Several TSCA Rulemakings Pending OMB Review

Date: Nov 29, 2016

The U.S. Environmental Protection Agency (EPA) has sent several proposed rules to implement the new changes to TSCA to the Office of Management and Budget (OMB) for approval. These proposals are highlighted in the table below. Also included is the final rule for nanoscale materials, which EPA initiated under TSCA section 8(a) prior to enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. As we discuss here, OMB typically takes 90 days to review rulemakings prior to publication in the Federal Register. With this timing, many of these rules may not reach publication before Inauguration Day on January 20, 2017. This opens the door for a new administration to amend these rulemakings before they become available for notice and comment or to revise them and reopen the notice and comment period. 

Rule

TSCA Section

Date Received by OMB

Legal Deadline

RIN

Proposed Procedures for Evaluating Existing Chemical Risks    

 

6(b)(4)(B)

11/10/16

June 22, 2017

2070-AK20

Proposed Procedures for Prioritization of Chemicals for Risk Evaluation 

 

6(b)(1)(A)

 

11/07/16

June 22, 2017

2070-AK23

Proposed Rule on N-Methylpyrrolidone (NMP) and Methylene Chloride (MC) in Paint Removers

 

6(a) / 26(l)(4)

10/24/16

--

2070-AK07

Final Rule on Reporting and Recordkeeping Requirements for Nanoscale Materials

 

8(a)

10/07/16

--

2070-AJ54

Proposed  Rule on Trichloroethylene (TCE) in Commercial Vapor Degreasing Applications 

 

6(a) / 26(l)(4)

09/30/16

--

2070-AK11

Proposed Rule on TCE in Spot Cleaning and Aerosol Degreasing Applications

 

6(a) / 26(l)(4)

07/27/16

--

2070-AK03