[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
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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.
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Review title RIN Docket ID No. Status
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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
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Regulation
Sequence No. Title Identifier No.
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173....................... Section 610 Review of 2060-AU44
Renewable Fuels Standard
Program (Section 610
Review).
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35--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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174....................... Review of Dust-Lead Hazard 2070-AJ82
Standards and the
Definition of Lead-Based
Paint.
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[[Page 29694]]
35--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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175....................... N-Methylpyrrolidone; 2070-AK46
Regulation of Certain
Uses Under TSCA Section
6(a).
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35--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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176....................... Methylene Chloride; 2070-AK07
Regulation of Paint and
Coating Removal for
Consumer Use Under TSCA
Section 6(a).
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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:
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Action Date FR Cite
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Final Rule.......................... 03/26/10 75 FR 14669
Begin Review........................ 05/00/19
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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
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Final Rule.......................... To Be Determined
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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:
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Action Date FR Cite
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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
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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