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 |