Friday, June 2, 2017

EPA Sends Second New TSCA NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that the Environmental Protection Administration (EPA) had submitted a notice of proposed rulemaking (NPRM) as part of the implementation of the regulatory requirements of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (PL 114-182). This rulemaking would implement the requirements of §6(b)(4) (130 Stat 463) that requires the Administrator to establish a rule for the EPA’s conduct of risk evaluations of chemicals identified under §6(b)(2)(A) (130 Stat 462).

As with the earlier EPA TSCA implementation rule that was forwarded to OIRA last month, the Trump Administration is legally obligated to complete this rulemaking. They will not, however, meet the incredibly (and completely unrealistically) short legal deadline for producing the final rule (one-year after enactment of the law; or June 22, 2017). The Obama Administration would not have met the deadline either; they submitted their version of this NPRM to OIRA on November 10th, 2016 and it was approved by OIRA on January 13th.

It will be interesting to see if the EPA includes in the NPRM the two regulations that it intends to vacate as part of the Trump regulatory reduction executive order (EO 13771) requirements.

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