
greater detail the types of actions and
information available in the Semiannual
Regulatory Agenda and actions that are
currently undergoing review specifically
for impacts on small entities.
A. EPA’s Regulatory Information
‘‘E-Agenda,’’ ‘‘online regulatory
agenda,’’ and ‘‘semiannual regulatory
agenda’’ all refer to the same
comprehensive collection of
information that, until 2007, was
published in the Federal Register.
Currently, this information is only
available through an online database, at
both www.reginfo.gov/ and
www.regulations.gov.
‘‘Regulatory Flexibility Agenda’’
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities. We
continue to publish this document in
the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This
document is available at https://
www.gpo.gov/fdsys/search/home.action.
‘‘Unified Regulatory Agenda’’ refers to
the collection of all agencies’ agendas
with an introduction prepared by the
Regulatory Information Service Center
facilitated by the General Service
Administration.
‘‘Regulatory Agenda Preamble’’ refers
to the document you are reading now.
It appears as part of the Regulatory
Flexibility Agenda and introduces both
EPA’s Regulatory Flexibility Agenda
and the e-Agenda.
‘‘610 Review’’ as required by the
Regulatory Flexibility Act means a
periodic review within ten years of
promulgating a final rule that has or
may have a significant economic impact
on a substantial number of small
entities. EPA maintains a list of these
actions at https://www.epa.gov/reg-flex/
section-610-reviews.
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B. What key statutes and Executive
Orders guide EPA’s rule and
policymaking process?
A number of environmental laws
authorize EPA’s actions, including but
not limited to:
• Clean Air Act (CAA),
• Clean Water Act (CWA),
• Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA, or Superfund),
• Emergency Planning and Community
Right-to-Know Act (EPCRA),
• Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA),
• Resource Conservation and Recovery Act
(RCRA),
• Safe Drinking Water Act (SDWA), and
• Toxic Substances Control Act (TSCA).
Not only must EPA comply with
environmental laws, but also
administrative legal requirements that
apply to the issuance of regulations,
such as: the Administrative Procedure
Act (APA), the Regulatory Flexibility
Act (RFA) as amended by the Small
Business Regulatory Enforcement
Fairness Act (SBREFA), the Unfunded
Mandates Reform Act (UMRA), the
Paperwork Reduction Act (PRA), the
National Technology Transfer and
Advancement Act (NTTAA), and the
Congressional Review Act (CRA).
EPA also meets a number of
requirements contained in numerous
Executive Orders: 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ (82 FR 9339, Feb. 3, 2017);
12866, ‘‘Regulatory Planning and
Review’’ (58 FR 51735, Oct. 4, 1993), as
supplemented by Executive Order
13563, ‘‘Improving Regulation and
Regulatory Review’’ (76 FR 3821, Jan.
21, 2011); 12898, ‘‘Environmental
Justice’’ (59 FR 7629, Feb. 16, 1994);
13045, ‘‘Children’s Health Protection’’
(62 FR 19885, Apr. 23, 1997); 13132,
‘‘Federalism’’ (64 FR 43255, Aug. 10,
1999); 13175, ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, Nov. 9,
2000); 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001).
C. How can you be involved in EPA’s
rule and policymaking process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. EPA
encourages you to participate as early in
the process as possible. You may also
participate by commenting on proposed
rules published in the Federal Register
(FR).
Instructions on how to submit your
comments through https://
www.regulations.gov are provided in
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each Notice of Proposed Rulemaking
(NPRM). To be most effective,
comments should contain information
and data that support your position and
you also should explain why EPA
should incorporate your suggestion in
the rule or other type of action. You can
be particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternative(s)
to that proposed by EPA.
EPA believes its actions will be more
cost effective and protective if the
development process includes
stakeholders working with us to help
identify the most practical and effective
solutions to environmental problems.
EPA encourages you to become involved
in its rule and policymaking process.
For more information about EPA’s
efforts to increase transparency,
participation and collaboration in EPA
activities, please visit https://
www.epa.gov/open.
II. Semiannual Regulatory Agenda
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A. What actions are included in the EAgenda and the Regulatory Flexibility
agenda?
EPA includes regulations in the eAgenda. However, there is no legal
significance to the omission of an item
from the agenda, and EPA generally
does not include the following
categories of actions:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers;
• Under the CAA: Revisions to state
implementation plans; equivalent
methods for ambient air quality
monitoring; deletions from the new
source performance standards source
categories list; delegations of authority
to states; area designations for air
quality planning purposes;
• Under FIFRA: Registration-related
decisions, actions affecting the status of
currently registered pesticides, and data
call-ins;
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations;
• Under RCRA: Authorization of State
solid waste management plans;
hazardous waste delisting petitions;
• Under the CWA: State Water
Quality Standards; deletions from the
section 307(a) list of toxic pollutants;
suspensions of toxic testing
requirements under the National
Pollutant Discharge Elimination System
(NPDES); delegations of NPDES
authority to States;
• Under SDWA: Actions on State
underground injection control
programs.
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Meanwhile, the Regulatory Flexibility
Agenda includes:
• Actions likely to have a significant
economic impact on a substantial
number of small entities.
• Rules the Agency has identified for
periodic review under section 610 of the
RFA. EPA has one ongoing 610 review
at this time.
B. How is the E-Agenda organized?
Online, you can choose how to sort
the agenda entries by specifying the
characteristics of the entries of interest
in the desired individual data fields for
both the www.reginfo.gov and
www.regulations.gov versions of the eAgenda. You can sort based on the
following characteristics: EPA
subagency (such as Office of Water);
stage of rulemaking as described in the
following paragraphs; alphabetically by
title; or the Regulation Identifier
Number (RIN), which is assigned
sequentially when an action is added to
the agenda.
Each entry in the Agenda is associated
with one of five rulemaking stages. The
rulemaking stages are:
1. Prerule Stage—EPA’s prerule
actions generally are intended to
determine whether the agency should
initiate rulemaking. Prerulemakings
may include anything that influences or
leads to rulemaking; this would include
Advance Notices of Proposed
Rulemaking (ANPRMs), studies or
analyses of the possible need for
regulatory action.
2. Proposed Rule Stage— Proposed
rulemaking actions include EPA’s
Notice of Proposed Rulemakings
(NPRMs); these proposals are scheduled
to publish in the Federal Register
within the next year.
3. Final Rule Stage—Final rulemaking
actions are those actions that EPA is
scheduled to finalize and publish in the
Federal Register within the next year.
4. Long-Term Actions—This section
includes rulemakings for which the next
scheduled regulatory action (such as
publication of a NPRM or final rule) is
twelve or more months into the future.
We urge you to explore becoming
involved even if an action is listed in
the Long-Term category.
5. Completed Actions—EPA’s
completed actions are those that have
been promulgated and published in the
Federal Register since publication of
the spring 2017 Agenda. The term
completed actions also includes actions
that EPA is no longer considering and
has elected to ‘‘withdraw’’ and also the
results of any RFA section 610 reviews.
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C. What information is in the Regulatory
Flexibility agenda and the E-Agenda?
The Regulatory Flexibility Agenda
entries include only the nine categories
of information that are required by the
Regulatory Flexibility Act of 1980 and
by Federal Register Agenda printing
requirements: Sequence Number, RIN,
Title, Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule and Contact Person.
Note that the electronic version of the
Agenda (E-Agenda) replicates each of
these actions with more extensive
information, described below.
E-Agenda entries include:
Title: a brief description of the subject
of the regulation. The notation ‘‘Section
610 Review’’ follows the title if we are
reviewing the rule as part of our
periodic review of existing rules under
section 610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one
of the five following categories:
a. Economically Significant: Under
Executive Order 12866, a rulemaking
that may have an annual effect on the
economy of $100 million or more, or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
b. Other Significant: A rulemaking
that is not economically significant but
is considered significant for other
reasons. This category includes rules
that may:
1. Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
2. Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
in Executive Order 12866.
c. Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A
rulemaking that is a specific case of a
recurring application of a regulatory
program in the Code of Federal
Regulations (e.g., certain State
Implementation Plans, National Priority
List updates, Significant New Use Rules,
State Hazardous Waste Management
Program actions, and Pesticide
Tolerances and Tolerance Exemptions).
If an action that would normally be
classified Routine and Frequent is
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reviewed by the Office of Management
and Budget (OMB) under E.O. 12866,
then we would classify the action as
either ‘‘Economically Significant’’ or
‘‘Other Significant.’’
e. Informational/Administrative/
Other: An action that is primarily
informational or pertains to an action
outside the scope of E.O. 12866.
E.O. 13771 Designation: Each entry is
placed into one of the following
categories:
a. Deregulatory: When finalized, an
action is expected to have total costs
less than zero;
b. Regulatory: The action is either
(i) a significant regulatory action as
defined in Section 3(f) of E.O. 12866, or
(ii) a significant guidance document
(e.g., significant interpretive guidance)
reviewed by OMB’s Office of
Information and Regulatory Affairs
(OIRA) under the procedures of E.O.
12866 that, when finalized, is expected
to impose total costs greater than zero;
c. Fully or Partially Exempt: The
action has been granted, or is expected
to be granted, a full or partial waiver
under one or more of the following
circumstances:
(i) It is expressly exempt by E.O.
13771 (issued with respect to a
‘‘military, national security, or foreign
affairs function of the United States’’; or
related to ‘‘agency organization,
management, or personnel’’), or
(ii) it addresses an emergency such as
critical health, safety, financial, or nonexempt national security matters (offset
requirements may be exempted or
delayed), or
(iii) it is required to meet a statutory
or judicial deadline (offset requirements
may be exempted or delayed), or
(iv) expected to generate de minimis
costs;
d. Not subject to, not significant: Is a
NPRM or final rule AND is neither an
E.O. 13771 regulatory action nor an E.O.
13771 deregulatory action;
e. Other: At the time of designation,
either the available information is too
preliminary to determine E.O. 13771
status or other reasonable circumstances
preclude a preliminary E.O. 13771
designation.
f. Independent agency: Is an action an
independent agency anticipates issuing
and thus is not subject to E.O. 13771.
Major: A rule is ‘‘major’’ under 5
U.S.C. 801 (Pub. L. 104–121) if it has
resulted or is likely to result in an
annual effect on the economy of $100
million or more or meets other criteria
specified in that Act.
Unfunded Mandates: Whether the
rule is covered by section 202 of the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). The Act requires that,
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before issuing an NPRM likely to result
in a mandate that may result in
expenditures by State, local, and tribal
governments, in the aggregate, or by the
private sector of more than $100 million
in 1 year, the agency prepare a written
statement on federal mandates
addressing costs, benefits, and
intergovernmental consultation.
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(Pub. L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates and citations (if
available) for all past steps and a
projected date for at least the next step
for the regulatory action. A date
displayed in the form 10/00/18 means
the agency is predicting the month and
year the action will take place but not
the day it will occur. For some entries,
the timetable indicates that the date of
the next action is ‘‘to be determined.’’
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates preparing a
regulatory flexibility analysis under
section 603 or 604 of the RFA.
Generally, such an analysis is required
for proposed or final rules subject to the
RFA that EPA believes may have a
significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates
whether the rule is anticipated to have
any effect on small businesses, small
governments or small nonprofit
organizations.
Government Levels Affected: Indicates
whether the rule may have any effect on
levels of government and, if so, whether
the affected governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
Sectors Affected: Indicates the main
economic sectors regulated by the
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action. The regulated parties are
identified by their North American
Industry Classification System (NAICS)
codes. These codes were created by the
Census Bureau for collecting, analyzing,
and publishing statistical data on the
U.S. economy. There are more than
1,000 NAICS codes for sectors in
agriculture, mining, manufacturing,
services, and public administration.
International Trade Impacts: Indicates
whether the action is likely to have
international trade or investment effects,
or otherwise be of international interest.
Agency Contact: The name, address,
phone number, and email address, if
available, of a person who is
knowledgeable about the regulation.
Additional Information: Other
information about the action including
docket information.
URLs: For some actions, the internet
addresses are included for reading
copies of rulemaking documents,
submitting comments on proposals, and
getting more information about the
rulemaking and the program of which it
is a part. (Note: To submit comments on
proposals, you can go to the associated
electronic docket, which is housed at
www.regulations.gov. Once there, follow
the online instructions to access the
docket in question and submit
comments. A docket identification [ID]
number will assist in the search for
materials.)
RIN: The Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN identify the EPA office with
lead responsibility for developing the
action.
D. What tools are available for mining
Regulatory Agenda data and for finding
more about EPA rules and policies?
1. Federal Regulatory Dashboard
The https://www.reginfo.gov/
searchable database, maintained by the
Regulatory Information Service Center
and OIRA, allows users to view the
Regulatory Agenda database (https://
www.reginfo.gov/public/do/
eAgendaMain), which includes search,
display, and data transmission options.
2. Subject Matter EPA websites
Some actions listed in the Agenda
include a URL for an EPA-maintained
website that provides additional
information about the action.
3. Public Dockets
When EPA publishes either an
Advance Notice of Proposed
Rulemaking (ANPRM) or a Notice of
Proposed Rulemaking (NPRM) in the
Federal Register, the Agency typically
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establishes a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to that particular Agency action
or activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for RFA
section 610 reviews of rules with
significant economic impacts on a
substantial number of small entities and
for various non-rulemaking activities,
such as Federal Register documents
seeking public comments on draft
guidance, policy statements,
information collection requests under
the PRA, and other non-rule activities.
Docket information should be in that
action’s agenda entry. All of EPA’s
public dockets can be located at
www.regulations.gov.
Review Title
EPA established an official public
docket for this 610 Review. EPA is no
longer accepting comment on the review
itself, but comments received in 2016
can be accessed at https://
www.regulations.gov/ with docket
identification number EPA–HQ–OPPT–
2016–0126.
B. What other special attention does
EPA give to the impacts of rules on
small businesses, small governments,
and small nonprofit organizations?
For each of EPA’s rulemakings,
consideration is given to whether there
will be any adverse impact on any small
entity. EPA attempts to fit the regulatory
requirements, to the extent feasible, to
III. Review of Regulations under 610 of
the Regulatory Flexibility Act
A. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities.
At this time, EPA has one ongoing 610
review.
RIN
Section 610 Review of Lead-Based Paint Activities; Training and Certification for
Renovation and Remodeling Section 402(c)(3).
Docket ID #
2070–AK17
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA as amended by SBREFA,
the Agency must prepare a formal
analysis of the potential negative
impacts on small entities, convene a
Small Business Advocacy Review Panel
(proposed rule stage), and prepare a
Small Entity Compliance Guide (final
rule stage) unless the Agency certifies a
rule will not have a significant
economic impact on a substantial
number of small entities. For more
detailed information about the Agency’s
policy and practice with respect to
implementing RFA/SBREFA, please
1935
EPA–HQ–OPPT–2016–
0126.
Status
Ongoing.
visit EPA’s RFA/SBREFA website at
www.epa.gov/reg-flex.
IV. Thank You for Collaborating With
Us
Finally, we would like to thank those
of you who choose to join with us in
making progress on the complex issues
involved in protecting human health
and the environment. Collaborative
efforts such as EPA’s open rulemaking
process are a valuable tool for
addressing the problems we face, and
the regulatory agenda is an important
part of that process.
Dated: October 2, 2017.
Samantha K. Dravis,
Associate Administrator, Office of Policy.
10—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
321 ....................
Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act ........
2050–AG82
35—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
322 ....................
Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) (Section 610 Review).
2070–AK17
35—LONG-TERM ACTIONS
Regulation
Identifier No.
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Sequence No.
Title
323 ....................
324 ....................
N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under TSCA Section 6(a) ......................
Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing ....................................
2070–AK07
2070–AK11
35—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
325 ....................
Formaldehyde Emission Standards for Composite Wood Products ...............................................................
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ENVIRONMENTAL PROTECTION
AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10
35
Completed Actions
Prerule Stage
321. Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air Act
322. Section 610 Review of Lead-Based
Paint Activities; Training and
Certification for Renovation and
Remodeling Section 402(c)(3) (Section
610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 5 U.S.C. 610
Abstract: EPA is continuing a review
of the 2008 Lead; Renovation, Repair,
and Painting Program (RRP) (73 FR
21692) pursuant to section 610 of the
Regulatory Flexibility Act (RFA, 5
U.S.C. 610). The rule was amended in
2010 (75 FR 24802) and 2011 (76 FR
47918) to eliminate a provision for
contractors to opt-out of prescribed
work practices and to affirm the
qualitative clearance of renovated or
repaired spaces, respectively. Although
the section 610 review only needs to
address the 2008 RRP Rule, EPA is
exercising its discretion to consider
relevant comments to the 2010 and 2011
amendments, including comments on
lead test kits, field testing alternatives
and other broader RRP rule concerns as
referenced in 80 FR 79335 and 80 FR
27621. The RRP rule is intended to
reduce exposure to lead hazard created
by renovation, repair, and painting
activities that disturb lead-based paint.
The current rule establishes
requirements for training renovators and
dust sampling technicians; certifying
renovators, dust sampling technicians,
and renovation firms; accrediting
providers of renovation and dust
sampling technician training; and for
renovation work practices. This entry in
the regulatory agenda describes EPA’s
review of 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 impacts
on small entities. As part of this review,
EPA is considering 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. The
results of EPA’s review will be
summarized in a report and placed in
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 42 U.S.C. 7412(r)
Abstract: The EPA, in response to
Executive Order 13650, has amended its
Risk Management Program regulations.
Such revisions include several changes
to the accident prevention program
requirements including an additional
analysis of safer technology and
alternatives for the process hazard
analysis for some Program 3 processes,
third-party audits and incident
investigation root cause analysis for
Program 2 and Program 3 processes,
enhancements to the emergency
preparedness requirements, increased
public availability of chemical hazard
information, and several other changes
to certain regulatory definitions and
data elements submitted in risk
management plans. Such amendments
are intended to improve chemical
process safety, assist local emergency
authorities in planning for and
responding to accidents, and improve
public awareness of chemical hazards at
regulated sources.
Timetable:
Action
Date
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NPRM ..................
Final Rule ............
Final Rule Effective.
03/14/16
01/13/17
02/19/19
FR Cite
81 FR 13637
82 FR 4594
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jim Belke,
Environmental Protection Agency,
Office of Land and Emergency
Management, 1200 Pennsylvania
Avenue NW, Mail Code 5104A,
Washington, DC 20460, Phone: 202 564–
8023, Fax: 202 564–8444, Email:
belke.jim@epa.gov.
Kathy Franklin, Environmental
Protection Agency, Office of Land and
Emergency Management, 1200
Pennsylvania Avenue NW, Mail Code
5104A, Washington, DC 20460, Phone:
202 564–7987, Fax: 202 564–2625,
Email: franklin.kathy@epa.gov.
RIN: 2050–AG82
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the docket at the conclusion of this
review. This review’s Docket ID number
is EPA–HQ–OPPT–2016–0126; the
docket can be accessed at
www.regulations.gov.
Timetable:
Action
Final Rule ............
Begin Review ......
Comment Period
Extended.
End Review .........
Date
04/22/08
06/09/16
08/08/16
FR Cite
73 FR 21691
81 FR 37373
81 FR 52393
04/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Jonathan Shafer,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404T, Washington, DC
20460, Phone: 202 564–0789, Email:
shafer.jonathan@epa.gov.
Michelle Price, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200
Pennsylvania Avenue NW., Mail Code
7404T, Washington, DC 20460, Phone:
202 566–0744, Email: price.michelle@
epa.gov.
RIN: 2070–AK17
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
35
Long-Term Actions
323. N-Methylpyrrolidone (NMP) and
Methylene Chloride; Rulemaking Under
TSCA Section 6(A)
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605 Toxic
Substances Control Act
Abstract: Section 6(a) of the Toxic
Substances Control Act provides
authority for EPA to ban or restrict the
manufacture (including import),
processing, distribution in commerce,
and use of chemical substances, as well
as any manner or method of disposal.
Methylene chloride and Nmethylpyrrolidone (NMP) are used in
paint and coating removal in
commercial processes, consumer
products, and residential settings. In the
August 2014 TSCA Work Plan Chemical
Risk Assessment for methylene chloride
and the March 2015 TSCA Work Plan
Chemical Risk Assessment for NMP,
EPA characterized risks from use of
these chemicals in paint and coating
removal. EPA determined that these are
unreasonable risks. On January 19,
2017, EPA proposed prohibitions and
restrictions on the use of methylene
chloride in consumer and most types of
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commercial paint and coating removal.
EPA co-proposed two options for NMP
in paint and coating removal. The first
co-proposal would prohibit NMP in all
consumer and commercial paint and
coating removal. The second coproposal would establish a worker
protection program for commercial use
of NMP in paint and coating removal;
limit the concentration of NMP in all
paint and coating removal products; and
require warnings and instructions on
any consumer paint and coating
removal products containing NMP. Also
in that proposal, EPA identified
commercial furniture refinishing as an
industry for which EPA would like
more information before proposing
regulations to address the risks
presented by methylene chloride, and
announced its intention to issue a
separate proposal to address those risks.
EPA held a public workshop on
September 12, 2017, with
representatives of federal and state
government agencies, industry
professionals, furniture refinishing
experts, non-government organizations,
academic experts, and others to discuss
the role of methylene chloride in
furniture refinishing, work practices
employed when using methylene
chloride in furniture refinishing,
potential alternatives, economic
impacts, and other issues identified in
EPA’s January 2017 proposed rule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period Extended.
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Supplemental
NPRM.
01/19/17
05/01/17
FR Cite
82 FR 7464
82 FR 20310
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ana Corado,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7408M, Washington, DC
20460, Phone: 202 564–0140, Email:
corado.ana@epa.gov.
Joel Wolf, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone:
202 564–2228, Fax: 202 566–0471,
Email: wolf.joel@epa.gov.
RIN: 2070–AK07
324. Trichloroethylene (TCE);
Rulemaking Under TSCA Section 6(A);
Vapor Degreasing
E.O. 13771 Designation: Regulatory.
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Legal Authority: 15 U.S.C. 2605 Toxic
Substances Control Act
Abstract: Section 6(a) of the Toxic
Substances Control Act (TSCA) provides
authority for EPA to ban or restrict the
manufacture (including import),
processing, distribution in commerce,
and use of chemical substances, as well
as any manner or method of disposal. In
the June 2014 TSCA Work Plan
Chemical Risk Assessment for TCE, EPA
characterized risks from the use of TCE
in commercial degreasing and in some
consumer uses. EPA determined that
these are unreasonable risks. On January
19, 2017, EPA proposed to prohibit the
manufacture, processing, distribution in
commerce, or commercial use of TCE in
vapor degreasing. A separate action (RIN
2070–AK03), published on December
16, 2016, proposes to address the
unreasonable risks from TCE when as a
spotting agent in dry cleaning and in
commercial and consumer aerosol spray
degreasers.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period Extended.
FR Cite
01/19/17
02/15/17
82 FR 7432
82 FR 10732
05/01/17
82 FR 20310
Final Rule ............
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404T, Washington, DC
20460, Phone: 202 566–0484, Email:
wheeler.cindy@epa.gov.
Joel Wolf, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone:
202 564–2228, Fax: 202 566–0471,
Email: wolf.joel@epa.gov.
RIN: 2070–AK11
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
35
Completed Actions
325. Formaldehyde Emission Standards
for Composite Wood Products
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 15 U.S.C. 2697 Toxic
Substances Control Act
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Abstract: On December 12, 2016, the
EPA issued a final rule to implement the
Formaldehyde Standards for Composite
Wood Products Act, which added Title
VI to the Toxic Substances Control Act
(TSCA). The purpose of TSCA Title VI
is to reduce formaldehyde emissions
from composite wood products, which
will reduce exposures to formaldehyde
and result in benefits from avoided
adverse health effects. This final rule
includes formaldehyde emission
standards applicable to hardwood
plywood, medium-density fiberboard,
and particleboard, and finished goods
containing these products, that are sold,
supplied, offered for sale, or
manufactured (including imported) in
the United States. This final rule
includes provisions relating to, among
other things, laminated products,
products made with no-added
formaldehyde resins or ultra lowemitting formaldehyde resins, testing
requirements, product labeling, chain of
custody documentation and other
recordkeeping requirements,
enforcement, import certification, and
product inventory sell-through
provisions, including a product
stockpiling prohibition. This final rule
also establishes a third-party
certification program for hardwood
plywood, medium-density fiberboard,
and particleboard and includes
procedures for the accreditation of
third-party certifiers and general
requirements for accreditation bodies
and third-party certifiers.
Timetable:
Action
ANPRM ...............
Second ANPRM ..
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period Extended.
Final Rule ............
Final Rule Effective.
Date
FR Cite
12/03/08
01/30/09
06/10/13
07/23/13
73
74
78
78
FR
FR
FR
FR
73620
5632
34795
44090
08/21/13
78 FR 51696
12/12/16
05/22/17
81 FR 89674
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404T, Washington, DC
20460, Phone: 202 566–1081, Email:
courtnage.robert@epa.gov.
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Erik Winchester, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code
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7404T, Washington, DC 20460, Phone:
202 564–6450, Email: winchester.erik@
epa.gov.
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RIN: 2070–AJ44
[FR Doc. 2017–28234 Filed 1–11–18; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1932-1938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28234]
[[Page 1931]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part XVI
Environmental Protection Agency
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1932]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL-9968-33-OP]
Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at https://www.reginfo.gov and at www.regulations.gov to update the public. This
document contains information about:
Regulations in the semiannual regulatory agenda that are
under development, completed, or canceled since the last agenda; and
Reviews of regulations with small business impacts under
Section 610 of the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Caryn Muellerleile
([email protected]; 202-564-2855).
Table of Contents
I. Introduction
A. EPA's Regulatory Information
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking
process?
II. Semiannual Regulatory Agenda
A. What actions are included in the E-Agenda and the Regulatory
Flexibility agenda?
B. How is the E-Agenda organized?
C. What information is in the Regulatory Flexibility agenda and
the E-Agenda?
D. What tools are available for mining Regulatory Agenda data
and for finding more about EPA rules and policies?
III. Review of Regulations under 610 of the Regulatory Flexibility
Act
A. Reviews of Rules with Significant Impacts on a Substantial
Number of Small Entities
B. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
IV. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
I. Introduction
EPA is committed to a regulatory strategy that effectively achieves
the Agency's mission of protecting the environment and the health,
welfare, and safety of Americans while also supporting economic growth,
job creation, competitiveness, and innovation. EPA publishes the
Semiannual Regulatory Agenda to update the public about regulatory
activity undertaken in support of this mission. In the Semiannual
Regulatory Agenda, EPA provides notice of our plans to review, propose,
and issue regulations.
Additionally, EPA's Semiannual Regulatory Agenda includes
information about rules that may have a significant economic impact on
a substantial number of small entities, and review of those regulations
under the Regulatory Flexibility Act, as amended.
In this document, EPA explains in greater detail the types of
actions and information available in the Semiannual Regulatory Agenda
and actions that are currently undergoing review specifically for
impacts on small entities.
A. EPA's Regulatory Information
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database, at both www.reginfo.gov/ and www.regulations.gov.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish this document in the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This document is available at
https://www.gpo.gov/fdsys/search/home.action.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the General Service
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
``610 Review'' as required by the Regulatory Flexibility Act means
a periodic review within ten years of promulgating a final rule that
has or may have a significant economic impact on a substantial number
of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews.
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
A number of environmental laws authorize EPA's actions, including
but not limited to:
Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act
(EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
Not only must EPA comply with environmental laws, but also
administrative legal requirements that apply to the issuance of
regulations, such as: the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 13771, ``Reducing Regulation and Controlling
Regulatory Costs'' (82 FR 9339, Feb. 3, 2017); 12866, ``Regulatory
Planning and Review'' (58 FR 51735, Oct. 4, 1993), as supplemented by
Executive Order 13563, ``Improving Regulation and Regulatory Review''
(76 FR 3821, Jan. 21, 2011); 12898, ``Environmental Justice'' (59 FR
7629, Feb. 16, 1994); 13045, ``Children's Health Protection'' (62 FR
19885, Apr. 23, 1997); 13132, ``Federalism'' (64 FR 43255, Aug. 10,
1999); 13175, ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, Nov. 9, 2000); 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments through https://www.regulations.gov are provided in
[[Page 1933]]
each Notice of Proposed Rulemaking (NPRM). To be most effective,
comments should contain information and data that support your position
and you also should explain why EPA should incorporate your suggestion
in the rule or other type of action. You can be particularly helpful
and persuasive if you provide examples to illustrate your concerns and
offer specific alternative(s) to that proposed by EPA.
EPA believes its actions will be more cost effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to
environmental problems. EPA encourages you to become involved in its
rule and policymaking process. For more information about EPA's efforts
to increase transparency, participation and collaboration in EPA
activities, please visit https://www.epa.gov/open.
II. Semiannual Regulatory Agenda
A. What actions are included in the E-Agenda and the Regulatory
Flexibility agenda?
EPA includes regulations in the e-Agenda. However, there is no
legal significance to the omission of an item from the agenda, and EPA
generally does not include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the CAA: Revisions to state implementation plans;
equivalent methods for ambient air quality monitoring; deletions from
the new source performance standards source categories list;
delegations of authority to states; area designations for air quality
planning purposes;
Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under RCRA: Authorization of State solid waste management
plans; hazardous waste delisting petitions;
Under the CWA: State Water Quality Standards; deletions
from the section 307(a) list of toxic pollutants; suspensions of toxic
testing requirements under the National Pollutant Discharge Elimination
System (NPDES); delegations of NPDES authority to States;
Under SDWA: Actions on State underground injection control
programs.
Meanwhile, the Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the RFA. EPA has one ongoing 610 review at this time.
B. How is the E-Agenda organized?
Online, you can choose how to sort the agenda entries by specifying
the characteristics of the entries of interest in the desired
individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA subagency (such as Office of Water);
stage of rulemaking as described in the following paragraphs;
alphabetically by title; or the Regulation Identifier Number (RIN),
which is assigned sequentially when an action is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--EPA's prerule actions generally are intended to
determine whether the agency should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking; this would
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or
analyses of the possible need for regulatory action.
2. Proposed Rule Stage-- Proposed rulemaking actions include EPA's
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled
to publish in the Federal Register within the next year.
3. Final Rule Stage--Final rulemaking actions are those actions
that EPA is scheduled to finalize and publish in the Federal Register
within the next year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action (such as publication of a NPRM or
final rule) is twelve or more months into the future. We urge you to
explore becoming involved even if an action is listed in the Long-Term
category.
5. Completed Actions--EPA's completed actions are those that have
been promulgated and published in the Federal Register since
publication of the spring 2017 Agenda. The term completed actions also
includes actions that EPA is no longer considering and has elected to
``withdraw'' and also the results of any RFA section 610 reviews.
C. What information is in the Regulatory Flexibility agenda and the E-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) replicates each of these
actions with more extensive information, described below.
E-Agenda entries include:
Title: a brief description of the subject of the regulation. The
notation ``Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one of the five following
categories:
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations (e.g., certain State Implementation Plans, National
Priority List updates, Significant New Use Rules, State Hazardous Waste
Management Program actions, and Pesticide Tolerances and Tolerance
Exemptions). If an action that would normally be classified Routine and
Frequent is
[[Page 1934]]
reviewed by the Office of Management and Budget (OMB) under E.O. 12866,
then we would classify the action as either ``Economically
Significant'' or ``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O. 12866.
E.O. 13771 Designation: Each entry is placed into one of the
following categories:
a. Deregulatory: When finalized, an action is expected to have
total costs less than zero;
b. Regulatory: The action is either
(i) a significant regulatory action as defined in Section 3(f) of
E.O. 12866, or
(ii) a significant guidance document (e.g., significant
interpretive guidance) reviewed by OMB's Office of Information and
Regulatory Affairs (OIRA) under the procedures of E.O. 12866 that, when
finalized, is expected to impose total costs greater than zero;
c. Fully or Partially Exempt: The action has been granted, or is
expected to be granted, a full or partial waiver under one or more of
the following circumstances:
(i) It is expressly exempt by E.O. 13771 (issued with respect to a
``military, national security, or foreign affairs function of the
United States''; or related to ``agency organization, management, or
personnel''), or
(ii) it addresses an emergency such as critical health, safety,
financial, or non-exempt national security matters (offset requirements
may be exempted or delayed), or
(iii) it is required to meet a statutory or judicial deadline
(offset requirements may be exempted or delayed), or
(iv) expected to generate de minimis costs;
d. Not subject to, not significant: Is a NPRM or final rule AND is
neither an E.O. 13771 regulatory action nor an E.O. 13771 deregulatory
action;
e. Other: At the time of designation, either the available
information is too preliminary to determine E.O. 13771 status or other
reasonable circumstances preclude a preliminary E.O. 13771 designation.
f. Independent agency: Is an action an independent agency
anticipates issuing and thus is not subject to E.O. 13771.
Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if
it has resulted or is likely to result in an annual effect on the
economy of $100 million or more or meets other criteria specified in
that Act.
Unfunded Mandates: Whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, the agency prepare a written statement on
federal mandates addressing costs, benefits, and intergovernmental
consultation.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 10/00/18 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates preparing a regulatory flexibility analysis
under section 603 or 604 of the RFA. Generally, such an analysis is
required for proposed or final rules subject to the RFA that EPA
believes may have a significant economic impact on a substantial number
of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the affected
governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under E.O. 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN identify the
EPA office with lead responsibility for developing the action.
D. What tools are available for mining Regulatory Agenda data and for
finding more about EPA rules and policies?
1. Federal Regulatory Dashboard
The https://www.reginfo.gov/ searchable database, maintained by the
Regulatory Information Service Center and OIRA, allows users to view
the Regulatory Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data transmission
options.
2. Subject Matter EPA websites
Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the
action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically
[[Page 1935]]
establishes a docket to accumulate materials throughout the development
process for that rulemaking. The docket serves as the repository for
the collection of documents or information related to that particular
Agency action or activity. EPA most commonly uses dockets for
rulemaking actions, but dockets may also be used for RFA section 610
reviews of rules with significant economic impacts on a substantial
number of small entities and for various non-rulemaking activities,
such as Federal Register documents seeking public comments on draft
guidance, policy statements, information collection requests under the
PRA, and other non-rule activities. Docket information should be in
that action's agenda entry. All of EPA's public dockets can be located
at www.regulations.gov.
III. Review of Regulations under 610 of the Regulatory Flexibility Act
A. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. At this
time, EPA has one ongoing 610 review.
----------------------------------------------------------------------------------------------------------------
Review Title RIN Docket ID # Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of Lead-Based Paint 2070-AK17 EPA-HQ-OPPT-2016-0126..... Ongoing.
Activities; Training and Certification
for Renovation and Remodeling Section
402(c)(3).
----------------------------------------------------------------------------------------------------------------
EPA established an official public docket for this 610 Review. EPA
is no longer accepting comment on the review itself, but comments
received in 2016 can be accessed at https://www.regulations.gov/ with
docket identification number EPA-HQ-OPPT-2016-0126.
B. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under RFA as amended by SBREFA, the Agency must prepare a formal
analysis of the potential negative impacts on small entities, convene a
Small Business Advocacy Review Panel (proposed rule stage), and prepare
a Small Entity Compliance Guide (final rule stage) unless the Agency
certifies a rule will not have a significant economic impact on a
substantial number of small entities. For more detailed information
about the Agency's policy and practice with respect to implementing
RFA/SBREFA, please visit EPA's RFA/SBREFA website at www.epa.gov/reg-flex.
IV. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: October 2, 2017.
Samantha K. Dravis,
Associate Administrator, Office of Policy.
10--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
321....................... Accidental Release 2050-AG82
Prevention Requirements:
Risk Management Programs
Under the Clean Air Act.
------------------------------------------------------------------------
35--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
322....................... Section 610 Review of Lead- 2070-AK17
Based Paint Activities;
Training and
Certification for
Renovation and Remodeling
Section 402(c)(3)
(Section 610 Review).
------------------------------------------------------------------------
35--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
323....................... N-Methylpyrrolidone (NMP) 2070-AK07
and Methylene Chloride;
Rulemaking Under TSCA
Section 6(a).
324....................... Trichloroethylene (TCE); 2070-AK11
Rulemaking Under TSCA
Section 6(a); Vapor
Degreasing.
------------------------------------------------------------------------
35--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
325....................... Formaldehyde Emission 2070-AJ44
Standards for Composite
Wood Products.
------------------------------------------------------------------------
[[Page 1936]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Completed Actions
321. Accidental Release Prevention Requirements: Risk Management
Programs Under the Clean Air Act
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 42 U.S.C. 7412(r)
Abstract: The EPA, in response to Executive Order 13650, has
amended its Risk Management Program regulations. Such revisions include
several changes to the accident prevention program requirements
including an additional analysis of safer technology and alternatives
for the process hazard analysis for some Program 3 processes, third-
party audits and incident investigation root cause analysis for Program
2 and Program 3 processes, enhancements to the emergency preparedness
requirements, increased public availability of chemical hazard
information, and several other changes to certain regulatory
definitions and data elements submitted in risk management plans. Such
amendments are intended to improve chemical process safety, assist
local emergency authorities in planning for and responding to
accidents, and improve public awareness of chemical hazards at
regulated sources.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/14/16 81 FR 13637
Final Rule.......................... 01/13/17 82 FR 4594
Final Rule Effective................ 02/19/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jim Belke, Environmental Protection Agency, Office
of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail
Code 5104A, Washington, DC 20460, Phone: 202 564-8023, Fax: 202 564-
8444, Email: [email protected].
Kathy Franklin, Environmental Protection Agency, Office of Land and
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460, Phone: 202 564-7987, Fax: 202 564-2625, Email:
[email protected].
RIN: 2050-AG82
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Prerule Stage
322. Section 610 Review of Lead-Based Paint Activities; Training and
Certification for Renovation and Remodeling Section 402(c)(3) (Section
610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 5 U.S.C. 610
Abstract: EPA is continuing a review of the 2008 Lead; Renovation,
Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section
610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was
amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a
provision for contractors to opt-out of prescribed work practices and
to affirm the qualitative clearance of renovated or repaired spaces,
respectively. Although the section 610 review only needs to address the
2008 RRP Rule, EPA is exercising its discretion to consider relevant
comments to the 2010 and 2011 amendments, including comments on lead
test kits, field testing alternatives and other broader RRP rule
concerns as referenced in 80 FR 79335 and 80 FR 27621. The RRP rule is
intended to reduce exposure to lead hazard created by renovation,
repair, and painting activities that disturb lead-based paint. The
current rule establishes requirements for training renovators and dust
sampling technicians; certifying renovators, dust sampling technicians,
and renovation firms; accrediting providers of renovation and dust
sampling technician training; and for renovation work practices. This
entry in the regulatory agenda describes EPA's review of 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 impacts on small entities. As part of this review,
EPA is considering 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. The results of EPA's review will be
summarized in a report and placed in the docket at the conclusion of
this review. This review's Docket ID number is EPA-HQ-OPPT-2016-0126;
the docket can be accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 04/22/08 73 FR 21691
Begin Review........................ 06/09/16 81 FR 37373
Comment Period Extended............. 08/08/16 81 FR 52393
End Review.......................... 04/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Jonathan Shafer, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-0789,
Email: [email protected].
Michelle Price, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW., Mail
Code 7404T, Washington, DC 20460, Phone: 202 566-0744, Email:
[email protected].
RIN: 2070-AK17
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Long-Term Actions
323. N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under
TSCA Section 6(A)
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act provides
authority for EPA to ban or restrict the manufacture (including
import), processing, distribution in commerce, and use of chemical
substances, as well as any manner or method of disposal. Methylene
chloride and N-methylpyrrolidone (NMP) are used in paint and coating
removal in commercial processes, consumer products, and residential
settings. In the August 2014 TSCA Work Plan Chemical Risk Assessment
for methylene chloride and the March 2015 TSCA Work Plan Chemical Risk
Assessment for NMP, EPA characterized risks from use of these chemicals
in paint and coating removal. EPA determined that these are
unreasonable risks. On January 19, 2017, EPA proposed prohibitions and
restrictions on the use of methylene chloride in consumer and most
types of
[[Page 1937]]
commercial paint and coating removal. EPA co-proposed two options for
NMP in paint and coating removal. The first co-proposal would prohibit
NMP in all consumer and commercial paint and coating removal. The
second co-proposal would establish a worker protection program for
commercial use of NMP in paint and coating removal; limit the
concentration of NMP in all paint and coating removal products; and
require warnings and instructions on any consumer paint and coating
removal products containing NMP. Also in that proposal, EPA identified
commercial furniture refinishing as an industry for which EPA would
like more information before proposing regulations to address the risks
presented by methylene chloride, and announced its intention to issue a
separate proposal to address those risks. EPA held a public workshop on
September 12, 2017, with representatives of federal and state
government agencies, industry professionals, furniture refinishing
experts, non-government organizations, academic experts, and others to
discuss the role of methylene chloride in furniture refinishing, work
practices employed when using methylene chloride in furniture
refinishing, potential alternatives, economic impacts, and other issues
identified in EPA's January 2017 proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 7464
NPRM Comment Period Extended........ 05/01/17 82 FR 20310
-----------------------------------
Supplemental NPRM................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ana Corado, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7408M, Washington, DC 20460, Phone: 202 564-0140, Email:
[email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone: 202 564-2228, Fax: 202 566-0471,
Email: [email protected].
RIN: 2070-AK07
324. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(A); Vapor
Degreasing
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA)
provides authority for EPA to ban or restrict the manufacture
(including import), processing, distribution in commerce, and use of
chemical substances, as well as any manner or method of disposal. In
the June 2014 TSCA Work Plan Chemical Risk Assessment for TCE, EPA
characterized risks from the use of TCE in commercial degreasing and in
some consumer uses. EPA determined that these are unreasonable risks.
On January 19, 2017, EPA proposed to prohibit the manufacture,
processing, distribution in commerce, or commercial use of TCE in vapor
degreasing. A separate action (RIN 2070-AK03), published on December
16, 2016, proposes to address the unreasonable risks from TCE when as a
spotting agent in dry cleaning and in commercial and consumer aerosol
spray degreasers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 7432
NPRM Comment Period Extended........ 02/15/17 82 FR 10732
NPRM Comment Period Extended........ 05/01/17 82 FR 20310
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-0484,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone: 202 564-2228, Fax: 202 566-0471,
Email: [email protected].
RIN: 2070-AK11
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Completed Actions
325. Formaldehyde Emission Standards for Composite Wood Products
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
Abstract: On December 12, 2016, the EPA issued a final rule to
implement the Formaldehyde Standards for Composite Wood Products Act,
which added Title VI to the Toxic Substances Control Act (TSCA). The
purpose of TSCA Title VI is to reduce formaldehyde emissions from
composite wood products, which will reduce exposures to formaldehyde
and result in benefits from avoided adverse health effects. This final
rule includes formaldehyde emission standards applicable to hardwood
plywood, medium-density fiberboard, and particleboard, and finished
goods containing these products, that are sold, supplied, offered for
sale, or manufactured (including imported) in the United States. This
final rule includes provisions relating to, among other things,
laminated products, products made with no-added formaldehyde resins or
ultra low-emitting formaldehyde resins, testing requirements, product
labeling, chain of custody documentation and other recordkeeping
requirements, enforcement, import certification, and product inventory
sell-through provisions, including a product stockpiling prohibition.
This final rule also establishes a third-party certification program
for hardwood plywood, medium-density fiberboard, and particleboard and
includes procedures for the accreditation of third-party certifiers and
general requirements for accreditation bodies and third-party
certifiers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/03/08 73 FR 73620
Second ANPRM........................ 01/30/09 74 FR 5632
NPRM................................ 06/10/13 78 FR 34795
NPRM Comment Period Extended........ 07/23/13 78 FR 44090
NPRM Comment Period Extended........ 08/21/13 78 FR 51696
Final Rule.......................... 12/12/16 81 FR 89674
Final Rule Effective................ 05/22/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Courtnage, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081,
Email: [email protected].
[[Page 1938]]
Erik Winchester, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone: 202 564-6450, Email:
[email protected].
RIN: 2070-AJ44
[FR Doc. 2017-28234 Filed 1-11-18; 8:45 am]
BILLING CODE 6560-50-P
