83 FR 58079 - Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 222 (November 16, 2018)
Federal Register Volume 83, Issue 222 (November 16, 2018)
| Page Range | 58079-58084 | |
| FR Document | 2018-23914 |
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)] [Unknown Section] [Pages 58079-58084] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23914] [[Page 58079]] Vol. 83 Friday, No. 222 November 16, 2018 Part XV Environmental Protection Agency ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 / Unified Agenda [[Page 58080]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL-9981-53-OP] Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions AGENCY: Environmental Protection Agency. ACTION: Semiannual regulatory agenda. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https://www.reginfo.gov and at https://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. 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 https://www.reginfo.gov/ and https://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); and 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 58081]] 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, and 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, and 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), and 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 no 610 reviews 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 https://www.reginfo.gov and https://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 2018 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). [[Page 58082]] If an action that would normally be classified Routine and Frequent is 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 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''), (ii) it addresses an emergency such as critical health, safety, financial, or non-exempt national security matters (offset requirements may be exempted or delayed), (iii) it is required to meet a statutory or judicial deadline (offset requirements may be exempted or delayed), or (iv) it is 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 Executive Order 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 10/00/19 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 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 https://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 58083]] 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 https://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 no 610 reviews. 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 https://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: July 25, 2018. Brittany Bolen, Associate Administrator, Office of Policy. 35--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 356....................... Methylene Chloride; 2070-AK07 Rulemaking Under TSCA Section 6(a). ------------------------------------------------------------------------ 35--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 357....................... Trichloroethylene (TCE); 2070-AK11 Rulemaking Under TSCA Section 6(a); Vapor Degreasing. 358....................... N-Methylpyrrolidone; 2070-AK46 Regulation of Certain Uses Under TSCA Section 6(a). ------------------------------------------------------------------------ ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Final Rule Stage 356. Methylene Chloride; Rulemaking Under TSCA Section 6(A) E.O. 13771 Designation: Regulatory. Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act; 15 U.S.C. 2625 TSCA 26 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 is 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, EPA characterized risks from use of these chemicals in paint and coating removal. On January 19, 2017, EPA preliminarily determined that the use of 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. While EPA proposed to identify the use of methylene chloride in commercial furniture refinishing as presenting an unreasonable risk, EPA intends to further evaluate the commercial furniture refinishing use and develop an [[Page 58084]] appropriate regulatory risk management approach under the process for risk evaluations for existing chemicals under TSCA. Although N- methylpyrrolidone (NMP) was included in the January 2017 proposed rule, EPA intends to address NMP use in paint and coating removal in the risk evaluation for NMP and to consider any resulting risk reduction requirements in a separate regulatory action (RIN 2070-AK46). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/19/17 82 FR 7464 NPRM Comment Period Extended........ 05/01/17 82 FR 20310 Notice.............................. 08/30/17 82 FR 41256 Final Rule.......................... 12/00/18 ....................... ------------------------------------------------------------------------ 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 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35 Long-Term Actions 357. 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........ 05/01/17 82 FR 20310 ----------------------------------- 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 358. N-Methylpyrrolidone; Regulation of Certain Uses 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. N-methylpyrrolidone (NMP) is used in paint and coating removal in commercial processes and consumer products. In the March 2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized risks from use of this chemical in paint and coating removal. On January 19, 2017, EPA preliminarily determined that the use of NMP in paint and coating removal poses an unreasonable risk of injury to health. EPA also 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. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/17/17 82 FR 7464 ----------------------------------- Final Rule.......................... 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-AK46 [FR Doc. 2018-23914 Filed 11-15-18; 8:45 am] BILLING CODE 6560-50-P
![58080 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
ENVIRONMENTAL PROTECTION supporting economic growth, job B. What key statutes and Executive
AGENCY creation, competitiveness, and Orders guide EPA’s rule and
innovation. EPA publishes the policymaking process?
40 CFR Ch. I Semiannual Agenda of Regulatory and A number of environmental laws
[FRL–9981–53–OP] Deregulatory Actions to update the authorize EPA’s actions, including but
public about regulatory activity not limited to:
Fall 2018 Unified Agenda of Regulatory undertaken in support of this mission. • Clean Air Act (CAA),
and Deregulatory Actions In the Semiannual Agenda, EPA • Clean Water Act (CWA),
provides notice of our plans to review, • Comprehensive Environmental
AGENCY: Environmental Protection propose, and issue regulations. Response, Compensation, and Liability
Agency. Act (CERCLA, or Superfund),
Additionally, EPA’s Semiannual
ACTION: Semiannual regulatory agenda. Agenda includes information about • Emergency Planning and
rules that may have a significant Community Right-to-Know Act
SUMMARY: The Environmental Protection (EPCRA),
economic impact on a substantial
Agency (EPA) publishes the Semiannual • Federal Insecticide, Fungicide, and
Agenda of Regulatory and Deregulatory number of small entities, and review of
Rodenticide Act (FIFRA),
Actions online at https:// those regulations under the Regulatory • Resource Conservation and
www.reginfo.gov and at https:// Flexibility Act, as amended. Recovery Act (RCRA),
www.regulations.gov to update the In this document, EPA explains in • Safe Drinking Water Act (SDWA),
public. This document contains greater detail the types of actions and and
information about regulations in the information available in the Semiannual • Toxic Substances Control Act
Semiannual Agenda that are under Agenda and actions that are currently (TSCA).
development, completed, or canceled undergoing review specifically for Not only must EPA comply with
since the last agenda. impacts on small entities. environmental laws, but also
FOR FURTHER INFORMATION CONTACT: If
administrative legal requirements that
A. EPA’s Regulatory Information apply to the issuance of regulations,
you have questions or comments about
a particular action, please get in touch ‘‘E-Agenda,’’ ‘‘online regulatory such as: The Administrative Procedure
with the Agency contact listed in each agenda,’’ and ‘‘semiannual regulatory Act (APA), the Regulatory Flexibility
agenda entry. If you have general agenda’’ all refer to the same Act (RFA) as amended by the Small
questions about the Semiannual comprehensive collection of Business Regulatory Enforcement
Agenda, please contact: Caryn information that, until 2007, was Fairness Act (SBREFA), the Unfunded
Muellerleile (muellerleile.caryn@ published in the Federal Register. Mandates Reform Act (UMRA), the
epa.gov; 202–564–2855). Currently, this information is only Paperwork Reduction Act (PRA), the
available through an online database, at National Technology Transfer and
Table of Contents Advancement Act (NTTAA), and the
both https://www.reginfo.gov/ and
I. Introduction https://www.regulations.gov. Congressional Review Act (CRA).
A. EPA’s Regulatory Information EPA also meets a number of
B. What key statutes and Executive Orders ‘‘Regulatory Flexibility Agenda’’ requirements contained in numerous
guide EPA’s rule and policymaking refers to a document that contains Executive Orders: 13771, ‘‘Reducing
process? information about regulations that may Regulation and Controlling Regulatory
C. How can you be involved in EPA’s rule have a significant impact on a Costs’’ (82 FR 9339, Feb. 3, 2017);
and policymaking process? substantial number of small entities. We 12866, ‘‘Regulatory Planning and
II. Semiannual Agenda of Regulatory and continue to publish this document in Review’’ (58 FR 51735, Oct. 4, 1993), as
Deregulatory Actions the Federal Register pursuant to the supplemented by Executive Order
A. What actions are included in the E- Regulatory Flexibility Act of 1980. This
Agenda and the Regulatory Flexibility
13563, ‘‘Improving Regulation and
document is available at https:// Regulatory Review’’ (76 FR 3821, Jan.
Agenda?
B. How is the E-Agenda organized? www.gpo.gov/fdsys/search/home.action. 21, 2011); 12898, ‘‘Environmental
C. What information is in the Regulatory ‘‘Unified Regulatory Agenda’’ refers to Justice’’ (59 FR 7629, Feb. 16, 1994);
Flexibility Agenda and the E-Agenda? the collection of all agencies’ agendas 13045, ‘‘Children’s Health Protection’’
D. What tools are available for mining with an introduction prepared by the (62 FR 19885, Apr. 23, 1997); 13132,
Regulatory Agenda data and for finding Regulatory Information Service Center ‘‘Federalism’’ (64 FR 43255, Aug. 10,
more about EPA rules and policies? 1999); 13175, ‘‘Consultation and
III. Review of Regulations Under 610 of the
facilitated by the General Service
Administration. Coordination with Indian Tribal
Regulatory Flexibility Act
A. Reviews of Rules With Significant
Governments’’ (65 FR 67249, Nov. 9,
‘‘Regulatory Agenda Preamble’’ refers
Impacts on a Substantial Number of 2000); and 13211, ‘‘Actions Concerning
to the document you are reading now.
Small Entities Regulations That Significantly Affect
It appears as part of the Regulatory
B. What other special attention does EPA Energy Supply, Distribution, or Use’’ (66
Flexibility Agenda and introduces both
give to the impacts of rules on small FR 28355, May 22, 2001).
businesses, small governments, and
EPA’s Regulatory Flexibility Agenda
small nonprofit organizations? and the e-Agenda. C. How can you be involved in EPA’s
IV. Thank You for Collaborating With Us ‘‘610 Review’’ as required by the rule and policymaking process?
amozie on DSK3GDR082PROD with PROPOSALS 15
SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act means a You can make your voice heard by
periodic review within ten years of getting in touch with the contact person
I. Introduction promulgating a final rule that has or provided in each agenda entry. EPA
EPA is committed to a regulatory may have a significant economic impact encourages you to participate as early in
strategy that effectively achieves the on a substantial number of small the process as possible. You may also
Agency’s mission of protecting the entities. EPA maintains a list of these participate by commenting on proposed
environment and the health, welfare, actions at https://www.epa.gov/reg-flex/ rules published in the Federal Register
and safety of Americans while also section-610-reviews. (FR).
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![58082 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
If an action that would normally be annual effect on the economy of $100 responsibilities among the various
classified Routine and Frequent is million or more or meets other criteria levels of government.
reviewed by the Office of Management specified in that Act. Energy Impacts: Indicates whether the
and Budget (OMB) under E.O. 12866, Unfunded Mandates: Whether the action is a significant energy action
then we would classify the action as rule is covered by section 202 of the under E.O. 13211.
either ‘‘Economically Significant’’ or Unfunded Mandates Reform Act of 1995 Sectors Affected: Indicates the main
‘‘Other Significant.’’ (Pub. L. 104–4). The Act requires that, economic sectors regulated by the
e. Informational/Administrative/ before issuing an NPRM likely to result action. The regulated parties are
Other: An action that is primarily in a mandate that may result in identified by their North American
informational or pertains to an action expenditures by State, local, and tribal Industry Classification System (NAICS)
outside the scope of Executive Order governments, in the aggregate, or by the codes. These codes were created by the
12866. private sector of more than $100 million Census Bureau for collecting, analyzing,
Executive Order 13771 Designation: in 1 year, the Agency prepare a written and publishing statistical data on the
Each entry is placed into one of the statement on federal mandates U.S. economy. There are more than
following categories: addressing costs, benefits, and 1,000 NAICS codes for sectors in
a. Deregulatory: When finalized, an intergovernmental consultation. agriculture, mining, manufacturing,
action is expected to have total costs Legal Authority: The sections of the services, and public administration.
less than zero. United States Code (U.S.C.), Public Law International Trade Impacts: Indicates
b. Regulatory: The action is either: (Pub. L.), Executive Order (E.O.), or whether the action is likely to have
(i) A significant regulatory action as common name of the law that international trade or investment effects,
defined in section 3(f) of Executive authorizes the regulatory action. or otherwise be of international interest.
Order 12866, or CFR Citation: The sections of the Agency Contact: The name, address,
(ii) a significant guidance document Code of Federal Regulations that would phone number, and email address, if
(e.g., significant interpretive guidance) be affected by the action. available, of a person who is
reviewed by OMB’s Office of Legal Deadline: An indication of knowledgeable about the regulation.
Information and Regulatory Affairs whether the rule is subject to a statutory Additional Information: Other
(OIRA) under the procedures of or judicial deadline, the date of that information about the action including
Executive Order 12866 that, when deadline, and whether the deadline docket information.
finalized, is expected to impose total pertains to a Notice of Proposed URLs: For some actions, the internet
costs greater than zero. Rulemaking, a Final Action, or some addresses are included for reading
c. Fully or Partially Exempt: the other action. copies of rulemaking documents,
action has been granted, or is expected Abstract: A brief description of the submitting comments on proposals, and
to be granted, a full or partial waiver problem the action will address. getting more information about the
under one or more of the following Timetable: The dates and citations (if rulemaking and the program of which it
circumstances: available) for all past steps and a is a part. (Note: To submit comments on
(i) It is expressly exempt by Executive projected date for at least the next step proposals, you can go to the associated
Order 13771 (issued with respect to a for the regulatory action. A date electronic docket, which is housed at
‘‘military, national security, or foreign displayed in the form 10/00/19 means https://www.regulations.gov. Once
affairs function of the United States’’; or the agency is predicting the month and there, follow the online instructions to
related to ‘‘agency organization, year the action will take place but not access the docket in question and
management, or personnel’’), the day it will occur. For some entries, submit comments. A docket
(ii) it addresses an emergency such as the timetable indicates that the date of identification [ID] number will assist in
critical health, safety, financial, or non- the next action is ‘‘to be determined.’’ the search for materials.)
exempt national security matters (offset Regulatory Flexibility Analysis
RIN: The Regulation Identifier
requirements may be exempted or Required: Indicates whether EPA has
Number is used by OMB to identify and
delayed), prepared or anticipates preparing a
track rulemakings. The first four digits
(iii) it is required to meet a statutory regulatory flexibility analysis under
of the RIN identify the EPA office with
or judicial deadline (offset requirements section 603 or 604 of the RFA.
lead responsibility for developing the
may be exempted or delayed), or Generally, such an analysis is required
action.
(iv) it is expected to generate de for proposed or final rules subject to the
minimis costs. RFA that EPA believes may have a D. What tools are available for mining
d. Not subject to, not significant: Is a significant economic impact on a Regulatory Agenda data and for finding
NPRM or final rule AND is neither an substantial number of small entities. more about EPA rules and policies?
Executive Order 13771 regulatory action Small Entities Affected: Indicates
nor an Executive Order 13771 whether the rule is anticipated to have 1. Federal Regulatory Dashboard
deregulatory action. any effect on small businesses, small The https://www.reginfo.gov/
e. Other: At the time of designation, governments or small nonprofit searchable database, maintained by the
either the available information is too organizations. Regulatory Information Service Center
preliminary to determine Executive Government Levels Affected: Indicates and OIRA, allows users to view the
Order 13771 status or other reasonable whether the rule may have any effect on Regulatory Agenda database (https://
levels of government and, if so, whether
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circumstances preclude a preliminary www.reginfo.gov/public/do/
Executive Order 13771 designation. the affected governments are State, eAgendaMain), which includes search,
f. Independent agency: Is an action an local, Tribal, or Federal. display, and data transmission options.
independent agency anticipates issuing Federalism Implications: Indicates
whether the action is expected to have 2. Subject Matter EPA Websites
and thus is not subject to Executive
Order 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
resulted or is likely to result in an on the distribution of power and information about the action.
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![58084 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
appropriate regulatory risk management of the completed risk assessment. In the completed risk assessments prior to
approach under the process for risk June 2014 TSCA Work Plan Chemical June 22, 2016, consistent with the scope
evaluations for existing chemicals under Risk Assessment for TCE, EPA of the completed risk assessment. N-
TSCA. Although N-methylpyrrolidone characterized risks from the use of TCE methylpyrrolidone (NMP) is used in
(NMP) was included in the January 2017 in commercial degreasing and in some paint and coating removal in
proposed rule, EPA intends to address consumer uses. EPA has preliminarily commercial processes and consumer
NMP use in paint and coating removal determined that these risks are products. In the March 2015 TSCA
in the risk evaluation for NMP and to unreasonable risks. On January 19, Work Plan Chemical Risk Assessment
consider any resulting risk reduction 2017, EPA proposed to prohibit the for NMP, EPA characterized risks from
requirements in a separate regulatory manufacture, processing, distribution in use of this chemical in paint and coating
action (RIN 2070–AK46). commerce, or commercial use of TCE in removal. On January 19, 2017, EPA
Timetable: vapor degreasing. A separate action (RIN preliminarily determined that the use of
2070–AK03), published on December NMP in paint and coating removal poses
Action Date FR Cite 16, 2016, proposed to address the an unreasonable risk of injury to health.
unreasonable risks from TCE when used EPA also co-proposed two options for
NPRM .................. 01/19/17 82 FR 7464 as a spotting agent in dry cleaning and
NPRM Comment 05/01/17 82 FR 20310 NMP in paint and coating removal. The
Period Ex-
in commercial and consumer aerosol first co-proposal would prohibit the
tended. spray degreasers. manufacture, processing, and
Notice .................. 08/30/17 82 FR 41256 Timetable: distribution in commerce of NMP for all
Final Rule ............ 12/00/18 consumer and most commercial paint
Action Date FR Cite and coating removal and the use of NMP
Regulatory Flexibility Analysis for most commercial paint and coating
NPRM .................. 01/19/17 82 FR 7432
Required: Yes. NPRM Comment 02/15/17 82 FR 10732 removal. The second co-proposal would
Agency Contact: Ana Corado, Period Ex- require commercial users of NMP for
Environmental Protection Agency, tended. paint and coating removal to establish a
Office of Chemical Safety and Pollution NPRM Comment 05/01/17 82 FR 20310 worker protection program and not use
Prevention, 1200 Pennsylvania Avenue Period Ex- paint and coating removal products that
NW, Mail Code 7408M, Washington, DC tended. contain greater than 35% NMP by
20460, Phone: 202 564–0140, Email: weight, with certain exceptions; and
corado.ana@epa.gov. Final Rule ............ To Be Determined
require processors of products
Joel Wolf, Environmental Protection containing NMP for paint and coating
Agency, Office of Chemical Safety and Regulatory Flexibility Analysis
Required: Yes. removal to reformulate products such
Pollution Prevention, 1200 that they do not exceed 35% NMP by
Pennsylvania Avenue NW, Mail Code Agency Contact: Toni Krasnic,
Environmental Protection Agency, weight, to identify gloves that provide
7404T, Washington, DC 20460, Phone: effective protection for the formulation,
Office of Chemical Safety and Pollution
202 564–2228, Fax: 202 566–0471, and to provide warnings and
Prevention, 1200 Pennsylvania Avenue
Email: wolf.joel@epa.gov. instructions on any paint and coating
RIN: 2070–AK07 NW, Mail Code 7405M, Washington, DC
20460, Phone: 202 564–0984, Email: removal products containing NMP.
krasnic.toni@epa.gov. Timetable:
Joel Wolf, Environmental Protection
ENVIRONMENTAL PROTECTION Agency, Office of Chemical Safety and Action Date FR Cite
AGENCY (EPA) Pollution Prevention, 1200
Pennsylvania Avenue NW, Mail Code NPRM .................. 01/17/17 82 FR 7464
35
7404T, Washington, DC 20460, Phone:
Final Rule ............ To Be Determined
Long-Term Actions 202–564–2228, Fax: 202–566–0471,
357. Trichloroethylene (TCE); Email: wolf.joel@epa.gov.
RIN: 2070–AK11 Regulatory Flexibility Analysis
Rulemaking Under TSCA Section 6(A); Required: Yes.
Vapor Degreasing 358. • N-Methylpyrrolidone; Regulation
Agency Contact: Ana Corado,
E.O. 13771 Designation: Regulatory of Certain Uses Under TSCA Section
Environmental Protection Agency,
Legal Authority: 15 U.S.C. 2605, Toxic 6(A)
Office of Chemical Safety and Pollution
Substances Control Act E.O. 13771 Designation: Regulatory. Prevention, 1200 Pennsylvania Avenue
Abstract: Section 6(a) of the Toxic Legal Authority: 15 U.S.C. 2605, Toxic NW, Mail Code 7408M, Washington, DC
Substances Control Act (TSCA) provides Substances Control Act 20460, Phone: 202–564–0140, Email:
authority for EPA to ban or restrict the Abstract: Section 6(a) of the Toxic corado.ana@epa.gov.
manufacture (including import), Substances Control Act provides
Joel Wolf, Environmental Protection
processing, distribution in commerce, authority for EPA to ban or restrict the
Agency, Office of Chemical Safety and
and use of chemical substances, as well manufacture (including import),
Pollution Prevention, 1200
as any manner or method of disposal. processing, distribution in commerce,
Pennsylvania Avenue NW, Mail Code
Section 26(l)(4) of TSCA authorizes EPA and use of chemical substances, as well
7404T, Washington, DC 20460, Phone:
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to issue rules under TSCA section 6 for as any manner or method of disposal.
202–564–2228, Fax: 202–566–0471,
chemicals listed in the 2014 update to Section 26(l)(4) of TSCA authorizes EPA
Email: wolf.joel@epa.gov.
the TSCA Work Plan for Chemical to issue rules under TSCA section 6 for
Assessments for which EPA published chemicals listed in the 2014 update to RIN: 2070–AK46
completed risk assessments prior to the TSCA Work Plan for Chemical [FR Doc. 2018–23914 Filed 11–15–18; 8:45 am]
June 22, 2016, consistent with the scope Assessments for which EPA published BILLING CODE 6560–50–P
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Document Created: 2018-11-16 07:23:09
Document Modified: 2018-11-16 07:23:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | 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 Agenda, please contact: Caryn Muellerleile ([email protected]; 202-564-2855). | |
| FR Citation | 83 FR 58079 |
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