1932 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[FRL–9968–33–OP] 

Fall 2017 Unified Agenda of Regulatory 

and Deregulatory Actions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory agenda. 

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: 

• Regulations in the semiannual 

regulatory agenda that are under 

development, completed, or canceled 

since the last agenda; and 

• Reviews of regulations with small 

business impacts under Section 610 of 

the Regulatory Flexibility Act. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions or comments about 

a particular action, please get in touch 

with the agency contact listed in each 

agenda entry. If you have general 

questions about the semiannual 

regulatory agenda, please contact: Caryn 

Muellerleile (muellerleile.caryn@

epa.gov; 202–564–2855). 

Table of Contents 

I. Introduction 

A. EPA’s Regulatory Information 

B. What key statutes and Executive Orders 

guide EPA’s rule and policymaking 

process? 

C. How can you be involved in EPA’s rule 

and policymaking process? 

II. Semiannual Regulatory Agenda 

A. What actions are included in the EAgenda and the Regulatory Flexibility 

agenda? 

B. How is the E-Agenda organized? 

C. What information is in the Regulatory 

Flexibility agenda and the E-Agenda? 

D. What tools are available for mining 

Regulatory Agenda data and for finding 

more about EPA rules and policies? 

III. Review of Regulations under 610 of the 

Regulatory Flexibility Act 

A. Reviews of Rules with Significant 

Impacts on a Substantial Number of 

Small Entities 

B. What other special attention does EPA 

give to the impacts of rules on small 

businesses, small governments, and 

small nonprofit organizations? 

IV. Thank You for Collaborating With Us 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

EPA is committed to a regulatory 

strategy that effectively achieves the 

Agency’s mission of protecting the 

environment and the health, welfare, 

and safety of Americans while also 

supporting economic growth, job 

creation, competitiveness, and 

innovation. EPA publishes the 

Semiannual Regulatory Agenda to 

update the public about regulatory 

activity undertaken in support of this 

mission. In the Semiannual Regulatory 

Agenda, EPA provides notice of our 

plans to review, propose, and issue 

regulations. 

Additionally, EPA’s Semiannual 

Regulatory Agenda includes information 

about rules that may have a significant 

economic impact on a substantial 

number of small entities, and review of 

those regulations under the Regulatory 

Flexibility Act, as amended. 

In this document, EPA explains in 

greater detail the types of actions and 

information available in the Semiannual 

Regulatory Agenda and actions that are 

currently undergoing review specifically 

for impacts on small entities. 

A. EPA’s Regulatory Information 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that, until 2007, was 

published in the Federal Register. 

Currently, this information is only 

available through an online database, at 

both www.reginfo.gov/ and 

www.regulations.gov. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about regulations that may 

have a significant impact on a 

substantial number of small entities. We 

continue to publish this document in 

the Federal Register pursuant to the 

Regulatory Flexibility Act of 1980. This 

document is available at https://

www.gpo.gov/fdsys/search/home.action. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center 

facilitated by the General Service 

Administration. 

‘‘Regulatory Agenda Preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

EPA’s Regulatory Flexibility Agenda 

and the e-Agenda. 

‘‘610 Review’’ as required by the 

Regulatory Flexibility Act means a 

periodic review within ten years of 

promulgating a final rule that has or 

may have a significant economic impact 

on a substantial number of small 

entities. EPA maintains a list of these 

actions at https://www.epa.gov/reg-flex/ 

section-610-reviews. 

B. What key statutes and Executive 

Orders guide EPA’s rule and 

policymaking process? 

A number of environmental laws 

authorize EPA’s actions, including but 

not limited to: 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation, and Liability Act 

(CERCLA, or Superfund), 

• Emergency Planning and Community 

Right-to-Know Act (EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and Recovery Act 

(RCRA), 

• Safe Drinking Water Act (SDWA), and 

• Toxic Substances Control Act (TSCA). 

Not only must EPA comply with 

environmental laws, but also 

administrative legal requirements that 

apply to the issuance of regulations, 

such as: the Administrative Procedure 

Act (APA), the Regulatory Flexibility 

Act (RFA) as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA), the Unfunded 

Mandates Reform Act (UMRA), the 

Paperwork Reduction Act (PRA), the 

National Technology Transfer and 

Advancement Act (NTTAA), and the 

Congressional Review Act (CRA). 

EPA also meets a number of 

requirements contained in numerous 

Executive Orders: 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ (82 FR 9339, Feb. 3, 2017); 

12866, ‘‘Regulatory Planning and 

Review’’ (58 FR 51735, Oct. 4, 1993), as 

supplemented by Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review’’ (76 FR 3821, Jan. 

21, 2011); 12898, ‘‘Environmental 

Justice’’ (59 FR 7629, Feb. 16, 1994); 

13045, ‘‘Children’s Health Protection’’ 

(62 FR 19885, Apr. 23, 1997); 13132, 

‘‘Federalism’’ (64 FR 43255, Aug. 10, 

1999); 13175, ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, Nov. 9, 

2000); 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

C. How can you be involved in EPA’s 

rule and policymaking process? 

You can make your voice heard by 

getting in touch with the contact person 

provided in each agenda entry. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published in the Federal Register 

(FR). 

Instructions on how to submit your 

comments through https://

www.regulations.gov are provided in 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1933 

each Notice of Proposed Rulemaking 

(NPRM). To be most effective, 

comments should contain information 

and data that support your position and 

you also should explain why EPA 

should incorporate your suggestion in 

the rule or other type of action. You can 

be particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternative(s) 

to that proposed by EPA. 

EPA believes its actions will be more 

cost effective and protective if the 

development process includes 

stakeholders working with us to help 

identify the most practical and effective 

solutions to environmental problems. 

EPA encourages you to become involved 

in its rule and policymaking process. 

For more information about EPA’s 

efforts to increase transparency, 

participation and collaboration in EPA 

activities, please visit https://

www.epa.gov/open. 

II. Semiannual Regulatory Agenda 

A. What actions are included in the EAgenda and the Regulatory Flexibility 

agenda? 

EPA includes regulations in the eAgenda. However, there is no legal 

significance to the omission of an item 

from the agenda, and EPA generally 

does not include the following 

categories of actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the CAA: Revisions to state 

implementation plans; equivalent 

methods for ambient air quality 

monitoring; deletions from the new 

source performance standards source 

categories list; delegations of authority 

to states; area designations for air 

quality planning purposes; 

• Under FIFRA: Registration-related 

decisions, actions affecting the status of 

currently registered pesticides, and data 

call-ins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under RCRA: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the CWA: State Water 

Quality Standards; deletions from the 

section 307(a) list of toxic pollutants; 

suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES); delegations of NPDES 

authority to States; 

• Under SDWA: Actions on State 

underground injection control 

programs. 

Meanwhile, the Regulatory Flexibility 

Agenda includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

• Rules the Agency has identified for 

periodic review under section 610 of the 

RFA. EPA has one ongoing 610 review 

at this time. 

B. How is the E-Agenda organized? 

Online, you can choose how to sort 

the agenda entries by specifying the 

characteristics of the entries of interest 

in the desired individual data fields for 

both the www.reginfo.gov and 

www.regulations.gov versions of the eAgenda. You can sort based on the 

following characteristics: EPA 

subagency (such as Office of Water); 

stage of rulemaking as described in the 

following paragraphs; alphabetically by 

title; or the Regulation Identifier 

Number (RIN), which is assigned 

sequentially when an action is added to 

the agenda. 

Each entry in the Agenda is associated 

with one of five rulemaking stages. The 

rulemaking stages are: 

1. Prerule Stage—EPA’s prerule 

actions generally are intended to 

determine whether the agency should 

initiate rulemaking. Prerulemakings 

may include anything that influences or 

leads to rulemaking; this would include 

Advance Notices of Proposed 

Rulemaking (ANPRMs), studies or 

analyses of the possible need for 

regulatory action. 

2. Proposed Rule Stage— Proposed 

rulemaking actions include EPA’s 

Notice of Proposed Rulemakings 

(NPRMs); these proposals are scheduled 

to publish in the Federal Register 

within the next year. 

3. Final Rule Stage—Final rulemaking 

actions are those actions that EPA is 

scheduled to finalize and publish in the 

Federal Register within the next year. 

4. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action (such as 

publication of a NPRM or final rule) is 

twelve or more months into the future. 

We urge you to explore becoming 

involved even if an action is listed in 

the Long-Term category. 

5. Completed Actions—EPA’s 

completed actions are those that have 

been promulgated and published in the 

Federal Register since publication of 

the spring 2017 Agenda. The term 

completed actions also includes actions 

that EPA is no longer considering and 

has elected to ‘‘withdraw’’ and also the 

results of any RFA section 610 reviews. 

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 


sradovich on DSK3GMQ082PROD with PROPOSALS
1934 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

reviewed by the Office of Management 

and Budget (OMB) under E.O. 12866, 

then we would classify the action as 

either ‘‘Economically Significant’’ or 

‘‘Other Significant.’’ 

e. Informational/Administrative/ 

Other: An action that is primarily 

informational or pertains to an action 

outside the scope of E.O. 12866. 

E.O. 13771 Designation: Each entry is 

placed into one of the following 

categories: 

a. Deregulatory: When finalized, an 

action is expected to have total costs 

less than zero; 

b. Regulatory: The action is either 

(i) a significant regulatory action as 

defined in Section 3(f) of E.O. 12866, or 

(ii) a significant guidance document 

(e.g., significant interpretive guidance) 

reviewed by OMB’s Office of 

Information and Regulatory Affairs 

(OIRA) under the procedures of E.O. 

12866 that, when finalized, is expected 

to impose total costs greater than zero; 

c. Fully or Partially Exempt: The 

action has been granted, or is expected 

to be granted, a full or partial waiver 

under one or more of the following 

circumstances: 

(i) It is expressly exempt by E.O. 

13771 (issued with respect to a 

‘‘military, national security, or foreign 

affairs function of the United States’’; or 

related to ‘‘agency organization, 

management, or personnel’’), or 

(ii) it addresses an emergency such as 

critical health, safety, financial, or nonexempt national security matters (offset 

requirements may be exempted or 

delayed), or 

(iii) it is required to meet a statutory 

or judicial deadline (offset requirements 

may be exempted or delayed), or 

(iv) expected to generate de minimis 

costs; 

d. Not subject to, not significant: Is a 

NPRM or final rule AND is neither an 

E.O. 13771 regulatory action nor an E.O. 

13771 deregulatory action; 

e. Other: At the time of designation, 

either the available information is too 

preliminary to determine E.O. 13771 

status or other reasonable circumstances 

preclude a preliminary E.O. 13771 

designation. 

f. Independent agency: Is an action an 

independent agency anticipates issuing 

and thus is not subject to E.O. 13771. 

Major: A rule is ‘‘major’’ under 5 

U.S.C. 801 (Pub. L. 104–121) if it has 

resulted or is likely to result in an 

annual effect on the economy of $100 

million or more or meets other criteria 

specified in that Act. 

Unfunded Mandates: Whether the 

rule is covered by section 202 of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). The Act requires that, 

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 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1935 

establishes a docket to accumulate 

materials throughout the development 

process for that rulemaking. The docket 

serves as the repository for the 

collection of documents or information 

related to that particular Agency action 

or activity. EPA most commonly uses 

dockets for rulemaking actions, but 

dockets may also be used for RFA 

section 610 reviews of rules with 

significant economic impacts on a 

substantial number of small entities and 

for various non-rulemaking activities, 

such as Federal Register documents 

seeking public comments on draft 

guidance, policy statements, 

information collection requests under 

the PRA, and other non-rule activities. 

Docket information should be in that 

action’s agenda entry. All of EPA’s 

public dockets can be located at 

www.regulations.gov. 

III. Review of Regulations under 610 of 

the Regulatory Flexibility Act 

A. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

Section 610 of the RFA requires that 

an agency review, within 10 years of 

promulgation, each rule that has or will 

have a significant economic impact on 

a substantial number of small entities. 

At this time, EPA has one ongoing 610 

review. 

Review Title RIN Docket ID # Status 

Section 610 Review of Lead-Based Paint Activities; Training and Certification for 

Renovation and Remodeling Section 402(c)(3).

2070–AK17 EPA–HQ–OPPT–2016– 

0126.

Ongoing. 

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

Sequence No. Title Regulation 

Identifier No. 

321 .................... Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act ........ 2050–AG82 

35—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

322 .................... Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) (Section 610 Review).2070–AK17 

35—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

323 .................... N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under TSCA Section 6(a) ...................... 2070–AK07 

324 .................... Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing .................................... 2070–AK11 

35—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

325 .................... Formaldehyde Emission Standards for Composite Wood Products ............................................................... 2070–AJ44 


sradovich on DSK3GMQ082PROD with PROPOSALS
1936 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

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: 

belke.jim@epa.gov. 

Kathy Franklin, Environmental 

Protection Agency, Office of Land and 

Emergency Management, 1200 

Pennsylvania Avenue NW, Mail Code 

5104A, Washington, DC 20460, Phone: 

202 564–7987, Fax: 202 564–2625, 

Email: franklin.kathy@epa.gov. 

RIN: 2050–AG82 

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: 

shafer.jonathan@epa.gov. 

Michelle Price, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 1200 

Pennsylvania Avenue NW., Mail Code 

7404T, Washington, DC 20460, Phone: 

202 566–0744, Email: price.michelle@

epa.gov. 

RIN: 2070–AK17 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Long-Term Actions 

323. N-Methylpyrrolidone (NMP) and 

Methylene Chloride; Rulemaking Under 

TSCA Section 6(A) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 15 U.S.C. 2605 Toxic 

Substances Control Act 

Abstract: Section 6(a) of the Toxic 

Substances Control Act provides 

authority for EPA to ban or restrict the 

manufacture (including import), 

processing, distribution in commerce, 

and use of chemical substances, as well 

as any manner or method of disposal. 

Methylene chloride and Nmethylpyrrolidone (NMP) are used in 

paint and coating removal in 

commercial processes, consumer 

products, and residential settings. In the 

August 2014 TSCA Work Plan Chemical 

Risk Assessment for methylene chloride 

and the March 2015 TSCA Work Plan 

Chemical Risk Assessment for NMP, 

EPA characterized risks from use of 

these chemicals in paint and coating 

removal. EPA determined that these are 

unreasonable risks. On January 19, 

2017, EPA proposed prohibitions and 

restrictions on the use of methylene 

chloride in consumer and most types of 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 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 coproposal would establish a worker 

protection program for commercial use 

of NMP in paint and coating removal; 

limit the concentration of NMP in all 

paint and coating removal products; and 

require warnings and instructions on 

any consumer paint and coating 

removal products containing NMP. Also 

in that proposal, EPA identified 

commercial furniture refinishing as an 

industry for which EPA would like 

more information before proposing 

regulations to address the risks 

presented by methylene chloride, and 

announced its intention to issue a 

separate proposal to address those risks. 

EPA held a public workshop on 

September 12, 2017, with 

representatives of federal and state 

government agencies, industry 

professionals, furniture refinishing 

experts, non-government organizations, 

academic experts, and others to discuss 

the role of methylene chloride in 

furniture refinishing, work practices 

employed when using methylene 

chloride in furniture refinishing, 

potential alternatives, economic 

impacts, and other issues identified in 

EPA’s January 2017 proposed rule. 

Timetable: 

Action Date 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: 

corado.ana@epa.gov. 

Joel Wolf, Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention, 1200 

Pennsylvania Avenue NW, Mail Code 

7404T, Washington, DC 20460, Phone: 

202 564–2228, Fax: 202 566–0471, 

Email: wolf.joel@epa.gov. 

RIN: 2070–AK07 

324. Trichloroethylene (TCE); 

Rulemaking Under TSCA Section 6(A); 

Vapor Degreasing 

E.O. 13771 Designation: Regulatory. 

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: 

wheeler.cindy@epa.gov. 

Joel Wolf, Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention, 1200 

Pennsylvania Avenue NW, Mail Code 

7404T, Washington, DC 20460, Phone: 

202 564–2228, Fax: 202 566–0471, 

Email: wolf.joel@epa.gov. 

RIN: 2070–AK11 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Completed Actions 

325. Formaldehyde Emission Standards 

for Composite Wood Products 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 15 U.S.C. 2697 Toxic 

Substances Control Act 

Abstract: On December 12, 2016, the 

EPA issued a final rule to implement the 

Formaldehyde Standards for Composite 

Wood Products Act, which added Title 

VI to the Toxic Substances Control Act 

(TSCA). The purpose of TSCA Title VI 

is to reduce formaldehyde emissions 

from composite wood products, which 

will reduce exposures to formaldehyde 

and result in benefits from avoided 

adverse health effects. This final rule 

includes formaldehyde emission 

standards applicable to hardwood 

plywood, medium-density fiberboard, 

and particleboard, and finished goods 

containing these products, that are sold, 

supplied, offered for sale, or 

manufactured (including imported) in 

the United States. This final rule 

includes provisions relating to, among 

other things, laminated products, 

products made with no-added 

formaldehyde resins or ultra lowemitting formaldehyde resins, testing 

requirements, product labeling, chain of 

custody documentation and other 

recordkeeping requirements, 

enforcement, import certification, and 

product inventory sell-through 

provisions, including a product 

stockpiling prohibition. This final rule 

also establishes a third-party 

certification program for hardwood 

plywood, medium-density fiberboard, 

and particleboard and includes 

procedures for the accreditation of 

third-party certifiers and general 

requirements for accreditation bodies 

and third-party certifiers. 

Timetable: 

Action 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: 

courtnage.robert@epa.gov. 


sradovich on DSK3GMQ082PROD with PROPOSALS
1938 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

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: winchester.erik@

epa.gov. 

RIN: 2070–AJ44 

[FR Doc. 2017–28234 Filed 1–11–18; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with PROPOSALS