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EPA/OAR RIN: 2060-AU83 Publication ID: Spring 2020 
Title: ●Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate (MDI) 
Abstract:

The Clean Air Act (CAA) requires EPA to regulate substances listed as hazardous air pollutants (HAP) under CAA section 112(b). The HAP list includes substances that are air pollutants, and for which emissions, ambient concentrations, bioaccumulation or deposition of the substance are known or reasonably anticipated to cause adverse effects to human health or adverse environmental effects. The CAA requires EPA to consider petitions to add or remove substances from the HAP list. EPA reviews a petition to determine whether it provides adequate data and can be determined complete. If EPA decides that information is not adequate, the Administrator may use any authority available to them to acquire such information. If the petition is determined complete or EPA acquires adequate information through other means of its authority, EPA must, within 18 months, technically review the petition and then either grant or deny the petition. On December 26, 2002, EPA received a petition from the American Chemistry Council to remove 4,4'-methylene diphenyl diisocyanate (MDI) from the HAP list. Two addendums to the petition were provided. The petition was determined to be complete and a public comment period was opened through June 27, 2005 (70 FR 30407; May 26, 2005). Due largely to emerging health studies at the time, the technical review of the petition was inconclusive., The petitioner recently requested that the review be reopened but facility emissions data and studies referenced by the petition are now out of date. An additional public comment period would be required for the petitioner to submit evidence and a NPRM would be required to allow for public comment on EPA review and proposed determination.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 63   
Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Notice  09/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Brian Shrager
Environmental Protection Agency
Office of Air and Radiation
D243-01,
Research Triangle Park, NC 27711
Phone:919 541-7689
Fax:919 541-5450
Email: shrager.brian@epa.gov

Jodi Howard
Environmental Protection Agency
Office of Air and Radiation
E143-01,
Research Triangle Park, NC 27711
Phone:919 541-4991
Fax:919 541-0246
Email: howard.jodi@epa.gov