Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part XVI 

Environmental Protection Agency 

Semiannual Regulatory Agenda 

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40348 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[FRL–9961–35–OP] 

Spring 2017 Regulatory Agenda 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory 

flexibility agenda and 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. How can you find out about 

rulemakings that start up after the 

Regulatory Agenda is signed? 

E. 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. Within the Semiannual 

Regulatory Agenda, EPA provides notice 

of our plans to review, propose, and 

issue regulations. 

EPA’s Semiannual Regulatory Agenda 

also 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. 

Within this document, EPA explains 

in greater detail the types of actions and 

information available in the Semiannual 

Regulatory Agenda, the opportunity to 

suggest regulations that may be 

appropriate for retrospective review, 

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 but 

now 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 it in the Federal 

Register pursuant to the Regulatory 

Flexibility Act of 1980. This document 

is available at http://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 

the Regulatory Flexibility Agenda and 

the e-Agenda. 

‘‘Regulatory Development and 

Retrospective Review Tracker’’ refers to 

an online portal to EPA’s priority rules 

and retrospective reviews of existing 

regulations. This portal is available at 

www.epa.gov/regdarrt/. 

‘‘610 Review’’ is an action EPA is 

committed to reviewing 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 

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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 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 alternatives. 

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 problems. EPA encourages 

you to become involved in its rule and 

policymaking process. For more 

information about public involvement 

in EPA activities, please visit 

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? 

You can choose how to organize the 

agenda entries online 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; stage of rulemaking, which 

is explained below; alphabetically by 

title; and by 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—This section 

includes EPA actions generally intended 

to determine whether the agency should 

initiate rulemaking. Prerulemakings 

may include anything that influences or 

leads to rulemaking, such as Advance 

Notices of Proposed Rulemaking 

(ANPRMs), studies or analyses of the 

possible need for regulatory action. 

2. Proposed Rule Stage—This section 

includes EPA rulemaking actions that 

are within a year of proposal 

(publication of Notices of Proposed 

Rulemakings [NPRMs]). 

3. Final Rule Stage—This section 

includes rules that will be issued as a 

final rule within a year. 

4. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action is beyond 

12 months away. We urge you to 

explore becoming involved even if an 

action is listed in the Long-Term 

category. 

5. Completed Actions—This section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the fall 2016 Agenda. It also includes 

actions that EPA is no longer 

considering and has elected to 

‘‘withdraw.’’ EPA also announces the 

results of any RFA section 610 review 

in this section of the agenda. 

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) has more extensive 

information on each of these actions. 

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: Entries are placed into one of 

five categories described below. 

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 

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40350 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

Program actions, and Tolerance 

Exemptions). If an action that would 

normally be classified Routine and 

Frequent is reviewed by the Office of 

Management and Budget 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. 

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. 

Legal Authority: The sections of the 

United States Code (U.S.C.), Public Law 

(Pub. L.), Executive Order (EO), 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 10/00/16 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 that it will be 

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 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 EO 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. How can you find out about 

rulemakings that start up after the 

Regulatory Agenda is signed? 

EPA posts monthly information of 

new rulemakings that the Agency’s 

senior managers have decided to 

develop. This list is also distributed via 

email. You can find the current list, 

known as the Action Initiation List 

(AIL), at http://www.epa.gov/lawsregulations/actions-initiated-month 

where you will also find information 

about how to get an email notification 

when a new list is posted. 

E. What tools are available for mining 

Regulatory Agenda data and for finding 

more about EPA rules and policies? 

1. The http://www.reginfo.gov/ 

Searchable Database 

The Regulatory Information Service 

Center and Office of Information and 

Regulatory Affairs have a Federal 

regulatory dashboard that allows users 

to view the Regulatory Agenda database 

(http://www.reginfo.gov/public/do/ 

eAgendaMain), which includes search, 

display, and data transmission options. 

2. Subject Matter EPA Web Sites 

Some actions listed in the Agenda 

include a URL 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 

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 a 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. 

4. EPA’s Regulatory Development and 

Retrospective Review Tracker 

EPA’s Regulatory Development and 

Retrospective Review Tracker 

(www.epa.gov/regdarrt/) serves as a 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40351 

portal to EPA’s priority rules, providing 

you with earlier and more frequently 

updated information about Agency 

regulations than is provided by the 

Regulatory Agenda. Not all of EPA’s 

Regulatory Agenda entries appear on 

Reg DaRRT; only priority rulemakings 

can be found on this Web site. 

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 and is completing one 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 Web site 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: April 10, 2017. 

Samantha K. Dravis, 

Associate Administrator, Office of Policy. 

10—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

10—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

195 .................... Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014.2060–AS78 

196 .................... Section 610 Review of Control of Hazardous Air Pollutants From Mobile Sources (Completion of a Section 610 Review).2060–AS88 

35—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

197 .................... 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—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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35—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Long-Term Actions 

194. Accidental Release Prevention 

Requirements: Risk Management 

Programs Under the Clean Air Act 

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 

NPRM Comment 

Period End.

05/13/16 

Final Rule ............ 01/13/17 82 FR 4594 

Notice .................. 01/26/17 82 FR 8499 

Final Rule Effective.03/14/17 

Notice .................. 03/16/17 82 FR 13968 

Final Rule Effective (TBD).To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Belke, 

Environmental Protection Agency, 

Office of Land and Emergency 

Management, 5104A, 1200 Pennsylvania 

Avenue NW., 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, 5104A, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, Phone: 202 564–7987, Fax: 

202 564–2625, Email: franklin.kathy@

epa.gov. 

RIN: 2050–AG82 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Completed Actions 

195. Federal Plan Requirements for 

Greenhouse Gas Emissions From 

Electric Utility Generating Units 

Constructed On or Before January 8, 

2014 

Legal Authority: 42 U.S.C. 7401 et seq. 

Clean Air Act 

Abstract: In the final Clean Power 

Plan (CPP) published on October 23, 

2015, the EPA set emission guidelines 

for the best system of emission 

reductions for carbon dioxide from 

existing power plants. Under section 

111(d) of the Clean Air Act, states were 

then required with developing plans to 

achieve reductions in carbon dioxide 

emissions from the existing power 

plants in each state. On the same date 

that the final CPP was published, the 

EPA proposed a federal plan to 

implement the CPP in states that did not 

submit a state plan. On February 9, 

2016, the Supreme Court stayed 

implementation of the CPP pending 

judicial review. On March 28, 2017, the 

President signed an Executive Order 

directing EPA to review the Clean 

Power Plan. Consistent with that 

Executive Order, the EPA withdrew this 

proposed rule. 82 FR 16144 (April 3, 

2017). 

Timetable: 

Action Date FR Cite 

Notice .................. 04/03/17 82 FR 16144 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Peter Tsirigotis, 

Environmental Protection Agency, 

Office of Air and Radiation, 109 T.W. 

Alexander Drive, Mail Code D205–01, 

Research Triangle Park, NC 27711, 

Phone: 888 627–7764, Email: airaction@

epa.gov. 

RIN: 2060–AS78 

196. Section 610 Review of Control of 

Hazardous Air Pollutants From Mobile 

Sources (Completion of a Section 610 

Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: The rulemaking ‘‘Control of 

Hazardous Air Pollutants From Mobile 

Sources’’ was finalized by the EPA in 

February 2007 (72 FR 8428, February 

26, 2007). This program established 

stringent new controls on gasoline, 

passenger vehicles, and gas cans to 

further reduce emissions of benzene and 

other mobile source air toxics. The EPA 

developed a Small Entity Compliance 

Guide, which provides descriptions of 

the regulations and small entity 

provisions, Q&As, and other helpful 

compliance information. This new entry 

in the regulatory agenda announces that 

EPA has reviewed 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 

economic impacts on small entities. As 

part of this review, EPA solicited 

comments on the following factors: (1) 

The continued need for the rule; (2) the 

nature of complaints or comments 

received from the public 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 EPA received 

one comment about the program 

unrelated to the impact of the 

rulemaking on small entities. The 

current mobile source air toxics 

standards program provided substantial 

flexibility for regulated entities, 

especially small entities, and does not 

warrant revision at this time. See EPA’s 

report summarizing the results of this 

review in the docket EPA–HQ–OAR– 

2016–0175. This docket can be accessed 

at www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 02/26/07 72 FR 8427 

Begin Review ...... 06/09/16 81 FR 37373 

End Review ......... 11/17/16 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40353 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Tom Eagles, 

Environmental Protection Agency, 

Office of Air and Radiation, 6103A, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460, Phone: 202 564– 

1952, Fax: 202 564–1554, Email: 

eagles.tom@epamail.epa.gov. 

RIN: 2060–AS88 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Prerule Stage 

197. Section 610 Review of Lead-Based 

Paint Activities; Training and 

Certification for Renovation and 

Remodeling Section 402(C)(3) (Section 

610 Review) 

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, 7404T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

Phone: 202 564–0789, Email: 

shafer.jonathan@epa.gov. 

Michelle Price, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460, Phone: 202 566– 

0744, Email: price.michelle@epa.gov. 

RIN: 2070–AK17 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Proposed Rule Stage 

198. N-Methylpyrrolidone (NMP) and 

Methylene Chloride; Rulemaking Under 

TSCA Section 6(A) 

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

Substances Control Act 

Abstract: Section 6 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, as well as any 

manner or method of disposal of 

chemicals. 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 identified risks from use of these 

chemicals in paint and coating removal. 

EPA determined that these are 

unreasonable risks. On January 19, 

2017, EPA proposed under section 6 

prohibitions and restrictions on the use 

of methylene chloride and in consumer 

and most types of commercial paint and 

coating removal. 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 propose 

a separate rulemaking to address those 

risks. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/19/17 82 FR 7464 

NPRM Comment 

Period Extended.

05/01/17 82 FR 20310 

NPRM Comment 

Period Extended End.

05/19/17 

Supplemental 

NPRM.

To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ana Corado, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 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, 7404T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, Phone: 202 564–2228, Fax: 

202 566–0471, Email: wolf.joel@epa.gov. 

RIN: 2070–AK07 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Final Rule Stage 

199. Formaldehyde Emission Standards 

for Composite Wood Products 

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

Substances Control Act 

Abstract: On December 12, 2016, 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 

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40354 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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 

Action Date FR Cite 

Final Rule Effective (TBD).To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Courtnage, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

Phone: 202 566–1081, Email: 

courtnage.robert@epa.gov. 

Erik Winchester, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 564– 

6450, Email: winchester.erik@epa.gov. 

RIN: 2070–AJ44 

[FR Doc. 2017–17063 Filed 8–23–17; 8:45 am] 

BILLING CODE 6560–50–P 

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