EPA’s Fall 2016 agenda shines light on current, upcoming regulatory actions

Risk management, lead rules for commercial buildings among significant rulemakings

Posted November 21, 2016

On November 17, the White House Office of Management and Budget (OMB) released the Fall 2016 Unified Agenda and Regulatory Plan. EPA’s agenda and plan provide information on upcoming regulatory and deregulatory actions under development.

Ones to watch

Significant rulemakings on EPA’s agenda include several air, waste, and chemical regulations. While EPA is planning to act on dozens of regulations, the following ten rulemakings may have the most impact on industry. Find the entire list on the OMB website.

Rulemaking stage

Rule title


Action date

Proposed Rule

Toxic Substances Control Act (TSCA) service fees

A direct result of 2016 TSCA reforms, this rule would allow EPA to establish fees to defray the costs of administering any new TSCA regulations, along with processing, reviewing, and providing access to and protecting information on chemical substances submitted to the agency.

January 2017

Proposed Rule

TSCA Procedures for prioritization of chemicals for risk evaluations

This rulemaking also falls under the 2016 TSCA reforms. EPA will establish a risk-based screening process for designating chemicals as high risk or low risk.

To be determined

Proposed Rule

TSCA Procedures for evaluating existing chemical risks

This rulemaking also falls under the 2016 TSCA reforms. EPA will establish a process for evaluating the risks to human health and the environment of existing chemicals

June 2017

Proposed Rule

Lead: Renovation, repair, and painting program for public and commercial buildings

In the works since 2010, this rule would require firms that do work on public and commercial buildings built before 1978 to follow strict work practices.

April 2017

Proposed Rule

2015 National air quality standards for ozone

This rule will address the implementation requirements for states, especially in areas that are not meeting the 2008 air quality standards for ozone.

To be determined

Proposed rule

Spill Prevention, Control, and Countermeasures (SPCC) Water Resources Reform Development Act Farm Amendments

EPA is proposing revisions to the SPCC rule to adjust the storage thresholds for farms based on a significant risk of a discharge to water.

To be determined

Final Rule

Nanoscale materials

This rule requires reporting and recordkeeping under TSCA section 8(a) for certain chemical substances manufactured at the nanoscale level.

December 2016

Final Rule

Certification of pesticide applicators

This rule will ensure the competence of certified pesticide applicators of restricted use pesticides.

November 2016

Final Rule

Modernization of the Accidental Release Prevention Regulations under the Clean Air Act

EPA is amending Risk Management Program (RMP) regulations to apply more rigorous requirements to accident prevention activities.

December 2016


Final Rule

Hazardous Waste Generator Improvements

This rule is intended to consolidate the hazardous waste generator regulations to make them easier to comply with. It also adds new labeling and emergency response requirements.

December 2016


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