82_FR_40510 82 FR 40347 - Spring 2017 Regulatory Agenda

82 FR 40347 - Spring 2017 Regulatory Agenda

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40347-40354
FR Document2017-17063

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

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40347-40354]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17063]



[[Page 40347]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XVI





Environmental Protection Agency





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Semiannual Regulatory Agenda

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

[[Page 40348]]


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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 
([email protected]; 202-564-2855).

Table of Contents

I. Introduction
    A. EPA's Regulatory Information
    B. What key statutes and executive orders guide EPA's rule and 
policymaking process?
    C. How can you be involved in EPA's rule and policymaking 
process?
II. Semiannual Regulatory Agenda
    A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?
    B. How is the e-Agenda organized?
    C. What information is in the Regulatory Flexibility Agenda and 
the e-Agenda?
    D. 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.thefederalregister.org/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

[[Page 40349]]

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 e-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations in the e-Agenda. However, there is no 
legal significance to the omission of an item from the agenda, and EPA 
generally does not include the following categories of actions:
     Administrative actions such as delegations of authority, 
changes of address, or phone numbers;
     Under the CAA: Revisions to state implementation plans; 
equivalent methods for ambient air quality monitoring; deletions from 
the new source performance standards source categories list; 
delegations of authority to states; area designations for air quality 
planning purposes;
     Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins;
     Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;
     Under 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 e-Agenda. 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

[[Page 40350]]

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/laws-regulations/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

[[Page 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        2070-AK17        EPA-HQ-OPPT-2016-0126  Ongoing.
 Activities; Training and Certification
 for Renovation and Remodeling Section
 402(c)(3).
----------------------------------------------------------------------------------------------------------------

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

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

    For each of EPA's rulemakings, consideration is given to whether 
there will be any adverse impact on any small entity. EPA attempts to 
fit the regulatory requirements, to the extent feasible, to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to the regulation.
    Under RFA as amended by SBREFA, the Agency must prepare a formal 
analysis of the potential negative impacts on small entities, convene a 
Small Business Advocacy Review Panel (proposed rule stage), and prepare 
a Small Entity Compliance Guide (final rule stage) unless the Agency 
certifies a rule will not have a significant economic impact on a 
substantial number of small entities. For more detailed information 
about the Agency's policy and practice with respect to implementing 
RFA/SBREFA, please visit EPA's RFA/SBREFA 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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
194.......................  Accidental Release                 2050-AG82
                             Prevention Requirements:
                             Risk Management Programs
                             under the Clean Air Act.
------------------------------------------------------------------------


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
195.......................  Federal Plan Requirements          2060-AS78
                             for Greenhouse Gas
                             Emissions From Electric
                             Utility Generating Units
                             Constructed on or Before
                             January 8, 2014.
196.......................  Section 610 Review of              2060-AS88
                             Control of Hazardous Air
                             Pollutants From Mobile
                             Sources (Completion of a
                             Section 610 Review).
------------------------------------------------------------------------


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


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
198.......................  N-Methylpyrrolidone (NMP)          2070-AK07
                             and Methylene Chloride;
                             Rulemaking Under TSCA
                             Section 6(a).
------------------------------------------------------------------------



[[Page 40352]]



                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
199.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------

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: 
[email protected].
    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: 
[email protected].
    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: 
[email protected].
    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
------------------------------------------------------------------------


[[Page 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: 
[email protected].
    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: [email protected].
    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: 
[email protected].
    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 N-methylpyrrolidone (NMP) are used in paint and coating 
removal in commercial processes, consumer products, and residential 
settings. In the August 2014 TSCA Work Plan Chemical Risk Assessment 
for methylene chloride and the March 2015 TSCA Work Plan Chemical Risk 
Assessment for NMP, EPA 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: [email protected].
    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: 
[email protected].
    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

[[Page 40354]]

formaldehyde emission standards applicable to hardwood plywood, medium-
density fiberboard, and particleboard, and finished goods containing 
these products, that are sold, supplied, offered for sale, or 
manufactured (including imported) in the United States. This final rule 
includes provisions relating to, among other things, laminated 
products, products made with no-added formaldehyde resins or ultra low-
emitting formaldehyde resins, testing requirements, product labeling, 
chain of custody documentation and other recordkeeping requirements, 
enforcement, import certification, and product inventory sell-through 
provisions, including a product stockpiling prohibition. This final 
rule also establishes a third-party certification program for hardwood 
plywood, medium-density fiberboard, and particleboard and includes 
procedures for the accreditation of third-party certifiers and general 
requirements for accreditation bodies and third-party certifiers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/03/08  73 FR 73620
Second ANPRM........................   01/30/09  74 FR 5632
NPRM................................   06/10/13  78 FR 34795
NPRM Comment Period Extended........   07/23/13  78 FR 44090
NPRM Comment Period Extended........   08/21/13  78 FR 51696
Final Rule..........................   12/12/16  81 FR 89674
Final Rule Effective................   05/22/17
------------------------------------------------------------------------
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: [email protected].
    Erik Winchester, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 
Phone: 202 564-6450, Email: [email protected].
    RIN: 2070-AJ44

[FR Doc. 2017-17063 Filed 8-23-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                                                          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                                I. Introduction                                       and retrospective reviews of existing
                                                     AGENCY                                                     EPA is committed to a regulatory                   regulations. This portal is available at
                                                                                                             strategy that effectively achieves the                www.epa.gov/regdarrt/.
                                                     40 CFR Ch. I                                                                                                    ‘‘610 Review’’ is an action EPA is
                                                                                                             Agency’s mission of protecting the
                                                                                                             environment and the health, welfare,                  committed to reviewing within ten years
                                                     [FRL–9961–35–OP]                                        and safety of Americans while also                    of promulgating a final rule that has or
                                                                                                             supporting economic growth, job                       may have a significant economic impact
                                                     Spring 2017 Regulatory Agenda                           creation, competitiveness, and                        on a substantial number of small
                                                                                                             innovation. EPA publishes the                         entities. EPA maintains a list of these
                                                     AGENCY:   Environmental Protection                                                                            actions at https://www.epa.gov/reg-flex/
                                                     Agency.                                                 Semiannual Regulatory Agenda to
                                                                                                             update the public about regulatory                    section-610-reviews.
                                                     ACTION: Semiannual regulatory
                                                     flexibility agenda and semiannual                       activity undertaken in support of this                B. What key statutes and executive
                                                     regulatory agenda.                                      mission. Within the Semiannual                        orders guide EPA’s rule and
                                                                                                             Regulatory Agenda, EPA provides notice                policymaking process?
                                                     SUMMARY:   The Environmental Protection                 of our plans to review, propose, and
                                                                                                             issue regulations.                                       A number of environmental laws
                                                     Agency (EPA) publishes the semiannual                                                                         authorize EPA’s actions, including but
                                                     regulatory agenda online (the e-Agenda)                    EPA’s Semiannual Regulatory Agenda
                                                                                                             also includes information about rules                 not limited to:
                                                     at http://www.reginfo.gov and at                                                                                 • Clean Air Act (CAA),
                                                     www.regulations.gov to update the                       that may have a significant economic
                                                                                                             impact on a substantial number of small                  • Clean Water Act (CWA),
                                                     public. This document contains
                                                                                                             entities, and review of those regulations                • Comprehensive Environmental
                                                     information about:
                                                                                                             under the Regulatory Flexibility Act, as              Response, Compensation, and Liability
                                                        • Regulations in the semiannual                                                                            Act (CERCLA, or Superfund),
                                                     regulatory agenda that are under                        amended.
                                                                                                                Within this document, EPA explains                    • Emergency Planning and
                                                     development, completed, or canceled
                                                                                                             in greater detail the types of actions and            Community Right-to-Know Act
                                                     since the last agenda; and
                                                                                                             information available in the Semiannual               (EPCRA),
                                                        • Reviews of regulations with small
                                                                                                             Regulatory Agenda, the opportunity to                    • Federal Insecticide, Fungicide, and
                                                     business impacts under Section 610 of
                                                                                                             suggest regulations that may be                       Rodenticide Act (FIFRA),
                                                     the Regulatory Flexibility Act.
                                                                                                             appropriate for retrospective review,                    • Resource Conservation and
                                                     FOR FURTHER INFORMATION CONTACT: If                                                                           Recovery Act (RCRA),
                                                                                                             and actions that are currently
                                                     you have questions or comments about                                                                             • Safe Drinking Water Act (SDWA),
                                                                                                             undergoing review specifically for
                                                     a particular action, please get in touch                                                                      and
                                                                                                             impacts on small entities.
                                                     with the agency contact listed in each                                                                           • Toxic Substances Control Act
                                                     agenda entry. If you have general                       A. EPA’s Regulatory Information                       (TSCA).
                                                     questions about the semiannual                             ‘‘E-Agenda,’’ ‘‘online regulatory                     Not only must EPA comply with
                                                     regulatory agenda, please contact: Caryn                agenda,’’ and ‘‘semiannual regulatory                 environmental laws, but also
                                                     Muellerleile (muellerleile.caryn@                       agenda’’ all refer to the same                        administrative legal requirements that
                                                     epa.gov; 202–564–2855).                                 comprehensive collection of                           apply to the issuance of regulations,
                                                                                                             information that, until 2007, was                     such as: The Administrative Procedure
                                                     Table of Contents
                                                                                                             published in the Federal Register but                 Act (APA), the Regulatory Flexibility
                                                     I. Introduction                                         now is only available through an online               Act (RFA) as amended by the Small
                                                        A. EPA’s Regulatory Information                                                                            Business Regulatory Enforcement
                                                        B. What key statutes and executive orders
                                                                                                             database, at both www.reginfo.gov/ and
                                                           guide EPA’s rule and policymaking                 www.regulations.gov.                                  Fairness Act (SBREFA), the Unfunded
                                                           process?                                             ‘‘Regulatory Flexibility Agenda’’                  Mandates Reform Act (UMRA), the
                                                        C. How can you be involved in EPA’s rule             refers to a document that contains                    Paperwork Reduction Act (PRA), the
                                                           and policymaking process?                         information about regulations that may                National Technology Transfer and
                                                     II. Semiannual Regulatory Agenda                        have a significant impact on a                        Advancement Act (NTTAA), and the
                                                        A. What actions are included in the e-               substantial number of small entities. We              Congressional Review Act (CRA).
                                                           Agenda and the Regulatory Flexibility             continue to publish it in the Federal                    EPA also meets a number of
                                                           Agenda?                                           Register pursuant to the Regulatory                   requirements contained in numerous
                                                        B. How is the e-Agenda organized?
                                                                                                             Flexibility Act of 1980. This document                Executive Orders: 13771, ‘‘Reducing
                                                        C. What information is in the Regulatory
                                                           Flexibility Agenda and the e-Agenda?              is available at http://www.gpo.gov/                   Regulation and Controlling Regulatory
                                                        D. How can you find out about                        fdsys/search/home.action.                             Costs’’ (82 FR 9339, Feb. 3, 2017);
                                                           rulemakings that start up after the                  ‘‘Unified Regulatory Agenda’’ refers to            12866, ‘‘Regulatory Planning and
                                                           Regulatory Agenda is signed?                      the collection of all agencies’ agendas               Review’’ (58 FR 51735, Oct. 4, 1993), as
                                                        E. What tools are available for mining               with an introduction prepared by the                  supplemented by Executive Order
                                                           Regulatory Agenda data and for finding            Regulatory Information Service Center                 13563, ‘‘Improving Regulation and
                                                           more about EPA rules and policies?                facilitated by the General Service                    Regulatory Review’’ (76 FR 3821, Jan.
                                                     III. Review of Regulations Under 610 of the             Administration.                                       21, 2011); 12898, ‘‘Environmental
                                                           Regulatory Flexibility Act
                                                                                                                ‘‘Regulatory Agenda Preamble’’ refers              Justice’’ (59 FR 7629, Feb. 16, 1994);
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                                                        A. Reviews of Rules with Significant
                                                           Impacts on a Substantial Number of                to the document you are reading now.                  13045, ‘‘Children’s Health Protection’’
                                                           Small Entities                                    It appears as part of the Regulatory                  (62 FR 19885, Apr. 23, 1997); 13132,
                                                        B. What other special attention does EPA             Flexibility Agenda and introduces both                ‘‘Federalism’’ (64 FR 43255, Aug. 10,
                                                           give to the impacts of rules on small             the Regulatory Flexibility Agenda and                 1999); 13175, ‘‘Consultation and
                                                           businesses, small governments, and                the e-Agenda.                                         Coordination with Indian Tribal
                                                           small nonprofit organizations?                       ‘‘Regulatory Development and                       Governments’’ (65 FR 67249, Nov. 9,
                                                     IV. Thank You for Collaborating With Us                 Retrospective Review Tracker’’ refers to              2000); 13211, ‘‘Actions Concerning
                                                     SUPPLEMENTARY INFORMATION:                              an online portal to EPA’s priority rules              Regulations That Significantly Affect


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                           40349

                                                     Energy Supply, Distribution, or Use’’ (66                 • Under the CWA: State Water                        considering and has elected to
                                                     FR 28355, May 22, 2001).                                Quality Standards; deletions from the                 ‘‘withdraw.’’ EPA also announces the
                                                                                                             section 307(a) list of toxic pollutants;              results of any RFA section 610 review
                                                     C. How can you be involved in EPA’s
                                                                                                             suspensions of toxic testing                          in this section of the agenda.
                                                     rule and policymaking process?
                                                                                                             requirements under the National
                                                       You can make your voice heard by                                                                            C. What information is in the Regulatory
                                                                                                             Pollutant Discharge Elimination System
                                                     getting in touch with the contact person                                                                      Flexibility Agenda and the E-Agenda?
                                                                                                             (NPDES); delegations of NPDES
                                                     provided in each agenda entry. EPA                      authority to States;                                     The Regulatory Flexibility Agenda
                                                     encourages you to participate as early in                 • Under SDWA: Actions on State                      entries include only the nine categories
                                                     the process as possible. You may also                   underground injection control                         of information that are required by the
                                                     participate by commenting on proposed                   programs.                                             Regulatory Flexibility Act of 1980 and
                                                     rules published in the Federal Register                   Meanwhile, the Regulatory Flexibility               by Federal Register Agenda printing
                                                     (FR).                                                   Agenda includes:                                      requirements: Sequence Number, RIN,
                                                       Instructions on how to submit your                      • Actions likely to have a significant              Title, Description, Statutory Authority,
                                                     comments are provided in each Notice                    economic impact on a substantial                      Section 610 Review, if applicable,
                                                     of Proposed Rulemaking (NPRM). To be                    number of small entities.                             Regulatory Flexibility Analysis
                                                     most effective, comments should                           • Rules the Agency has identified for               Required, Schedule and Contact Person.
                                                     contain information and data that                       periodic review under section 610 of the              Note that the electronic version of the
                                                     support your position and you also                      RFA.                                                  Agenda (E-Agenda) has more extensive
                                                     should explain why EPA should                             EPA has one ongoing 610 review at                   information on each of these actions.
                                                     incorporate your suggestion in the rule                 this time.                                               E-Agenda entries include:
                                                     or other type of action. You can be                                                                              Title: A brief description of the
                                                     particularly helpful and persuasive if                  B. How is the E-Agenda organized?
                                                                                                                                                                   subject of the regulation. The notation
                                                     you provide examples to illustrate your                    You can choose how to organize the                 ‘‘Section 610 Review’’ follows the title
                                                     concerns and offer specific alternatives.               agenda entries online by specifying the               if we are reviewing the rule as part of
                                                       EPA believes its actions will be more                 characteristics of the entries of interest            our periodic review of existing rules
                                                     cost effective and protective if the                    in the desired individual data fields for             under section 610 of the RFA (5 U.S.C.
                                                     development process includes                            both the www.reginfo.gov and                          610).
                                                     stakeholders working with us to help                    www.regulations.gov versions of the e-                   Priority: Entries are placed into one of
                                                     identify the most practical and effective               Agenda. You can sort based on the                     five categories described below.
                                                     solutions to problems. EPA encourages                   following characteristics: EPA                           a. Economically Significant: Under
                                                     you to become involved in its rule and                  subagency; stage of rulemaking, which                 Executive Order 12866, a rulemaking
                                                     policymaking process. For more                          is explained below; alphabetically by                 that may have an annual effect on the
                                                     information about public involvement                    title; and by the Regulation Identifier               economy of $100 million or more, or
                                                     in EPA activities, please visit                         Number (RIN), which is assigned                       adversely affect in a material way the
                                                     www.epa.gov/open.                                       sequentially when an action is added to               economy, a sector of the economy,
                                                     II. Semiannual Regulatory Agenda                        the agenda. Each entry in the Agenda is               productivity, competition, jobs, the
                                                                                                             associated with one of five rulemaking                environment, public health or safety, or
                                                     A. What actions are included in the e-                  stages. The rulemaking stages are:                    State, local, or tribal governments or
                                                     Agenda and the Regulatory Flexibility                      1. Prerule Stage—This section                      communities.
                                                     Agenda?                                                 includes EPA actions generally intended                  b. Other Significant: A rulemaking
                                                        EPA includes regulations in the e-                   to determine whether the agency should                that is not economically significant but
                                                     Agenda. However, there is no legal                      initiate rulemaking. Prerulemakings                   is considered significant for other
                                                     significance to the omission of an item                 may include anything that influences or               reasons. This category includes rules
                                                     from the agenda, and EPA generally                      leads to rulemaking, such as Advance                  that may:
                                                     does not include the following                          Notices of Proposed Rulemaking                           1. Create a serious inconsistency or
                                                     categories of actions:                                  (ANPRMs), studies or analyses of the                  otherwise interfere with an action taken
                                                        • Administrative actions such as                     possible need for regulatory action.                  or planned by another agency;
                                                     delegations of authority, changes of                       2. Proposed Rule Stage—This section                   2. Materially alter the budgetary
                                                     address, or phone numbers;                              includes EPA rulemaking actions that                  impact of entitlements, grants, user fees,
                                                        • Under the CAA: Revisions to state                  are within a year of proposal                         or loan programs, or the rights and
                                                     implementation plans; equivalent                        (publication of Notices of Proposed                   obligations of recipients; or
                                                     methods for ambient air quality                         Rulemakings [NPRMs]).                                    3. Raise novel legal or policy issues
                                                     monitoring; deletions from the new                         3. Final Rule Stage—This section                   arising out of legal mandates, the
                                                     source performance standards source                     includes rules that will be issued as a               President’s priorities, or the principles
                                                     categories list; delegations of authority               final rule within a year.                             in Executive Order 12866.
                                                     to states; area designations for air                       4. Long-Term Actions—This section                     c. Substantive, Nonsignificant: A
                                                     quality planning purposes;                              includes rulemakings for which the next               rulemaking that has substantive impacts
                                                        • Under FIFRA: Registration-related                  scheduled regulatory action is beyond                 but is not Significant, Routine and
                                                     decisions, actions affecting the status of              12 months away. We urge you to                        Frequent, or Informational/
                                                                                                             explore becoming involved even if an                  Administrative/Other.
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                                                     currently registered pesticides, and data
                                                     call-ins;                                               action is listed in the Long-Term                        d. Routine and Frequent: A
                                                        • Under the Federal Food, Drug, and                  category.                                             rulemaking that is a specific case of a
                                                     Cosmetic Act: Actions regarding                            5. Completed Actions—This section                  recurring application of a regulatory
                                                     pesticide tolerances and food additive                  contains actions that have been                       program in the Code of Federal
                                                     regulations;                                            promulgated and published in the                      Regulations (e.g., certain State
                                                        • Under RCRA: Authorization of State                 Federal Register since publication of                 Implementation Plans, National Priority
                                                     solid waste management plans;                           the fall 2016 Agenda. It also includes                List updates, Significant New Use Rules,
                                                     hazardous waste delisting petitions;                    actions that EPA is no longer                         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                             Small Entities Affected: Indicates                 D. How can you find out about
                                                     Exemptions). If an action that would                    whether the rule is anticipated to have               rulemakings that start up after the
                                                     normally be classified Routine and                      any effect on small businesses, small                 Regulatory Agenda is signed?
                                                     Frequent is reviewed by the Office of                   governments or small nonprofit                          EPA posts monthly information of
                                                     Management and Budget under                             organizations.                                        new rulemakings that the Agency’s
                                                     Executive Order 12866, then we would                       Government Levels Affected: Indicates              senior managers have decided to
                                                     classify the action as either                           whether the rule may have any effect on               develop. This list is also distributed via
                                                     ‘‘Economically Significant’’ or ‘‘Other                 levels of government and, if so, whether              email. You can find the current list,
                                                     Significant.’’                                          the governments are State, local, tribal,             known as the Action Initiation List
                                                        e. Informational/Administrative/                     or Federal.                                           (AIL), at http://www.epa.gov/laws-
                                                     Other: An action that is primarily                                                                            regulations/actions-initiated-month
                                                     informational or pertains to an action                     Federalism Implications: Indicates
                                                                                                             whether the action is expected to have                where you will also find information
                                                     outside the scope of Executive Order                                                                          about how to get an email notification
                                                     12866.                                                  substantial direct effects on the States,
                                                                                                             on the relationship between the                       when a new list is posted.
                                                        Major: A rule is ‘‘major’’ under 5
                                                     U.S.C. 801 (Pub. L. 104–121) if it has                  National Government and the States, or                E. What tools are available for mining
                                                     resulted or is likely to result in an                   on the distribution of power and                      Regulatory Agenda data and for finding
                                                     annual effect on the economy of $100                    responsibilities among the various                    more about EPA rules and policies?
                                                     million or more or meets other criteria                 levels of government.
                                                                                                                                                                   1. The http://www.reginfo.gov/
                                                     specified in that Act.                                     Energy Impacts: Indicates whether the              Searchable Database
                                                        Unfunded Mandates: Whether the                       action is a significant energy action
                                                     rule is covered by section 202 of the                                                                            The Regulatory Information Service
                                                                                                             under EO 13211.
                                                     Unfunded Mandates Reform Act of 1995                                                                          Center and Office of Information and
                                                                                                                Sectors Affected: Indicates the main               Regulatory Affairs have a Federal
                                                     (Pub. L. 104–4). The Act requires that,                 economic sectors regulated by the
                                                     before issuing an NPRM likely to result                                                                       regulatory dashboard that allows users
                                                                                                             action. The regulated parties are                     to view the Regulatory Agenda database
                                                     in a mandate that may result in                         identified by their North American
                                                     expenditures by State, local, and tribal                                                                      (http://www.reginfo.gov/public/do/
                                                                                                             Industry Classification System (NAICS)                eAgendaMain), which includes search,
                                                     governments, in the aggregate, or by the                codes. These codes were created by the
                                                     private sector of more than $100 million                                                                      display, and data transmission options.
                                                                                                             Census Bureau for collecting, analyzing,
                                                     in 1 year.                                              and publishing statistical data on the                2. Subject Matter EPA Web Sites
                                                        Legal Authority: The sections of the                 U.S. economy. There are more than                        Some actions listed in the Agenda
                                                     United States Code (U.S.C.), Public Law                 1,000 NAICS codes for sectors in                      include a URL that provides additional
                                                     (Pub. L.), Executive Order (EO), or                     agriculture, mining, manufacturing,                   information about the action.
                                                     common name of the law that
                                                                                                             services, and public administration.
                                                     authorizes the regulatory action.                                                                             3. Public Dockets
                                                        CFR Citation: The sections of the                       International Trade Impacts: Indicates
                                                                                                                                                                      When EPA publishes either an
                                                     Code of Federal Regulations that would                  whether the action is likely to have
                                                                                                                                                                   Advance Notice of Proposed
                                                     be affected by the action.                              international trade or investment effects,
                                                                                                                                                                   Rulemaking (ANPRM) or a Notice of
                                                        Legal Deadline: An indication of                     or otherwise be of international interest.            Proposed Rulemaking (NPRM) in the
                                                     whether the rule is subject to a statutory                 Agency Contact: The name, address,                 Federal Register, the Agency typically
                                                     or judicial deadline, the date of that                  phone number, and email address, if                   establishes a docket to accumulate
                                                     deadline, and whether the deadline                      available, of a person who is                         materials throughout the development
                                                     pertains to a Notice of Proposed                        knowledgeable about the regulation.                   process for that rulemaking. The docket
                                                     Rulemaking, a Final Action, or some                        Additional Information: Other                      serves as the repository for the
                                                     other action.                                           information about the action including                collection of documents or information
                                                        Abstract: A brief description of the                 docket information.                                   related to a particular Agency action or
                                                     problem the action will address.                                                                              activity. EPA most commonly uses
                                                        Timetable: The dates and citations (if                  URLs: For some actions, the Internet
                                                                                                                                                                   dockets for rulemaking actions, but
                                                     available) for all past steps and a                     addresses are included for reading
                                                                                                                                                                   dockets may also be used for RFA
                                                     projected date for at least the next step               copies of rulemaking documents,
                                                                                                                                                                   section 610 reviews of rules with
                                                     for the regulatory action. A date                       submitting comments on proposals, and
                                                                                                                                                                   significant economic impacts on a
                                                     displayed in the form 10/00/16 means                    getting more information about the
                                                                                                                                                                   substantial number of small entities and
                                                     the agency is predicting the month and                  rulemaking and the program of which it
                                                                                                                                                                   for various non-rulemaking activities,
                                                     year the action will take place but not                 is a part. (Note: To submit comments on
                                                                                                                                                                   such as Federal Register documents
                                                     the day it will occur. For some entries,                proposals, you can go to the associated
                                                                                                                                                                   seeking public comments on draft
                                                     the timetable indicates that the date of                electronic docket, which is housed at
                                                                                                                                                                   guidance, policy statements,
                                                     the next action is ‘‘to be determined.’’                www.regulations.gov. Once there, follow
                                                                                                                                                                   information collection requests under
                                                        Regulatory Flexibility Analysis                      the online instructions to access the
                                                                                                                                                                   the PRA, and other non-rule activities.
                                                     Required: Indicates whether EPA has                     docket in question and submit
                                                                                                                                                                   Docket information should be in that
                                                     prepared or anticipates that it will be                 comments. A docket identification [ID]
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                                                                                                                                                                   action’s agenda entry. All of EPA’s
                                                     preparing a regulatory flexibility                      number will assist in the search for
                                                                                                                                                                   public dockets can be located at
                                                     analysis under section 603 or 604 of the                materials.)
                                                                                                                                                                   www.regulations.gov.
                                                     RFA. Generally, such an analysis is                        RIN: The Regulation Identifier
                                                     required for proposed or final rules                    Number is used by OMB to identify and                 4. EPA’s Regulatory Development and
                                                     subject to the RFA that EPA believes                    track rulemakings. The first four digits              Retrospective Review Tracker
                                                     may have a significant economic impact                  of the RIN identify the EPA office with                  EPA’s Regulatory Development and
                                                     on a substantial number of small                        lead responsibility for developing the                Retrospective Review Tracker
                                                     entities.                                               action.                                               (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                   III. Review of Regulations Under 610 of               promulgation, each rule that has or will
                                                     you with earlier and more frequently                        the Regulatory Flexibility Act                        have a significant economic impact on
                                                     updated information about Agency                                                                                  a substantial number of small entities.
                                                                                                                 A. Reviews of Rules With Significant
                                                     regulations than is provided by the                                                                               At this time, EPA has one ongoing 610
                                                                                                                 Impacts on a Substantial Number of
                                                     Regulatory Agenda. Not all of EPA’s                                                                               review and is completing one 610
                                                                                                                 Small Entities
                                                     Regulatory Agenda entries appear on                                                                               review.
                                                     Reg DaRRT; only priority rulemakings                          Section 610 of the RFA requires that
                                                     can be found on this Web site.                              an agency review, within 10 years of

                                                                                         Review title                                            RIN                  Docket ID #                       Status

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



                                                        EPA established an official public                       the scale of the businesses,                          visit EPA’s RFA/SBREFA Web site at
                                                     docket for this 610 Review. EPA is no                       organizations, and governmental                       www.epa.gov/reg-flex.
                                                     longer accepting comment on the review                      jurisdictions subject to the regulation.              IV. Thank You for Collaborating With
                                                     itself, but comments received in 2016                         Under RFA as amended by SBREFA,                     Us
                                                     can be accessed at https://                                 the Agency must prepare a formal
                                                     www.regulations.gov/ with docket                                                                                     Finally, we would like to thank those
                                                                                                                 analysis of the potential negative                    of you who choose to join with us in
                                                     identification number EPA–HQ–OPPT–
                                                                                                                 impacts on small entities, convene a                  making progress on the complex issues
                                                     2016–0126.
                                                                                                                 Small Business Advocacy Review Panel                  involved in protecting human health
                                                     B. What other special attention does                        (proposed rule stage), and prepare a                  and the environment. Collaborative
                                                     EPA give to the impacts of rules on                         Small Entity Compliance Guide (final                  efforts such as EPA’s open rulemaking
                                                     small businesses, small governments,                        rule stage) unless the Agency certifies a             process are a valuable tool for
                                                     and small nonprofit organizations?                          rule will not have a significant                      addressing the problems we face, and
                                                                                                                 economic impact on a substantial                      the regulatory agenda is an important
                                                       For each of EPA’s rulemakings,                            number of small entities. For more                    part of that process.
                                                     consideration is given to whether there                     detailed information about the Agency’s
                                                     will be any adverse impact on any small                                                                             Dated: April 10, 2017.
                                                                                                                 policy and practice with respect to                   Samantha K. Dravis,
                                                     entity. EPA attempts to fit the regulatory
                                                                                                                 implementing RFA/SBREFA, please
                                                     requirements, to the extent feasible, to                                                                          Associate Administrator, Office of Policy.

                                                                                                                          10—LONG-TERM ACTIONS
                                                                                                                                                                                                         Regulation
                                                       Sequence No.                                                                      Title                                                          Identifier No.

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


                                                                                                                          10—COMPLETED ACTIONS
                                                                                                                                                                                                         Regulation
                                                       Sequence No.                                                                      Title                                                          Identifier No.

                                                     195 ....................   Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Con-                         2060–AS78
                                                                                  structed on or Before January 8, 2014.
                                                     196 ....................   Section 610 Review of Control of Hazardous Air Pollutants From Mobile Sources (Completion of a Sec-                        2060–AS88
                                                                                  tion 610 Review).


                                                                                                                            35—PRERULE STAGE
                                                                                                                                                                                                         Regulation
                                                       Sequence No.                                                                      Title                                                          Identifier No.

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


                                                                                                                        35—PROPOSED RULE STAGE
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                                                                                                                                                                                                         Regulation
                                                       Sequence No.                                                                      Title                                                          Identifier No.

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




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                                                     40352                       Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                                                                                               35—FINAL RULE STAGE
                                                                                                                                                                                                                  Regulation
                                                       Sequence No.                                                                            Title                                                             Identifier No.

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



                                                     ENVIRONMENTAL PROTECTION                                      Emergency Management, 5104A, 1200                        196. Section 610 Review of Control of
                                                     AGENCY (EPA)                                                  Pennsylvania Avenue NW., Washington,                     Hazardous Air Pollutants From Mobile
                                                                                                                   DC 20460, Phone: 202 564–7987, Fax:                      Sources (Completion of a Section 610
                                                     10
                                                                                                                   202 564–2625, Email: franklin.kathy@                     Review)
                                                     Long-Term Actions                                             epa.gov.                                                    Legal Authority: 5 U.S.C. 610
                                                                                                                     RIN: 2050–AG82                                            Abstract: The rulemaking ‘‘Control of
                                                     194. Accidental Release Prevention
                                                     Requirements: Risk Management                                                                                          Hazardous Air Pollutants From Mobile
                                                     Programs Under the Clean Air Act                                                                                       Sources’’ was finalized by the EPA in
                                                                                                                   ENVIRONMENTAL PROTECTION                                 February 2007 (72 FR 8428, February
                                                        Legal Authority: 42 U.S.C. 7412(r)
                                                                                                                   AGENCY (EPA)                                             26, 2007). This program established
                                                        Abstract: The EPA, in response to
                                                                                                                                                                            stringent new controls on gasoline,
                                                     Executive Order 13650, has amended its                        10
                                                                                                                                                                            passenger vehicles, and gas cans to
                                                     Risk Management Program regulations.
                                                                                                                   Completed Actions                                        further reduce emissions of benzene and
                                                     Such revisions include several changes
                                                                                                                                                                            other mobile source air toxics. The EPA
                                                     to the accident prevention program                            195. Federal Plan Requirements for
                                                                                                                                                                            developed a Small Entity Compliance
                                                     requirements including an additional                          Greenhouse Gas Emissions From
                                                                                                                                                                            Guide, which provides descriptions of
                                                     analysis of safer technology and                              Electric Utility Generating Units
                                                                                                                                                                            the regulations and small entity
                                                     alternatives for the process hazard                           Constructed On or Before January 8,
                                                                                                                                                                            provisions, Q&As, and other helpful
                                                     analysis for some Program 3 processes,                        2014
                                                                                                                                                                            compliance information. This new entry
                                                     third-party audits and incident                                 Legal Authority: 42 U.S.C. 7401 et seq.                in the regulatory agenda announces that
                                                     investigation root cause analysis for                         Clean Air Act                                            EPA has reviewed this action pursuant
                                                     Program 2 and Program 3 processes,                              Abstract: In the final Clean Power                     to section 610 of the Regulatory
                                                     enhancements to the emergency                                 Plan (CPP) published on October 23,                      Flexibility Act (5 U.S.C. 610) to
                                                     preparedness requirements, increased                          2015, the EPA set emission guidelines                    determine if the provisions that could
                                                     public availability of chemical hazard                        for the best system of emission                          affect small entities should be continued
                                                     information, and several other changes                        reductions for carbon dioxide from                       without change, or should be rescinded
                                                     to certain regulatory definitions and                         existing power plants. Under section                     or amended to minimize adverse
                                                     data elements submitted in risk                               111(d) of the Clean Air Act, states were                 economic impacts on small entities. As
                                                     management plans. Such amendments                             then required with developing plans to                   part of this review, EPA solicited
                                                     are intended to improve chemical                              achieve reductions in carbon dioxide                     comments on the following factors: (1)
                                                     process safety, assist local emergency                        emissions from the existing power                        The continued need for the rule; (2) the
                                                     authorities in planning for and                               plants in each state. On the same date                   nature of complaints or comments
                                                     responding to accidents, and improve                          that the final CPP was published, the                    received from the public concerning the
                                                     public awareness of chemical hazards at                       EPA proposed a federal plan to                           rule; (3) the complexity of the rule; (4)
                                                     regulated sources.                                            implement the CPP in states that did not                 the extent to which the rule overlaps,
                                                        Timetable:                                                 submit a state plan. On February 9,                      duplicates, or conflicts with other
                                                                                                                   2016, the Supreme Court stayed                           Federal, State, or local government
                                                             Action                  Date           FR Cite        implementation of the CPP pending                        rules; and (5) the degree to which the
                                                     NPRM ..................        03/14/16    81 FR 13637        judicial review. On March 28, 2017, the                  technology, economic conditions or
                                                     NPRM Comment                   05/13/16                       President signed an Executive Order                      other factors have changed in the area
                                                       Period End.                                                 directing EPA to review the Clean                        affected by the rule. The EPA received
                                                     Final Rule ............        01/13/17    82 FR 4594         Power Plan. Consistent with that                         one comment about the program
                                                     Notice ..................      01/26/17    82 FR 8499         Executive Order, the EPA withdrew this                   unrelated to the impact of the
                                                     Final Rule Effec-              03/14/17                       proposed rule. 82 FR 16144 (April 3,                     rulemaking on small entities. The
                                                       tive.                                                       2017).
                                                     Notice ..................      03/16/17    82 FR 13968
                                                                                                                                                                            current mobile source air toxics
                                                                                                                     Timetable:                                             standards program provided substantial
                                                     Final Rule Effec-                To Be Determined                                                                      flexibility for regulated entities,
                                                                                                                           Action                 Date         FR Cite
                                                       tive (TBD).                                                                                                          especially small entities, and does not
                                                                                                                   Notice ..................    04/03/17   82 FR 16144      warrant revision at this time. See EPA’s
                                                       Regulatory Flexibility Analysis                                                                                      report summarizing the results of this
                                                     Required: Yes.                                                  Regulatory Flexibility Analysis                        review in the docket EPA–HQ–OAR–
                                                       Agency Contact: Jim Belke,                                  Required: Yes.                                           2016–0175. This docket can be accessed
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                                                     Environmental Protection Agency,                                Agency Contact: Peter Tsirigotis,                      at www.regulations.gov.
                                                     Office of Land and Emergency                                  Environmental Protection Agency,                            Timetable:
                                                     Management, 5104A, 1200 Pennsylvania                          Office of Air and Radiation, 109 T.W.
                                                     Avenue NW., Washington, DC 20460,                             Alexander Drive, Mail Code D205–01,                             Action               Date         FR Cite
                                                     Phone: 202 564–8023, Fax: 202 564–                            Research Triangle Park, NC 27711,
                                                     8444, Email: belke.jim@epa.gov.                                                                                        Final Rule ............   02/26/07    72 FR 8427
                                                                                                                   Phone: 888 627–7764, Email: airaction@
                                                                                                                                                                            Begin Review ......       06/09/16    81 FR 37373
                                                       Kathy Franklin, Environmental                               epa.gov.                                                 End Review .........      11/17/16
                                                     Protection Agency, Office of Land and                           RIN: 2060–AS78


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

                                                       Regulatory Flexibility Analysis                       of the rule; (4) the extent to which the                EPA identified risks from use of these
                                                     Required: No.                                           rule overlaps, duplicates, or conflicts                 chemicals in paint and coating removal.
                                                       Agency Contact: Tom Eagles,                           with other Federal, State, or local                     EPA determined that these are
                                                     Environmental Protection Agency,                        government rules; and (5) the degree to                 unreasonable risks. On January 19,
                                                     Office of Air and Radiation, 6103A,                     which the technology, economic                          2017, EPA proposed under section 6
                                                     1200 Pennsylvania Avenue NW.,                           conditions or other factors have changed                prohibitions and restrictions on the use
                                                     Washington, DC 20460, Phone: 202 564–                   in the area affected by the rule. The                   of methylene chloride and in consumer
                                                     1952, Fax: 202 564–1554, Email:                         results of EPA’s review will be                         and most types of commercial paint and
                                                     eagles.tom@epamail.epa.gov.                             summarized in a report and placed in                    coating removal. In that proposal, EPA
                                                       RIN: 2060–AS88                                        the docket at the conclusion of this                    identified commercial furniture
                                                                                                             review. This review’s Docket ID number                  refinishing as an industry for which
                                                     ENVIRONMENTAL PROTECTION
                                                                                                             is EPA–HQ–OPPT–2016–0126; the                           EPA would like more information before
                                                     AGENCY (EPA)
                                                                                                             docket can be accessed at                               proposing regulations to address the
                                                     35                                                      www.regulations.gov.                                    risks presented by methylene chloride,
                                                                                                                Timetable:                                           and announced its intention to propose
                                                     Prerule Stage
                                                                                                                                                                     a separate rulemaking to address those
                                                     197. Section 610 Review of Lead-Based                          Action                 Date         FR Cite      risks.
                                                     Paint Activities; Training and                                                                                     Timetable:
                                                     Certification for Renovation and                        Final Rule ............   04/22/08     73 FR 21691
                                                                                                             Begin Review ......       06/09/16     81 FR 37373             Action              Date        FR Cite
                                                     Remodeling Section 402(C)(3) (Section
                                                                                                             Comment Period            08/08/16     81 FR 52393
                                                     610 Review)                                               Extended.                                             NPRM ..................   01/19/17   82 FR 7464
                                                       Legal Authority: 5 U.S.C. 610                         End Review .........      04/00/18                      NPRM Comment              05/01/17   82 FR 20310
                                                       Abstract: EPA is continuing a review                                                                           Period Ex-
                                                     of the 2008 Lead; Renovation, Repair,                     Regulatory Flexibility Analysis                        tended.
                                                     and Painting Program (RRP) (73 FR                       Required: No.                                           NPRM Comment              05/19/17
                                                     21692) pursuant to section 610 of the                     Agency Contact: Jonathan Shafer,                       Period Ex-
                                                                                                             Environmental Protection Agency,                         tended End.
                                                     Regulatory Flexibility Act (RFA, 5
                                                     U.S.C. 610). The rule was amended in                    Office of Chemical Safety and Pollution
                                                                                                                                                                     Supplemental                To Be Determined
                                                     2010 (75 FR 24802) and 2011 (76 FR                      Prevention, 7404T, 1200 Pennsylvania                      NPRM.
                                                     47918) to eliminate a provision for                     Avenue NW., Washington, DC 20460,
                                                     contractors to opt-out of prescribed                    Phone: 202 564–0789, Email:                               Regulatory Flexibility Analysis
                                                     work practices and to affirm the                        shafer.jonathan@epa.gov.                                Required: Yes.
                                                     qualitative clearance of renovated or                     Michelle Price, Environmental                           Agency Contact: Ana Corado,
                                                     repaired spaces, respectively. Although                 Protection Agency, Office of Chemical                   Environmental Protection Agency,
                                                     the section 610 review only needs to                    Safety and Pollution Prevention, 7404T,                 Office of Chemical Safety and Pollution
                                                     address the 2008 RRP Rule, EPA is                       1200 Pennsylvania Avenue NW.,                           Prevention, Mail Code 7408M,
                                                     exercising its discretion to consider                   Washington, DC 20460, Phone: 202 566–                   Washington, DC 20460, Phone: 202 564–
                                                     relevant comments to the 2010 and 2011                  0744, Email: price.michelle@epa.gov.                    0140, Email: corado.ana@epa.gov.
                                                     amendments, including comments on                         RIN: 2070–AK17                                          Joel Wolf, Environmental Protection
                                                     lead test kits, field testing alternatives                                                                      Agency, Office of Chemical Safety and
                                                     and other broader RRP rule concerns as                                                                          Pollution Prevention, 7404T, 1200
                                                     referenced in 80 FR 79335 and 80 FR                     ENVIRONMENTAL PROTECTION                                Pennsylvania Avenue NW., Washington,
                                                     27621. The RRP rule is intended to                      AGENCY (EPA)                                            DC 20460, Phone: 202 564–2228, Fax:
                                                     reduce exposure to lead hazard created                                                                          202 566–0471, Email: wolf.joel@epa.gov.
                                                     by renovation, repair, and painting                     35                                                        RIN: 2070–AK07
                                                     activities that disturb lead-based paint.               Proposed Rule Stage
                                                     The current rule establishes
                                                     requirements for training renovators and                198. N-Methylpyrrolidone (NMP) and
                                                                                                             Methylene Chloride; Rulemaking Under                    ENVIRONMENTAL PROTECTION
                                                     dust sampling technicians; certifying                                                                           AGENCY (EPA)
                                                     renovators, dust sampling technicians,                  TSCA Section 6(A)
                                                     and renovation firms; accrediting                         Legal Authority: 15 U.S.C. 2605 Toxic                 35
                                                     providers of renovation and dust                        Substances Control Act                                  Final Rule Stage
                                                     sampling technician training; and for                     Abstract: Section 6 of the Toxic
                                                     renovation work practices. This entry in                Substances Control Act provides                         199. Formaldehyde Emission Standards
                                                     the regulatory agenda describes EPA’s                   authority for EPA to ban or restrict the                for Composite Wood Products
                                                     review of this action pursuant to section               manufacture (including import),                            Legal Authority: 15 U.S.C. 2697 Toxic
                                                     610 of the Regulatory Flexibility Act (5                processing, distribution in commerce,                   Substances Control Act
                                                     U.S.C. 610) to determine if the                         and use of chemical, as well as any                        Abstract: On December 12, 2016, EPA
                                                     provisions that could affect small                      manner or method of disposal of                         issued a final rule to implement the
                                                     entities should be continued without                    chemicals. Methylene chloride and N-                    Formaldehyde Standards for Composite
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                                                     change, or should be rescinded or                       methylpyrrolidone (NMP) are used in                     Wood Products Act, which added title
                                                     amended to minimize adverse impacts                     paint and coating removal in                            VI to the Toxic Substances Control Act
                                                     on small entities. As part of this review,              commercial processes, consumer                          (TSCA). The purpose of TSCA title VI is
                                                     EPA is considering comments on the                      products, and residential settings. In the              to reduce formaldehyde emissions from
                                                     following factors: (1) The continued                    August 2014 TSCA Work Plan Chemical                     composite wood products, which will
                                                     need for the rule; (2) the nature of                    Risk Assessment for methylene chloride                  reduce exposures to formaldehyde and
                                                     complaints or comments received                         and the March 2015 TSCA Work Plan                       result in benefits from avoided adverse
                                                     concerning the rule; (3) the complexity                 Chemical Risk Assessment for NMP,                       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                         plywood, medium-density fiberboard,                            Action             Date        FR Cite
                                                     applicable to hardwood plywood,                         and particleboard and includes
                                                     medium-density fiberboard, and                          procedures for the accreditation of                      Final Rule Effec-        To Be Determined
                                                     particleboard, and finished goods                       third-party certifiers and general                         tive (TBD).
                                                     containing these products, that are sold,               requirements for accreditation bodies
                                                     supplied, offered for sale, or                          and third-party certifiers.                                Regulatory Flexibility Analysis
                                                     manufactured (including imported) in                                                                             Required: Yes.
                                                                                                               Timetable:
                                                     the United States. This final rule                                                                                 Agency Contact: Robert Courtnage,
                                                     includes provisions relating to, among                                                                           Environmental Protection Agency,
                                                                                                                    Action                 Date          FR Cite
                                                     other things, laminated products,                                                                                Office of Chemical Safety and Pollution
                                                     products made with no-added                             ANPRM ...............     12/03/08     73   FR   73620   Prevention, 7404T, 1200 Pennsylvania
                                                     formaldehyde resins or ultra low-                       Second ANPRM ..           01/30/09     74   FR   5632    Avenue NW., Washington, DC 20460,
                                                     emitting formaldehyde resins, testing                   NPRM ..................   06/10/13     78   FR   34795   Phone: 202 566–1081, Email:
                                                     requirements, product labeling, chain of                NPRM Comment              07/23/13     78   FR   44090   courtnage.robert@epa.gov.
                                                     custody documentation and other                           Period Ex-                                               Erik Winchester, Environmental
                                                     recordkeeping requirements,                               tended.                                                Protection Agency, Office of Chemical
                                                                                                             NPRM Comment              08/21/13     78 FR 51696       Safety and Pollution Prevention, 7404T,
                                                     enforcement, import certification, and                    Period Ex-
                                                     product inventory sell-through                                                                                   Washington, DC 20460, Phone: 202 564–
                                                                                                               tended.                                                6450, Email: winchester.erik@epa.gov.
                                                     provisions, including a product                         Final Rule ............   12/12/16     81 FR 89674
                                                     stockpiling prohibition. This final rule                                                                           RIN: 2070–AJ44
                                                                                                             Final Rule Effec-         05/22/17
                                                     also establishes a third-party                            tive.                                                  [FR Doc. 2017–17063 Filed 8–23–17; 8:45 am]
                                                     certification program for hardwood                                                                               BILLING CODE 6560–50–P
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Document Created: 2018-10-24 12:37:30
Document Modified: 2018-10-24 12:37:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory flexibility agenda and semiannual regulatory agenda.
DatesWhether 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.
ContactIf 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 ([email protected]; 202-564-2855).
FR Citation82 FR 40347 

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