[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1932-1938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28234]



[[Page 1931]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part XVI





Environmental Protection Agency





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 / 
Unified Agenda

[[Page 1932]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-9968-33-OP]


Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public. This 
document contains information about:
    <bullet> Regulations in the semiannual regulatory agenda that are 
under development, completed, or canceled since the last agenda; and
    <bullet> Reviews of regulations with small business impacts under 
Section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
semiannual regulatory agenda, please contact: Caryn Muellerleile 
(<a href="/cdn-cgi/l/email-protection#b9d4ccdcd5d5dccbd5dcd0d5dc97dad8cbc0d7f9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="214c54444d4d44534d44484d440f424053584f614451400f464e57">[email protected]</span></a>; 202-564-2855).

Table of Contents

I. Introduction
    A. EPA's Regulatory Information
    B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?
    C. How can you be involved in EPA's rule and policymaking 
process?
II. Semiannual Regulatory Agenda
    A. What actions are included in the E-Agenda and the Regulatory 
Flexibility agenda?
    B. How is the E-Agenda organized?
    C. What information is in the Regulatory Flexibility agenda and 
the E-Agenda?
    D. What tools are available for mining Regulatory Agenda data 
and for finding more about EPA rules and policies?
III. Review of Regulations under 610 of the Regulatory Flexibility 
Act
    A. Reviews of Rules with Significant Impacts on a Substantial 
Number of Small Entities
    B. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
IV. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION:

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting the environment and the health, 
welfare, and safety of Americans while also supporting economic growth, 
job creation, competitiveness, and innovation. EPA publishes the 
Semiannual Regulatory Agenda to update the public about regulatory 
activity undertaken in support of this mission. In the Semiannual 
Regulatory Agenda, EPA provides notice of our plans to review, propose, 
and issue regulations.
    Additionally, EPA's Semiannual Regulatory Agenda includes 
information about rules that may have a significant economic impact on 
a substantial number of small entities, and review of those regulations 
under the Regulatory Flexibility Act, as amended.
    In this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Regulatory Agenda 
and actions that are currently undergoing review specifically for 
impacts on small entities.

A. EPA's Regulatory Information

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register. 
Currently, this information is only available through an online 
database, at both www.reginfo.gov/ and www.regulations.gov.
    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. We continue to 
publish this document in the Federal Register pursuant to the 
Regulatory Flexibility Act of 1980. This document is available at 
https://www.gpo.gov/fdsys/search/home.action.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the General Service 
Administration.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
    ``610 Review'' as required by the Regulatory Flexibility Act means 
a periodic review within ten years of promulgating a final rule that 
has or may have a significant economic impact on a substantial number 
of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews.

B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?

    A number of environmental laws authorize EPA's actions, including 
but not limited to:

    <bullet> Clean Air Act (CAA),
    <bullet> Clean Water Act (CWA),
    <bullet> Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA, or Superfund),
    <bullet> Emergency Planning and Community Right-to-Know Act 
(EPCRA),
    <bullet> Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA),
    <bullet> Resource Conservation and Recovery Act (RCRA),
    <bullet> Safe Drinking Water Act (SDWA), and
    <bullet> Toxic Substances Control Act (TSCA).

    Not only must EPA comply with environmental laws, but also 
administrative legal requirements that apply to the issuance of 
regulations, such as: the Administrative Procedure Act (APA), the 
Regulatory Flexibility Act (RFA) as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates 
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National 
Technology Transfer and Advancement Act (NTTAA), and the Congressional 
Review Act (CRA).
    EPA also meets a number of requirements contained in numerous 
Executive Orders: 13771, ``Reducing Regulation and Controlling 
Regulatory Costs'' (82 FR 9339, Feb. 3, 2017); 12866, ``Regulatory 
Planning and Review'' (58 FR 51735, Oct. 4, 1993), as supplemented by 
Executive Order 13563, ``Improving Regulation and Regulatory Review'' 
(76 FR 3821, Jan. 21, 2011); 12898, ``Environmental Justice'' (59 FR 
7629, Feb. 16, 1994); 13045, ``Children's Health Protection'' (62 FR 
19885, Apr. 23, 1997); 13132, ``Federalism'' (64 FR 43255, Aug. 10, 
1999); 13175, ``Consultation and Coordination with Indian Tribal 
Governments'' (65 FR 67249, Nov. 9, 2000); 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

C. How can you be involved in EPA's rule and policymaking process?

    You can make your voice heard by getting in touch with the contact 
person provided in each agenda entry. EPA encourages you to participate 
as early in the process as possible. You may also participate by 
commenting on proposed rules published in the Federal Register (FR).
    Instructions on how to submit your comments through https://www.regulations.gov are provided in

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each Notice of Proposed Rulemaking (NPRM). To be most effective, 
comments should contain information and data that support your position 
and you also should explain why EPA should incorporate your suggestion 
in the rule or other type of action. You can be particularly helpful 
and persuasive if you provide examples to illustrate your concerns and 
offer specific alternative(s) to that proposed by EPA.
    EPA believes its actions will be more cost effective and protective 
if the development process includes stakeholders working with us to 
help identify the most practical and effective solutions to 
environmental problems. EPA encourages you to become involved in its 
rule and policymaking process. For more information about EPA's efforts 
to increase transparency, participation and collaboration in EPA 
activities, please visit https://www.epa.gov/open.

II. Semiannual Regulatory Agenda

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:
    <bullet> Administrative actions such as delegations of authority, 
changes of address, or phone numbers;
    <bullet> 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;
    <bullet> Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins;
    <bullet> Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;
    <bullet> Under RCRA: Authorization of State solid waste management 
plans; hazardous waste delisting petitions;
    <bullet> 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;
    <bullet> Under SDWA: Actions on State underground injection control 
programs.
    Meanwhile, the Regulatory Flexibility Agenda includes:
    <bullet> Actions likely to have a significant economic impact on a 
substantial number of small entities.
    <bullet> Rules the Agency has identified for periodic review under 
section 610 of the RFA. EPA has one ongoing 610 review at this time.

B. How is the E-Agenda organized?

    Online, you can choose how to sort the agenda entries by specifying 
the characteristics of the entries of interest in the desired 
individual data fields for both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda. You can sort based on the 
following characteristics: EPA subagency (such as Office of Water); 
stage of rulemaking as described in the following paragraphs; 
alphabetically by title; or the Regulation Identifier Number (RIN), 
which is assigned sequentially when an action is added to the agenda.
    Each entry in the Agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--EPA's prerule actions generally are intended to 
determine whether the agency should initiate rulemaking. Prerulemakings 
may include anything that influences or leads to rulemaking; this would 
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or 
analyses of the possible need for regulatory action.
    2. Proposed Rule Stage-- Proposed rulemaking actions include EPA's 
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled 
to publish in the Federal Register within the next year.
    3. Final Rule Stage--Final rulemaking actions are those actions 
that EPA is scheduled to finalize and publish in the Federal Register 
within the next year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action (such as publication of a NPRM or 
final rule) is twelve or more months into the future. We urge you to 
explore becoming involved even if an action is listed in the Long-Term 
category.
    5. Completed Actions--EPA's completed actions are those that have 
been promulgated and published in the Federal Register since 
publication of the spring 2017 Agenda. The term completed actions also 
includes actions that EPA is no longer considering and has elected to 
``withdraw'' and also the results of any RFA section 610 reviews.

C. What information is in the Regulatory Flexibility agenda and the E-
Agenda?

    The Regulatory Flexibility Agenda entries include only the nine 
categories of information that are required by the Regulatory 
Flexibility Act of 1980 and by Federal Register Agenda printing 
requirements: Sequence Number, RIN, Title, Description, Statutory 
Authority, Section 610 Review, if applicable, Regulatory Flexibility 
Analysis Required, Schedule and Contact Person. Note that the 
electronic version of the Agenda (E-Agenda) replicates each of these 
actions with more extensive information, described below.
    E-Agenda entries include:
    Title: a brief description of the subject of the regulation. The 
notation ``Section 610 Review'' follows the title if we are reviewing 
the rule as part of our periodic review of existing rules under section 
610 of the RFA (5 U.S.C. 610).
    Priority: Each entry is placed into one of the five following 
categories:
    a. Economically Significant: Under Executive Order 12866, a 
rulemaking that may have an annual effect on the economy of $100 
million or more, or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Pesticide Tolerances and Tolerance 
Exemptions). If an action that would normally be classified Routine and 
Frequent is

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reviewed by the Office of Management and Budget (OMB) under E.O. 12866, 
then we would classify the action as either ``Economically 
Significant'' or ``Other Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of E.O. 12866.
    E.O. 13771 Designation: Each entry is placed into one of the 
following categories:
    a. Deregulatory: When finalized, an action is expected to have 
total costs less than zero;
    b. Regulatory: The action is either
    (i) a significant regulatory action as defined in Section 3(f) of 
E.O. 12866, or
    (ii) a significant guidance document (e.g., significant 
interpretive guidance) reviewed by OMB's Office of Information and 
Regulatory Affairs (OIRA) under the procedures of E.O. 12866 that, when 
finalized, is expected to impose total costs greater than zero;
    c. Fully or Partially Exempt: The action has been granted, or is 
expected to be granted, a full or partial waiver under one or more of 
the following circumstances:
    (i) It is expressly exempt by E.O. 13771 (issued with respect to a 
``military, national security, or foreign affairs function of the 
United States''; or related to ``agency organization, management, or 
personnel''), or
    (ii) it addresses an emergency such as critical health, safety, 
financial, or non-exempt national security matters (offset requirements 
may be exempted or delayed), or
    (iii) it is required to meet a statutory or judicial deadline 
(offset requirements may be exempted or delayed), or
    (iv) expected to generate de minimis costs;
    d. Not subject to, not significant: Is a NPRM or final rule AND is 
neither an E.O. 13771 regulatory action nor an E.O. 13771 deregulatory 
action;
    e. Other: At the time of designation, either the available 
information is too preliminary to determine E.O. 13771 status or other 
reasonable circumstances preclude a preliminary E.O. 13771 designation.
    f. Independent agency: Is an action an independent agency 
anticipates issuing and thus is not subject to E.O. 13771.
    Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if 
it has resulted or is likely to result in an annual effect on the 
economy of $100 million or more or meets other criteria specified in 
that Act.
    Unfunded Mandates: Whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year, the agency prepare a written statement on 
federal mandates addressing costs, benefits, and intergovernmental 
consultation.
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law 
that authorizes the regulatory action.
    CFR Citation: The sections of the Code of Federal Regulations that 
would be affected by the action.
    Legal Deadline: An indication of whether the rule is subject to a 
statutory or judicial deadline, the date of that deadline, and whether 
the deadline pertains to a Notice of Proposed Rulemaking, a Final 
Action, or some other action.
    Abstract: A brief description of the problem the action will 
address.
    Timetable: The dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 10/00/18 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. For some entries, the timetable indicates 
that the date of the next action is ``to be determined.''
    Regulatory Flexibility Analysis Required: Indicates whether EPA has 
prepared or anticipates preparing a regulatory flexibility analysis 
under section 603 or 604 of the RFA. Generally, such an analysis is 
required for proposed or final rules subject to the RFA that EPA 
believes may have a significant economic impact on a substantial number 
of small entities.
    Small Entities Affected: Indicates whether the rule is anticipated 
to have any effect on small businesses, small governments or small 
nonprofit organizations.
    Government Levels Affected: Indicates whether the rule may have any 
effect on levels of government and, if so, whether the affected 
governments are State, local, tribal, or Federal.
    Federalism Implications: Indicates whether the action is expected 
to have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    Energy Impacts: Indicates whether the action is a significant 
energy action under E.O. 13211.
    Sectors Affected: Indicates the main economic sectors regulated by 
the action. The regulated parties are identified by their North 
American Industry Classification System (NAICS) codes. These codes were 
created by the Census Bureau for collecting, analyzing, and publishing 
statistical data on the U.S. economy. There are more than 1,000 NAICS 
codes for sectors in agriculture, mining, manufacturing, services, and 
public administration.
    International Trade Impacts: Indicates whether the action is likely 
to have international trade or investment effects, or otherwise be of 
international interest.
    Agency Contact: The name, address, phone number, and email address, 
if available, of a person who is knowledgeable about the regulation.
    Additional Information: Other information about the action 
including docket information.
    URLs: For some actions, the internet addresses are included for 
reading copies of rulemaking documents, submitting comments on 
proposals, and getting more information about the rulemaking and the 
program of which it is a part. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

D. What tools are available for mining Regulatory Agenda data and for 
finding more about EPA rules and policies?

1. Federal Regulatory Dashboard
    The https://www.reginfo.gov/ searchable database, maintained by the 
Regulatory Information Service Center and OIRA, allows users to view 
the Regulatory Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data transmission 
options.
2. Subject Matter EPA websites
    Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the 
action.
3. Public Dockets
    When EPA publishes either an Advance Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register, the Agency typically

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establishes a docket to accumulate materials throughout the development 
process for that rulemaking. The docket serves as the repository for 
the collection of documents or information related to that particular 
Agency action or activity. EPA most commonly uses dockets for 
rulemaking actions, but dockets may also be used for RFA section 610 
reviews of rules with significant economic impacts on a substantial 
number of small entities and for various non-rulemaking activities, 
such as Federal Register documents seeking public comments on draft 
guidance, policy statements, information collection requests under the 
PRA, and other non-rule activities. Docket information should be in 
that action's agenda entry. All of EPA's public dockets can be located 
at www.regulations.gov.

III. Review of Regulations under 610 of the Regulatory Flexibility Act

A. Reviews of Rules With Significant Impacts on a Substantial Number of 
Small Entities

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. At this 
time, EPA has one ongoing 610 review.

----------------------------------------------------------------------------------------------------------------
              Review Title                     RIN               Docket ID #                    Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of Lead-Based Paint        2070-AK17  EPA-HQ-OPPT-2016-0126.....  Ongoing.
 Activities; Training and Certification
 for Renovation and Remodeling Section
 402(c)(3).
----------------------------------------------------------------------------------------------------------------

    EPA established an official public docket for this 610 Review. EPA 
is no longer accepting comment on the review itself, but comments 
received in 2016 can be accessed at https://www.regulations.gov/ with 
docket identification number EPA-HQ-OPPT-2016-0126.

B. What other special attention does EPA give to the impacts of rules 
on small businesses, small governments, and small nonprofit 
organizations?

    For each of EPA's rulemakings, consideration is given to whether 
there will be any adverse impact on any small entity. EPA attempts to 
fit the regulatory requirements, to the extent feasible, to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to the regulation.
    Under RFA as amended by SBREFA, the Agency must prepare a formal 
analysis of the potential negative impacts on small entities, convene a 
Small Business Advocacy Review Panel (proposed rule stage), and prepare 
a Small Entity Compliance Guide (final rule stage) unless the Agency 
certifies a rule will not have a significant economic impact on a 
substantial number of small entities. For more detailed information 
about the Agency's policy and practice with respect to implementing 
RFA/SBREFA, please visit EPA's RFA/SBREFA website at www.epa.gov/reg-flex.

IV. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in making progress on the complex issues involved in protecting 
human health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the problems 
we face, and the regulatory agenda is an important part of that 
process.

    Dated: October 2, 2017.
 Samantha K. Dravis,
Associate Administrator, Office of Policy.

                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
321.......................  Accidental Release                 2050-AG82
                             Prevention Requirements:
                             Risk Management Programs
                             Under the Clean Air Act.
------------------------------------------------------------------------


                            35--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
322.......................  Section 610 Review of Lead-        2070-AK17
                             Based Paint Activities;
                             Training and
                             Certification for
                             Renovation and Remodeling
                             Section 402(c)(3)
                             (Section 610 Review).
------------------------------------------------------------------------


                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
323.......................  N-Methylpyrrolidone (NMP)          2070-AK07
                             and Methylene Chloride;
                             Rulemaking Under TSCA
                             Section 6(a).
324.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing.
------------------------------------------------------------------------


                          35--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
325.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


[[Page 1936]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

321. Accidental Release Prevention Requirements: Risk Management 
Programs Under the Clean Air Act

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 42 U.S.C. 7412(r)
    Abstract: The EPA, in response to Executive Order 13650, has 
amended its Risk Management Program regulations. Such revisions include 
several changes to the accident prevention program requirements 
including an additional analysis of safer technology and alternatives 
for the process hazard analysis for some Program 3 processes, third-
party audits and incident investigation root cause analysis for Program 
2 and Program 3 processes, enhancements to the emergency preparedness 
requirements, increased public availability of chemical hazard 
information, and several other changes to certain regulatory 
definitions and data elements submitted in risk management plans. Such 
amendments are intended to improve chemical process safety, assist 
local emergency authorities in planning for and responding to 
accidents, and improve public awareness of chemical hazards at 
regulated sources.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/14/16  81 FR 13637
Final Rule..........................   01/13/17  82 FR 4594
Final Rule Effective................   02/19/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Belke, Environmental Protection Agency, Office 
of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail 
Code 5104A, Washington, DC 20460, Phone: 202 564-8023, Fax: 202 564-
8444, Email: <a href="/cdn-cgi/l/email-protection#5331363f38367d393a3e133623327d343c25"><span class="__cf_email__" data-cfemail="4321262f28266d292a2e032633226d242c35">[email protected]</span></a>.
    Kathy Franklin, Environmental Protection Agency, Office of Land and 
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5104A, 
Washington, DC 20460, Phone: 202 564-7987, Fax: 202 564-2625, Email: 
<a href="/cdn-cgi/l/email-protection#711703101f1a1d181f5f1a10051908311401105f161e07"><span class="__cf_email__" data-cfemail="2f495d4e414443464101444e5b47566f4a5f4e01484059">[email protected]</span></a>.
    RIN: 2050-AG82

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Prerule Stage

322. Section 610 Review of Lead-Based Paint Activities; Training and 
Certification for Renovation and Remodeling Section 402(c)(3) (Section 
610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 5 U.S.C. 610
    Abstract: EPA is continuing a review of the 2008 Lead; Renovation, 
Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section 
610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was 
amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a 
provision for contractors to opt-out of prescribed work practices and 
to affirm the qualitative clearance of renovated or repaired spaces, 
respectively. Although the section 610 review only needs to address the 
2008 RRP Rule, EPA is exercising its discretion to consider relevant 
comments to the 2010 and 2011 amendments, including comments on lead 
test kits, field testing alternatives and other broader RRP rule 
concerns as referenced in 80 FR 79335 and 80 FR 27621. The RRP rule is 
intended to reduce exposure to lead hazard created by renovation, 
repair, and painting activities that disturb lead-based paint. The 
current rule establishes requirements for training renovators and dust 
sampling technicians; certifying renovators, dust sampling technicians, 
and renovation firms; accrediting providers of renovation and dust 
sampling technician training; and for renovation work practices. This 
entry in the regulatory agenda describes EPA's review of this action 
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 
610) to determine if the provisions that could affect small entities 
should be continued without change, or should be rescinded or amended 
to minimize adverse impacts on small entities. As part of this review, 
EPA is considering comments on the following factors: (1) The continued 
need for the rule; (2) the nature of complaints or comments received 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal, 
State, or local government rules; and (5) the degree to which the 
technology, economic conditions or other factors have changed in the 
area affected by the rule. The results of EPA's review will be 
summarized in a report and placed in the docket at the conclusion of 
this review. This review's Docket ID number is EPA-HQ-OPPT-2016-0126; 
the docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/22/08  73 FR 21691
Begin Review........................   06/09/16  81 FR 37373
Comment Period Extended.............   08/08/16  81 FR 52393
End Review..........................   04/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jonathan Shafer, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-0789, 
Email: <a href="/cdn-cgi/l/email-protection#35465d545350471b5f5a5b54415d545b755045541b525a43"><span class="__cf_email__" data-cfemail="a2d1cac3c4c7d08cc8cdccc3d6cac3cce2c7d2c38cc5cdd4">[email protected]</span></a>.
    Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW., Mail 
Code 7404T, Washington, DC 20460, Phone: 202 566-0744, Email: 
<a href="/cdn-cgi/l/email-protection#e696948f8583c88b8f858e838a8a83a6839687c8818990"><span class="__cf_email__" data-cfemail="bececcd7dddb90d3d7ddd6dbd2d2dbfedbcedf90d9d1c8">[email protected]</span></a>.
    RIN: 2070-AK17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Long-Term Actions

323. N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under 
TSCA Section 6(A)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6(a) of the Toxic Substances Control Act provides 
authority for EPA to ban or restrict the manufacture (including 
import), processing, distribution in commerce, and use of chemical 
substances, as well as any manner or method of disposal. Methylene 
chloride and N-methylpyrrolidone (NMP) are used in paint and coating 
removal in commercial processes, consumer products, and residential 
settings. In the August 2014 TSCA Work Plan Chemical Risk Assessment 
for methylene chloride and the March 2015 TSCA Work Plan Chemical Risk 
Assessment for NMP, EPA characterized risks from use of these chemicals 
in paint and coating removal. EPA determined that these are 
unreasonable risks. On January 19, 2017, EPA proposed prohibitions and 
restrictions on the use of methylene chloride in consumer and most 
types of

[[Page 1937]]

commercial paint and coating removal. EPA co-proposed two options for 
NMP in paint and coating removal. The first co-proposal would prohibit 
NMP in all consumer and commercial paint and coating removal. The 
second co-proposal would establish a worker protection program for 
commercial use of NMP in paint and coating removal; limit the 
concentration of NMP in all paint and coating removal products; and 
require warnings and instructions on any consumer paint and coating 
removal products containing NMP. Also in that proposal, EPA identified 
commercial furniture refinishing as an industry for which EPA would 
like more information before proposing regulations to address the risks 
presented by methylene chloride, and announced its intention to issue a 
separate proposal to address those risks. EPA held a public workshop on 
September 12, 2017, with representatives of federal and state 
government agencies, industry professionals, furniture refinishing 
experts, non-government organizations, academic experts, and others to 
discuss the role of methylene chloride in furniture refinishing, work 
practices employed when using methylene chloride in furniture 
refinishing, potential alternatives, economic impacts, and other issues 
identified in EPA's January 2017 proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 7464
NPRM Comment Period Extended........   05/01/17  82 FR 20310
                                     -----------------------------------
Supplemental NPRM...................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ana Corado, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue 
NW, Mail Code 7408M, Washington, DC 20460, Phone: 202 564-0140, Email: 
<a href="/cdn-cgi/l/email-protection#33505c4152575c1d525d52735643521d545c45"><span class="__cf_email__" data-cfemail="c0a3afb2a1a4afeea1aea180a5b0a1eea7afb6">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#295e46454f0743464c45694c5948074e465f"><span class="__cf_email__" data-cfemail="a5d2cac9c38bcfcac0c9e5c0d5c48bc2cad3">[email protected]</span></a>.
    RIN: 2070-AK07

324. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(A); Vapor 
Degreasing

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA) 
provides authority for EPA to ban or restrict the manufacture 
(including import), processing, distribution in commerce, and use of 
chemical substances, as well as any manner or method of disposal. In 
the June 2014 TSCA Work Plan Chemical Risk Assessment for TCE, EPA 
characterized risks from the use of TCE in commercial degreasing and in 
some consumer uses. EPA determined that these are unreasonable risks. 
On January 19, 2017, EPA proposed to prohibit the manufacture, 
processing, distribution in commerce, or commercial use of TCE in vapor 
degreasing. A separate action (RIN 2070-AK03), published on December 
16, 2016, proposes to address the unreasonable risks from TCE when as a 
spotting agent in dry cleaning and in commercial and consumer aerosol 
spray degreasers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 7432
NPRM Comment Period Extended........   02/15/17  82 FR 10732
NPRM Comment Period Extended........   05/01/17  82 FR 20310
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cindy Wheeler, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-0484, 
Email: <a href="/cdn-cgi/l/email-protection#c6b1aea3a3aaa3b4e8a5afa8a2bf86a3b6a7e8a1a9b0"><span class="__cf_email__" data-cfemail="c2b5aaa7a7aea7b0eca1abaca6bb82a7b2a3eca5adb4">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#087f67646e2662676d64486d7869266f677e"><span class="__cf_email__" data-cfemail="ee99818288c084818b82ae8b9e8fc0898198">[email protected]</span></a>.
    RIN: 2070-AK11

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Completed Actions

325. Formaldehyde Emission Standards for Composite Wood Products

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
    Abstract: On December 12, 2016, the EPA issued a final rule to 
implement the Formaldehyde Standards for Composite Wood Products Act, 
which added Title VI to the Toxic Substances Control Act (TSCA). The 
purpose of TSCA Title VI is to reduce formaldehyde emissions from 
composite wood products, which will reduce exposures to formaldehyde 
and result in benefits from avoided adverse health effects. This final 
rule includes formaldehyde emission standards applicable to hardwood 
plywood, medium-density fiberboard, and particleboard, and finished 
goods containing these products, that are sold, supplied, offered for 
sale, or manufactured (including imported) in the United States. This 
final rule includes provisions relating to, among other things, 
laminated products, products made with no-added formaldehyde resins or 
ultra low-emitting formaldehyde resins, testing requirements, product 
labeling, chain of custody documentation and other recordkeeping 
requirements, enforcement, import certification, and product inventory 
sell-through provisions, including a product stockpiling prohibition. 
This final rule also establishes a third-party certification program 
for hardwood plywood, medium-density fiberboard, and particleboard and 
includes procedures for the accreditation of third-party certifiers and 
general requirements for accreditation bodies and third-party 
certifiers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/03/08  73 FR 73620
Second ANPRM........................   01/30/09  74 FR 5632
NPRM................................   06/10/13  78 FR 34795
NPRM Comment Period Extended........   07/23/13  78 FR 44090
NPRM Comment Period Extended........   08/21/13  78 FR 51696
Final Rule..........................   12/12/16  81 FR 89674
Final Rule Effective................   05/22/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Courtnage, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, 
Email: <a href="/cdn-cgi/l/email-protection#37545842454359565052194558555245437752475619505841"><span class="__cf_email__" data-cfemail="06656973747268676163287469646374724663766728616970">[email protected]</span></a>.

[[Page 1938]]

Erik Winchester, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7404T, Washington, DC 20460, Phone: 202 564-6450, Email: 
<a href="/cdn-cgi/l/email-protection#75021c1b161d10060110075b10071c1e351005145b121a03"><span class="__cf_email__" data-cfemail="89fee0e7eae1ecfafdecfba7ecfbe0e2c9ecf9e8a7eee6ff">[email protected]</span></a>.
    RIN: 2070-AJ44

[FR Doc. 2017-28234 Filed 1-11-18; 8:45 am]
BILLING CODE 6560-50-P


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