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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