83 FR 27198 - Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 112 (June 11, 2018)

The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at http://www.reginfo.gov and at www.regulations.gov to update the public. This document contains information about: <bullet> Regulations in the Semiannual 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 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27198-27203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11283]



[[Page 27197]]

Vol. 83

Monday,

No. 112

June 11, 2018

Part XVII





Environmental Protection Agency





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 / 
Unified Agenda

[[Page 27198]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-9974-84-OP]


Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions online at 
http://www.reginfo.gov and at www.regulations.gov to update the public. 
This document contains information about:
     Regulations in the Semiannual 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 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 Agenda of Regulatory and Deregulatory Actions
    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 Agenda of Regulatory and Deregulatory Actions to update the 
public about regulatory activity undertaken in support of this mission. 
In the Semiannual Agenda, EPA provides notice of our plans to review, 
propose, and issue regulations.
    Additionally, EPA's Semiannual 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 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).

[[Page 27199]]

    Instructions on how to submit your comments through https://www.regulations.gov 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 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 Agenda of Regulatory and Deregulatory Actions

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 completed 610 review in this Agenda.

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 fall 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

[[Page 27200]]

Tolerances and Tolerance Exemptions). If an action that would normally 
be classified Routine and Frequent is reviewed by the Office of 
Management and Budget (OMB) 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.
    Executive Order 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 
Executive Order 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 Executive Order 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 Executive Order 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 Executive Order 13771 regulatory action nor an Executive 
Order 13771 deregulatory action;
    e. Other: At the time of designation, either the available 
information is too preliminary to determine Executive Order 13771 
status or other reasonable circumstances preclude a preliminary 
Executive Order 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 05/00/19 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 Executive Order 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.

[[Page 27201]]

3. Deregulatory Actions and Regulatory Reform
    EPA maintains a list of its deregulatory actions under development, 
as well as those that are completed, at https://www.epa.gov/laws-regulations/epa-deregulatory-actions. Additional information about 
EPA's regulatory reform activity is available to the public at https://www.epa.gov/laws-regulations/regulatory-reform.
4. 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 developed 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 completed 610 review.

----------------------------------------------------------------------------------------------------------------
           Review title                RIN                     Docket ID No.                       Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of Lead-Based     2070-AK17  EPA-HQ-OPPT-2016-0126.....................  Completed.
 Paint Activities; Training and
 Certification for Renovation and
 Remodeling Section 402(c)(3).
----------------------------------------------------------------------------------------------------------------

    EPA established an official public docket for this 610 review. A 
summary of this 610 review 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 the 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 the 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: February 22, 2018.
Samantha K. Dravis,
Associate Administrator, Office of Policy.

                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
179.......................  N-Methylpyrrolidone (NMP)          2070-AK07
                             and Methylene Chloride;
                             Rulemaking Under TSCA
                             Section 6(a).
180.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing.
------------------------------------------------------------------------


                          35--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
181.......................  Section 610 Review of Lead-        2070-AK17
                             Based Paint Activities;
                             Training and
                             Certification for
                             Renovation and Remodeling
                             Section 402(c)(3)
                             (Section 610 Review)
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------



[[Page 27202]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Long-Term Actions

179. 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. Section 
26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for 
chemicals listed in the 2014 update to the TSCA Work Plan for Chemical 
Assessments for which EPA published completed risk assessments prior to 
June 22, 2016, consistent with the scope of the completed risk 
assessment. Methylene chloride and N-methylpyrrolidone (NMP) are used 
in paint and coating removal in commercial processes and consumer 
products. 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. On January 19, 2017, EPA preliminarily 
determined that the use of NMP and methylene chloride in paint and 
coating removal poses an unreasonable risk of injury to health. EPA 
also proposed prohibitions and restrictions on the manufacture, 
processing, and distribution in commerce of methylene chloride for all 
consumer and most types of commercial paint and coating removal and on 
the use of methylene chloride in commercial paint and coating removal 
in specified sectors. EPA co-proposed two options for NMP in paint and 
coating removal. The first co-proposal would prohibit the manufacture, 
processing, and distribution in commerce of NMP for all consumer and 
most commercial paint and coating removal and the use of NMP for most 
commercial paint and coating removal. The second co-proposal would 
require commercial users of NMP for paint and coating removal to 
establish a worker protection program and not use paint and coating 
removal products that contain greater than 35% NMP by weight, with 
certain exceptions; and require processors of products containing NMP 
for paint and coating removal to reformulate products such that they do 
not exceed 35% NMP by weight, to identify gloves that provide effective 
protection for the formulation, and to provide warnings and 
instructions on any 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...................   12/00/19
Final Rule..........................   10/00/21
------------------------------------------------------------------------

    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

180. 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. 
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA 
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan 
for Chemical Assessments for which EPA published completed risk 
assessments prior to June 22, 2016, consistent with the scope of the 
completed risk assessment. 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 has preliminarily 
determined that these risks 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, 
proposed to address the unreasonable risks from TCE when used 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 End....   03/16/17
NPRM Comment Period Extended........   05/01/17  82 FR 20310
NPRM Comment Period Extended End....   05/19/17
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Toni Krasnic, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0984, 
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


[[Page 27203]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Completed Actions

181. Section 610 Review of Lead-Based Paint Activities; Training and 
Certification for Renovation and Remodeling Section 402(C)(3) (Section 
610 Review) (Completion of a Section 610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking, Lead; Renovation, Repair, and Painting 
Program (RRP),'' was finalized by the EPA in April 2008 (73 FR 21692). 
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. 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 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 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 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. Although the section 610 review only needs to address the 
2008 RRP Rule, EPA has exercised 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. Fifteen comments 
were received. EPA has concluded that the rule does not need to be 
amended at this time and has addressed the review factors in a report. 
The report is available in docket EPA-HQ-OPPT-2016-0126 and 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..........................   03/05/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: 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].
    Meghan Tierney, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, Mail Code 7404T, Washington, DC 20460, 
Phone: 202 564-2028, Email: [email protected].
    RIN: 2070-AK17.

[FR Doc. 2018-11283 Filed 6-8-18; 8:45 am]
 BILLING CODE 6560-50-P