[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29689-29695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11858]



[[Page 29689]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XV





Environmental Protection Agency





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Unified Agenda

  Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 / 
Unified Agenda  

[[Page 29690]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 9990-93-OP; EPA-HQ-OAR-2019-0168]


Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

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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; 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 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 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.govinfo.gov/app/collection/fr.
    ``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. EPA is initiating one 610 
review in spring 2019.

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

[[Page 29691]]

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 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; 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 TSCA: Actions involving premanufacture notices and 
follow-up activities for new chemical substances and significant new 
uses, including section 5(e) Orders and specific exemptions under 
sections 5(h)(4) and 26(c); and actions related to prioritization and 
risk evaluations for individual or categories of existing chemical 
substances under section 6;
     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 is initiating one 610 review 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 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 fall 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.

[[Page 29692]]

    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 reviewed by the Office of Management and Budget (OMB) under 
Executive Order 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''), 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 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 E.O. 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 05/00/20 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 Executive Order 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.

[[Page 29693]]

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. 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 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 is initiating one 610 review.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Review title                             RIN                         Docket ID No.                               Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 610 Review of Renewable Fuels Standard                2060-AU44  EPA-HQ-OAR-2019-0168                            Initiated.
 Program.
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    EPA has established an official public docket for this 610 review. 
Comments received on this 610 review can be submitted at https://www.regulations.gov/ with docket identification number EPA-HQ-OAR-2019-
0168.

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 
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: March 11, 2019.
Brittany Bolen,
Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
173.......................  Section 610 Review of              2060-AU44
                             Renewable Fuels Standard
                             Program (Section 610
                             Review).
------------------------------------------------------------------------


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
174.......................  Review of Dust-Lead Hazard         2070-AJ82
                             Standards and the
                             Definition of Lead-Based
                             Paint.
------------------------------------------------------------------------


[[Page 29694]]


                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
175.......................  N-Methylpyrrolidone;               2070-AK46
                             Regulation of Certain
                             Uses Under TSCA Section
                             6(a).
------------------------------------------------------------------------


                          35--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
176.......................  Methylene Chloride;                2070-AK07
                             Regulation of Paint and
                             Coating Removal for
                             Consumer Use Under TSCA
                             Section 6(a).
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

173.  Section 610 Review of Renewable Fuels Standard Program 
(Section 610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 5 U.S.C. 610
    Abstract: This notice indicates that EPA will review this action 
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 
610). As part of this review, EPA would consider and solicit 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/26/10  75 FR 14669
Begin Review........................   05/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Julia Burch, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Ave. NW, Washington, DC 
20460, Phone: 202 564-0961, Email: [email protected].
    Jessica Mroz, Environmental Protection Agency, Office of Air and 
Radiation, 1200 Pennsylvania Ave. NW, Washington, DC 20460, Phone: 202 
564-1094, Email: [email protected].
    RIN: 2060-AU44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

174. Review of Dust-Lead Hazard Standards and the Definition of Lead-
Based Paint

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 2681, TSCA 401; 15 U.S.C. 2682; 15 
U.S.C. 2683, TSCA 403; 15 U.S.C. 2684
    Abstract: Addressing childhood lead exposure is a priority for EPA. 
As part of EPA's efforts to reduce childhood lead exposure, EPA 
evaluated the current dust-lead hazard standards (DLHS) and the 
definition of lead-based paint (LBP). Based on this evaluation, EPA 
proposed to change the dust-lead hazard standards from 40 [mu]g/ft\2\ 
and 250 [mu]g/ft\2\ to 10 [mu]g/ft\2\ and 100 [mu]g/ft\2\ on floors and 
window sills, respectively. These standards apply to most pre-1978 
housing and child-occupied facilities, such as day care centers and 
kindergarten facilities. In addition, EPA proposed to make no change to 
the definition of lead-based paint because the Agency currently lacks 
sufficient information to support such a change. The proposed rule was 
issued in compliance with the December 27, 2017, decision of the Ninth 
Circuit, and the subsequent March 26, 2018, order that directed the EPA 
``to issue a proposed rule within ninety (90) days from the filed date 
of this order''. EPA is reviewing the comments received and developing 
a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/02/18  83 FR 30889
NPRM Comment Period End.............   08/16/18
Final Rule..........................   06/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Yowell, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, Mail Code 7404T, 
Washington, DC 20460, Phone: 202 564-1213, Email: [email protected].
    Marc Edmonds, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7404T, Washington, DC 20460, Phone: 202 566-0758, Email: 
[email protected].
    RIN: 2070-AJ82

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Long-Term Actions

175. 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.

[[Page 29695]]

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. In the final rule for 
methylene chloride in consumer paint and coating removal (RIN 2070-
AK07), EPA explained that the Agency was not finalizing the proposed 
regulation for NMP as part of that action. NMP use in paint and coating 
removal will be incorporated into the risk evaluation currently being 
conducted under TSCA section 6(b).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/17/17  82 FR 7464
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Niva Kramek, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-4830, 
Email: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK46

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Completed Actions

176. Methylene Chloride; Regulation of Paint and Coating Removal for 
Consumer Use 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 publish proposed and final rules 
under TSCA section 6(a) that are consistent with the scope of completed 
TSCA Work Plan chemical risk assessments completed before June 22, 2016 
and that are consistent with other applicable requirements of TSCA 
section 6. 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. 
In the final rule published on March 27, 2019, EPA determined that the 
use of methylene chloride in consumer paint and coating removal 
presents an unreasonable risk of injury to health due to acute human 
lethality but, exercising its discretion under section 26(l)(4), EPA 
did not finalize such a determination concerning the use of methylene 
chloride in commercial paint and coating removal and did not finalize 
that portion of the proposed rule. To address the unreasonable risk to 
consumers of acute human lethality, the final rule prohibits the 
manufacture (including import), processing, and distribution in 
commerce of methylene chloride for consumer paint and coating removal, 
including distribution to and by retailers; requires manufacturers 
(including importers), processors, and distributors, except for 
retailers, of methylene chloride for any use to provide downstream 
notification of these prohibitions; and requires the retention of 
certain records. While EPA proposed to identify the use of methylene 
chloride in commercial furniture refinishing as presenting an 
unreasonable risk, EPA intends to further evaluate this and other 
commercial paint and coating removal uses and develop an 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
Notice..............................   08/30/17  82 FR 41256
Final Rule..........................   03/27/19  84 FR 11420
Final Rule Effective................   05/28/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Joel Wolf, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue 
NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
[email protected].
    RIN: 2070-AK07

[FR Doc. 2019-11858 Filed 6-21-19; 8:45 am]
BILLING CODE 6560-50-P