82 FR 20310 - Trichloroethylene; Regulation of Vapor Degreasing Under TSCA Section 6(a); Methylene Chloride and N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a); Reopening of Comment Periods

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range		20310-20311
FR Document		2017-08772

In the Federal Register of January 19, 2017, EPA issued two proposed rules under section 6 of the Toxic Substances Control Act (TSCA). The first action proposed to prohibit the manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) for use in vapor degreasing; to prohibit the use of TCE in vapor degreasing; to require manufacturers (including importers), processors, and distributors, except for retailers, of TCE for any use to provide downstream notification of these prohibitions throughout the supply chain; and to require limited recordkeeping. The second action proposed to prohibit the manufacture (including import), processing, and distribution in commerce of methylene chloride and N- methylpyrrolidone (NMP) for consumer and most types of commercial paint and coating removal; to prohibit the use of methylene chloride and NMP in these commercial uses; to require manufacturers (including importers), processors, and distributors, except for retailers, of methylene chloride and NMP for any use to provide downstream notification of these prohibitions throughout the supply chain; and to require recordkeeping. This document reopens and extends the comment periods for each proposed rule for an additional 30 days. Commenters requested additional time to submit written comments for the proposed rules.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20310-20311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08772]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 751

[EPA-HQ-OPPT-2016-0387; EPA-HQ-OPPT-2016-0231; FRL-9961-66]
RIN 2070-AK11 and RIN 2070-AK07


Trichloroethylene; Regulation of Vapor Degreasing Under TSCA 
Section 6(a); Methylene Chloride and N-Methylpyrrolidone; Regulation of 
Certain Uses Under TSCA Section 6(a); Reopening of Comment Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Reopening of comment periods.

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SUMMARY: In the Federal Register of January 19, 2017, EPA issued two 
proposed rules under section 6 of the Toxic Substances Control Act 
(TSCA). The first action proposed to prohibit the manufacture 
(including import), processing, and distribution in commerce of 
trichloroethylene (TCE) for use in vapor degreasing; to prohibit the 
use of TCE in vapor degreasing; to require manufacturers (including 
importers), processors, and distributors, except for retailers, of TCE 
for any use to provide downstream notification of these prohibitions 
throughout the supply chain; and to require limited recordkeeping. The 
second action proposed to prohibit the manufacture (including import), 
processing, and distribution in commerce of methylene chloride and N-
methylpyrrolidone (NMP) for consumer and most types of commercial paint 
and coating removal; to prohibit the use of methylene chloride and NMP 
in these commercial uses; to require manufacturers (including 
importers), processors, and distributors, except for retailers, of 
methylene chloride and NMP for any use to provide downstream 
notification of these prohibitions throughout the supply chain; and to 
require

[[Page 20311]]

recordkeeping. This document reopens and extends the comment periods 
for each proposed rule for an additional 30 days. Commenters requested 
additional time to submit written comments for the proposed rules.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPPT-2016-0387 and by docket identification (ID) number EPA-HQ-OPPT-
2016-0231 must be received on or before May 19, 2017.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in 
the Federal Register documents of January 19, 2017, (82 FR 7432) (FRL-
9950-08) or (82 FR 7464) (FRL-9958-57).

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Cindy Wheeler, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: 202-566-0484; email 
address: [email protected] or Ana Corado, Chemical Control Division 
(7405M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: 202-564-0140; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: This document reopens public comment periods 
established in the two proposed rules issued in the Federal Register of 
January 19, 2017 (82 FR 7432) (FRL-9950-08) and (82 FR 7464) (FRL-9958-
57). In the first action, EPA proposed a rule under section 6 of the 
Toxic Substances Control Act (TSCA) to prohibit the manufacture 
(including import), processing, and distribution in commerce of 
trichloroethylene (TCE) for use in vapor degreasing; to prohibit the 
use of TCE in vapor degreasing; to require manufacturers (including 
importers), processors, and distributors, except for retailers, of TCE 
for any use to provide downstream notification of these prohibitions 
throughout the supply chain; and to require limited recordkeeping. In 
the second notice, EPA proposed a rule under section 6 of TSCA to 
prohibit the manufacture (including import), processing, and 
distribution in commerce of methylene chloride and N-methylpyrrolidone 
(NMP) for consumer and most types of commercial paint and coating 
removal; to prohibit the use of methylene chloride and NMP in these 
commercial uses; to require manufacturers (including importers), 
processors, and distributors, except for retailers, of methylene 
chloride and NMP for any use to provide downstream notification of 
these prohibitions throughout the supply chain; and to require 
recordkeeping. EPA is hereby reopening the comment periods for 30 days, 
to May 19, 2017.
    Even though EPA received requests for a lengthier extension of the 
comment periods, the Agency has concluded that a 30-day reopening of 
the comment period is sufficient. EPA has already provided for a 
substantial comment period, now totaling 90 days, for each of the two 
proposals. EPA has already extended the original 60-day comment period 
for the proposed rule in TCE in vapor degreasing for 30 days, from 
March 20, 2017, to April 19, 2017 (82 FR 10732, February 15, 2017). 
This notice provides the second extension of the comment period for 
that proposed rule. EPA proposed the rule on methylene chloride and NMP 
in paint and coating removal with a 90-day comment period, ending on 
April 19, 2017. Additionally, much of the technical bases for the 
proposals has been available to the public since the risk assessments 
for methylene chloride and TCE were published in 2014 and the risk 
assessment for NMP was published in 2015, and the commenters' expressed 
need for further extension was general in nature (e.g., the complexity 
and importance of the subject matter, and prospective commenters' 
desire to continue conferring and reviewing the technical basis for 
EPA's proposal). The Agency, therefore, is extending the comment period 
at its own discretion, in the interest of receiving comprehensive 
public comment for the benefit of the current rules.
    To submit comments, or access a docket, please follow the detailed 
instructions provided under ADDRESSES in the Federal Register documents 
of January 19, 2017, (82 FR 7432) (FRL-9950-08) or (82 FR 7464) (FRL-
9958-57). If you have questions, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 40 CFR Part 751

    Environmental protection, Chemicals, Export notification, Hazardous 
substances, Import certification, Methylene Chloride, N-
Methylpyrrolidone, Trichloroethylene, Recordkeeping.

    Dated: April 18, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator for Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-08772 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P

20310 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules

List of Subjects further activity is contemplated. If EPA List of Subjects in 40 CFR Part 62
receives adverse comments, the direct Environmental protection,
40 CFR Part 52
final rule will be withdrawn and all Administrative practice and procedure,
Environmental protection, Air public comments received will be Air pollution control, Incorporation by
pollution control, Incorporation by addressed in a subsequent final rule reference, Intergovernmental relations,
reference, Intergovernmental relations, based on this proposed rule. EPA will Reporting and recordkeeping
Nitrogen dioxide, Ozone, Reporting and not institute a second comment period. requirements, Commercial and
recordkeeping requirements, Volatile Any parties interested in commenting industrial solid waste incineration
organic compounds. on this action should do so at this time. units.
40 CFR Part 81 DATES: Comments must be received in
Dated: March 21, 2017.
writing by May 31, 2017.
Environmental protection, Air Cecil Rodrigues,
ADDRESSES: Submit your comments,
pollution control. Acting Regional Administrator, Region III.
identified by Docket ID No. EPA–R03–
Authority: 42 U.S.C. 7401 et seq. OAR–2016–0081 at https:// [FR Doc. 2017–08658 Filed 4–28–17; 8:45 am]
www.regulations.gov, or via email to BILLING CODE 6560–50–P
Dated: March 29, 2017.
V. Anne Heard, miller.linda@epa.gov. For comments
submitted at Regulations.gov, follow the
Acting Regional Administrator, Region 4. ENVIRONMENTAL PROTECTION
online instructions for submitting
[FR Doc. 2017–08643 Filed 4–28–17; 8:45 am]
comments. Once submitted, comments AGENCY
BILLING CODE 6560–50–P cannot be edited or removed from 40 CFR Part 751
Regulations.gov. For either manner of
submission, the EPA may publish any [EPA–HQ–OPPT–2016–0387; EPA–HQ–
ENVIRONMENTAL PROTECTION comment received to its public docket. OPPT–2016–0231; FRL–9961–66]
AGENCY Do not submit electronically any RIN 2070–AK11 and RIN 2070–AK07
40 CFR Part 62 information you consider to be
confidential business information (CBI) Trichloroethylene; Regulation of Vapor
[EPA–R03–OAR–2016–0081; FRL–9961–22– or other information whose disclosure is Degreasing Under TSCA Section 6(a);
Region 3] restricted by statute. Multimedia Methylene Chloride and N-
submissions (audio, video, etc.) must be Methylpyrrolidone; Regulation of
Approval and Promulgation of State accompanied by a written comment. Certain Uses Under TSCA Section 6(a);
Air Quality Plans for Designated The written comment is considered the Reopening of Comment Periods
Facilities and Pollutants; State of official comment and should include
Delaware, District of Columbia, and AGENCY: Environmental Protection
discussion of all points you wish to
Commonwealth of Pennsylvania, City Agency (EPA).
make. EPA will generally not consider
of Philadelphia; Control of Emissions ACTION: Notice; Reopening of comment
comments or comment contents located
From Existing Commercial and outside of the primary submission (i.e. periods.
Industrial Solid Waste Incinerator Units on the web, cloud, or other file sharing SUMMARY: In the Federal Register of
AGENCY: Environmental Protection system). For additional submission January 19, 2017, EPA issued two
Agency (EPA). methods, please contact the person proposed rules under section 6 of the
identified in the FOR FURTHER Toxic Substances Control Act (TSCA).
ACTION: Proposed rule.
INFORMATION CONTACT section. For the The first action proposed to prohibit the
SUMMARY: The Environmental Protection full EPA public comment policy, manufacture (including import),
Agency (EPA) is proposing to notify the information about CBI or multimedia processing, and distribution in
public that it has received negative submissions, and general guidance on commerce of trichloroethylene (TCE) for
declarations for commercial and making effective comments, please visit use in vapor degreasing; to prohibit the
industrial solid waste incineration https://www2.epa.gov/dockets/ use of TCE in vapor degreasing; to
(CISWI) units within the State of commenting-epa-dockets. require manufacturers (including
Delaware, the District of Columbia, and FOR FURTHER INFORMATION CONTACT: importers), processors, and distributors,
the City of Philadelphia in the Mary Cate Opila, (215) 814–2041, or by except for retailers, of TCE for any use
Commonwealth of Pennsylvania. These email at opila.marycate@epa.gov. to provide downstream notification of
negative declarations certify that CISWI SUPPLEMENTARY INFORMATION: For these prohibitions throughout the
units subject to the requirements of further information regarding the supply chain; and to require limited
sections 111(d) and 129 of the Clean Air negative declarations for CISWI units recordkeeping. The second action
Act (CAA) do not exist within the within the State of Delaware, the proposed to prohibit the manufacture
jurisdictional boundaries of the State of District of Columbia, and the City of (including import), processing, and
Delaware, the District of Columbia, and Philadelphia in the Commonwealth of distribution in commerce of methylene
the City of Philadelphia in the Pennsylvania, please see the chloride and N-methylpyrrolidone
Commonwealth of Pennsylvania. EPA is information provided in the direct final (NMP) for consumer and most types of
accepting the negative declarations in action, with the same title, that is commercial paint and coating removal;
accordance with the requirements of the located in the ‘‘Rules and Regulations’’ to prohibit the use of methylene
mstockstill on DSK30JT082PROD with PROPOSALS

CAA. In the Final Rules section of this section of this Federal Register chloride and NMP in these commercial
Federal Register, EPA is accepting the publication and in the technical support uses; to require manufacturers
negative declarations as a direct final documentation for this rulemaking. (including importers), processors, and
rule without prior proposal because the Supporting documentation, including distributors, except for retailers, of
Agency views this as a noncontroversial the technical support document, for this methylene chloride and NMP for any
submittal and anticipates no adverse action is available in the docket for this use to provide downstream notification
comments. If no adverse comments are rulemaking and available online at of these prohibitions throughout the
received in response to this action, no www.regulations.gov. supply chain; and to require

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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules 20311

recordkeeping. This document reopens commercial paint and coating removal; Dated: April 18, 2017.
and extends the comment periods for to prohibit the use of methylene Wendy Cleland-Hamnett,
each proposed rule for an additional 30 chloride and NMP in these commercial Acting Assistant Administrator for Chemical
days. Commenters requested additional uses; to require manufacturers Safety and Pollution Prevention.
time to submit written comments for the (including importers), processors, and [FR Doc. 2017–08772 Filed 4–28–17; 8:45 am]
proposed rules. distributors, except for retailers, of BILLING CODE 6560–50–P
DATES: Comments, identified by docket methylene chloride and NMP for any
identification (ID) number EPA–HQ– use to provide downstream notification
OPPT–2016–0387 and by docket of these prohibitions throughout the DEPARTMENT OF TRANSPORTATION
identification (ID) number EPA–HQ– supply chain; and to require
OPPT–2016–0231 must be received on recordkeeping. EPA is hereby reopening Federal Motor Carrier Safety
or before May 19, 2017. the comment periods for 30 days, to Administration
ADDRESSES: Follow the detailed
May 19, 2017.
instructions provided under ADDRESSES Even though EPA received requests 49 CFR Parts 350
in the Federal Register documents of for a lengthier extension of the comment [Docket No. FMCSA–2014–0470]
January 19, 2017, (82 FR 7432) (FRL– periods, the Agency has concluded that
a 30-day reopening of the comment RIN 2126–AB84
9950–08) or (82 FR 7464) (FRL–9958–
57). period is sufficient. EPA has already
provided for a substantial comment State Inspection Programs for
FOR FURTHER INFORMATION CONTACT: period, now totaling 90 days, for each of Passenger-Carrier Vehicles;
For technical information contact: the two proposals. EPA has already Withdrawal
Cindy Wheeler, Chemical Control extended the original 60-day comment AGENCY: Federal Motor Carrier Safety
Division (7405M), Office of Pollution period for the proposed rule in TCE in Administration (FMCSA), DOT.
Prevention and Toxics, Environmental vapor degreasing for 30 days, from ACTION: Advance notice of proposed
Protection Agency, 1200 Pennsylvania March 20, 2017, to April 19, 2017 (82 rulemaking; withdrawal.
Ave. NW., Washington, DC 20460–0001; FR 10732, February 15, 2017). This
telephone number: 202–566–0484; notice provides the second extension of SUMMARY: FMCSA withdraws its April
email address: wheeler.cindy@epa.gov the comment period for that proposed 27, 2016, advance notice of proposed
or Ana Corado, Chemical Control rule. EPA proposed the rule on rulemaking (ANPRM) concerning the
Division (7405M), Office of Pollution methylene chloride and NMP in paint establishment of requirements for States
Prevention and Toxics, Environmental and coating removal with a 90-day to implement annual inspection
Protection Agency, 1200 Pennsylvania comment period, ending on April 19, programs for commercial motor vehicles
Ave. NW., Washington, DC 20460–0001; 2017. Additionally, much of the (CMVs) designed or used to transport
telephone number: 202–564–0140; technical bases for the proposals has passengers (passenger-carrying CMVs).
email address: corado.ana@epa.gov. been available to the public since the FMCSA sought information from all
For general information contact: The risk assessments for methylene chloride interested parties that would enable the
TSCA-Hotline, ABVI-Goodwill, 422 and TCE were published in 2014 and Agency to assess the risks associated
South Clinton Ave., Rochester, NY the risk assessment for NMP was with improperly maintained or
14620; telephone number: (202) 554– published in 2015, and the commenters’ inspected passenger-carrying CMVs.
1404; email address: TSCA-Hotline@ expressed need for further extension The ANPRM also sought public
epa.gov. was general in nature (e.g., the comments concerning the effectiveness
SUPPLEMENTARY INFORMATION: This complexity and importance of the of the current FMCSA annual inspection
document reopens public comment subject matter, and prospective standards, and data on the potential
periods established in the two proposed commenters’ desire to continue costs and benefits of a Federal
rules issued in the Federal Register of conferring and reviewing the technical requirement for each State to implement
January 19, 2017 (82 FR 7432) (FRL– basis for EPA’s proposal). The Agency, a mandatory inspection program.
9950–08) and (82 FR 7464) (FRL–9958– therefore, is extending the comment FMCSA inquired about how the Agency
57). In the first action, EPA proposed a period at its own discretion, in the might incentivize States to adopt such
rule under section 6 of the Toxic interest of receiving comprehensive programs. After reviewing all the public
Substances Control Act (TSCA) to public comment for the benefit of the comments, and in consideration of the
prohibit the manufacture (including current rules. comments provided by individuals
import), processing, and distribution in To submit comments, or access a attending the three public listening
commerce of trichloroethylene (TCE) for docket, please follow the detailed sessions held in 2015, FMCSA has
use in vapor degreasing; to prohibit the instructions provided under ADDRESSES determined there is not enough data and
use of TCE in vapor degreasing; to in the Federal Register documents of information available to support moving
require manufacturers (including January 19, 2017, (82 FR 7432) (FRL– forward with a rulemaking action.
importers), processors, and distributors, 9950–08) or (82 FR 7464) (FRL–9958– DATES: The ANPRM ‘‘State Inspection
except for retailers, of TCE for any use 57). If you have questions, consult the Programs for Passenger-Carrier
to provide downstream notification of technical person listed under FOR Vehicles,’’ published on April 27, 2016
these prohibitions throughout the FURTHER INFORMATION CONTACT. (81 FR 24769), is withdrawn as of May
mstockstill on DSK30JT082PROD with PROPOSALS

supply chain; and to require limited 1, 2017.
List of Subjects in 40 CFR Part 751
recordkeeping. In the second notice, FOR FURTHER INFORMATION CONTACT: Ms.
EPA proposed a rule under section 6 of Environmental protection, Chemicals, Loretta Bitner, Chief, Commercial
TSCA to prohibit the manufacture Export notification, Hazardous Passenger Carrier Safety Division at
(including import), processing, and substances, Import certification, 202–385–2428, or via email at
distribution in commerce of methylene Methylene Chloride, N- Loretta.Bitner@dot.gov, Federal Motor
chloride and N-methylpyrrolidone Methylpyrrolidone, Trichloroethylene, Carrier Safety Administration, 1200
(NMP) for consumer and most types of Recordkeeping. New Jersey Avenue SE., Washington,

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Document Created: 2017-04-29 03:16:22
Document Modified: 2017-04-29 03:16:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice; Reopening of comment periods.
Dates		Comments, identified by docket identification (ID) number EPA- HQ-OPPT-2016-0387 and by docket identification (ID) number EPA-HQ-OPPT- 2016-0231 must be received on or before May 19, 2017.
Contact		For technical information contact: Cindy Wheeler, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 202-566-0484; email
FR Citation		82 FR 20310
RIN Number		2070-AK11 and 2070-AK07
CFR Associated		Environmental Protection; Chemicals; Export Notification; Hazardous Substances; Import Certification; Methylene Chloride; N-Methylpyrrolidone; Trichloroethylene and Recordkeeping