83 FR 1932 - Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 9 (January 12, 2018)
Federal Register Volume 83, Issue 9 (January 12, 2018)
| Page Range | 1932-1938 | |
| FR Document | 2017-28234 |
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)] [Unknown Section] [Pages 1932-1938] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28234] [[Page 1931]] Vol. 83 Friday, No. 9 January 12, 2018 Part XVI Environmental Protection Agency ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 / Unified Agenda [[Page 1932]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL-9968-33-OP] Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions AGENCY: Environmental Protection Agency. ACTION: Semiannual regulatory agenda. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about:Regulations in the semiannual regulatory agenda that are under development, completed, or canceled since the last agenda; and Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act. FOR FURTHER INFORMATION CONTACT: If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Caryn Muellerleile ([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. What tools are available for mining Regulatory Agenda data and for finding more about EPA rules and policies? III. Review of Regulations under 610 of the Regulatory Flexibility Act A. Reviews of Rules with Significant Impacts on a Substantial Number of Small Entities B. What other special attention does EPA give to the impacts of rules on small businesses, small governments, and small nonprofit organizations? IV. Thank You for Collaborating With Us SUPPLEMENTARY INFORMATION: I. Introduction EPA is committed to a regulatory strategy that effectively achieves the Agency's mission of protecting the environment and the health, welfare, and safety of Americans while also supporting economic growth, job creation, competitiveness, and innovation. EPA publishes the Semiannual Regulatory Agenda to update the public about regulatory activity undertaken in support of this mission. In the Semiannual Regulatory Agenda, EPA provides notice of our plans to review, propose, and issue regulations. Additionally, EPA's Semiannual Regulatory Agenda includes information about rules that may have a significant economic impact on a substantial number of small entities, and review of those regulations under the Regulatory Flexibility Act, as amended. In this document, EPA explains in greater detail the types of actions and information available in the Semiannual Regulatory Agenda and actions that are currently undergoing review specifically for impacts on small entities. A. EPA's Regulatory Information ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual regulatory agenda'' all refer to the same comprehensive collection of information that, until 2007, was published in the Federal Register. Currently, this information is only available through an online database, at both www.reginfo.gov/ and www.regulations.gov. ``Regulatory Flexibility Agenda'' refers to a document that contains information about regulations that may have a significant impact on a substantial number of small entities. We continue to publish this document in the Federal Register pursuant to the Regulatory Flexibility Act of 1980. This document is available at https://www.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 EPA's Regulatory Flexibility Agenda and the e- Agenda. ``610 Review'' as required by the Regulatory Flexibility Act means a periodic review within ten years of promulgating a final rule that has or may have a significant economic impact on a substantial number of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews. B. What key statutes and Executive Orders guide EPA's rule and policymaking process? A number of environmental laws authorize EPA's actions, including but not limited to: Clean Air Act (CAA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), Emergency Planning and Community Right-to-Know Act (EPCRA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), and Toxic Substances Control Act (TSCA). Not only must EPA comply with environmental laws, but also administrative legal requirements that apply to the issuance of regulations, such as: the Administrative Procedure Act (APA), the Regulatory Flexibility Act (RFA) as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National Technology Transfer and Advancement Act (NTTAA), and the Congressional Review Act (CRA). EPA also meets a number of requirements contained in numerous Executive Orders: 13771, ``Reducing Regulation and Controlling Regulatory Costs'' (82 FR 9339, Feb. 3, 2017); 12866, ``Regulatory Planning and Review'' (58 FR 51735, Oct. 4, 1993), as supplemented by Executive Order 13563, ``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21, 2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994); 13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997); 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175, ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). C. How can you be involved in EPA's rule and policymaking process? You can make your voice heard by getting in touch with the contact person provided in each agenda entry. EPA encourages you to participate as early in the process as possible. You may also participate by commenting on proposed rules published in the Federal Register (FR). Instructions on how to submit your comments through https://www.regulations.gov are provided in [[Page 1933]] each Notice of Proposed Rulemaking (NPRM). To be most effective, comments should contain information and data that support your position and you also should explain why EPA should incorporate your suggestion in the rule or other type of action. You can be particularly helpful and persuasive if you provide examples to illustrate your concerns and offer specific alternative(s) to that proposed by EPA. EPA believes its actions will be more cost effective and protective if the development process includes stakeholders working with us to help identify the most practical and effective solutions to environmental problems. EPA encourages you to become involved in its rule and policymaking process. For more information about EPA's efforts to increase transparency, participation and collaboration in EPA activities, please visit https://www.epa.gov/open. II. Semiannual Regulatory Agenda A. What actions are included in the 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? Online, you can choose how to sort the agenda entries by specifying the characteristics of the entries of interest in the desired individual data fields for both the www.reginfo.gov and www.regulations.gov versions of the e-Agenda. You can sort based on the following characteristics: EPA subagency (such as Office of Water); stage of rulemaking as described in the following paragraphs; alphabetically by title; or the Regulation Identifier Number (RIN), which is assigned sequentially when an action is added to the agenda. Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are: 1. Prerule Stage--EPA's prerule actions generally are intended to determine whether the agency should initiate rulemaking. Prerulemakings may include anything that influences or leads to rulemaking; this would include Advance Notices of Proposed Rulemaking (ANPRMs), studies or analyses of the possible need for regulatory action. 2. Proposed Rule Stage-- Proposed rulemaking actions include EPA's Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled to publish in the Federal Register within the next year. 3. Final Rule Stage--Final rulemaking actions are those actions that EPA is scheduled to finalize and publish in the Federal Register within the next year. 4. Long-Term Actions--This section includes rulemakings for which the next scheduled regulatory action (such as publication of a NPRM or final rule) is twelve or more months into the future. We urge you to explore becoming involved even if an action is listed in the Long-Term category. 5. Completed Actions--EPA's completed actions are those that have been promulgated and published in the Federal Register since publication of the spring 2017 Agenda. The term completed actions also includes actions that EPA is no longer considering and has elected to ``withdraw'' and also the results of any RFA section 610 reviews. C. What information is in the Regulatory Flexibility agenda and the E- Agenda? The Regulatory Flexibility Agenda entries include only the nine categories of information that are required by the Regulatory Flexibility Act of 1980 and by Federal Register Agenda printing requirements: Sequence Number, RIN, Title, Description, Statutory Authority, Section 610 Review, if applicable, Regulatory Flexibility Analysis Required, Schedule and Contact Person. Note that the electronic version of the Agenda (E-Agenda) replicates each of these actions with more extensive information, described below. E-Agenda entries include: Title: a brief description of the subject of the regulation. The notation ``Section 610 Review'' follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the RFA (5 U.S.C. 610). Priority: Each entry is placed into one of the five following categories: a. Economically Significant: Under Executive Order 12866, a rulemaking that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. b. Other Significant: A rulemaking that is not economically significant but is considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients; or 3. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles in Executive Order 12866. c. Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequent, or Informational/ Administrative/Other. d. Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory program in the Code of Federal Regulations (e.g., certain State Implementation Plans, National Priority List updates, Significant New Use Rules, State Hazardous Waste Management Program actions, and Pesticide Tolerances and Tolerance Exemptions). If an action that would normally be classified Routine and Frequent is [[Page 1934]] reviewed by the Office of Management and Budget (OMB) under E.O. 12866, then we would classify the action as either ``Economically Significant'' or ``Other Significant.'' e. Informational/Administrative/Other: An action that is primarily informational or pertains to an action outside the scope of E.O. 12866. E.O. 13771 Designation: Each entry is placed into one of the following categories: a. Deregulatory: When finalized, an action is expected to have total costs less than zero; b. Regulatory: The action is either (i) a significant regulatory action as defined in Section 3(f) of E.O. 12866, or (ii) a significant guidance document (e.g., significant interpretive guidance) reviewed by OMB's Office of Information and Regulatory Affairs (OIRA) under the procedures of E.O. 12866 that, when finalized, is expected to impose total costs greater than zero; c. Fully or Partially Exempt: The action has been granted, or is expected to be granted, a full or partial waiver under one or more of the following circumstances: (i) It is expressly exempt by E.O. 13771 (issued with respect to a ``military, national security, or foreign affairs function of the United States''; or related to ``agency organization, management, or personnel''), or (ii) it addresses an emergency such as critical health, safety, financial, or non-exempt national security matters (offset requirements may be exempted or delayed), or (iii) it is required to meet a statutory or judicial deadline (offset requirements may be exempted or delayed), or (iv) expected to generate de minimis costs; d. Not subject to, not significant: Is a NPRM or final rule AND is neither an E.O. 13771 regulatory action nor an E.O. 13771 deregulatory action; e. Other: At the time of designation, either the available information is too preliminary to determine E.O. 13771 status or other reasonable circumstances preclude a preliminary E.O. 13771 designation. f. Independent agency: Is an action an independent agency anticipates issuing and thus is not subject to E.O. 13771. Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. Unfunded Mandates: Whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, the agency prepare a written statement on federal mandates addressing costs, benefits, and intergovernmental consultation. Legal Authority: The sections of the United States Code (U.S.C.), Public Law (Pub. L.), Executive Order (E.O.), or common name of the law that authorizes the regulatory action. CFR Citation: The sections of the Code of Federal Regulations that would be affected by the action. Legal Deadline: An indication of whether the rule is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to a Notice of Proposed Rulemaking, a Final Action, or some other action. Abstract: A brief description of the problem the action will address. Timetable: The dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 10/00/18 means the agency is predicting the month and year the action will take place but not the day it will occur. For some entries, the timetable indicates that the date of the next action is ``to be determined.'' Regulatory Flexibility Analysis Required: Indicates whether EPA has prepared or anticipates preparing a regulatory flexibility analysis under section 603 or 604 of the RFA. Generally, such an analysis is required for proposed or final rules subject to the RFA that EPA believes may have a significant economic impact on a substantial number of small entities. Small Entities Affected: Indicates whether the rule is anticipated to have any effect on small businesses, small governments or small nonprofit organizations. Government Levels Affected: Indicates whether the rule may have any effect on levels of government and, if so, whether the affected governments are State, local, tribal, or Federal. Federalism Implications: Indicates whether the action is expected to have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Energy Impacts: Indicates whether the action is a significant energy action under E.O. 13211. Sectors Affected: Indicates the main economic sectors regulated by the action. The regulated parties are identified by their North American Industry Classification System (NAICS) codes. These codes were created by the Census Bureau for collecting, analyzing, and publishing statistical data on the U.S. economy. There are more than 1,000 NAICS codes for sectors in agriculture, mining, manufacturing, services, and public administration. International Trade Impacts: Indicates whether the action is likely to have international trade or investment effects, or otherwise be of international interest. Agency Contact: The name, address, phone number, and email address, if available, of a person who is knowledgeable about the regulation. Additional Information: Other information about the action including docket information. URLs: For some actions, the internet addresses are included for reading copies of rulemaking documents, submitting comments on proposals, and getting more information about the rulemaking and the program of which it is a part. (Note: To submit comments on proposals, you can go to the associated electronic docket, which is housed at www.regulations.gov. Once there, follow the online instructions to access the docket in question and submit comments. A docket identification [ID] number will assist in the search for materials.) RIN: The Regulation Identifier Number is used by OMB to identify and track rulemakings. The first four digits of the RIN identify the EPA office with lead responsibility for developing the action. D. What tools are available for mining Regulatory Agenda data and for finding more about EPA rules and policies? 1. Federal Regulatory Dashboard The https://www.reginfo.gov/ searchable database, maintained by the Regulatory Information Service Center and OIRA, allows users to view the Regulatory Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data transmission options. 2. Subject Matter EPA websites Some actions listed in the Agenda include a URL for an EPA- maintained website that provides additional information about the action. 3. Public Dockets When EPA publishes either an Advance Notice of Proposed Rulemaking (ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal Register, the Agency typically [[Page 1935]] establishes a docket to accumulate materials throughout the development process for that rulemaking. The docket serves as the repository for the collection of documents or information related to that particular Agency action or activity. EPA most commonly uses dockets for rulemaking actions, but dockets may also be used for RFA section 610 reviews of rules with significant economic impacts on a substantial number of small entities and for various non-rulemaking activities, such as Federal Register documents seeking public comments on draft guidance, policy statements, information collection requests under the PRA, and other non-rule activities. Docket information should be in that action's agenda entry. All of EPA's public dockets can be located at www.regulations.gov. III. Review of Regulations under 610 of the Regulatory Flexibility Act A. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities Section 610 of the RFA requires that an agency review, within 10 years of promulgation, each rule that has or will have a significant economic impact on a substantial number of small entities. At this time, EPA has one ongoing 610 review. ---------------------------------------------------------------------------------------------------------------- Review Title RIN Docket ID # Status ---------------------------------------------------------------------------------------------------------------- Section 610 Review of Lead-Based Paint 2070-AK17 EPA-HQ-OPPT-2016-0126..... Ongoing. Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3). ---------------------------------------------------------------------------------------------------------------- EPA established an official public docket for this 610 Review. EPA is no longer accepting comment on the review itself, but comments received in 2016 can be accessed at https://www.regulations.gov/ with docket identification number EPA-HQ-OPPT-2016-0126. B. What other special attention does EPA give to the impacts of rules on small businesses, small governments, and small nonprofit organizations? For each of EPA's rulemakings, consideration is given to whether there will be any adverse impact on any small entity. EPA attempts to fit the regulatory requirements, to the extent feasible, to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. Under RFA as amended by SBREFA, the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed information about the Agency's policy and practice with respect to implementing RFA/SBREFA, please visit EPA's RFA/SBREFA website at www.epa.gov/reg-flex. IV. Thank You for Collaborating With Us Finally, we would like to thank those of you who choose to join with us in making progress on the complex issues involved in protecting human health and the environment. Collaborative efforts such as EPA's open rulemaking process are a valuable tool for addressing the problems we face, and the regulatory agenda is an important part of that process. Dated: October 2, 2017. Samantha K. Dravis, Associate Administrator, Office of Policy. 10--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 321....................... Accidental Release 2050-AG82 Prevention Requirements: Risk Management Programs Under the Clean Air Act. ------------------------------------------------------------------------ 35--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 322....................... Section 610 Review of Lead- 2070-AK17 Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) (Section 610 Review). ------------------------------------------------------------------------ 35--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 323....................... N-Methylpyrrolidone (NMP) 2070-AK07 and Methylene Chloride; Rulemaking Under TSCA Section 6(a). 324....................... Trichloroethylene (TCE); 2070-AK11 Rulemaking Under TSCA Section 6(a); Vapor Degreasing. ------------------------------------------------------------------------ 35--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 325....................... Formaldehyde Emission 2070-AJ44 Standards for Composite Wood Products. ------------------------------------------------------------------------ [[Page 1936]] ENVIRONMENTAL PROTECTION AGENCY (EPA) 10 Completed Actions 321. Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act E.O. 13771 Designation: Not subject to, not significant. Legal Authority: 42 U.S.C. 7412(r) Abstract: The EPA, in response to Executive Order 13650, has amended its Risk Management Program regulations. Such revisions include several changes to the accident prevention program requirements including an additional analysis of safer technology and alternatives for the process hazard analysis for some Program 3 processes, third- party audits and incident investigation root cause analysis for Program 2 and Program 3 processes, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions and data elements submitted in risk management plans. Such amendments are intended to improve chemical process safety, assist local emergency authorities in planning for and responding to accidents, and improve public awareness of chemical hazards at regulated sources. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/14/16 81 FR 13637 Final Rule.......................... 01/13/17 82 FR 4594 Final Rule Effective................ 02/19/19 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jim Belke, Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5104A, Washington, DC 20460, Phone: 202 564-8023, Fax: 202 564- 8444, Email: [email protected]. Kathy Franklin, Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5104A, Washington, DC 20460, Phone: 202 564-7987, Fax: 202 564-2625, Email: [email protected]. RIN: 2050-AG82 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Prerule Stage 322. Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) (Section 610 Review) E.O. 13771 Designation: Not subject to, not significant. Legal Authority: 5 U.S.C. 610 Abstract: EPA is continuing a review of the 2008 Lead; Renovation, Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section 610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a provision for contractors to opt-out of prescribed work practices and to affirm the qualitative clearance of renovated or repaired spaces, respectively. Although the section 610 review only needs to address the 2008 RRP Rule, EPA is exercising its discretion to consider relevant comments to the 2010 and 2011 amendments, including comments on lead test kits, field testing alternatives and other broader RRP rule concerns as referenced in 80 FR 79335 and 80 FR 27621. The RRP rule is intended to reduce exposure to lead hazard created by renovation, repair, and painting activities that disturb lead-based paint. The current rule establishes requirements for training renovators and dust sampling technicians; certifying renovators, dust sampling technicians, and renovation firms; accrediting providers of renovation and dust sampling technician training; and for renovation work practices. This entry in the regulatory agenda describes EPA's review of this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be continued without change, or should be rescinded or amended to minimize adverse impacts on small entities. As part of this review, EPA is considering comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. The results of EPA's review will be summarized in a report and placed in the docket at the conclusion of this review. This review's Docket ID number is EPA-HQ-OPPT-2016-0126; the docket can be accessed at www.regulations.gov. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 04/22/08 73 FR 21691 Begin Review........................ 06/09/16 81 FR 37373 Comment Period Extended............. 08/08/16 81 FR 52393 End Review.......................... 04/00/18 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Jonathan Shafer, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-0789, Email: [email protected]. Michelle Price, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW., Mail Code 7404T, Washington, DC 20460, Phone: 202 566-0744, Email: [email protected]. RIN: 2070-AK17 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Long-Term Actions 323. N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking Under TSCA Section 6(A) E.O. 13771 Designation: Regulatory. Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: Section 6(a) of the Toxic Substances Control Act provides authority for EPA to ban or restrict the manufacture (including import), processing, distribution in commerce, and use of chemical substances, as well as any manner or method of disposal. Methylene chloride and N-methylpyrrolidone (NMP) are used in paint and coating removal in commercial processes, consumer products, and residential settings. In the August 2014 TSCA Work Plan Chemical Risk Assessment for methylene chloride and the March 2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized risks from use of these chemicals in paint and coating removal. EPA determined that these are unreasonable risks. On January 19, 2017, EPA proposed prohibitions and restrictions on the use of methylene chloride in consumer and most types of [[Page 1937]] commercial paint and coating removal. EPA co-proposed two options for NMP in paint and coating removal. The first co-proposal would prohibit NMP in all consumer and commercial paint and coating removal. The second co-proposal would establish a worker protection program for commercial use of NMP in paint and coating removal; limit the concentration of NMP in all paint and coating removal products; and require warnings and instructions on any consumer paint and coating removal products containing NMP. Also in that proposal, EPA identified commercial furniture refinishing as an industry for which EPA would like more information before proposing regulations to address the risks presented by methylene chloride, and announced its intention to issue a separate proposal to address those risks. EPA held a public workshop on September 12, 2017, with representatives of federal and state government agencies, industry professionals, furniture refinishing experts, non-government organizations, academic experts, and others to discuss the role of methylene chloride in furniture refinishing, work practices employed when using methylene chloride in furniture refinishing, potential alternatives, economic impacts, and other issues identified in EPA's January 2017 proposed rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/19/17 82 FR 7464 NPRM Comment Period Extended........ 05/01/17 82 FR 20310 ----------------------------------- Supplemental NPRM................... To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ana Corado, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7408M, Washington, DC 20460, Phone: 202 564-0140, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-2228, Fax: 202 566-0471, Email: [email protected]. RIN: 2070-AK07 324. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(A); Vapor Degreasing E.O. 13771 Designation: Regulatory. Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA) provides authority for EPA to ban or restrict the manufacture (including import), processing, distribution in commerce, and use of chemical substances, as well as any manner or method of disposal. In the June 2014 TSCA Work Plan Chemical Risk Assessment for TCE, EPA characterized risks from the use of TCE in commercial degreasing and in some consumer uses. EPA determined that these are unreasonable risks. On January 19, 2017, EPA proposed to prohibit the manufacture, processing, distribution in commerce, or commercial use of TCE in vapor degreasing. A separate action (RIN 2070-AK03), published on December 16, 2016, proposes to address the unreasonable risks from TCE when as a spotting agent in dry cleaning and in commercial and consumer aerosol spray degreasers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/19/17 82 FR 7432 NPRM Comment Period Extended........ 02/15/17 82 FR 10732 NPRM Comment Period Extended........ 05/01/17 82 FR 20310 ----------------------------------- Final Rule.......................... To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-0484, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-2228, Fax: 202 566-0471, Email: [email protected]. RIN: 2070-AK11 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Completed Actions 325. Formaldehyde Emission Standards for Composite Wood Products E.O. 13771 Designation: Not subject to, not significant. Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act Abstract: On December 12, 2016, the EPA issued a final rule to implement the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act (TSCA). The purpose of TSCA Title VI is to reduce formaldehyde emissions from composite wood products, which will reduce exposures to formaldehyde and result in benefits from avoided adverse health effects. This final rule includes formaldehyde emission standards applicable to hardwood plywood, medium-density fiberboard, and particleboard, and finished goods containing these products, that are sold, supplied, offered for sale, or manufactured (including imported) in the United States. This final rule includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, enforcement, import certification, and product inventory sell-through provisions, including a product stockpiling prohibition. This final rule also establishes a third-party certification program for hardwood plywood, medium-density fiberboard, and particleboard and includes procedures for the accreditation of third-party certifiers and general requirements for accreditation bodies and third-party certifiers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 12/03/08 73 FR 73620 Second ANPRM........................ 01/30/09 74 FR 5632 NPRM................................ 06/10/13 78 FR 34795 NPRM Comment Period Extended........ 07/23/13 78 FR 44090 NPRM Comment Period Extended........ 08/21/13 78 FR 51696 Final Rule.......................... 12/12/16 81 FR 89674 Final Rule Effective................ 05/22/17 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Robert Courtnage, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, Email: [email protected]. [[Page 1938]] Erik Winchester, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 564-6450, Email: [email protected]. RIN: 2070-AJ44 [FR Doc. 2017-28234 Filed 1-11-18; 8:45 am] BILLING CODE 6560-50-P
![1932 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
ENVIRONMENTAL PROTECTION environment and the health, welfare, B. What key statutes and Executive
AGENCY and safety of Americans while also Orders guide EPA’s rule and
supporting economic growth, job policymaking process?
40 CFR Ch. I creation, competitiveness, and A number of environmental laws
[FRL–9968–33–OP] innovation. EPA publishes the authorize EPA’s actions, including but
Semiannual Regulatory Agenda to not limited to:
Fall 2017 Unified Agenda of Regulatory update the public about regulatory
activity undertaken in support of this • Clean Air Act (CAA),
and Deregulatory Actions • Clean Water Act (CWA),
mission. In the Semiannual Regulatory • Comprehensive Environmental
AGENCY: Environmental Protection Agenda, EPA provides notice of our Response, Compensation, and Liability Act
Agency. plans to review, propose, and issue (CERCLA, or Superfund),
ACTION: Semiannual regulatory agenda. regulations. • Emergency Planning and Community
Additionally, EPA’s Semiannual Right-to-Know Act (EPCRA),
SUMMARY: The Environmental Protection Regulatory Agenda includes information • Federal Insecticide, Fungicide, and
Agency (EPA) publishes the semiannual about rules that may have a significant Rodenticide Act (FIFRA),
regulatory agenda online (the e-Agenda) • Resource Conservation and Recovery Act
economic impact on a substantial (RCRA),
at http://www.reginfo.gov and at number of small entities, and review of
www.regulations.gov to update the • Safe Drinking Water Act (SDWA), and
those regulations under the Regulatory • Toxic Substances Control Act (TSCA).
public. This document contains Flexibility Act, as amended.
information about: Not only must EPA comply with
In this document, EPA explains in
• Regulations in the semiannual environmental laws, but also
greater detail the types of actions and
regulatory agenda that are under administrative legal requirements that
information available in the Semiannual
development, completed, or canceled apply to the issuance of regulations,
Regulatory Agenda and actions that are
since the last agenda; and such as: the Administrative Procedure
currently undergoing review specifically
• Reviews of regulations with small Act (APA), the Regulatory Flexibility
for impacts on small entities.
business impacts under Section 610 of Act (RFA) as amended by the Small
the Regulatory Flexibility Act. A. EPA’s Regulatory Information Business Regulatory Enforcement
FOR FURTHER INFORMATION CONTACT: If Fairness Act (SBREFA), the Unfunded
‘‘E-Agenda,’’ ‘‘online regulatory
you have questions or comments about Mandates Reform Act (UMRA), the
agenda,’’ and ‘‘semiannual regulatory
a particular action, please get in touch Paperwork Reduction Act (PRA), the
agenda’’ all refer to the same
with the agency contact listed in each National Technology Transfer and
comprehensive collection of
agenda entry. If you have general Advancement Act (NTTAA), and the
information that, until 2007, was
questions about the semiannual Congressional Review Act (CRA).
published in the Federal Register. EPA also meets a number of
regulatory agenda, please contact: Caryn Currently, this information is only
Muellerleile (muellerleile.caryn@ requirements contained in numerous
available through an online database, at Executive Orders: 13771, ‘‘Reducing
epa.gov; 202–564–2855). both www.reginfo.gov/ and Regulation and Controlling Regulatory
Table of Contents www.regulations.gov. Costs’’ (82 FR 9339, Feb. 3, 2017);
‘‘Regulatory Flexibility Agenda’’ 12866, ‘‘Regulatory Planning and
I. Introduction refers to a document that contains
A. EPA’s Regulatory Information Review’’ (58 FR 51735, Oct. 4, 1993), as
B. What key statutes and Executive Orders
information about regulations that may supplemented by Executive Order
guide EPA’s rule and policymaking have a significant impact on a 13563, ‘‘Improving Regulation and
process? substantial number of small entities. We Regulatory Review’’ (76 FR 3821, Jan.
C. How can you be involved in EPA’s rule continue to publish this document in 21, 2011); 12898, ‘‘Environmental
and policymaking process? the Federal Register pursuant to the Justice’’ (59 FR 7629, Feb. 16, 1994);
II. Semiannual Regulatory Agenda Regulatory Flexibility Act of 1980. This 13045, ‘‘Children’s Health Protection’’
A. What actions are included in the E- document is available at https://
Agenda and the Regulatory Flexibility (62 FR 19885, Apr. 23, 1997); 13132,
www.gpo.gov/fdsys/search/home.action. ‘‘Federalism’’ (64 FR 43255, Aug. 10,
agenda?
‘‘Unified Regulatory Agenda’’ refers to 1999); 13175, ‘‘Consultation and
B. How is the E-Agenda organized?
C. What information is in the Regulatory the collection of all agencies’ agendas Coordination with Indian Tribal
Flexibility agenda and the E-Agenda? with an introduction prepared by the Governments’’ (65 FR 67249, Nov. 9,
D. What tools are available for mining Regulatory Information Service Center 2000); 13211, ‘‘Actions Concerning
Regulatory Agenda data and for finding facilitated by the General Service Regulations That Significantly Affect
more about EPA rules and policies? Administration. Energy Supply, Distribution, or Use’’ (66
III. Review of Regulations under 610 of the ‘‘Regulatory Agenda Preamble’’ refers
Regulatory Flexibility Act
FR 28355, May 22, 2001).
to the document you are reading now.
A. Reviews of Rules with Significant It appears as part of the Regulatory C. How can you be involved in EPA’s
Impacts on a Substantial Number of rule and policymaking process?
Flexibility Agenda and introduces both
Small Entities
B. What other special attention does EPA EPA’s Regulatory Flexibility Agenda You can make your voice heard by
give to the impacts of rules on small and the e-Agenda. getting in touch with the contact person
‘‘610 Review’’ as required by the provided in each agenda entry. EPA
sradovich on DSK3GMQ082PROD with PROPOSALS
businesses, small governments, and
small nonprofit organizations? Regulatory Flexibility Act means a encourages you to participate as early in
IV. Thank You for Collaborating With Us periodic review within ten years of the process as possible. You may also
SUPPLEMENTARY INFORMATION: promulgating a final rule that has or participate by commenting on proposed
may have a significant economic impact rules published in the Federal Register
I. Introduction on a substantial number of small (FR).
EPA is committed to a regulatory entities. EPA maintains a list of these Instructions on how to submit your
strategy that effectively achieves the actions at https://www.epa.gov/reg-flex/ comments through https://
Agency’s mission of protecting the section-610-reviews. www.regulations.gov are provided in
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![1934 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
reviewed by the Office of Management before issuing an NPRM likely to result action. The regulated parties are
and Budget (OMB) under E.O. 12866, in a mandate that may result in identified by their North American
then we would classify the action as expenditures by State, local, and tribal Industry Classification System (NAICS)
either ‘‘Economically Significant’’ or governments, in the aggregate, or by the codes. These codes were created by the
‘‘Other Significant.’’ private sector of more than $100 million Census Bureau for collecting, analyzing,
e. Informational/Administrative/ in 1 year, the agency prepare a written and publishing statistical data on the
Other: An action that is primarily statement on federal mandates U.S. economy. There are more than
informational or pertains to an action addressing costs, benefits, and 1,000 NAICS codes for sectors in
outside the scope of E.O. 12866. intergovernmental consultation. agriculture, mining, manufacturing,
E.O. 13771 Designation: Each entry is Legal Authority: The sections of the services, and public administration.
placed into one of the following United States Code (U.S.C.), Public Law International Trade Impacts: Indicates
categories: (Pub. L.), Executive Order (E.O.), or whether the action is likely to have
a. Deregulatory: When finalized, an common name of the law that international trade or investment effects,
action is expected to have total costs authorizes the regulatory action. or otherwise be of international interest.
less than zero; CFR Citation: The sections of the Agency Contact: The name, address,
b. Regulatory: The action is either Code of Federal Regulations that would phone number, and email address, if
(i) a significant regulatory action as be affected by the action. available, of a person who is
defined in Section 3(f) of E.O. 12866, or Legal Deadline: An indication of knowledgeable about the regulation.
(ii) a significant guidance document whether the rule is subject to a statutory Additional Information: Other
(e.g., significant interpretive guidance) or judicial deadline, the date of that information about the action including
reviewed by OMB’s Office of deadline, and whether the deadline docket information.
Information and Regulatory Affairs pertains to a Notice of Proposed URLs: For some actions, the internet
(OIRA) under the procedures of E.O. Rulemaking, a Final Action, or some addresses are included for reading
12866 that, when finalized, is expected other action. copies of rulemaking documents,
to impose total costs greater than zero; Abstract: A brief description of the submitting comments on proposals, and
c. Fully or Partially Exempt: The problem the action will address. getting more information about the
action has been granted, or is expected Timetable: The dates and citations (if rulemaking and the program of which it
to be granted, a full or partial waiver available) for all past steps and a is a part. (Note: To submit comments on
under one or more of the following projected date for at least the next step proposals, you can go to the associated
circumstances: for the regulatory action. A date electronic docket, which is housed at
(i) It is expressly exempt by E.O. displayed in the form 10/00/18 means www.regulations.gov. Once there, follow
13771 (issued with respect to a the agency is predicting the month and the online instructions to access the
‘‘military, national security, or foreign year the action will take place but not docket in question and submit
affairs function of the United States’’; or the day it will occur. For some entries, comments. A docket identification [ID]
related to ‘‘agency organization, the timetable indicates that the date of number will assist in the search for
management, or personnel’’), or the next action is ‘‘to be determined.’’ materials.)
(ii) it addresses an emergency such as Regulatory Flexibility Analysis RIN: The Regulation Identifier
critical health, safety, financial, or non- Required: Indicates whether EPA has Number is used by OMB to identify and
exempt national security matters (offset prepared or anticipates preparing a track rulemakings. The first four digits
requirements may be exempted or regulatory flexibility analysis under of the RIN identify the EPA office with
delayed), or section 603 or 604 of the RFA. lead responsibility for developing the
(iii) it is required to meet a statutory Generally, such an analysis is required action.
or judicial deadline (offset requirements for proposed or final rules subject to the
may be exempted or delayed), or RFA that EPA believes may have a D. What tools are available for mining
(iv) expected to generate de minimis significant economic impact on a Regulatory Agenda data and for finding
costs; substantial number of small entities. more about EPA rules and policies?
d. Not subject to, not significant: Is a Small Entities Affected: Indicates
NPRM or final rule AND is neither an 1. Federal Regulatory Dashboard
whether the rule is anticipated to have
E.O. 13771 regulatory action nor an E.O. any effect on small businesses, small The https://www.reginfo.gov/
13771 deregulatory action; governments or small nonprofit searchable database, maintained by the
e. Other: At the time of designation, organizations. Regulatory Information Service Center
either the available information is too Government Levels Affected: Indicates and OIRA, allows users to view the
preliminary to determine E.O. 13771 whether the rule may have any effect on Regulatory Agenda database (https://
status or other reasonable circumstances levels of government and, if so, whether www.reginfo.gov/public/do/
preclude a preliminary E.O. 13771 the affected governments are State, eAgendaMain), which includes search,
designation. local, tribal, or Federal. display, and data transmission options.
f. Independent agency: Is an action an Federalism Implications: Indicates
independent agency anticipates issuing whether the action is expected to have 2. Subject Matter EPA websites
and thus is not subject to E.O. 13771. substantial direct effects on the States, Some actions listed in the Agenda
Major: A rule is ‘‘major’’ under 5 on the relationship between the include a URL for an EPA-maintained
U.S.C. 801 (Pub. L. 104–121) if it has National Government and the States, or website that provides additional
sradovich on DSK3GMQ082PROD with PROPOSALS
resulted or is likely to result in an on the distribution of power and information about the action.
annual effect on the economy of $100 responsibilities among the various
3. Public Dockets
million or more or meets other criteria levels of government.
specified in that Act. Energy Impacts: Indicates whether the When EPA publishes either an
Unfunded Mandates: Whether the action is a significant energy action Advance Notice of Proposed
rule is covered by section 202 of the under E.O. 13211. Rulemaking (ANPRM) or a Notice of
Unfunded Mandates Reform Act of 1995 Sectors Affected: Indicates the main Proposed Rulemaking (NPRM) in the
(Pub. L. 104–4). The Act requires that, economic sectors regulated by the Federal Register, the Agency typically
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![1938 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Erik Winchester, Environmental 7404T, Washington, DC 20460, Phone: RIN: 2070–AJ44
Protection Agency, Office of Chemical 202 564–6450, Email: winchester.erik@ [FR Doc. 2017–28234 Filed 1–11–18; 8:45 am]
Safety and Pollution Prevention, 1200 epa.gov. BILLING CODE 6560–50–P
Pennsylvania Avenue NW, Mail Code
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Document Created: 2018-10-26 09:50:33
Document Modified: 2018-10-26 09:50:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Unknown Section | |
| Action | Semiannual regulatory agenda. | |
| Dates | Whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, the agency prepare a written statement on | |
| 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). | |
| FR Citation | 83 FR 1932 |
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