Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, 58079-58084 [2018-23914]

Download as PDF Vol. 83 Friday, No. 222 November 16, 2018 Part XV Environmental Protection Agency amozie on DSK3GDR082PROD with PROPOSALS 15 Semiannual Regulatory Agenda VerDate Sep<11>2014 20:34 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16NOP15.SGM 16NOP15 58080 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL–9981–53–OP] Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions Environmental Protection Agency. ACTION: Semiannual regulatory agenda. AGENCY: The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https:// www.reginfo.gov and at https:// www.regulations.gov to update the public. This document contains information about regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda. 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 Agenda, please contact: Caryn Muellerleile (muellerleile.caryn@ epa.gov; 202–564–2855). SUMMARY: amozie on DSK3GDR082PROD with PROPOSALS 15 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 Agenda of Regulatory and Deregulatory Actions 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 environment and the health, welfare, and safety of Americans while also VerDate Sep<11>2014 20:34 Nov 15, 2018 Jkt 247001 supporting economic growth, job creation, competitiveness, and innovation. EPA publishes the Semiannual Agenda of Regulatory and Deregulatory Actions to update the public about regulatory activity undertaken in support of this mission. In the Semiannual Agenda, EPA provides notice of our plans to review, propose, and issue regulations. Additionally, EPA’s Semiannual 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 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 https://www.reginfo.gov/ and https://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. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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); and 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). E:\FR\FM\16NOP15.SGM 16NOP15 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda Instructions on how to submit your comments through https:// www.regulations.gov are provided in 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. amozie on DSK3GDR082PROD with PROPOSALS 15 II. Semiannual Agenda of Regulatory and Deregulatory Actions 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, and 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, and 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), and delegations of NPDES authority to States; VerDate Sep<11>2014 20:34 Nov 15, 2018 Jkt 247001 • 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 no 610 reviews in this Agenda. 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 https://www.reginfo.gov and https://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 2018 Agenda. The term completed actions also includes actions that EPA is no longer considering and PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 58081 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). E:\FR\FM\16NOP15.SGM 16NOP15 amozie on DSK3GDR082PROD with PROPOSALS 15 58082 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda If an action that would normally be classified Routine and Frequent is 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 Executive Order 12866. Executive Order 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 Executive Order 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 Executive Order 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 Executive Order 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’’), (ii) it addresses an emergency such as critical health, safety, financial, or nonexempt national security matters (offset requirements may be exempted or delayed), (iii) it is required to meet a statutory or judicial deadline (offset requirements may be exempted or delayed), or (iv) it is expected to generate de minimis costs. d. Not subject to, not significant: Is a NPRM or final rule AND is neither an Executive Order 13771 regulatory action nor an Executive Order 13771 deregulatory action. e. Other: At the time of designation, either the available information is too preliminary to determine Executive Order 13771 status or other reasonable circumstances preclude a preliminary Executive Order 13771 designation. f. Independent agency: Is an action an independent agency anticipates issuing and thus is not subject to Executive Order 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 VerDate Sep<11>2014 20:34 Nov 15, 2018 Jkt 247001 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 10/00/19 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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 https://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. E:\FR\FM\16NOP15.SGM 16NOP15 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda 3. Deregulatory Actions and Regulatory Reform EPA maintains a list of its deregulatory actions under development, as well as those that are completed, at https://www.epa.gov/ laws-regulations/epa-deregulatoryactions. Additional information about EPA’s regulatory reform activity is available to the public at https:// www.epa.gov/laws-regulations/ regulatory-reform. 4. 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 establishes a docket to accumulate materials developed 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 https:// 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 no 610 reviews. 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. 58083 Under the RFA as amended by SBREFA, the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed information about the Agency’s policy and practice with respect to implementing the RFA/SBREFA, please visit EPA’s RFA/SBREFA website at https://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: July 25, 2018. Brittany Bolen, Associate Administrator, Office of Policy. 35—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 356 .................... Methylene Chloride; Rulemaking Under TSCA Section 6(a) .......................................................................... 2070–AK07 35—LONG-TERM ACTIONS Title 357 .................... 358 .................... Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing .................................... N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) ................................................. ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Final Rule Stage 356. Methylene Chloride; Rulemaking Under TSCA Section 6(A) amozie on DSK3GDR082PROD with PROPOSALS 15 Regulation Identifier No. Sequence No. E.O. 13771 Designation: Regulatory. Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act; 15 U.S.C. 2625 TSCA 26 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 VerDate Sep<11>2014 20:34 Nov 15, 2018 Jkt 247001 as any manner or method of disposal. Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for chemicals listed in the 2014 update to the TSCA Work Plan for Chemical Assessments for which EPA published completed risk assessments prior to June 22, 2016, consistent with the scope of the completed risk assessment. Methylene chloride is used in paint and coating removal in commercial processes and consumer products. In the August 2014 TSCA Work Plan Chemical Risk Assessment for methylene chloride, EPA characterized risks from use of these chemicals in paint and coating removal. On January 19, 2017, EPA preliminarily determined PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 2070–AK11 2070–AK46 that the use of methylene chloride in paint and coating removal poses an unreasonable risk of injury to health. EPA also proposed prohibitions and restrictions on the manufacture, processing, and distribution in commerce of methylene chloride for all consumer and most types of commercial paint and coating removal and on the use of methylene chloride in commercial paint and coating removal in specified sectors. While EPA proposed to identify the use of methylene chloride in commercial furniture refinishing as presenting an unreasonable risk, EPA intends to further evaluate the commercial furniture refinishing use and develop an E:\FR\FM\16NOP15.SGM 16NOP15 58084 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda appropriate regulatory risk management approach under the process for risk evaluations for existing chemicals under TSCA. Although N-methylpyrrolidone (NMP) was included in the January 2017 proposed rule, EPA intends to address NMP use in paint and coating removal in the risk evaluation for NMP and to consider any resulting risk reduction requirements in a separate regulatory action (RIN 2070–AK46). Timetable: Action Date NPRM .................. NPRM Comment Period Extended. Notice .................. Final Rule ............ FR Cite 01/19/17 05/01/17 82 FR 7464 82 FR 20310 08/30/17 12/00/18 82 FR 41256 Action 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 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 amozie on DSK3GDR082PROD with PROPOSALS 15 Long-Term Actions 357. 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. Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for chemicals listed in the 2014 update to the TSCA Work Plan for Chemical Assessments for which EPA published completed risk assessments prior to June 22, 2016, consistent with the scope VerDate Sep<11>2014 20:34 Nov 15, 2018 of the completed risk assessment. 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 has preliminarily determined that these risks 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, proposed to address the unreasonable risks from TCE when used as a spotting agent in dry cleaning and in commercial and consumer aerosol spray degreasers. Timetable: Jkt 247001 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: Toni Krasnic, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564–0984, Email: krasnic.toni@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 358. • N-Methylpyrrolidone; Regulation of Certain Uses 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. Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for chemicals listed in the 2014 update to the TSCA Work Plan for Chemical Assessments for which EPA published PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 completed risk assessments prior to June 22, 2016, consistent with the scope of the completed risk assessment. Nmethylpyrrolidone (NMP) is used in paint and coating removal in commercial processes and consumer products. In the March 2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized risks from use of this chemical in paint and coating removal. On January 19, 2017, EPA preliminarily determined that the use of NMP in paint and coating removal poses an unreasonable risk of injury to health. EPA also co-proposed two options for NMP in paint and coating removal. The first co-proposal would prohibit the manufacture, processing, and distribution in commerce of NMP for all consumer and most commercial paint and coating removal and the use of NMP for most commercial paint and coating removal. The second co-proposal would require commercial users of NMP for paint and coating removal to establish a worker protection program and not use paint and coating removal products that contain greater than 35% NMP by weight, with certain exceptions; and require processors of products containing NMP for paint and coating removal to reformulate products such that they do not exceed 35% NMP by weight, to identify gloves that provide effective protection for the formulation, and to provide warnings and instructions on any paint and coating removal products containing NMP. Timetable: Action NPRM .................. Final Rule ............ Date 01/17/17 FR Cite 82 FR 7464 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–AK46 [FR Doc. 2018–23914 Filed 11–15–18; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\16NOP15.SGM 16NOP15

Agencies

[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 58079-58084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23914]



[[Page 58079]]

Vol. 83

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No. 222

November 16, 2018

Part XV





 Environmental Protection Agency





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 / 
Unified Agenda

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-9981-53-OP]


Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions online at 
https://www.reginfo.gov and at https://www.regulations.gov to update 
the public. This document contains information about regulations in the 
Semiannual Agenda that are under development, completed, or canceled 
since the last agenda.

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 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 Agenda of Regulatory and Deregulatory Actions
    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 Agenda of Regulatory and Deregulatory Actions to update the 
public about regulatory activity undertaken in support of this mission. 
In the Semiannual Agenda, EPA provides notice of our plans to review, 
propose, and issue regulations.
    Additionally, EPA's Semiannual 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 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 https://www.reginfo.gov/ and https://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); and 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).

[[Page 58081]]

    Instructions on how to submit your comments through https://www.regulations.gov are provided in 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 Agenda of Regulatory and Deregulatory Actions

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, and 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, and 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), and 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 no 610 reviews in this Agenda.

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 https://www.reginfo.gov and https://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 2018 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).

[[Page 58082]]

If an action that would normally be classified Routine and Frequent is 
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 Executive 
Order 12866.
    Executive Order 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 
Executive Order 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 Executive Order 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 Executive Order 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''),
    (ii) it addresses an emergency such as critical health, safety, 
financial, or non-exempt national security matters (offset requirements 
may be exempted or delayed),
    (iii) it is required to meet a statutory or judicial deadline 
(offset requirements may be exempted or delayed), or
    (iv) it is expected to generate de minimis costs.
    d. Not subject to, not significant: Is a NPRM or final rule AND is 
neither an Executive Order 13771 regulatory action nor an Executive 
Order 13771 deregulatory action.
    e. Other: At the time of designation, either the available 
information is too preliminary to determine Executive Order 13771 
status or other reasonable circumstances preclude a preliminary 
Executive Order 13771 designation.
    f. Independent agency: Is an action an independent agency 
anticipates issuing and thus is not subject to Executive Order 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 10/00/19 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 
https://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.

[[Page 58083]]

3. Deregulatory Actions and Regulatory Reform
    EPA maintains a list of its deregulatory actions under development, 
as well as those that are completed, at https://www.epa.gov/laws-regulations/epa-deregulatory-actions. Additional information about 
EPA's regulatory reform activity is available to the public at https://www.epa.gov/laws-regulations/regulatory-reform.
4. 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 establishes a docket to accumulate 
materials developed 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 https://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 no 610 reviews.

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 the RFA as amended by SBREFA, the Agency must prepare a 
formal analysis of the potential negative impacts on small entities, 
convene a Small Business Advocacy Review Panel (proposed rule stage), 
and prepare a Small Entity Compliance Guide (final rule stage) unless 
the Agency certifies a rule will not have a significant economic impact 
on a substantial number of small entities. For more detailed 
information about the Agency's policy and practice with respect to 
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at 
https://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: July 25, 2018.
 Brittany Bolen,
Associate Administrator, Office of Policy.

                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
356.......................  Methylene Chloride;                2070-AK07
                             Rulemaking Under TSCA
                             Section 6(a).
------------------------------------------------------------------------


                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
357.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing.
358.......................  N-Methylpyrrolidone;               2070-AK46
                             Regulation of Certain
                             Uses Under TSCA Section
                             6(a).
------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

356. Methylene Chloride; Rulemaking Under TSCA Section 6(A)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act; 15 
U.S.C. 2625 TSCA 26
    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. Section 
26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for 
chemicals listed in the 2014 update to the TSCA Work Plan for Chemical 
Assessments for which EPA published completed risk assessments prior to 
June 22, 2016, consistent with the scope of the completed risk 
assessment. Methylene chloride is used in paint and coating removal in 
commercial processes and consumer products. In the August 2014 TSCA 
Work Plan Chemical Risk Assessment for methylene chloride, EPA 
characterized risks from use of these chemicals in paint and coating 
removal. On January 19, 2017, EPA preliminarily determined that the use 
of methylene chloride in paint and coating removal poses an 
unreasonable risk of injury to health. EPA also proposed prohibitions 
and restrictions on the manufacture, processing, and distribution in 
commerce of methylene chloride for all consumer and most types of 
commercial paint and coating removal and on the use of methylene 
chloride in commercial paint and coating removal in specified sectors. 
While EPA proposed to identify the use of methylene chloride in 
commercial furniture refinishing as presenting an unreasonable risk, 
EPA intends to further evaluate the commercial furniture refinishing 
use and develop an

[[Page 58084]]

appropriate regulatory risk management approach under the process for 
risk evaluations for existing chemicals under TSCA. Although N-
methylpyrrolidone (NMP) was included in the January 2017 proposed rule, 
EPA intends to address NMP use in paint and coating removal in the risk 
evaluation for NMP and to consider any resulting risk reduction 
requirements in a separate regulatory action (RIN 2070-AK46).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 7464
NPRM Comment Period Extended........   05/01/17  82 FR 20310
Notice..............................   08/30/17  82 FR 41256
Final Rule..........................   12/00/18  .......................
------------------------------------------------------------------------

    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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Long-Term Actions

357. 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. 
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA 
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan 
for Chemical Assessments for which EPA published completed risk 
assessments prior to June 22, 2016, consistent with the scope of the 
completed risk assessment. 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 has preliminarily 
determined that these risks 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, 
proposed to address the unreasonable risks from TCE when used 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: Toni Krasnic, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0984, 
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

358.  N-Methylpyrrolidone; Regulation of Certain Uses 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. Section 
26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for 
chemicals listed in the 2014 update to the TSCA Work Plan for Chemical 
Assessments for which EPA published completed risk assessments prior to 
June 22, 2016, consistent with the scope of the completed risk 
assessment. N-methylpyrrolidone (NMP) is used in paint and coating 
removal in commercial processes and consumer products. In the March 
2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized 
risks from use of this chemical in paint and coating removal. On 
January 19, 2017, EPA preliminarily determined that the use of NMP in 
paint and coating removal poses an unreasonable risk of injury to 
health. EPA also co-proposed two options for NMP in paint and coating 
removal. The first co-proposal would prohibit the manufacture, 
processing, and distribution in commerce of NMP for all consumer and 
most commercial paint and coating removal and the use of NMP for most 
commercial paint and coating removal. The second co-proposal would 
require commercial users of NMP for paint and coating removal to 
establish a worker protection program and not use paint and coating 
removal products that contain greater than 35% NMP by weight, with 
certain exceptions; and require processors of products containing NMP 
for paint and coating removal to reformulate products such that they do 
not exceed 35% NMP by weight, to identify gloves that provide effective 
protection for the formulation, and to provide warnings and 
instructions on any paint and coating removal products containing NMP.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/17/17  82 FR 7464
                                     -----------------------------------
Final Rule..........................           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-AK46

[FR Doc. 2018-23914 Filed 11-15-18; 8:45 am]
 BILLING CODE 6560-50-P