EPA Expects to Issue Seven Chemical, Pesticide Rulemakings

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By Pat Rizzuto

Dec. 8 — The Environmental Protection Agency expects to soon publish seven proposed and final rules for chemicals and pesticides, a senior agency official told Bloomberg BNA Dec. 8.

“We are planning to wrap them all up by the end of this administration,” said Jim Jones, assistant administrator for chemical safety and pollution prevention.

Jones said he expected the Office of Management and Budget, which is reviewing all seven proposed and final regulations, to clear them for release.

A regulation designed to tighten state licensing standards for pesticide applicators will be released any day, Jones said. He referred to a final rule (RIN:2070-AJ20) that would update the agency’s 1974 certification requirements.

The pesticide applicators rule is not economically significant meaning Congress could not overturn it under the Congressional Review Act, according to a Congressional Research Service analysis.

No OMB Review

The OMB determined it didn’t need to review an eighth rulemaking, Jones said.

That rule, required under the amended Toxic Substances Control Act, would propose a process chemical manufacturers would use to identify chemicals they have made during the last 10 years.

The EPA would use that information to update the TSCA inventory into two sections: a list of chemicals actively in commerce and a list of chemicals that previously were made or used in the U.S. Only chemicals listed on the active inventory could be made in or imported into the U.S.

As described in the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Pub. L. No. 114-182), which amended chemicals law, the EPA will propose to use a straightforward, simple process to update the chemical inventory, Jones said.

The agency expects to propose in January the inventory update and two other regulations required to implement the amended TSCA, Jones said.

The first of those two other rules (RIN:2070-AK23) would propose procedures the EPA would use to determine which chemicals are a high priority for risk evaluation and which are a low priority. The second (RIN: 2070-AK20) would propose the agency’s risk evaluation procedures.

The other four rules Jones said he expects to release by mid-January:

  •  final rule (RIN:2070-AJ54) on reporting and recordkeeping requirements for nanoscale chemicals;
  •  proposed rule (RIN:2070-AK12) to reassess the authorized uses of polychlorinated biphenyls in aging school light fixtures;
  •  proposed rule (RIN:2070-AK11) to manage the health risks trichloroethylene poses when used for vapor degreasing; and
  •  proposed rule (RIN:2070-AK07) to manage health risks two solvents, n-methylpyrrolidone and methylene chloride, pose when used in paint and other coating strippers.
The final nanoscale chemicals rule isn’t a major regulation, meaning it also wouldn’t be subject to revocation by Congress through the Congressional Review Act.

To contact the reporter on this story: Pat Rizzuto in Washington, D.C. at prizzuto@bna.com

To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

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