Fall 2010 Regulatory Agenda, 79843-79857 [2010-30459]
Download as PDF
Monday,
December 20, 2010
Part XV
Environmental
Protection Agency
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Semiannual Regulatory Agenda
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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[ 9134-3 ]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0166
EPA-HQ-OAR-2010-0052
EPA-HQ-OW-2010-0728
Fall 2010 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-Agenda)
at www.reginfo.gov to update the public
about:
SUMMARY:
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• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rules and major policymakings
completed or canceled since the last
agenda.
Definitions:
‘‘E-Agenda,’’ ‘‘online regulatory
agenda,’’ and ‘‘semiannual regulatory
agenda’’ all refer to the same
comprehensive collection of
information that until 2007 was
published in the Federal Register but
which now is only available through an
online database.
‘‘Regulatory Flexibility Agenda’’
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities. It
continues to be published in the Federal
Register because that is what is required
by the 1980 Regulatory Flexibility Act.
‘‘Monthly Action Initiation List’’ (AIL)
refers to a list that EPA posts online
each month of the regulations newly
approved for development.
‘‘Unified Regulatory Agenda’’ refers to
the collection of all agencies’ agendas
with an introduction prepared by the
Regulatory Information Service Center.
‘‘Regulatory Agenda preamble’’ refers
to the document you are reading now.
It appears as part of the Regulatory
Flexibility Agenda and introduces both
the Regulatory Flexibility Agenda and
the e-Agenda.
‘‘Rulemaking Gateway’’ refers to a
new online portal to EPA’s priority rules
with earlier and more frequently
updated information about Agency
regulations. More information about the
Rulemaking Gateway appears in section
H of this preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the semiannual
regulatory agenda, please contact: Phil
Schwartz (schwartz.philip@epa.gov;
202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-5642855).
TO BE PLACED ON A MAILING LIST FOR
UPDATED INFORMATION ON RULES UNDER
DEVELOPMENT: If you would like to
receive an e-mail with a link to new
semiannual regulatory agendas as soon
as they are published, please send an email message with your name and
address to: nscep@bps-lmit.com and put
‘‘E-Regulatory Agenda: Electronic Copy’’
in the subject line.
If you would like to regularly receive
information about the rules newly
approved for development, sign up for
our monthly Action Initiation List by
going to
https://www.epa.gov/lawsregs/search/
ail.html#notification and completing the
steps listed there.
You can track progress on various
aspects of EPA’s priority rulemakings by
signing up for RSS feeds from the
Rulemaking Gateway at
https://yosemite.epa.gov/opei/
RuleGate.nsf/content/
getalerts.html?opendocument.
If you would like to receive a hard
copy of the semiannual agenda about 2
to 3 months after publication, call 800490-9198 or send an e-mail with your
name and complete address to:
nscep@bps-lmit.com and put
‘‘Regulatory Agenda Hard Copy’’ in the
subject line. We are ending distribution
of hard copies of the Agenda after the
Fall 2010 edition. You will still,
however, be able to download and print
a Federal Register style version of the
EPA’s Agenda at
www.epa.gov/lawsregs/search/
regagenda.html.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda
Information
B. What Are EPA’s Regulatory Goals and
What Key Principles, Statutes, and
Executive Orders Guide Our Rule and
Policymaking Process?
C. How Can You Be Involved in EPA’s
Rule and Policymaking Process?
D. What Actions Are Included in the
Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory
Flexibility Agenda and the E-Agenda?
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Type
Information
Type of Information
Federal Register Location
Semiannual Regulatory Agenda
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Online Locations
www.reginfo.gov/, www.regulations.gov,
and https://www.epa.gov/lawsregs/
search/regagenda.html
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EPA
Type of Information
Online Locations
FY 2011 Regulatory Plan
Go to: Regulations.gov and put ‘‘EPAHQ-OA-2010-0915-0002’’ in the key word
box
www.reginfo.gov/, www.regulations.gov,
and https://www.epa.gov/lawsregs/
search/regagenda.html
https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail& d=EPA-HQOA-2008-0265 and
https://www.epa.gov/lawsregs/
search/ail.html
www.epa.gov/rulemaking/
Semiannual Regulatory Flexibility Agenda
Monthly Action Initiation List
Rulemaking Gateway
B. What Are EPA’s Regulatory
Priorities, and What Key Principles,
Statutes, and Executive Orders Guide
Our Rule and Policymaking Process?
Priorities
To guide the Agency’s efforts in 2011
and subsequent years, Administrator
Lisa P. Jackson has established the
following seven guiding principles. For
a more extensive discussion of these
principles please see our FY 2011
Regulatory Plan.
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1. Taking Action on Climate Change:
In 2009 EPA finalized an endangerment
finding on greenhouse gases; issued the
first national rules to reduce
greenhouse-gas emissions under the
Clean Air Act; and initiated a national
reporting system for greenhouse gas
emissions. In 2010, EPA and NHTSA
announced a joint final rule establishing
a historic national program that will
dramatically reduce greenhouse gas
emissions and improve fuel economy
for new cars and trucks sold in the
United States. The mobile sources
addressed in that regulatory action —
light-duty vehicles and heavy-duty
vehicles —accounted for 23 percent of
all U.S. greenhouse gas emissions in
2007. While EPA stands ready to help
Congress craft strong, science-based
climate legislation that addresses the
spectrum of issues, the Agency will
deploy existing regulatory tools as they
are available and warranted.
2. Improving Air Quality: Since
passage of the Clean Air Act
Amendments in 1990, nationwide air
quality has improved significantly for
the six criteria air pollutants for which
there are national ambient air quality
standards. Despite this progress, about
127 million Americans lived in counties
with air considered unhealthy in 2008.
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Long-term exposure to air pollution can
cause cancer and damage to the
immune, neurological, reproductive,
cardiovascular, and respiratory systems.
Because people spend much of their
lives indoors, the quality of indoor air
is also a major concern.
3. Assuring the Safety of Chemicals:
One of EPA’s highest priorities is to
make significant and long overdue
progress in assuring the safety of
chemicals. On September 29, 2009,
Administrator Jackson announced clear
principles to guide Congress in writing
a new chemical risk management law
that will fix the weaknesses in Toxic
Substances Control Act (TSCA). EPA is
shifting its focus to addressing highconcern chemicals and filling data gaps
on widely-produced chemicals in
commerce.
4. Cleaning Up Our Communities: In
2009, EPA accelerated its Superfund
program and confronted significant
local environmental challenges like the
asbestos Public Health Emergency in
Libby, Montana and the coal ash spill in
Kingston, Tennessee.
5. Protecting America’s Waters:
America’s water bodies are imperiled as
never before. Water quality and
enforcement programs face complex
challenges, from nutrient loadings and
storm water runoff to invasive species
and drinking water contaminants. These
challenges demand both traditional and
innovative strategies.
6. Expanding the Conversation on
Environmentalism and Working for
Environmental Justice:
Environmentalism has been described
as a conversation that we all must have
because it is about protecting people in
the places they live, work, and raise
families. The Agency is now focusing on
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Part XII of today’s issue
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expanding the conversation to include
new stakeholders and involve
communities in more direct ways.
7. Building Strong State and Tribal
Partnerships: EPA’s success depends
more than ever on working with
increasingly capable and
environmentally conscious partners.
The Agency works with the States and
Tribes, business and industry, nonprofit
organizations, environmental groups,
and educational institutions in a wide
variety of collaborative efforts. States
and tribal nations bear important
responsibilities for the day-to-day
mission of environmental protection.
Other Key Principles, Statutes, and
Executive Orders Guiding Our Rule and
Policymaking Process
EPA’s strength has always been our
ability to adapt to the constantly
changing face of environmental
protection as our economy and society
evolve, and science teaches us more
about how humans interact with and
affect the natural world. Now, more
than ever, EPA must be innovative and
forward looking because the
environmental challenges faced by
Americans all across our country are
unprecedented.
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
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Congressional Review Act. We also
must meet a number of requirements
contained in Executive Orders 12866
(Regulatory Planning and Review; 58 FR
51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994), 13045 (Children’s
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255; August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249; November 9, 2000), 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use; 66 FR 28355; May
22, 2001).
C. How Can You Be Involved in EPA’s
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register (FR).
Instructions on how to submit your
comments are provided in each of our
Notices of Proposed Rulemaking
(NPRMs). To be most effective,
comments should contain information
and data that support your position, and
you also should explain why we should
incorporate your suggestion in the rule
or nonregulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA’s rule and
policymaking process. For more
information about public involvement
in EPA activities, please visit
www.epa.gov/publicinvolvement.
D. What Actions Are Included in the EAgenda and the Regulatory Flexibility
Agenda?
EPA includes regulations and certain
major policy documents in the eAgenda. However, there is no legal
significance to the omission of an item
from the agenda, and we generally do
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not include the following categories of
actions:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers;
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes;
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Registration-related decisions, actions
affecting the status of currently
registered pesticides, and data callins;
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations;
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions;
• Under the Clean Water Act: State
Water Quality Standards; deletions
from the section 307(a) list of toxic
pollutants; suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
delegations of NPDES authority to
States;
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Regulatory Flexibility Agenda
normally includes:
• Actions likely to have a significant
economic impact on a substantial
number of small entities.
• Rules the Agency has identified for
periodic review under section 610 of
the Regulatory Flexibility Act. There
are four rules for 610 reviews in 2010.
E. How Is the E-Agenda Organized?
You can now choose how both the
www.reginfo.gov and
www.regulations.gov versions of the eAgenda are organized. Current choices
include: EPA subagency; stage of
rulemaking, explained below;
alphabetically by title; and by the
Regulation Identifier Number (RIN),
which is assigned sequentially when an
action is added to the agenda.
Stages of rulemaking include:
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1. Prerulemaking—Prerulemaking
actions are generally intended to
determine whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as Advance
Notices of Proposed Rulemaking
(ANPRMs studies or analyses of the
possible need for regulatory action,
announcement of reviews of existing
regulations required under section 610
of the Regulatory Flexibility Act,
requests for public comment on the
need for regulatory action, or important
preregulatory policy proposals).
2. Proposed Rule—This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule—This section includes
rules that will be issued as a final rule
within a year.
4. Long-Term Actions—This section
includes rulemakings for which the next
scheduled regulatory action is after
October 2011. We urge you to explore
becoming involved even if an action is
listed in the Long-Term category. By the
time an action is listed in the Proposed
Rules category you may have missed the
opportunity to participate in certain
public meetings or policy dialogues.
5. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the spring 2010. It also includes actions
that EPA is no longer considering. If an
action appears in the completed section,
it will not appear in future agendas
unless we decide to initiate action
again, in which case it will appear as a
new entry. EPA also announces the
results of the Regulatory Flexibility Act
section 610 reviews in this section of
the agenda.
F. What Information Is in the
Regulatory Flexibility Agenda and the
E-Agenda?
Regulatory Flexibility Agenda entries
include:
Sequence Number, RIN, Title,
Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
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notation ‘‘Section 610 Review’’ follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
‘‘economically significant’’ and ‘‘other
significant.’’
Economically Significant: Under E.O.
12866, a rulemaking action that may
have an annual effect on the economy
of $100 million or more, or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
2. Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
‘‘Economically Significant’’ or ‘‘Other
Significant.’’
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of E.O. 12866.
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Also, if we believe that a rule may be
‘‘Major’’ as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
‘‘Priority’’ heading with the statement
‘‘Major under 5 USC 801.’’
Legal Authority: The sections of the
United States Code (USC), Public Law
(PL), Executive Order (EO), or common
name of the law that authorizes the
regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is ‘‘to be determined.’’
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
RFA. Generally, such an analysis is
required for proposed or final rules
subject to the RFA that EPA believes
may have a significant economic impact
on a substantial number of small
entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
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substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
International Trade Impacts: Indicates
whether the action is likely to have
international trade or investment effects,
or otherwise be of international interest.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
Additional Information: Other
information about the action including
docket information.
URLs: For some of our actions, we
include the Internet addresses for
reading copies of rulemaking
documents, submitting comments on
proposals, and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket, which is at
www.regulations.gov. Once there,
follow the online instructions to access
the docket and submit comments. A
docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
agenda entries that have already been
proposed.)
RIN: The Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of
new rulemakings that the Agency’s
senior managers have decided that we
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should develop. We also distribute this
list via e-mail. You can see the current
list, which we call the Action Initiation
List at
https://www.epa.gov/lawsregs/search/
ail.html where you will also find
information about how to get an e-mail
notification when a new list is posted.
H. What Tools for Mining Regulatory
Agenda Data and for Finding More
About EPA Rules and Policies Are
Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The https://www.reginfo.gov/
Searchable Database
The Regulatory Information Service
Center and Office of Information and
Regulatory Affairs have revised a
Federal regulatory dashboard and
continue to allow users to view the
Regulatory Agenda database
(https://www.reginfo.gov/public/do/
eAgendaMain), which includes
powerful search, display, and data
transmission options. At that site you
can:
1. See the preamble. At the URL listed
above for the Unified Agenda and
Regulatory Plan, find ‘‘Current Agenda
Agency Preambles.’’ Environmental
Protection Agency is listed
alphabetically under ‘‘Other Executive
Agencies.’’
2. Get a complete list of EPA’s entries
in the current edition of the Agenda.
Use the drop-down menu in the ‘‘Select
Agency’’ box to find Environmental
Protection Agency and ‘‘Submit.’’
3. View the contents of all of EPA’s
entries in the current edition of the
Agenda. Choose ‘‘Search’’ from the
‘‘Unified Agenda’’ selection in the
toolbar at the top of the page. Within the
‘‘Search of Agenda/Regulatory Plan’’
screen, open ‘‘Advanced Search,’’ then
‘‘Continue.’’ Select ‘‘Environmental
Protection Agency’’ and ‘‘Continue.’’
Select ‘‘Search,’’ then ‘‘View All RIN
Data (Max 350).’’
4. Get a listing of entries with
specified characteristics. Follow the
procedure described immediately above
for viewing the contents of all entries,
but on the screen entitled ‘‘Advanced
Search - Select Additional Fields,’’
choose the characteristics you are
seeking before ‘‘Search.’’ For example, if
you wish to see a listing of all
economically significant actions that
may have a significant economic impact
on a substantial number of small
businesses, you would check
‘‘Economically Significant’’ under
‘‘Priority’’ and ‘‘Business’’ under
‘‘Regulatory Flexibility Analysis
Required.’’
5. Download the results of your
searches in XML format.
2. Subject Matter EPA Websites
Some actions listed in the Agenda
include a URL that provides additional
information.
3. Public Dockets
When EPA publishes either an
Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the
Federal Register, the Agency typically
establishes a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to a particular Agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act section 610 reviews of
rules with significant economic impacts
on a substantial number of small entities
and for various nonrulemaking
activities, such as Federal Register
documents seeking public comments on
draft guidance, policy statements,
information collection requests under
the Paperwork Reduction Act, and other
non-rule activities. Docket information
should be in that action’s agenda entry.
All of EPA’s public dockets can be
located at www.regulations.gov.
4. EPA’s Rulemaking Gateway
EPA’s Rulemaking Gateway
(www.epa.gov/rulemaking/) serves as a
portal to EPA’s priority rules, providing
you with earlier and more frequently
updated information about Agency
regulations than is provided by the
Regulatory Agenda.
The Rulemaking Gateway provides
information as soon as work begins and
provides updates on a monthly basis as
new information becomes available.
Time-sensitive information, such as
notice of a public meeting, is updated
on a daily basis. Not all of EPA’s
Regulatory Agenda entries appear on the
Rulemaking Gateway; only priority
rulemakings can be found on the
Gateway.
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities.
EPA has four rules scheduled for 610
review in 2010.
jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Rule Being Reviewed
RIN
Docket ID #
National Primary Drinking Water Regulations: Radionuclides (Section
610 Review)
Effluent Guidelines and Standards for the Centralized Waste Treatment
Industry (Section 610 Review)
Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and
Gasoline Sulfur Standards (Section 610 Review)
National Primary Drinking Water Regulations; Arsenic and Clarifications
to Compliance and New Source Contaminants Monitoring (Section
610 Review)
2040-AF19 ................................................
EPA-HQ-OW-2010-0166
2040-AF18 ................................................
EPA-HQ-OW-2010-0169
2060-AQ12 ................................................
EPA-HQ-OAR-2010-0052
2040-AF24 ................................................
EPA-HQ-OW-2010-0728
EPA has established official public
dockets for these 610 Reviews under the
docket identification (ID) numbers as
indicated above. All documents in the
dockets are listed on the
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Although listed in the index, some
information is not publicly available;
e.g., confidential business information
(CBI) or other information whose
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disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
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79849
EPA
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the applicable program (Water or Air)
docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Avenue NW.,
Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566-1744. Unless otherwise
indicated, please direct your comments
to the identified docket ID number for
the specific 610 Review item. For these
610 Reviews, please DO NOT submit
CBI or information that is otherwise
protected by statute. You may submit
comments using one of the following
methods:
1. Electronically. Go directly to
www.regulations.gov and find
‘‘Advanced Docket Search.’’ Enter the
appropriate docket ID number. The
system is an ‘‘anonymous access’’
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your comment.
If you do submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an e-mail
address or other contact information in
the body of your comment. EPA’s policy
is that EPA will not edit your comment,
and any identifying or contact
information provided in the body of a
comment will be included as part of the
comment that is placed in the official
public docket and made available in
EPA’s electronic public docket.
2. By Mail. Send your comments to:
EPA Docket Center (EPA/DC),
Environmental Protection Agency,
Docket # [insert applicable docket
number], 1200 Pennsylvania Avenue
NW., Washington, DC 20460.
3. By Hand Delivery or Courier.
Deliver your comments, identified by
the Docket # [insert applicable docket
number], to: EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue NW., Washington,
DC 20460. The EPA Docket Center
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Reading Room
is (202) 566-1744. Such deliveries are
only accepted during the docket center’s
normal hours of operation as identified
above. For more information on EPA’s
docket center, please visit
https://www.epa.gov/epahome/
dockets.htm.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments. For this
action, please DO NOT submit CBI or
information that is otherwise protected
by statute.
J. What Other Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act), the Agency must prepare
a formal analysis of the potential
negative impacts on small entities,
convene a Small Business Advocacy
Review Panel (proposed rule stage), and
prepare a Small Entity Compliance
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the
Agency’s policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA Web site
at https://www.epa.gov/sbrefa/.
For a list of the rules under
development for which a Regulatory
Flexibility Analysis will be required, go
to
https://www.regulations.gov/
fdmspublic/component/
main?main=UnifiedAgenda.
K. Thank You for Collaborating With
Us
Finally, we would like to thank those
of you who choose to join with us in
making progress on the complex issues
involved in protecting human health
and the environment. Collaborative
efforts such as EPA’s open rulemaking
process are a valuable tool for
addressing the problems we face, and
the regulatory agenda is an important
part of that process.
Dated: September 10, 2010
Louise Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
CLEAN AIR ACT—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
443
Revision of New Source Performance Standards for New Residential Wood Heaters ...............................................
2060–AP93
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CLEAN AIR ACT—Final Rule Stage
Regulation
Identifier
Number
Sequence
Number
Title
444
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Reg Plan Seq No. 149) .......................................................................................................................
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq No. 154) ....................................................................................
Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm Oil ........
445
446
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2060–AQ25
2060–AQ36
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EPA
CLEAN AIR ACT—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
447
Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Pulpwood ........
2060–AQ49
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
448
SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products .......................................................
2060–AP69
CLEAN AIR ACT—Completed Actions
Regulation
Identifier
Number
Sequence
Number
Title
449
Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards (Completion
of a Section 610 Review) ..........................................................................................................................................
Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil .......
450
2060–AQ12
2060–AQ35
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
451
Pesticides; Reconsideration of Exemptions for Insect Repellents ................................................................................
2070–AJ45
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
452
453
Pesticides; Certification of Pesticide Applicators ..........................................................................................................
Pesticides; Agricultural Worker Protection Standard Revisions ...................................................................................
2070–AJ20
2070–AJ22
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Regulation
Identifier
Number
Sequence
Number
Title
454
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (Reg
Plan Seq No. 155) ......................................................................................................................................................
2070–AJ57
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References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
455
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program
2070–AJ55
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EPA
CLEAN WATER ACT—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
456
Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review) ................
2040–AF18
CLEAN WATER ACT—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
457
Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan Seq No. 146) ............
2040–AF13
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Regulation
Identifier
Number
Sequence
Number
Title
458
National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring (Section 610 Review) .....................................................................................................................
2040–AF24
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
459
SAN No. 2281 National Primary Drinking Water Regulations: Radon .........................................................................
2040–AA94
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
460
National Primary Drinking Water Regulations: Radionuclides (Completion of a Section 610 Review) ....................
2040–AF19
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Environmental Protection Agency (EPA)
Clean Air Act
443. REVISION OF NEW SOURCE
PERFORMANCE STANDARDS FOR
NEW RESIDENTIAL WOOD HEATERS
Legal Authority: CAA sec 111
Abstract: EPA is revising the New
Source Performance Standards (NSPS)
for residential wood heaters under the
Clean Air Act section 111(b)(1)(B). This
action is necessary because it updates
the 1988 NSPS to reflect significant
advancements in wood heater
technologies and design, broaden the
range of residential wood heating
appliances covered by the regulation,
and improve and streamline
implementation procedures. This rule
is expected to require manufacturers to
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redesign wood heaters to be cleaner
and lower emitting. In general, the
design changes will also make the
heaters perform better and be more
efficient. The revisions are also
expected to retain the requirement for
manufacturers to contract for testing of
model lines by third-party independent
laboratories, report the results to EPA,
and label the models accordingly. This
action does not apply to existing
residential woodstoves, pellet stoves
and other residential biomass heating
units.
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Timetable:
Action
Date
NPRM
Final Action
FR Cite
06/00/11
07/00/12
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Gil Wood,
Environmental Protection Agency, Air
and Radiation, C404–05, Research
Triangle Park, NC 27711
Phone: 919 541–5272
Fax: 919 541–0242
Email: wood.gil@epa.gov
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EPA—Clean Air Act
Proposed Rule Stage
David Cole, Environmental Protection
Agency, Air and Radiation, C404–05,
Research Triangle Park, NC 27711
Phone: 919 541–5565
Fax: 919 541–0242
Email: cole.david@epa.gov
RIN: 2060–AP93
Environmental Protection Agency (EPA)
Clean Air Act
444. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR AREA SOURCES:
INDUSTRIAL, COMMERCIAL, AND
INSTITUTIONAL BOILERS
Regulatory Plan: This entry is Seq. No.
149 in part II of this issue of the
Federal Register.
RIN: 2060–AM44
445. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR MAJOR
SOURCES: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Regulatory Plan: This entry is Seq. No.
154 in part II of this issue of the
Federal Register.
RIN: 2060–AQ25
446. ∑ SUPPLEMENTAL
DETERMINATIONS FOR RENEWABLE
FUELS PRODUCED UNDER THE
FINAL RFS2 PROGRAM FROM PALM
OIL
Legal Authority: Clean Air Act sec
211(o)
Abstract: As indicated in the final rule
for the Renewable Fuels Standard
Program, while the Agency issued
lifecycle greenhouse gas (GHG)
threshold determinations for the major
fuel pathways projected to meet the
bulk of the RFS volume mandates,
assessments of other new fuel pathways
such biofuels produced from palm oil,
could not be completed in time for the
final rule. In the process of assessing
Final Rule Stage
these fuels, the Agency is issuing
determinations through several
supplemental notices to the final
rule.For this supplemental notice, EPA
plans to publish a final determination
for ethanol produced and biomassbased diesel produced from palm oil.
The Agency will issue a Direct Final
Notice of Supplemental Determination
in early November.
Timetable:
Action
Date
Direct Final Action
FR Cite
02/00/11
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington,
DC 20460
Phone: 202 564–1123
Fax: 202 564–1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214–4507
Fax: 734 14–4018
Email: korotney.david@epamail.epa.gov
RIN: 2060–AQ36
447. ∑ SUPPLEMENTAL
DETERMINATION FOR RENEWABLE
FUELS PRODUCED UNDER THE
FINAL RFS2 PROGRAM FROM
PULPWOOD
Legal Authority: Clean Air Act Section
211(o)
Abstract: As indicated in the final rule
for the Renewable Fuels Standard
Program, while the Agency issued
lifecycle greenhouse gas (GHG)
threshold determinations for the major
fuel pathways projected to meet the
bulk of the RFS volume mandates,
assessments of other new fuel pathways
such as renewable fuels from pulpwood
could not be completed in time for the
final rule. In the process of assessing
these fuels, the Agency is issuing
determinations through several
supplemental notices to the final rule.
For this supplemental notice, EPA
plans to publish a final determination
for cellulosic biofuels produced from
pulpwood. The Agency will issue a
Direct Final Notice of Supplemental
Determination in February.
Timetable:
Action
Date
Direct Final Action
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington,
DC 20460
Phone: 202 564–1123
Fax: 202 564–1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214–4507
Fax: 734 14–4018
Email: korotney.david@epamail.epa.gov
RIN: 2060–AQ49
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Environmental Protection Agency (EPA)
Clean Air Act
448. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS AND
CLAY PRODUCTS
Legal Authority: Not Yet Determined
Abstract: This rulemaking will
establish emission limits for hazardous
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air pollutants (HF, HCl and metals)
emitted from brick and clay ceramics
kilns and glazing operations at clay
ceramics production facilities. The
brick and structural clay products
industry primarily includes facilities
that manufacture brick, clay, pipe, roof
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tile, extruded floor and wall tile, and
other extruded dimensional clay
products from clay, shale, or a
combination of the two. The
manufacturing of brick and structural
clay products involves mining, raw
material processing (crushing, grinding,
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EPA—Clean Air Act
Long-Term Actions
and screening), mixing, forming, cutting
or shaping, drying, and firing. Ceramics
are defined as a class of inorganic,
nonmetallic solids that are subject to
high temperature in manufacture
and/or use. The clay ceramics
manufacturing source category includes
facilities that manufacture traditional
ceramics, which include ceramic tile,
dinnerware, sanitaryware, pottery, and
porcelain. The primary raw material
used in the manufacture of these
traditional ceramics is clay. The
manufacturing of clay ceramics
involves raw material processing
(crushing, grinding, and screening),
mixing, forming, shaping, drying,
glazing, and firing.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, D243–02, Research
Triangle Park, NC 27711
Phone: 919 541–5427
Fax: 919 541–5600
Email: telander.jeff@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 919 541–2837
Fax: 919 541–4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060–AP69
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Environmental Protection Agency (EPA)
Clean Air Act
449. TIER II LIGHT–DUTY VEHICLE
AND LIGHT–DUTY TRUCK EMISSION
STANDARDS AND GASOLINE
SULFUR STANDARDS (COMPLETION
OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On February 10, 2000 (65 FR
6698), EPA promulgated a regulation to
require emission standards for lightduty vehicles and light-duty trucks
through lowering tailpipe emission
standards. Specifically, EPA sought to
reduce emissions of nitrogen oxides
and non-methane hydrocarbons,
pollutants which contribute to ozone
pollution. The rulemaking also
provided limitations on the sulfur
content of gasoline available
nationwide. Sulfur in gasoline has a
detrimental impact on catalyst
performance and could be a limiting
factor in the introduction of advanced
technologies on motor vehicles.
Pursuant to section 610 of the
Regulatory Flexibility Act, on February
19, 2010, EPA initiated a review of this
rule to determine if it should be
continued without change, or should be
rescinded or amended to minimize
adverse economic impacts on small
entities (75 FR 7426). EPA has solicited
comments on, the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. No relevant comments were
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received, and EPA has concluded that
the rule needs no revisions at this time
to minimize impacts on small entities.
See EPA’s report summarizing the
results of this review in the docket
EPA-HQ-OAR-2010-0052. This docket
can be accessed at
www.regulations.gov.
Timetable:
Action
Date
Final Action
Begin Review
End Comment Period
End Review
FR Cite
02/10/00 65 FR 6698
02/19/10 75 FR 7426
03/22/10
06/11/10
Regulatory Flexibility Analysis
Required: No
Agency Contact: Tad Wysor,
Environmental Protection Agency, Air
and Radiation, USEPA, Ann Arbor, MI
48105
Phone: 734 214–4332
Fax: 734 214–4816
Email: wysor.tad@epamail.epa.gov
Tom Eagles, Environmental Protection
Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202 564–1952
Fax: 202 564–1554
Email: eagles.tom@epamail.epa.gov
RIN: 2060–AQ12
450. ∑ SUPPLEMENTAL
DETERMINATION FOR RENEWABLE
FUELS PRODUCED UNDER THE
FINAL RFS2 PROGRAM FROM
CANOLA OIL
Legal Authority: Clean Air Act sec
211(o)
Abstract: As indicated in the final rule
for the Renewable Fuels Standard
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Program, while the Agency issued
lifecycle greenhouse gas (GHG)
threshold determinations for the major
fuel pathways projected to meet the
bulk of the RFS volume mandates,
assessments of other new fuel pathways
such as biodiesel from canola could not
be completed in time for the final rule.
In the process of assessing these fuels,
the Agency is issuing determinations
through several supplemental notices to
the final rule.
For this supplemental notice, EPA
plans to publish a final determination
for biomass-based diesel produced from
canola oil. The Agency will issue a
Direct Final Notice of Supplemental
Determination in mid-September.
Timetable:
Action
Date
Direct Final Action
Final Action Effective
FR Cite
09/28/10 75 FR 59622
09/28/10
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington,
DC 20460
Phone: 202 564–1123
Fax: 202 564–1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214–4507
Fax: 734 14–4018
Email: korotney.david@epamail.epa.gov
RIN: 2060–AQ35
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Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
451. PESTICIDES; RECONSIDERATION
OF EXEMPTIONS FOR INSECT
REPELLENTS
control pests of significant public
health importance.
Timetable:
Phone: 703 305–6304
Fax: 703 305–5884
Email: boyle.kathryn@epa.gov
Legal Authority: 7 USC 136a; 7 USC
136w
Action
Date
Abstract: EPA is developing
rulemaking to modify the minimum
risk pesticides exemption under 40 CFR
152.25(f) to exclude personally applied
insect repellents from the exemption
and require an abbreviated data set for
such products. EPA is taking this action
because these pesticides claim to
NPRM
09/00/11
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7506P, Washington, DC
20460
Niva Kramek, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 7506P,
Washington, DC 20460
Phone: 703 605–1193
Fax: 703 305–5884
Email: kramek.niva@epa.gov
FR Cite
RIN: 2070–AJ45
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
452. PESTICIDES; CERTIFICATION OF
PESTICIDE APPLICATORS
Legal Authority: 7 USC 136; 7 USC
136i; 7 USC 136w
Abstract: EPA is proposing change the
federal regulations under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA) that guide the certified
pesticide applicator program (40 CFR
171). Change is sought to strengthen the
regulations to better protect pesticide
applicators and the public and the
environment from harm due to
pesticide exposure. The possible need
for change arose from EPA discussions
with key stakeholders. EPA has been
in extensive discussions with
stakeholders since 1997 when the
Certification and Training Assessment
Group (CTAG) was established. CTAG
is a forum used by regulatory and
academic stakeholders to discuss the
current state of, and the need for
improvements in, the national certified
pesticide applicator program.
Throughout these extensive interactions
with stakeholders, EPA has learned of
the potential need for changes to the
regulation.
Timetable:
Action
Date
NPRM
FR Cite
01/00/12
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Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Kathy Davis,
Environmental Protection Agency,
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Office of Chemical Safety and Pollution
Prevention, 7506P, Washington, DC
20460
Phone: 703 308–7002
Fax: 703 308–2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 7506P,
Washington, DC 20460
Phone: 703 305–6448
Fax: 703 308–2962
Email: pont.richard@epa.gov
RIN: 2070–AJ20
improvements to pesticide safety
training, with improved worker safety
the intended outcome. The potential
need for change arose from EPA
discussions with key stakeholders
beginning in 1996 and continuing
through 2004. EPA held nine public
meetings throughout the country during
which the public submitted written and
verbal comments on issues of their
concern. In 2000 through 2004, EPA
held meetings where invited
stakeholders identified their issues and
concerns with the regulations.
Timetable:
Action
453. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Legal Authority: 7 USC 136; 7 USC
136w
Abstract: EPA is developing a proposal
under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA)
to revise the federal regulations guiding
agricultural worker protection (40 CFR
170). The changes under consideration
are intended to improve agricultural
workers’ ability to protect themselves
from potential exposure to pesticides
and pesticide residues. In addition,
EPA is proposing to make adjustments
to improve and clarify current
requirements and facilitate
enforcement. Other changes sought are
to establish a right-to-know Hazard
Communication program and make
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Date
NPRM
FR Cite
01/00/12
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7506P, Washington, DC
20460
Phone: 703 308–7002
Fax: 703 308–2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Chemical Safety and
Pollution Prevention, 7506P,
Washington, DC 20460
Phone: 703 305–6448
Fax: 703 308–2962
Email: pont.richard@epa.gov
RIN: 2070–AJ22
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Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
454. LEAD; CLEARANCE AND
CLEARANCE TESTING
REQUIREMENTS FOR THE
RENOVATION, REPAIR, AND
PAINTING PROGRAM
Regulatory Plan: This entry is Seq. No.
155 in part II of this issue of the
Federal Register.
RIN: 2070–AJ57
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
455. LEAD; AMENDMENT TO THE
OPT–OUT AND RECORDKEEPING
PROVISIONS IN THE RENOVATION,
REPAIR, AND PAINTING PROGRAM
Legal Authority: 15 USC 2601(c); 15
USC 2682(c)(3); 15 USC 2684; 15 USC
2686; 15 USC 2687
Abstract: As part of a lawsuit
settlement, EPA agreed to make several
revisions to the 2008 Lead Renovation,
Repair, and Painting Program (RRP)
rule that established accreditation,
training, certification, and
recordkeeping requirements as well as
work practice standards on persons
performing renovations for
compensation in most pre-1978 housing
and child-occupied facilities. In
October of 2009, EPA proposed
amendments to the opt-out provision
that currently exempts a renovator from
the training and work practice
requirements of the rule when he or
she obtains a certification from the
Completed Actions
owner of a residence he or she occupies
that no child under age 6 or pregnant
women resides in the home and the
home is not a child-occupied facility.
EPA also proposed revisions that
involve renovation firms providing the
owner with a copy of the records they
are currently required to maintain to
demonstrate compliance with the
training and work practice
requirements of the RRP rule and, if
different, providing the information to
the occupant of the building being
renovated or the operator of the childoccupied facility. In addition to the
proposed amendments, EPA considered
various minor amendments to the
regulations concerning training
provider accreditations, renovator
certifications and State and Tribal
program requirements. In May, 2010,
EPA published a final rule eliminating
the opt-out provision and finalizing the
other provisions.
Timetable:
Action
Date
NPRM
Final Action
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7404T, Washington, DC
20460
Phone: 202 566–0758
Email: edmonds.marc@epa.gov
Michelle Price, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T,
Washington, DC 20460
Phone: 202 566–0744
Email: price.michelle@epa.gov
RIN: 2070–AJ55
Prerule Stage
Legal Authority: 5 USC 610
which provides easy-to-read
descriptions of the regulations and
other helpful information on how to
comply such as a question and answer
section.
Abstract: In December 2000, EPA
promulgated effluent limitations for the
Centralized Waste Treatment (CWT)
Point Source Category at 40 CFR 437
(65 FR 81241, December 22, 2000). A
CWT facility treats or recovers
hazardous or non-hazardous industrial
waste, wastewater, or used material
from off-site. The regulation established
wastewater discharge standards for
three major types of wastes: metalbearing, oily, and organic. EPA issued
a Small Entity Compliance Guide,
Pursuant to section 610 of the
Regulatory Flexibility Act, on April 26,
2010, EPA initiated a review of the rule
to determine if it should be continued
without change, or should be rescinded
or amended to minimize adverse
economic impacts on small entities (75
FR 21882). As part of this review, EPA
is considering, and has solicited
comments on, the following factors: (1)
the continued need for the rule; (2) the
nature of complaints or comments
received concerning the rule; (3) the
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05/06/10 75 FR 24802
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Required: Yes
Environmental Protection Agency (EPA)
Clean Water Act
456. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
(SECTION 610 REVIEW)
FR Cite
Fmt 1254
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complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. The comment period closed July
31, 2010. The Docket ID number is
EPA-HQ-OW-2010-0169. EPA will
summarize the results of this review in
a report and place that report in the
rulemaking docket referenced above.
You can access that docket at
www.regulations.gov.
EPA continues to view the effluent
limitations for the CWT category as a
necessary component of the
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EPA—Clean Water Act
Prerule Stage
comprehensive program to restore and
maintain the quality of our Nation’s
waters. EPA intends to continue to
require compliance with the regulation.
Until and unless the Agency modifies
the rule, the discharges described in 40
CFR 437.1 remain subject to the final
rules.
Timetable:
Action
Date
Final Action
Begin Review
End Comment Period
End Review
FR Cite
12/22/00 65 FR 81241
04/26/10 75 FR 21882
07/31/10 75 FR 21882
12/00/10
Regulatory Flexibility Analysis
Required: No
Agency Contact: Erik Helm,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566–1049
Email: helm.erik@epamail.epa.gov
RIN: 2040–AF18
Environmental Protection Agency (EPA)
Clean Water Act
Proposed Rule Stage
457. STORMWATER REGULATIONS
REVISION TO ADDRESS
DISCHARGES FROM DEVELOPED
SITES
Regulatory Plan: This entry is Seq. No.
146 in part II of this issue of the
Federal Register.
RIN: 2040–AF13
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
458. ∑ NATIONAL PRIMARY DRINKING
WATER REGULATIONS; ARSENIC
AND CLARIFICATIONS TO
COMPLIANCE AND NEW SOURCE
CONTAMINANTS MONITORING
(SECTION 610 REVIEW)
Legal Authority: 5 USC 610
jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Abstract: On January 22, 2001, EPA
revised the Maximum Contaminant
Level (MCL) for arsenic to 0.010 mg/L
(10.0 μg/L). This regulation applies to
non-transient non-community water
systems and to community water
systems (66 FR 6976). While EPA has
taken steps to evaluate and mitigate
impacts on small entities as part of the
promulgation of the Arsenic Rule, this
new entry in the regulatory agenda
announces that EPA will review the
National Primary Drinking Water Rule
(NPDWR) for arsenic pursuant to
section 610 of the Regulatory Flexibility
Act (5 U.S.C. 610). As part of this
Prerule Stage
review, EPA will consider and solicit
comments on the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which the technology,
economic conditions or other factors
have changed in the area affected by
the rule. Comments must be received
within 60 days of this notice. In
submitting comments, please reference
Docket ID EPA-HQ-OW-2010-0728 and
follow the instructions provided in the
preamble to this issue of the Regulatory
Agenda. This docket can be accessed
at www.regulations.gov.
Timetable:
Action
Date
Final Rule
FR Cite
01/22/01 66 FR 6976
Action
Date
Initiate 610 Review
12/00/10
End Comment Period 01/00/11
Completion of 610
10/00/11
Review
Regulatory Flexibility Analysis
Required: No
Agency Contact: Stephanie Flaharty,
Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564–5072
Email:
flaharty.stephanie@epamail.epa.gov
Wynne Miller, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564–4887
Fax: 202 564–3760
Email: miller.wynne@epamail.epa.gov
RIN: 2040–AF24
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
459. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Legal Authority: 42 USC 300f, et seq
Abstract: In 1999, EPA proposed
regulations for radon which provide
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flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
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either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
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EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Timetable:
Action
Action
Agency Contact: Rebecca Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
ANPRM
NPRM original
Date
Date
Notice99
NPRM
Final Action
FR Cite
02/26/99 64 FR 9560
11/02/99 64 FR 59246
To Be Determined
Regulatory Flexibility Analysis
Required: Yes
FR Cite
09/30/86 51 FR 34836
07/18/91 56 FR 33050
Phone: 202 564–4689
Fax: 202 564–3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564–5250
Email: burneson.eric@epa.gov
RIN: 2040–AA94
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
460. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
RADIONUCLIDES (COMPLETION OF A
SECTION 610 REVIEW)
Legal Authority: 5 USC 610
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Abstract: On December 7, 2000 (65 FR
76708), EPA promulgated final revised
and/or new national primary drinking
water regulations (NPDWRs) for
nonradon radionuclides as authorized
by the Safe Drinking Water Act
(SDWA). In this action, referred to as
the Radionuclides Rule, EPA
promulgated maximum contaminant
level goals (MCLGs), maximum
contaminant levels (MCLs), monitoring,
reporting, and public notification
requirements for gross alpha particle
activity, combined radium-226 and 228,
beta particle and photon activity and
uranium. The Radionuclides Rule
became effective on December 8, 2003.
Pursuant to section 610 of the
Regulatory Flexibility Act, EPA has
reviewed this rule to determine if it
should be continued without change, or
should be rescinded or amended to
minimize adverse economic impacts on
small entities. This review was
announced in the Regulatory Agenda
on April 26, 2010 (75 FR 21883). As
part of this review, EPA considered,
and solicited comments on, the
following factors: (1) The continued
need for the rule; (2) the nature of
complaints or comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with other Federal, State, or local
government rules; and (5) the degree
to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule.
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EPA received five comment letters. The
results of EPA’s review have been
summarized in a report and placed in
the rulemaking docket (docket number
EPA-HQ-OW-2010- 0166 at
www.regulations.gov). These results are
briefly summarized here.
There was consensus among the
commenters about the continued need
for the Radionuclides Rule, because it
serves as an important tool to protect
the health of people who get their
drinking water from public systems
using sources of water with high levels
of radionuclides.
While none of the commenters
expressed a need to rescind the rule,
most of the comments were aimed at
suggesting that the Agency make
clarifications in certain areas of the rule
to aid small entities in its rule
compliance.
After reviewing all the comments
regarding this Section 610 review the
Agency has concluded that revisions or
amendments to the Radionuclides rule
are not warranted at this time.
However, EPA is evaluating the need
to provide additional guidance and
clarification on those issues raised by
the commenters to assist in the rule
implementation.
The Agency bases its decision to not
revise or amend the rule at this time
on the analysis conducted during the
promulgation of the rule which were
aimed at reducing economic burden on
small entities. Among the measures that
the Agency took to minimize impacts
on small entities are: (1) The selection
of a less stringent MCL for uranium,
(2) a reduction in the overall
monitoring frequencies for systems
with radionuclides levels less than the
MCL, (3) allowance of grandfathered
data and State monitoring discretion for
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determining the initial monitoring
baseline, and (4) the exclusion of
nontransient, non-community water
systems from the radionuclides
regulations.
EPA will continue to evaluate the
effectiveness of the Radionuclides rule
and the potential to decrease the rule’s
implementation burden within the
framework provided by the SDWA and
other agency initiatives.
EPA continues to view the NPDWRs for
radionuclides as important to ensure
and protect the health of consumers
served by public drinking water
systems and intends to continue to
require compliance with these
NPDWRs.
Timetable:
Action
Date
Final Action
Begin Review
End Comment Period
End Review
FR Cite
12/07/00 65 FR 76708
04/26/10 75 FR 21883
07/26/10
09/10/10
Regulatory Flexibility Analysis
Required: No
Agency Contact: Stephanie Flaharty,
Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564–5072
Email:
flaharty.stephanie@epamail.epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 4601M, Washington, DC
20460
Phone: 202 564–5257
Fax: 202 564–3753
Email: bone.tracy@epamail.epa.gov
RIN: 2040–AF19
[FR Doc. 2010–30459 Filed 12–17–10; 8:45
am]
BILLING CODE 6560–50–S
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[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Unknown Section]
[Pages 79843-79857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30459]
[[Page 79843]]
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Part XV
Environmental Protection Agency
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###Semiannual Regulatory Agenda###
[[Page 79844]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[ 9134-3 ]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0166
EPA-HQ-OAR-2010-0052
EPA-HQ-OW-2010-0728
Fall 2010 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
_______________________________________________________________________
SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at www.reginfo.gov
to update the public about:
Regulations and major policies currently under development,
Reviews of existing regulations and major policies, and
Rules and major policymakings completed or canceled since the
last agenda.
Definitions:
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection
of information that until 2007 was published in the Federal
Register but which now is only available through an online
database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. It continues to
be published in the Federal Register because that is what is
required by the 1980 Regulatory Flexibility Act.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for
development.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center.
``Regulatory Agenda preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility
Agenda and introduces both the Regulatory Flexibility Agenda and
the e-Agenda.
``Rulemaking Gateway'' refers to a new online portal to EPA's
priority rules with earlier and more frequently updated information
about Agency regulations. More information about the Rulemaking
Gateway appears in section H of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Phil Schwartz
(schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855).
TO BE PLACED ON A MAILING LIST FOR UPDATED INFORMATION ON RULES UNDER
DEVELOPMENT: If you would like to receive an e-mail with a link to new
semiannual regulatory agendas as soon as they are published, please
send an e-mail message with your name and address to: nscep@bps-
lmit.com and put ``E-Regulatory Agenda: Electronic Copy'' in the
subject line.
If you would like to regularly receive information about the
rules newly approved for development, sign up for our monthly
Action Initiation List by going to https://www.epa.gov/lawsregs/
search/ail.htmlnotification and completing the steps
listed there.
You can track progress on various aspects of EPA's priority
rulemakings by signing up for RSS feeds from the Rulemaking Gateway
at https://yosemite.epa.gov/opei/RuleGate.nsf/content/
getalerts.html?opendocument.
If you would like to receive a hard copy of the semiannual
agenda about 2 to 3 months after publication, call 800-490-9198 or
send an e-mail with your name and complete address to: nscep@bps-
lmit.com and put ``Regulatory Agenda Hard Copy'' in the subject
line. We are ending distribution of hard copies of the Agenda after
the Fall 2010 edition. You will still, however, be able to download
and print a Federal Register style version of the EPA's Agenda at
www.epa.gov/lawsregs/search/regagenda.html.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda Information
B. What Are EPA's Regulatory Goals and What Key Principles, Statutes,
and Executive Orders Guide Our Rule and Policymaking Process?
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
D. What Actions Are Included in the Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
G. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Type Information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Type of Information Online Locations Location
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda www.reginfo.gov/, www.regulations.gov, and https:// Not in FR
www.epa.gov/lawsregs/ search/regagenda.html
[[Page 79845]]
FY 2011 Regulatory Plan Go to: Regulations.gov and put ``EPA-HQ-OA-2010-0915-0002'' Part II of today's issue
in the key word box
Semiannual Regulatory Flexibility Agenda www.reginfo.gov/, www.regulations.gov, and https:// Part XII of today's
www.epa.gov/lawsregs/ search/regagenda.html issue
Monthly Action Initiation List https://www.regulations.gov/ fdmspublic/component/ Not in FR
main?main=DocketDetail& d=EPA-HQ-OA-2008-0265 and https://
www.epa.gov/lawsregs/ search/ail.html
Rulemaking Gateway www.epa.gov/rulemaking/ Not in FR
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. What Are EPA's Regulatory Priorities, and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
Priorities
To guide the Agency's efforts in 2011 and subsequent years,
Administrator Lisa P. Jackson has established the following seven
guiding principles. For a more extensive discussion of these
principles please see our FY 2011 Regulatory Plan.
1. Taking Action on Climate Change: In 2009 EPA finalized an
endangerment finding on greenhouse gases; issued the first national
rules to reduce greenhouse-gas emissions under the Clean Air Act;
and initiated a national reporting system for greenhouse gas
emissions. In 2010, EPA and NHTSA announced a joint final rule
establishing a historic national program that will dramatically
reduce greenhouse gas emissions and improve fuel economy for new
cars and trucks sold in the United States. The mobile sources
addressed in that regulatory action -- light-duty vehicles and
heavy-duty vehicles --accounted for 23 percent of all U.S.
greenhouse gas emissions in 2007. While EPA stands ready to help
Congress craft strong, science-based climate legislation that
addresses the spectrum of issues, the Agency will deploy existing
regulatory tools as they are available and warranted.
2. Improving Air Quality: Since passage of the Clean Air Act
Amendments in 1990, nationwide air quality has improved
significantly for the six criteria air pollutants for which there
are national ambient air quality standards. Despite this progress,
about 127 million Americans lived in counties with air considered
unhealthy in 2008. Long-term exposure to air pollution can cause
cancer and damage to the immune, neurological, reproductive,
cardiovascular, and respiratory systems. Because people spend much
of their lives indoors, the quality of indoor air is also a major
concern.
3. Assuring the Safety of Chemicals: One of EPA's highest
priorities is to make significant and long overdue progress in
assuring the safety of chemicals. On September 29, 2009,
Administrator Jackson announced clear principles to guide Congress
in writing a new chemical risk management law that will fix the
weaknesses in Toxic Substances Control Act (TSCA). EPA is shifting
its focus to addressing high-concern chemicals and filling data
gaps on widely-produced chemicals in commerce.
4. Cleaning Up Our Communities: In 2009, EPA accelerated its
Superfund program and confronted significant local environmental
challenges like the asbestos Public Health Emergency in Libby,
Montana and the coal ash spill in Kingston, Tennessee.
5. Protecting America's Waters: America's water bodies are
imperiled as never before. Water quality and enforcement programs
face complex challenges, from nutrient loadings and storm water
runoff to invasive species and drinking water contaminants. These
challenges demand both traditional and innovative strategies.
6. Expanding the Conversation on Environmentalism and Working
for Environmental Justice: Environmentalism has been described as a
conversation that we all must have because it is about protecting
people in the places they live, work, and raise families. The
Agency is now focusing on expanding the conversation to include new
stakeholders and involve communities in more direct ways.
7. Building Strong State and Tribal Partnerships: EPA's success
depends more than ever on working with increasingly capable and
environmentally conscious partners. The Agency works with the
States and Tribes, business and industry, nonprofit organizations,
environmental groups, and educational institutions in a wide
variety of collaborative efforts. States and tribal nations bear
important responsibilities for the day-to-day mission of
environmental protection.
Other Key Principles, Statutes, and Executive Orders Guiding Our Rule
and Policymaking Process
EPA's strength has always been our ability to adapt to the
constantly changing face of environmental protection as our economy
and society evolve, and science teaches us more about how humans
interact with and affect the natural world. Now, more than ever,
EPA must be innovative and forward looking because the
environmental challenges faced by Americans all across our country
are unprecedented.
Besides the fundamental environmental laws authorizing EPA
actions such as the Clean Air Act and Clean Water Act, there are
legal requirements that apply to the issuance of regulations that
are generally contained in the Administrative Procedure Act, the
Regulatory Flexibility Act as amended by the Small Business
Regulatory Enforcement Fairness Act, the Unfunded Mandates Reform
Act, the Paperwork Reduction Act, the National Technology Transfer
and Advancement Act, and the
[[Page 79846]]
Congressional Review Act. We also must meet a number of
requirements contained in Executive Orders 12866 (Regulatory
Planning and Review; 58 FR 51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629; February 16, 1994), 13045
(Children's Health Protection; 62 FR 19885; April 23, 1997), 13132
(Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation and
Coordination with Indian Tribal Governments; 65 FR 67249; November
9, 2000), 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22,
2001).
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
You can make your voice heard by getting in touch with the
contact person provided in each agenda entry. We urge you to
participate as early in the process as possible. You may also
participate by commenting on proposed rules that we publish in the
Federal Register (FR).
Instructions on how to submit your comments are provided in
each of our Notices of Proposed Rulemaking (NPRMs). To be most
effective, comments should contain information and data that
support your position, and you also should explain why we should
incorporate your suggestion in the rule or nonregulatory action.
You can be particularly helpful and persuasive if you provide
examples to illustrate your concerns and offer specific
alternatives.
We believe our actions will be more cost-effective and
protective if our development process includes stakeholders working
with us to identify the most practical and effective solutions to
problems, and we stress this point most strongly in all of our
training programs for rule and policy developers. Democracy gives
real power to individual citizens, but with that power comes
responsibility. We urge you to become involved in EPA's rule and
policymaking process. For more information about public involvement
in EPA activities, please visit www.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations and certain major policy documents in
the e-Agenda. However, there is no legal significance to the
omission of an item from the agenda, and we generally do not
include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions
from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide Act:
Registration-related decisions, actions affecting the status of
currently registered pesticides, and data call-ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under the Resource Conservation and Recovery Act:
Authorization of State solid waste management plans; hazardous waste
delisting petitions;
Under the Clean Water Act: State Water Quality Standards;
deletions from the section 307(a) list of toxic pollutants; suspensions
of toxic testing requirements under the National Pollutant Discharge
Elimination System (NPDES); delegations of NPDES authority to States;
Under the Safe Drinking Water Act: Actions on State
underground injection control programs.
The Regulatory Flexibility Agenda normally includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act. There are four rules for
610 reviews in 2010.
E. How Is the E-Agenda Organized?
You can now choose how both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda are organized. Current
choices include: EPA subagency; stage of rulemaking, explained
below; alphabetically by title; and by the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is
added to the agenda.
Stages of rulemaking include:
1. Prerulemaking--Prerulemaking actions are generally intended
to determine whether EPA should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking, such
as Advance Notices of Proposed Rulemaking (ANPRMs studies or
analyses of the possible need for regulatory action, announcement
of reviews of existing regulations required under section 610 of
the Regulatory Flexibility Act, requests for public comment on the
need for regulatory action, or important preregulatory policy
proposals).
2. Proposed Rule--This section includes EPA rulemaking actions
that are within a year of proposal (publication of Notices of
Proposed Rulemakings (NPRMs)).
3. Final Rule--This section includes rules that will be issued
as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for
which the next scheduled regulatory action is after October 2011.
We urge you to explore becoming involved even if an action is
listed in the Long-Term category. By the time an action is listed
in the Proposed Rules category you may have missed the opportunity
to participate in certain public meetings or policy dialogues.
5. Completed Actions--This section contains actions that have
been promulgated and published in the Federal Register since
publication of the spring 2010. It also includes actions that EPA
is no longer considering. If an action appears in the completed
section, it will not appear in future agendas unless we decide to
initiate action again, in which case it will appear as a new entry.
EPA also announces the results of the Regulatory Flexibility Act
section 610 reviews in this section of the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
Regulatory Flexibility Agenda entries include:
Sequence Number, RIN, Title, Description, Statutory Authority,
Section 610 Review, if applicable, Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The
[[Page 79847]]
notation ``Section 610 Review'' follows the title if we are
reviewing the rule as part of our periodic review of existing rules
under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C.
610).
Priority: Entries are placed into one of five categories
described below. OMB reviews all significant rules including both
of the first two categories, ``economically significant'' and
``other significant.''
Economically Significant: Under E.O. 12866, a rulemaking action
that may have an annual effect on the economy of $100 million or
more, or adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations
of recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in
Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of
Federal Regulations (e.g., certain State Implementation Plans,
National Priority List updates, Significant New Use Rules, State
Hazardous Waste Management Program actions, and Tolerance
Exemptions). If an action that would normally be classified Routine
and Frequent is reviewed by the Office of Management and Budget
under E.O. 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O.
12866.
Also, if we believe that a rule may be ``Major'' as defined in
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is
likely to result in an annual effect on the economy of $100 million
or more or meets other criteria specified in this law, we indicate
this under the ``Priority'' heading with the statement ``Major
under 5 USC 801.''
Legal Authority: The sections of the United States Code (USC),
Public Law (PL), Executive Order (EO), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations
that would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to
a statutory or judicial deadline, the date of that deadline, and
whether the deadline pertains to a Notice of Proposed Rulemaking, a
Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates (and citations) that documents for this
action were published in the Federal Register and, where possible,
a projected date for the next step. Projected publication dates
frequently change during the course of developing an action. The
projections in the agenda are our best estimates as of the date we
submit the agenda for publication. For some entries, the timetable
indicates that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA
has prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA.
Generally, such an analysis is required for proposed or final rules
subject to the RFA that EPA believes may have a significant
economic impact on a substantial number of small entities.
Small Entities Affected: Indicates whether we expect the rule
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether we expect the
rule to have any effect on levels of government and, if so, whether
the governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is
expected to have substantial direct effects on the States, on the
relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the Unfunded Mandates Reform
Act generally requires an assessment of anticipated costs and
benefits if a rule includes a mandate that may result in
expenditures of more than $100 million in any one year by State,
local, and tribal governments, in the aggregate, or by the private
sector. If we expect to exceed this $100 million threshold, we note
it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under E.O. 13211.
International Trade Impacts: Indicates whether the action is
likely to have international trade or investment effects, or
otherwise be of international interest.
Agency Contact: The name, address, phone number, and e-mail
address, if available, of a person who is knowledgeable about the
regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some of our actions, we include the Internet
addresses for reading copies of rulemaking documents, submitting
comments on proposals, and getting more information about the
rulemaking and the program of which it is a part. (Note: To submit
comments on proposals, you can go to our electronic docket, which
is at www.regulations.gov. Once there, follow the online
instructions to access the docket and submit comments. A docket
identification (ID) number will assist in the search for materials.
We include this number in the additional information section of
many of the agenda entries that have already been proposed.)
RIN: The Regulation Identifier Number is used by OMB to
identify and track rulemakings. The first four digits of the RIN
stand for the EPA office with lead responsibility for developing
the action.
G. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of new rulemakings that the
Agency's senior managers have decided that we
[[Page 79848]]
should develop. We also distribute this list via e-mail. You can
see the current list, which we call the Action Initiation List at
https://www.epa.gov/lawsregs/search/ail.html where you will also
find information about how to get an e-mail notification when a new
list is posted.
H. What Tools for Mining Regulatory Agenda Data and for Finding More
About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The https://www.reginfo.gov/ Searchable Database
The Regulatory Information Service Center and Office of
Information and Regulatory Affairs have revised a Federal
regulatory dashboard and continue to allow users to view the
Regulatory Agenda database (https://www.reginfo.gov/public/do/
eAgendaMain), which includes powerful search, display, and data
transmission options. At that site you can:
1. See the preamble. At the URL listed above for the Unified
Agenda and Regulatory Plan, find ``Current Agenda Agency
Preambles.'' Environmental Protection Agency is listed
alphabetically under ``Other Executive Agencies.''
2. Get a complete list of EPA's entries in the current edition
of the Agenda. Use the drop-down menu in the ``Select Agency'' box
to find Environmental Protection Agency and ``Submit.''
3. View the contents of all of EPA's entries in the current
edition of the Agenda. Choose ``Search'' from the ``Unified
Agenda'' selection in the toolbar at the top of the page. Within
the ``Search of Agenda/Regulatory Plan'' screen, open ``Advanced
Search,'' then ``Continue.'' Select ``Environmental Protection
Agency'' and ``Continue.'' Select ``Search,'' then ``View All RIN
Data (Max 350).''
4. Get a listing of entries with specified characteristics.
Follow the procedure described immediately above for viewing the
contents of all entries, but on the screen entitled ``Advanced
Search - Select Additional Fields,'' choose the characteristics you
are seeking before ``Search.'' For example, if you wish to see a
listing of all economically significant actions that may have a
significant economic impact on a substantial number of small
businesses, you would check ``Economically Significant'' under
``Priority'' and ``Business'' under ``Regulatory Flexibility
Analysis Required.''
5. Download the results of your searches in XML format.
2. Subject Matter EPA Websites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency
typically establishes a docket to accumulate materials throughout
the development process for that rulemaking. The docket serves as
the repository for the collection of documents or information
related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also
be used for Regulatory Flexibility Act section 610 reviews of rules
with significant economic impacts on a substantial number of small
entities and for various nonrulemaking activities, such as Federal
Register documents seeking public comments on draft guidance,
policy statements, information collection requests under the
Paperwork Reduction Act, and other non-rule activities. Docket
information should be in that action's agenda entry. All of EPA's
public dockets can be located at www.regulations.gov.
4. EPA's Rulemaking Gateway
EPA's Rulemaking Gateway (www.epa.gov/rulemaking/) serves as a
portal to EPA's priority rules, providing you with earlier and more
frequently updated information about Agency regulations than is
provided by the Regulatory Agenda.
The Rulemaking Gateway provides information as soon as work
begins and provides updates on a monthly basis as new information
becomes available. Time-sensitive information, such as notice of a
public meeting, is updated on a daily basis. Not all of EPA's
Regulatory Agenda entries appear on the Rulemaking Gateway; only
priority rulemakings can be found on the Gateway.
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within
10 years of promulgation, each rule that has or will have a
significant economic impact on a substantial number of small
entities. EPA has four rules scheduled for 610 review in 2010.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule Being Reviewed RIN Docket ID
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Primary Drinking Water Regulations: Radionuclides 2040-AF19.................................................. EPA-HQ-OW-2010-0166
(Section 610 Review)
Effluent Guidelines and Standards for the Centralized Waste 2040-AF18.................................................. EPA-HQ-OW-2010-0169
Treatment Industry (Section 610 Review)
Tier II Light-Duty Vehicle and Light-Duty Truck Emission 2060-AQ12.................................................. EPA-HQ-OAR-2010-0052
Standards and Gasoline Sulfur Standards (Section 610 Review)
National Primary Drinking Water Regulations; Arsenic and 2040-AF24.................................................. EPA-HQ-OW-2010-0728
Clarifications to Compliance and New Source Contaminants
Monitoring (Section 610 Review)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA has established official public dockets for these 610
Reviews under the docket identification (ID) numbers as indicated
above. All documents in the dockets are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available; e.g., confidential business
information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly
available only in hard copy form.
[[Page 79849]]
Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
applicable program (Water or Air) docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Avenue NW., Washington, DC 20460. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for
the Public Reading Room is (202) 566-1744. Unless otherwise
indicated, please direct your comments to the identified docket ID
number for the specific 610 Review item. For these 610 Reviews,
please DO NOT submit CBI or information that is otherwise protected
by statute. You may submit comments using one of the following
methods:
1. Electronically. Go directly to www.regulations.gov and find
``Advanced Docket Search.'' Enter the appropriate docket ID number.
The system is an ``anonymous access'' system, which means EPA will
not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment. If
you do submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment. EPA's policy is
that EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as
part of the comment that is placed in the official public docket
and made available in EPA's electronic public docket.
2. By Mail. Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Docket [insert
applicable docket number], 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver your comments,
identified by the Docket [insert applicable docket
number], to: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20460. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is (202) 566-1744. Such deliveries are
only accepted during the docket center's normal hours of operation
as identified above. For more information on EPA's docket center,
please visit https://www.epa.gov/epahome/dockets.htm.
Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to
consider these late comments. For this action, please DO NOT submit
CBI or information that is otherwise protected by statute.
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
For each of our rulemakings, we consider whether there will be
any adverse impact on any small entity. We attempt to fit the
regulatory requirements, to the extent feasible, to the scale of
the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under RFA/SBREFA (the Regulatory Flexibility Act as amended by
the Small Business Regulatory Enforcement Fairness Act), the Agency
must prepare a formal analysis of the potential negative impacts on
small entities, convene a Small Business Advocacy Review Panel
(proposed rule stage), and prepare a Small Entity Compliance Guide
(final rule stage) unless the Agency certifies a rule will not have
a significant economic impact on a substantial number of small
entities. For more detailed information about the Agency's policy
and practice with respect to implementing RFA/SBREFA, please visit
the RFA/SBREFA Web site at https://www.epa.gov/sbrefa/.
For a list of the rules under development for which a
Regulatory Flexibility Analysis will be required, go to https://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in
protecting human health and the environment. Collaborative efforts
such as EPA's open rulemaking process are a valuable tool for
addressing the problems we face, and the regulatory agenda is an
important part of that process.
Dated: September 10, 2010
Louise Wise,
Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.
CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
443 Revision of New Source Performance Standards for New Residential Wood Heaters......... 2060-AP93
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
444 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, 2060-AM44
Commercial, and Institutional Boilers (Reg Plan Seq No. 149)..........................
445 National Emission Standards for Hazardous Air Pollutants for Major Sources: 2060-AQ25
Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq
No. 154)..............................................................................
446 Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ36
From Palm Oil.........................................................................
[[Page 79850]]
447 Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ49
From Pulpwood.........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
448 SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products............. 2060-AP69
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
449 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur 2060-AQ12
Standards (Completion of a Section 610 Review)........................................
450 Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ35
From Canola Oil.......................................................................
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
451 Pesticides; Reconsideration of Exemptions for Insect Repellents....................... 2070-AJ45
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
452 Pesticides; Certification of Pesticide Applicators.................................... 2070-AJ20
453 Pesticides; Agricultural Worker Protection Standard Revisions......................... 2070-AJ22
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
454 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 2070-AJ57
Painting Program (Reg Plan Seq No. 155)...............................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
455 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, 2070-AJ55
and Painting Program..................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 79851]]
CLEAN WATER ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
456 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 2040-AF18
(Section 610 Review)..................................................................
----------------------------------------------------------------------------------------------------------------
CLEAN WATER ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
457 Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan 2040-AF13
Seq No. 146)..........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
458 National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance 2040-AF24
and New Source Contaminants Monitoring (Section 610 Review)...........................
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
459 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
460 National Primary Drinking Water Regulations: Radionuclides (Completion of a Section 2040-AF19
610 Review)...........................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act
_______________________________________________________________________
<###DOC>
443. REVISION OF NEW SOURCE PERFORMANCE STANDARDS FOR NEW RESIDENTIAL
WOOD HEATERS
Legal Authority: CAA sec 111
Abstract: EPA is revising the New Source Performance Standards (NSPS)
for residential wood heaters under the Clean Air Act section
111(b)(1)(B). This action is necessary because it updates the 1988 NSPS
to reflect significant advancements in wood heater technologies and
design, broaden the range of residential wood heating appliances
covered by the regulation, and improve and streamline implementation
procedures. This rule is expected to require manufacturers to redesign
wood heaters to be cleaner and lower emitting. In general, the design
changes will also make the heaters perform better and be more
efficient. The revisions are also expected to retain the requirement
for manufacturers to contract for testing of model lines by third-party
independent laboratories, report the results to EPA, and label the
models accordingly. This action does not apply to existing residential
woodstoves, pellet stoves and other residential biomass heating units.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/11
Final Action 07/00/12
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, Research Triangle Park, NC 27711
Phone: 919 541-5272
Fax: 919 541-0242
Email: wood.gil@epa.gov
[[Page 79852]]
David Cole, Environmental Protection Agency, Air and Radiation, C404-
05, Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epa.gov
RIN: 2060-AP93
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Clean Air Act
_______________________________________________________________________
<###DOC>
444. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS
Regulatory Plan: This entry is Seq. No. 149 in part II of this issue
of the Federal Register.
RIN: 2060-AM44
_______________________________________________________________________
<###DOC>
445. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR MAJOR
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND PROCESS
HEATERS
Regulatory Plan: This entry is Seq. No. 154 in part II of this issue
of the Federal Register.
RIN: 2060-AQ25
_______________________________________________________________________
<###DOC>
446. SUPPLEMENTAL DETERMINATIONS FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PALM OIL
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such biofuels produced from palm oil, could not be completed
in time for the final rule. In the process of assessing these fuels,
the Agency is issuing determinations through several supplemental
notices to the final rule.For this supplemental notice, EPA plans to
publish a final determination for ethanol produced and biomass-based
diesel produced from palm oil. The Agency will issue a Direct Final
Notice of Supplemental Determination in early November.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: korotney.david@epamail.epa.gov
RIN: 2060-AQ36
_______________________________________________________________________
<###DOC>
447. SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PULPWOOD
Legal Authority: Clean Air Act Section 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as renewable fuels from pulpwood could not be completed
in time for the final rule. In the process of assessing these fuels,
the Agency is issuing determinations through several supplemental
notices to the final rule. For this supplemental notice, EPA plans to
publish a final determination for cellulosic biofuels produced from
pulpwood. The Agency will issue a Direct Final Notice of Supplemental
Determination in February.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: korotney.david@epamail.epa.gov
RIN: 2060-AQ49
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Clean Air Act
_______________________________________________________________________
<###DOC>
448. NESHAP: BRICK AND STRUCTURAL CLAY PRODUCTS AND CLAY PRODUCTS
Legal Authority: Not Yet Determined
Abstract: This rulemaking will establish emission limits for hazardous
air pollutants (HF, HCl and metals) emitted from brick and clay
ceramics kilns and glazing operations at clay ceramics production
facilities. The brick and structural clay products industry primarily
includes facilities that manufacture brick, clay, pipe, roof tile,
extruded floor and wall tile, and other extruded dimensional clay
products from clay, shale, or a combination of the two. The
manufacturing of brick and structural clay products involves mining,
raw material processing (crushing, grinding,
[[Page 79853]]
and screening), mixing, forming, cutting or shaping, drying, and
firing. Ceramics are defined as a class of inorganic, nonmetallic
solids that are subject to high temperature in manufacture and/or use.
The clay ceramics manufacturing source category includes facilities
that manufacture traditional ceramics, which include ceramic tile,
dinnerware, sanitaryware, pottery, and porcelain. The primary raw
material used in the manufacture of these traditional ceramics is clay.
The manufacturing of clay ceramics involves raw material processing
(crushing, grinding, and screening), mixing, forming, shaping, drying,
glazing, and firing.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jeff Telander, Environmental Protection Agency, Air and
Radiation, D243-02, Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epamail.epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, 1200
Pennsylvania Ave, NW, Washington, DC 20460
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AP69
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Environmental Protection Agency (EPA) Completed Actions
Clean Air Act
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449. TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK EMISSION STANDARDS
AND GASOLINE SULFUR STANDARDS (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a
regulation to require emission standards for light-duty vehicles and
light-duty trucks through lowering tailpipe emission standards.
Specifically, EPA sought to reduce emissions of nitrogen oxides and
non-methane hydrocarbons, pollutants which contribute to ozone
pollution. The rulemaking also provided limitations on the sulfur
content of gasoline available nationwide. Sulfur in gasoline has a
detrimental impact on catalyst performance and could be a limiting
factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February
19, 2010, EPA initiated a review of this rule to determine if it should
be continued without change, or should be rescinded or amended to
minimize adverse economic impacts on small entities (75 FR 7426). EPA
has solicited comments on, the following factors: (1) The continued
need for the rule; (2) the nature of complaints or comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with other Federal,
State, or local government rules; and (5) the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule. No relevant comments were received, and EPA
has concluded that the rule needs no revisions at this time to minimize
impacts on small entities. See EPA's report summarizing the results of
this review in the docket EPA-HQ-OAR-2010-0052. This docket can be
accessed at www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 02/10/00 65 FR 6698
Begin Review 02/19/10 75 FR 7426
End Comment Period 03/22/10
End Review 06/11/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Tad Wysor, Environmental Protection Agency, Air and
Radiation, USEPA, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: wysor.tad@epamail.epa.gov
Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AQ12
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450. SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM CANOLA OIL
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as biodiesel from canola could not be completed in time
for the final rule. In the process of assessing these fuels, the Agency
is issuing determinations through several supplemental notices to the
final rule.
For this supplemental notice, EPA plans to publish a final
determination for biomass-based diesel produced from canola oil. The
Agency will issue a Direct Final Notice of Supplemental Determination
in mid-September.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 09/28/10 75 FR 59622
Final Action Effective 09/28/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: korotney.david@epamail.epa.gov
RIN: 2060-AQ35
[[Page 79854]]
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Environmental Protection Agency (EPA) Proposed Rule Stage
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
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<###DOC>
451. PESTICIDES; RECONSIDERATION OF EXEMPTIONS FOR INSECT REPELLENTS
Legal Authority: 7 USC 136a; 7 USC 136w
Abstract: EPA is developing rulemaking to modify the minimum risk
pesticides exemption under 40 CFR 152.25(f) to exclude personally
applied insect repellents from the exemption and require an abbreviated
data set for such products. EPA is taking this action because these
pesticides claim to control pests of significant public health
importance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathryn Boyle, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 7506P, Washington, DC
20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epa.gov
Niva Kramek, Environmental Protection Agency, Office of Chemical Safety
and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 605-1193
Fax: 703 305-5884
Email: kramek.niva@epa.gov
RIN: 2070-AJ45
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
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<###DOC>
452. PESTICIDES; CERTIFICATION OF PESTICIDE APPLICATORS
Legal Authorit