Spring 2011 Regulatory Agenda, 40118-40131 [2011-15496]
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40118
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
[9267–5]
EPA–HQ–OA–2007–1172
EPA–HQ–OW–2010–0169
EPA–HQ–OW–2010–0728
Spring 2011 Regulatory Agenda
Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
AGENCY:
The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-Agenda)
at https://www.reginfo.gov and at https://
www.regulations.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.
SUMMARY:
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
that 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. We
continue to publish it in the Federal
Register because that is what is required
by the Regulatory Flexibility Act of
1980.
‘‘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 an
online portal to EPA’s priority rules
with earlier and more frequently
updated information about these
priority actions. See section H for more
information about the Rulemaking
Gateway.
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
FOR FURTHER INFORMATION CONTACT:
‘‘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.
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 You 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
location
Type of information
Online locations
Semiannual Regulatory Agenda ..............
https://www.reginfo.gov/, https://www.regulations.gov, and https://www.epa.gov/
lawsregs/search/regagenda.html.
https://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–HQ-OA-2008-0265 and https://www.epa.gov/
lawsregs/search/ail.html.
https://www.epa.gov/rulemaking/ ................................................................................
Semiannual Regulatory Flexibility Agenda.
Monthly Action Initiation List ....................
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Rulemaking Gateway ...............................
B. What Are EPA’s Regulatory
Priorities, and What Key Principles,
Statutes, and Executive Orders Guide
Our Rule and Policymaking Process?
Priorities
Our priorities for fiscal years 2011–
2015 are laid out in our FY 2011–2015
Strategic Plan which includes five overarching strategic goals and five cross-
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cutting fundamental strategies for how
we approach our work. The five
strategic goals are:
1. Taking Action on Climate Change
and Improving Air Quality;
2. Protecting America’s Waters;
3. Cleaning Up Communities and
Advancing Sustainable Development;
4. Ensuring the Safety of Chemicals
and Preventing Pollution;
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5. Enforcing Environmental Laws.
And the five fundamental crosscutting strategies are:
1. Expanding the Conversation on
Environmentalism;
2. Working for Environmental Justice
and Children’s Health;
3. Advancing Science, Research, and
Technological Innovation;
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4. Strengthening State, Tribal, and
International Partnerships;
5. Strengthening the EPA’s Work
Force and Capabilities.
To see the entire Strategic Plan; see
the link at https://www.epa.gov/
planandbudget/strategicplan.html.
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.
In addition to meeting its mission
goals and priorities as described above,
EPA has begun a new initiative under
Executive Order (EO) 13563, Improving
Regulation and Regulatory Review, to
conduct periodic retrospective review of
existing significant regulations. This
review is intended to determine
whether any such regulations should be
modified, streamlined, expanded, or
repealed, so as to make the Agency’s
regulatory program more effective or
less burdensome in achieving the
regulatory objectives. More information
about this review is available at https://
www.epa.gov/improvingregulations/.
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
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; as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review; 76 FR 3821; January
21, 2011), 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
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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
encourage 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 Notice
of Proposed Rulemaking (NPRMs). To
be most effective, comments should
contain information and data that
support your position, and you also
should explain why EPA 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.
EPA believes our actions will be more
cost-effective and protective if the
development process includes
stakeholders working with us to help
identify the most practical and effective
solutions to problems. Democracy gives
real power to individual citizens, but
with that power comes responsibility.
You are urged 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
e-Agenda. However, there is no legal
significance to the omission of an item
from the agenda, and EPA generally
does 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
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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. We are
closing the 610 review for two rules in
2011.
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, which is 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
April 2012. We urge you to explore
becoming involved even if an action is
listed in the Long-Term category. By the
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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 Fall 2010 Agenda. 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 the Agency
decides to initiate the 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.
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F. What Information Is in the
Regulatory Flexibility Agenda and the
E-Agenda?
The Regulatory Flexibility Agenda
entries include only the nine categories
of information that are required by the
Regulatory Flexibility Act of 1980 and
by Federal Register Agenda printing
requirements: Sequence Number, RIN,
Title, Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, and Contact
Person. The E-Agenda has much more
extensive information on these actions
including such things as e-mail
addresses and Internet URLs for
additional information.
E-Agenda entries include:
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
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 EO
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:
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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 EO 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 EO 12866.
Also, if 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, appears under the ‘‘Priority’’
heading with the statement ‘‘Major
under 5 U.S.C. 801.’’
Legal Authority: The sections of the
United States Code (U.S.C.), 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
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the agenda are 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 the rule is anticipated to have
any effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether the rule may 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 it is anticipated
to exceed this $100 million threshold,
we note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under EO 13211.
Sectors Affected: Indicates the main
economic sectors regulated by the
action. The regulated parties are
identified by their North American
Industry Classification System (NAICS)
codes. These codes were created by the
Census Bureau for collecting, analyzing,
and publishing statistical data on the
U.S. economy. There are more than
1,000 NAICS codes for sectors in
agriculture, mining, manufacturing,
services, and public administration.
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.
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Additional Information: Other
information about the action including
docket information.
URLs: For some actions, the Internet
addresses are included 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 the associated
electronic docket, which is housed at
www.regulations.gov. Once there, follow
the online instructions to access the
docket in question 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 You 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
should develop. This list is also
distributed via e-mail. You can see the
current list, known as 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 a Federal
regulatory dashboard that allows 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 Web Sites
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 non-rulemaking
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 (https://
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 is closing the 610 review for two
rules in 2011.
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Rule reviewed
RIN
Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review).
National Primary Drinking Water Regulations; Arsenic and 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
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dockets are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available; e.g., confidential
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Docket ID No.
2040–AF18
EPA–HQ–OW–2010–0169
2040–AF24
EPA–HQ–OW–2010–0728
business information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
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is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Water 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.
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. EPA
attempts 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 and click
on Regulatory Flexibility Analysis—
Required toward the bottom of the page.
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: March 15, 2011.
Louise Wise,
Deputy Associate Administrator, Office of
Policy.
10CLEAN AIR ACT—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
266 ....................
National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-fired Electric Utility Steam
Generating Units and Standards of Performance for Electric Utility Steam Generating Units.
Revision of New Source Performance Standards for New Residential Wood Heaters ..................................
267 ....................
2060–AP52
2060–AP93
10CLEAN AIR ACT—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
268 ....................
Implementation of the 1997 8–Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to
AntiBacksliding Provisions; Deletion of Obsolete 1–Hr Ozone Standard Provisions.
Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm
Oil.
269 ....................
2060–AO96
2060–AQ36
10CLEAN AIR ACT—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
270 ....................
271 ....................
SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products .........................................
Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Pulpwood.
Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Sorghum.
272 ....................
2060–AP69
2060–AQ49
2060–AQ64
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10CLEAN AIR ACT—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
273 ....................
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers.
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial & Institutional Boilers and Process Heaters.
274 ....................
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40123
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
275 ....................
276 ....................
277 ....................
Pesticides; Certification of Pesticide Applicators .............................................................................................
Pesticides; Agricultural Worker Protection Standard Revisions ......................................................................
Pesticides; Reconsideration of Exemptions for Insect Repellents ..................................................................
2070–AJ20
2070–AJ22
2070–AJ45
TOXIC SUBSTANCES CONTROL ACT (TSCA)—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
278 ....................
279 ....................
Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings ...............................
Formaldehyde Emissions From Pressed Wood Products ...............................................................................
2070–AJ56
2070–AJ44
TOXIC SUBSTANCE CONTOL ACT (TSCA)—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
280 ....................
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program
2070–AJ57
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
281 ....................
Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard
Rock Mining Industry.
2050–AG61
70CLEAN WATER ACT—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
282 ....................
Stormwater Regulations Revision to Address Discharges From Developed Sites .........................................
2040–AF13
70CLEAN WATER ACT—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
283 ....................
Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (COMPLETION OF A SECTION 610 REVIEW).
2040–AF18
SAFE DRINKING WATER ACT (SDWA)—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
284 ....................
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
Regulation
Identifier No.
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Sequence No.
Title
285 ....................
SAN No. 2281 National Primary Drinking Water Regulations: Radon ............................................................
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ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10Clean Air Act
Proposed Rule Stage
266. National Emission Standards for
Hazardous Air Pollutants from Coal–
and Oil–Fired Electric Utility Steam
Generating Units and Standards of
Performance for Electric Utility Steam
Generating Units
Legal Authority: Clean Air Act sec
112(d); Clean Air Act sec 111(b)
Abstract: On May 18, 2005 (70 FR
28606), EPA published a final rule
requiring reductions in emissions of
mercury from Electric Utility Steam
Generating Units. That rule was vacated
on February 8, 2008, by the U.S. Court
of Appeals for the District of Columbia
Circuit. As a result of that vacatur, coaland oil-fired electric utility steam
generating units remain on the list of
sources that must be regulated under
section 112 of the Clean Air Act (CAA).
The Agency will develop standards
under CAA section 112(d) which will
reduce hazardous air pollutant (HAP)
emissions from this source category.
Recent court decisions on other CAA
section 112(d) rules will be considered
in developing this regulation.
Under this action EPA will also
propose amendments to the criteria
pollutant new source performance
standards (NSPS) for utilities. On
February 27, 2006, EPA promulgated
amendments to the utility NSPS and
was subsequently sued by multiple state
attorney general offices and
environmental organizations. On
September 2, 2009, EPA was granted a
voluntary remand without vacatur of the
2006 amendments. Combining the two
rules is a single action provides
interested parties the opportunity to
provide comments on the combined
requirements of the 2 rules. It also
avoids double counting either costs or
environmental benefits of the separate
rules.
Timetable:
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
05/03/11
07/05/11
76 FR 24976
12/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, D243–01, RTP, NC
27711, Phone: 919 541–5430, Fax: 919
541–5450, E-mail:
maxwell.bill@epamail.epa.gov.
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Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439–01, Research Triangle Park, NC
27711, Phone: 919 541–1045, E-mail:
wayland.robertj@epamail.epa.gov.
RIN: 2060–AP52
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10Clean Air Act
Final Rule Stage
267. 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 and
may apply to other units.
Timetable:
268. Implementation of the 1997 8–Hr
Ozone NAAQS: Classification of
Subpart 1 Areas and Revision to Antibacksliding Provisions; Deletion of
Obsolete 1–Hr Ozone Standard
Provisions.
Legal Authority: 42 U.S.C. 7410; 42
U.S.C. 7511 to 7511f; 42 U.S.C.
7601(a)(1)
Abstract: This rulemaking action
would revise the rule for
implementation of the 8-hour ozone
national ambient air quality standard
(NAAQS) to address partial vacatur by
the U.S. Circuit Court of Appeals for the
District of Columbia Circuit. The
rulemaking would remove the portions
of the regulatory text vacated by the
Court, specifically: (1) the provision that
places some 8-hour ozone
nonattainment areas under title I, part
D, subpart 1 of the CAA; (2) remove the
exemption from anti-backsliding for the
following three obligations under the
now-revoked 1-hour ozone NAAQS:
—New source review;
—CAA Section 185 penalty fees for
severe and extreme areas that fail to
attain the 1-hour standard by their
attainment date; and
—Contingency measures for failure to
attain the 1-hour standard or make
reasonable progress toward
attainment.
Action
Date
NPRM ..................
Final Action .........
FR Cite
02/00/12
06/00/13
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Gil Wood,
Environmental Protection Agency, Air
and Radiation, C404–05, RTP, NC
27711, Phone: 919 541–5272, Fax: 919
541–0242, E-mail: wood.gil@epa.gov.
David Cole, Environmental Protection
Agency, Air and Radiation, C404–05,
RTP, NC 27711, Phone: 919 541–5565,
Fax: 919 541–0242, E-mail:
cole.david@epa.gov.
RIN: 2060–AP93
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The rule would also address: (1) The
classification system for nonattainment
areas that the implementation rule
originally covered under Clean Air Act
(CAA) title I, part D, subpart 1; and (2)
contingency measures that apply as
anti-backsliding measures under the
now-revoked 1-hour standard. The rule
would also remove an obsolete
provision in the 1-hour ozone standard
itself (40 CFR 50.9(c)).
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/16/09
02/17/09
74 FR 2936
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C539–01, RTP, NC
27711, Phone: 919 541–2363, Fax: 919
541–5689, E-mail:
dail.lynn@epamail.epa.gov.
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
from clay, shale, or a combination of the
two. The manufacturing of brick and
structural clay products involves
mining, raw material processing
(crushing, grinding, and screening),
mixing, forming, cutting or shaping,
drying, and firing. Ceramics are defined
as a class of inorganic, nonmetallic
269. Supplemental Determinations for
solids that are subject to high
Renewable Fuels Produced Under the
temperature in manufacture and/or use.
Final RFS2 Program From Palm Oil
The clay ceramics manufacturing source
Legal Authority: Clean Air Act sec
category includes facilities that
211(o)
manufacture traditional ceramics, which
Abstract: As indicated in the final rule include ceramic tile, dinnerware,
for the Renewable Fuels Standard
sanitaryware, pottery, and porcelain.
Program, while the Agency issued
The primary raw material used in the
lifecycle greenhouse gas (GHG)
manufacture of these traditional
threshold determinations for the major
ceramics is clay. The manufacturing of
fuel pathways projected to meet the
clay ceramics involves raw material
bulk of the RFS volume mandates,
processing (crushing, grinding, and
assessments of other new fuel pathways screening), mixing, forming, shaping,
such as biofuels produced from palm
drying, glazing, and firing.
oil, could not be completed in time for
Timetable:
the final rule. In the process of assessing
these fuels, the Agency is issuing
Action
Date
FR Cite
determinations through several
supplemental notices to the final rule.
NPRM ..................
To Be Determined
Final Action .........
To Be Determined
Timetable:
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, NW, RTP, NC
27711, Phone: 919 541–3354, Fax: 919
541–4028, E-mail:
scavo.kimber@epamail.epa.gov.
RIN: 2060–AO96
Action
Date
Direct Final Action
FR Cite
10/00/11
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, E-mail:
argyropoulos.paul@epa.gov.
David Korotney, Environmental
Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone:
734 214–4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060–AQ36
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
10Clean Air Act
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Long-Term Actions
270. 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
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, D243–02, RTP, NC
27711, Phone: 919 541–5427, Fax: 919
541–5600, E-mail:
telander.jeff@epamail.epa.gov.
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243–02,
RTP, NC 27711, Phone: 919 541–2837,
Fax: 919 541–3207, E-mail:
fruh.steve@epa.gov.
RIN: 2060–AP69
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, E-mail:
argyropoulos.paul@epa.gov.
David Korotney, Environmental
Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone:
734 214–4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060–AQ49
272. • Supplemental Determination for
Renewable Fuels Produced Under the
Final RFS2 Program From Sorghum
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 renewable fuels from sorghum
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.
Timetable:
Action
Final Action .........
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington,
271. Supplemental Determination for
DC 20460, Phone: 202 564–1123, Fax:
Renewable Fuels Produced Under the
202 564–1686, E-mail:
Final RFS2 Program From Pulpwood
argyropoulos.paul@epa.gov.
Legal Authority: Clean Air Act sec
David Korotney, Environmental
211(o)
Protection Agency, Air and Radiation,
Abstract: As indicated in the final rule AAFC, Ann Arbor, MI 48105, Phone:
for the Renewable Fuels Standard
734 214–4507, E-mail:
Program, while the Agency issued
korotney.david@epamail.epa.gov.
lifecycle greenhouse gas (GHG)
RIN: 2060–AQ64
threshold determinations for the major
fuel pathways projected to meet the
bulk of the RFS volume mandates,
ENVIRONMENTAL PROTECTION
assessments of other new fuel pathways
AGENCY (EPA)
such as renewable fuels from pulpwood
could not be completed in time for the
10Clean Air Act
final rule. In the process of assessing
Completed Actions
these fuels, the Agency is issuing
determinations through several
273. National Emission Standards for
supplemental notices to the final rule.
Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and
Timetable:
Institutional Boilers
Action
Date
FR Cite
Legal Authority: Clean Air Act sec 112
Abstract: The Clean Air Act (CAA)
Direct Final Action
To Be Determined
requires that EPA develop standards for
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
toxic air pollutants, also known as
hazardous air pollutants or air toxics for
certain categories of sources. These
pollutants are known or suspected to
cause cancer and other serious health
and environmental effects. This
regulatory action will develop emission
standards for boilers located at area
sources. An area source facility emits or
has the potential to emit less than 10
tons per year (tpy) of any single air toxic
or less than 25 tpy of any combination
of air toxics. Boilers burn coal and other
substances such as oil or biomass (e.g.,
wood) to produce steam or hot water,
which is then used for energy or heat.
Industrial boilers are used in
manufacturing, processing, mining,
refining, or any other industry.
Commercial and institutional boilers are
used in commercial establishments,
medical centers, educational facilities
and municipal buildings. The majority
of area source boilers covered by this
proposed rule are located at commercial
and institutional facilities and are
generally owned or operated by small
entities. EPA estimates that there are
approximately 183,000 existing area
source boilers at 91,000 facilities in the
United States and that approximately
6,800 new area source boilers will be
installed over the next 3 years. The rule
will cover boilers located at area source
facilities that burn coal, oil, biomass, or
secondary ‘‘non-waste’’ materials.
Natural gas-fired area source boilers are
not part of the categories to be regulated.
The rule will reduce emissions of a
number of toxic air pollutants including
mercury, metals, and organic air toxics.
The standards for area sources must be
technology-based. Standards for area
sources can be based on either generally
available control technology (GACT), or
maximum achievable control
technology (MACT). To determine
GACT, we look at methods, practices
and techniques that are commercially
available and appropriate for use by the
sources in the category. We consider the
economic impacts on sources in the
category and the technical capabilities
of the firms to operate and maintain the
emissions control systems. MACT can
be based on the emissions reductions
achievable through application of
measures, processes, methods, systems,
or techniques, but must at least meet
minimum control levels as defined in
the Clean Air Act. Economic impacts
cannot be considered when determining
those minimum control levels.
Timetable:
Action
Date
FR Cite
NPRM ..................
06/04/10
75 FR 31895
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Action
Date
NPRM Comment
Period End.
NPRM Extension
of Comment
Period.
NPRM Extension
of Comment
Period End.
Final Action .........
07/19/10
06/09/10
FR Cite
75 FR 32682
08/03/10
03/21/11
76 FR 15554
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, D243–01, Research
Triangle Park, NC 27711, Phone: 919
541–5025, E-mail:
johnson.mary@epa.gov.
Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439–01, Research Triangle Park, NC
27711, Phone: 919 541–1045, E-mail:
wayland.robertj@epamail.epa.gov.
RIN: 2060–AM44
274. National Emission Standards for
Hazardous Air Pollutants for Major
Sources: Industrial, Commercial &
Institutional Boilers and Process
Heaters
Legal Authority: Clean Air Act section
112
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA’s stationary
source air toxics program. Section 112
mandates that EPA develop standards
for hazardous air pollutants (HAP) for
both major and area sources listed under
section 112(c). This regulatory action
will finalize emission standards for
boilers and process heaters located at
major sources. Section 112(d)(2)
requires that emission standards for
major sources be based on the maximum
achievable control technology (MACT).
Industrial boilers and institutional/
commercial boilers are on the list of
section 112(c)(6) source categories. In
this rulemaking, EPA will finalize
standards for these source categories.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Extension
of Comment
Period.
Final Action .........
06/04/10
06/09/10
75 FR 32006
75 FR 32682
03/21/11
76 FR 15608
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, C439–01, Research
Triangle Park, NC 27711, Phone: 919
541–7689, E-mail:
shrager.brian@epa.gov.
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Robert J Wayland, Environmental
Protection Agency, Air and Radiation,
C439–01, Research Triangle Park, NC
27711, Phone: 919 541–1045, E-mail:
wayland.robertj@epamail.epa.gov.
RIN: 2060–AQ25
Sfmt 4702
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)
Proposed Rule Stage
275. Pesticides; Certification of
Pesticide Applicators
Legal Authority: 7 U.S.C. 136; 7 U.S.C.
136i; 7 U.S.C. 136w
Abstract: EPA is proposing change to
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
05/00/12
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, E-mail: 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, E-mail:
pont.richard@epa.gov.
RIN: 2070–AJ20
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
276. Pesticides; Agricultural Worker
Protection Standard Revisions
Legal Authority: 7 U.S.C. 136 and
136(w)
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 bring
hazard communication requirements
more in line with OSHA requirements
and make 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
Date
NPRM ..................
FR Cite
05/00/12
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, E-mail: 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, E-mail:
pont.richard@epa.gov.
RIN: 2070–AJ22
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
277. Pesticides; Reconsideration of
Exemptions for Insect Repellents
Legal Authority: 7 U.S.C. 136(a) and
136(w)
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
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control pests of significant public health
importance.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/12
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, E-mail:
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, E-mail:
kramek.niva@epa.gov.
RIN: 2070–AJ45
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
278. Lead; Renovation, Repair, and
Painting Program for Public and
Commercial Buildings
Legal Authority: 15 U.S.C. 2682(c)(3)
Abstract: Section 402(c)(3) of the
Toxic Substances Control Act (TSCA)
requires EPA to regulate renovation or
remodeling activities in target housing
(most pre-1978 housing), pre-1978
public buildings, and commercial
buildings that create lead-based paint
hazards. On April 22, 2008, EPA issued
a final rule to address lead-based paint
hazards created by these activities in
target housing and child-occupied
facilities built before 1978 (childoccupied facilities are a subset of public
and commercial buildings or facilities
where children under age 6 spend a
great deal of time). The 2008 rule
established requirements for training
renovators, other renovation workers,
and dust sampling technicians; for
certifying renovators, dust sampling
technicians, and renovation firms; for
accrediting providers of renovation and
dust sampling technician training; for
renovation work practices; and for
recordkeeping. This new rulemaking
will address renovation or remodeling
activities in the remaining buildings
described in TSCA section 402(c)(3):
public buildings built before 1978 and
commercial buildings that are not childoccupied facilities. On May 6, 2010,
EPA announced the commencement of
proceedings to propose lead-safe work
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Fmt 4701
Sfmt 4702
40127
practices and other requirements for
renovations on the exteriors of public
and commercial buildings and to
determine whether lead-based paint
hazards are created by interior
renovation, repair, and painting projects
in public and commercial buildings. For
those renovations in the interiors of
public and commercial buildings that
create lead-based paint hazards, EPA
will propose regulations to address
these hazards.
Timetable:
Action
Date
FR Cite
ANPRM ...............
NPRM; Exteriors
Final Action .........
05/06/10
12/00/11
07/00/13
75 FR 24848
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Hans Scheifele,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7404T, Washington, DC
20460, Phone: 202 564–3122, E-mail:
scheifele.hans@epa.gov.
Cindy Wheeler, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T,
Washington, DC 20460, Phone: 202 566–
0484, E-mail: wheeler.cindy@epa.gov.
RIN: 2070–AJ56
279. Formaldehyde Emissions From
Pressed Wood Products
Legal Authority: 15 U.S.C. 2697
(TSCA sec 601)
Abstract: In 2008, EPA initiated a
proceeding under Toxics Substance and
Control Act (TSCA) to investigate risks
posed by formaldehyde emitted from
pressed wood products. An advance
notice of proposed rulemaking
(ANPRM) sought to engage stakeholders
to contribute to obtaining a better
understanding of the available control
technologies and approaches, industry
practices, and the implementation of
California’s formaldehyde emission
limits. Subsequently, EPA developed an
industry survey to obtain more
information on these ANPR topics and
continued to assess the hazards of and
exposures to formaldehyde emissions
from pressed wood products. On July 7,
2010, the Formaldehyde Standards for
Composite Wood Products Act was
enacted. This law amends TSCA to
establish specific formaldehyde
emission limits for hardwood plywood,
particleboard, and medium-density
fiberboard, which limits are identical to
the California emission limits for these
products. The law further requires EPA
to promulgate implementing regulations
by January 1, 2013.
Timetable:
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Action
Date
FR Cite
ANPRM ...............
ANPRM: Extension of Comment Period.
NPRM ..................
12/03/08
01/30/09
73 FR 73620
74 FR 5632
01/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7404T, Washington, DC
20460, Phone: 202 566–0484, E-mail:
wheeler.cindy@epa.gov.
Lynn Vendinello, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T,
Washington, DC 20460, Phone: 202 566–
0514, E-mail: vendinello.lynn@epa.gov.
RIN: 2070–AJ44
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Toxic Substances Control Act (TSCA)
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Final Rule Stage
280. Lead; Clearance and Clearance
Testing Requirements for the
Renovation, Repair, and Painting
Program
Legal Authority: 15 U.S.C. 2601(c); 15
U.S.C. 2682(c)(3); 15 U.S.C. 2684; 15
U.S.C. 2686 and 2687
Abstract: On May 6, 2010, EPA
proposed 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 for persons
performing renovations for
compensation in most pre-1978 housing
and child-occupied facilities. Current
requirements include training
renovators, other renovation workers,
and dust sampling technicians; for
certifying renovators, dust sampling
technicians, and renovation firms; for
accrediting providers of renovation and
dust sampling technician training; for
renovation work practices; and for
recordkeeping. EPA is particularly
concerned about dust lead hazards
generated by renovations because of the
well documented toxicity of lead,
especially to younger children. This
proposal includes additional
requirements designed to ensure that
lead-based paint hazards generated by
renovation work are adequately cleaned
after renovation work is finished and
before the work areas are re-occupied.
Specifically, EPA proposed to require
dust wipe testing after many
renovations covered by the RRP rule.
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For a subset of jobs involving
demolition or removal of plaster
through destructive means or the
disturbance of paint using machines
designed to remove paint through highspeed operation, such as power sanders
or abrasive blasters, this proposal would
also require the renovation firm to
demonstrate, through dust wipe testing,
that dust-lead levels remaining in the
work area are below regulatory levels.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Extension
of Comment
Period.
Final Action .........
05/06/10
07/07/10
75 FR 25038
75 FR 38959
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Comprehensive Environmental
Response, Compensation and Liability
Act
Proposed Rule Stage
281. Financial Responsibility
Requirements Under Cercla Section
108(B) for Classes of Facilities in the
Hard Rock Mining Industry
Legal Authority: 42 U.S.C. 9601 et
seq.; 42 U.S.C. 9608 (b)
Abstract: Section 108(b) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended,
establishes certain authorities
concerning financial responsibility
requirements. The Agency has
identified classes of facilities within the
Hard Rock mining industry as those for
which financial responsibility
requirements will be first developed.
EPA intends to include requirements for
financial responsibility, as well as
notification and implementation.
Timetable:
Action
Date
FR Cite
Priority Notice ......
07/28/09
74 FR 37213
Frm 00012
Fmt 4701
Date
NPRM ..................
FR Cite
02/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ben Lesser,
Environmental Protection Agency, Solid
Waste and Emergency Response, 5302P,
Washington, DC 20460, Phone: 703 308–
0314, E-mail: lesser.ben@epa.gov.
David Hockey, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5303P,
Washington, DC 20460, Phone: 703 308–
8846, E-mail: hockey.david@epa.gov.
RIN: 2050–AG61
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Chemical Safety and Pollution
Prevention, 7404T, Washington, DC
20460, Phone: 202 566–0484, E-mail:
wheeler.cindy@epa.gov.
Michelle Price, Environmental
Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T,
Washington, DC 20460, Phone: 202 566–
0744.
RIN: 2070–AJ57
PO 00000
Action
Sfmt 4702
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
70Clean Water Act
Proposed Rule Stage
282. Stormwater Regulations Revision
to Address Discharges from Developed
Sites
Legal Authority: 33 U.S.C. 1251 et seq.
Abstract: Stormwater discharge from
developed areas is a major cause of
degradation of surface waters. This is
true for both conveyance of pollutants
and the erosive power of increased
stormwater flow rates and volumes.
Current stormwater regulations were
promulgated in 1990 and 1999. In 2006,
the Office of Water asked the National
Research Council (NRC) to review the
stormwater program and recommend
ways to strengthen it. The NRC Report,
which was finalized in October 2008,
found that the current stormwater
program ‘‘ * * * is not likely to
adequately control stormwater’s
contribution to waterbody impairment’’
and recommended that EPA take action
to address the harmful effects of
stormwater flow. This proposed action
would establish requirements for, at
minimum, managing stormwater
discharges from newly developed and
re-developed sites, to reduce the amount
of pollutants in stormwater discharges
entering receiving waters by reducing
the discharge of excess stormwater. This
action may also expand the scope of
municipal separate storm sewer systems
(MS4) required to be regulated under
NPDES permits, to include rapidly
developing areas and to cover some
discharges that are not currently
regulated. The Phase I and Phase II MS4
regulations might also be combined and
amended, and may include provisions
for better managing existing discharges.
Timetable:
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Action
Date
NPRM ..................
Final Action .........
FR Cite
09/00/11
11/00/12
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Connie Bosma,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460,
Phone: 202 564–6773, Fax: 202 564–
6392, E-mail:
bosma.connie@epamail.epa.gov.
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460, Phone: 202 566–
1060, E-mail:
goodwin.janet@epamail.epa.gov.
RIN: 2040–AF13
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
70Clean Water Act
Completed Actions
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
283. Effluent Guidelines and Standards
for the Centralized Waste Treatment
Industry (Completion of a Section 610
Review)
Legal Authority: 5 U.S.C. 610
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 offsite. The regulation established
wastewater discharge standards for
three major types of wastes: metalbearing, oily, and organic. EPA issued a
Small Entity Compliance Guide, which
provides easy-to-read descriptions of the
regulations and other helpful
information on how to comply such as
a question and answer section.
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
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
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affected by the rule. The comment
period closed July 31, 2010. EPA
received no comments, and the Agency
has concluded that the rule needs no
revisions at this time to minimize the
impacts on small entities. The rule will
remain in effect without modification.
The Docket ID number is EPA–HQ–
OW–2010–0169. EPA summarized the
results of the review in a report, which
is available in the rulemaking docket
referenced above. You can access that
docket at https://www.regulations.gov.
Timetable:
Action
Date
12/22/00
04/26/10
07/31/10
65 FR 81241
75 FR 21882
75 FR 21882
Action
Date
FR Cite
Final Rule ............
Initiate 610 Review.
End Comment
Period.
Completion of 610
Review.
01/22/01
12/20/10
66 FR 6976
75 FR 79844
FR Cite
Final Action .........
Begin Review ......
End Comment
Period.
End Review .........
government rules; and (5) the degree to
which the technology, economic
conditions or other factors have changed
in the area affected by the rule. EPA is
currently reviewing the public
comments received in response to this
review and is developing a response to
comment document, which will be
posted in the docket (#EPA–OW–2010–
0728) upon completion of this review by
fall 2011. The docket can be accessed at
https://www.regulations.gov.
Timetable:
04/25/11
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Erik Helm,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460,
Phone: 202 566–1049, Fax: 202 566–
1053, E-mail:
helm.erik@epamail.epa.gov.
RIN: 2040–AF18
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Safe Drinking Water Act (SDWA)
02/18/11
10/00/11
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Stephanie Flaharty,
Environmental Protection Agency,
Water, 4601M, Washington, DC 20460,
Phone: 202 564–5072, E-mail:
flaharty.stephanie@epamail.epa.gov.
Wynne Miller, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460, Phone: 202 564–
4887, Fax: 202 564–3760, E-mail:
miller.wynne@epamail.epa.gov.
RIN: 2040–AF24
Prerule Stage
284. National Primary Drinking Water
Regulations; Arsenic and Clarifications
to Compliance and New Source
Contaminants Monitoring (Section 610
Review)
Legal Authority: 5 U.S.C. 610
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, EPA
reviewed 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 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
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Fmt 4701
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ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
285. National Primary Drinking Water
Regulations: Radon
Legal Authority: 42 U.S.C. 300f, et seq.
Abstract: In 1999, EPA proposed
regulations for radon which provide
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
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
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:
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Action
Date
ANPRM ...............
NPRM Original ....
Notice99 ..............
NPRM ..................
09/30/86
07/18/91
02/26/99
11/02/99
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Final Action .........
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FR Cite
51
56
64
64
FR
FR
FR
FR
34836
33050
9560
59246
To Be Determined
14:19 Jul 06, 2011
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rebecca Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460,
Phone: 202 564–4689, Fax: 202 564–
3760, E-mail:
allen.rebeccak@epamail.epa.gov.
PO 00000
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Fmt 4701
Sfmt 9990
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460, Phone: 202 564–
5250, E-mail:
burneson.eric@epamail.epa.gov.
RIN: 2040–AA94
[FR Doc. 2011–15496 Filed 7–6–11; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40118-40131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15496]
[[Page 40117]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part XIV
Environmental Protection Agency
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 40118]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[9267-5]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0728
Spring 2011 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 https://www.reginfo.gov and at https://www.regulations.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
that 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. We continue to
publish it in the Federal Register because that is what is required by
the Regulatory Flexibility Act of 1980.
``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 an online portal to EPA's priority
rules with earlier and more frequently updated information about these
priority actions. See section H for more information about the
Rulemaking Gateway.
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: lmit.com">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.
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 You 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 Online locations Federal Register location
----------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda............. https://www.reginfo.gov/, https:// Not in FR
www.regulations.gov, and https://www.epa.gov/lawsregs/search/regagenda.html.
Semiannual Regulatory Flexibility Agenda. https://www.reginfo.gov/, Part XIV of today's issue
www.regulations.gov, and https://www.epa.gov/lawsregs/search/regagenda.html.
Monthly Action Initiation List........... https://www.regulations.gov/ Not in FR
fdmspublic/component/
main?main=DocketDetail&d=EPA-HQ-
OA-2008-0265 and https://www.epa.gov/lawsregs/search/ail.html.
Rulemaking Gateway....................... https://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
Our priorities for fiscal years 2011-2015 are laid out in our FY
2011-2015 Strategic Plan which includes five over-arching strategic
goals and five cross-cutting fundamental strategies for how we approach
our work. The five strategic goals are:
1. Taking Action on Climate Change and Improving Air Quality;
2. Protecting America's Waters;
3. Cleaning Up Communities and Advancing Sustainable Development;
4. Ensuring the Safety of Chemicals and Preventing Pollution;
5. Enforcing Environmental Laws.
And the five fundamental cross-cutting strategies are:
1. Expanding the Conversation on Environmentalism;
2. Working for Environmental Justice and Children's Health;
3. Advancing Science, Research, and Technological Innovation;
[[Page 40119]]
4. Strengthening State, Tribal, and International Partnerships;
5. Strengthening the EPA's Work Force and Capabilities.
To see the entire Strategic Plan; see the link at https://www.epa.gov/planandbudget/strategicplan.html.
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.
In addition to meeting its mission goals and priorities as
described above, EPA has begun a new initiative under Executive Order
(EO) 13563, Improving Regulation and Regulatory Review, to conduct
periodic retrospective review of existing significant regulations. This
review is intended to determine whether any such regulations should be
modified, streamlined, expanded, or repealed, so as to make the
Agency's regulatory program more effective or less burdensome in
achieving the regulatory objectives. More information about this review
is available at https://www.epa.gov/improvingregulations/.
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
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; as supplemented by Executive Order 13563,
Improving Regulation and Regulatory Review; 76 FR 3821; January 21,
2011), 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 encourage 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
Notice of Proposed Rulemaking (NPRMs). To be most effective, comments
should contain information and data that support your position, and you
also should explain why EPA 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.
EPA believes our actions will be more cost-effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to problems.
Democracy gives real power to individual citizens, but with that power
comes responsibility. You are urged 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 EPA generally does 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. We are closing the 610
review for two rules in 2011.
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, which is 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 April 2012. We urge you
to explore becoming involved even if an action is listed in the Long-
Term category. By the
[[Page 40120]]
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 Fall 2010 Agenda. 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 the Agency decides to initiate the
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?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule, and Contact Person. The E-Agenda has much
more extensive information on these actions including such things as e-
mail addresses and Internet URLs for additional information.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The 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 EO 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 EO 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 EO 12866.
Also, if 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, appears under the ``Priority'' heading
with the statement ``Major under 5 U.S.C. 801.''
Legal Authority: The sections of the United States Code (U.S.C.),
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 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 the rule is anticipated
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may 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 it is anticipated to
exceed this $100 million threshold, we note it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under EO 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
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.
[[Page 40121]]
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the Internet addresses are included 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 the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question 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 You 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 should develop. This list is also
distributed via e-mail. You can see the current list, known as 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 a Federal regulatory dashboard that allows
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 Web Sites
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 non-
rulemaking 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 (https://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 is
closing the 610 review for two rules in 2011.
----------------------------------------------------------------------------------------------------------------
Rule reviewed RIN Docket ID No.
----------------------------------------------------------------------------------------------------------------
Effluent Guidelines and Standards for the 2040-AF18 EPA-HQ-OW-2010-0169
Centralized Waste Treatment Industry
(Section 610 Review).
National Primary Drinking Water Regulations; 2040-AF24 EPA-HQ-OW-2010-0728
Arsenic and 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,
[[Page 40122]]
is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either electronically through www.regulations.gov or in hard copy at
the Water 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.
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. EPA attempts 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 and
click on Regulatory Flexibility Analysis--Required toward the bottom of
the page.
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: March 15, 2011.
Louise Wise,
Deputy Associate Administrator, Office of Policy.
10Clean Air Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
266....................... National Emission 2060-AP52
Standards for Hazardous
Air Pollutants From Coal-
and Oil-fired Electric
Utility Steam Generating
Units and Standards of
Performance for Electric
Utility Steam Generating
Units.
267....................... Revision of New Source 2060-AP93
Performance Standards for
New Residential Wood
Heaters.
------------------------------------------------------------------------
10Clean Air Act--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
268....................... Implementation of the 1997 2060-AO96
8-Hr Ozone NAAQS:
Classification of Subpart
1 Areas and Revision to
AntiBacksliding
Provisions; Deletion of
Obsolete 1-Hr Ozone
Standard Provisions.
269....................... Supplemental 2060-AQ36
Determinations for
Renewable Fuels Produced
Under the Final RFS2
Program From Palm Oil.
------------------------------------------------------------------------
10Clean Air Act--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
270....................... SAN No. 5367 NESHAP: Brick 2060-AP69
and Structural Clay
Products and Clay
Products.
271....................... Supplemental Determination 2060-AQ49
for Renewable Fuels
Produced Under the Final
RFS2 Program From
Pulpwood.
272....................... Supplemental Determination 2060-AQ64
for Renewable Fuels
Produced Under the Final
RFS2 Program From Sorghum.
------------------------------------------------------------------------
10Clean Air Act--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
273....................... National Emission 2060-AM44
Standards for Hazardous
Air Pollutants for Area
Sources: Industrial,
Commercial, and
Institutional Boilers.
274....................... National Emission 2060-AQ25
Standards for Hazardous
Air Pollutants for Major
Sources: Industrial,
Commercial &
Institutional Boilers and
Process Heaters.
------------------------------------------------------------------------
[[Page 40123]]
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Proposed
Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
275....................... Pesticides; Certification 2070-AJ20
of Pesticide Applicators.
276....................... Pesticides; Agricultural 2070-AJ22
Worker Protection
Standard Revisions.
277....................... Pesticides; 2070-AJ45
Reconsideration of
Exemptions for Insect
Repellents.
------------------------------------------------------------------------
Toxic Substances Control Act (TSCA)--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
278....................... Lead; Renovation, Repair, 2070-AJ56
and Painting Program for
Public and Commercial
Buildings.
279....................... Formaldehyde Emissions 2070-AJ44
From Pressed Wood
Products.
------------------------------------------------------------------------
Toxic Substance Contol Act (TSCA)--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
280....................... Lead; Clearance and 2070-AJ57
Clearance Testing
Requirements for the
Renovation, Repair, and
Painting Program.
------------------------------------------------------------------------
Comprehensive Environmental Response, Compensation and Liability Act--
Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
281....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
------------------------------------------------------------------------
70Clean Water Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
282....................... Stormwater Regulations 2040-AF13
Revision to Address
Discharges From Developed
Sites.
------------------------------------------------------------------------
70Clean Water Act--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
283....................... Effluent Guidelines and 2040-AF18
Standards for the
Centralized Waste
Treatment Industry
(Completion of a Section
610 Review).
------------------------------------------------------------------------
Safe Drinking Water Act (SDWA)--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
284....................... National Primary Drinking 2040-AF24
Water Regulations;
Arsenic and
Clarifications to
Compliance and New Source
Contaminants Monitoring
(Section 610 Review).
------------------------------------------------------------------------
Safe Drinking Water Act (SDWA)--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
285....................... SAN No. 2281 National 2040-AA94
Primary Drinking Water
Regulations: Radon.
------------------------------------------------------------------------
[[Page 40124]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Proposed Rule Stage
266. National Emission Standards for Hazardous Air Pollutants from
Coal- and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Electric Utility Steam Generating Units
Legal Authority: Clean Air Act sec 112(d); Clean Air Act sec 111(b)
Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule
requiring reductions in emissions of mercury from Electric Utility
Steam Generating Units. That rule was vacated on February 8, 2008, by
the U.S. Court of Appeals for the District of Columbia Circuit. As a
result of that vacatur, coal- and oil-fired electric utility steam
generating units remain on the list of sources that must be regulated
under section 112 of the Clean Air Act (CAA). The Agency will develop
standards under CAA section 112(d) which will reduce hazardous air
pollutant (HAP) emissions from this source category. Recent court
decisions on other CAA section 112(d) rules will be considered in
developing this regulation.
Under this action EPA will also propose amendments to the criteria
pollutant new source performance standards (NSPS) for utilities. On
February 27, 2006, EPA promulgated amendments to the utility NSPS and
was subsequently sued by multiple state attorney general offices and
environmental organizations. On September 2, 2009, EPA was granted a
voluntary remand without vacatur of the 2006 amendments. Combining the
two rules is a single action provides interested parties the
opportunity to provide comments on the combined requirements of the 2
rules. It also avoids double counting either costs or environmental
benefits of the separate rules.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/11 76 FR 24976
NPRM Comment Period End............. 07/05/11
Final Action........................ 12/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bill Maxwell, Environmental Protection Agency, Air
and Radiation, D243-01, RTP, NC 27711, Phone: 919 541-5430, Fax: 919
541-5450, E-mail: maxwell.bill@epamail.epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AP52
267. 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
and may apply to other units.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/12
Final Action........................ 06/00/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, RTP, NC 27711, Phone: 919 541-5272, Fax: 919 541-
0242, E-mail: wood.gil@epa.gov.
David Cole, Environmental Protection Agency, Air and Radiation,
C404-05, RTP, NC 27711, Phone: 919 541-5565, Fax: 919 541-0242, E-mail:
cole.david@epa.gov.
RIN: 2060-AP93
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Final Rule Stage
268. Implementation of the 1997 8-Hr Ozone NAAQS: Classification of
Subpart 1 Areas and Revision to Anti-backsliding Provisions; Deletion
of Obsolete 1-Hr Ozone Standard Provisions.
Legal Authority: 42 U.S.C. 7410; 42 U.S.C. 7511 to 7511f; 42 U.S.C.
7601(a)(1)
Abstract: This rulemaking action would revise the rule for
implementation of the 8-hour ozone national ambient air quality
standard (NAAQS) to address partial vacatur by the U.S. Circuit Court
of Appeals for the District of Columbia Circuit. The rulemaking would
remove the portions of the regulatory text vacated by the Court,
specifically: (1) the provision that places some 8-hour ozone
nonattainment areas under title I, part D, subpart 1 of the CAA; (2)
remove the exemption from anti-backsliding for the following three
obligations under the now-revoked 1-hour ozone NAAQS:
--New source review;
--CAA Section 185 penalty fees for severe and extreme areas that fail
to attain the 1-hour standard by their attainment date; and
--Contingency measures for failure to attain the 1-hour standard or
make reasonable progress toward attainment.
The rule would also address: (1) The classification system for
nonattainment areas that the implementation rule originally covered
under Clean Air Act (CAA) title I, part D, subpart 1; and (2)
contingency measures that apply as anti-backsliding measures under the
now-revoked 1-hour standard. The rule would also remove an obsolete
provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/16/09 74 FR 2936
NPRM Comment Period End............. 02/17/09
Final Action........................ 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lynn Dail, Environmental Protection Agency, Air and
Radiation, C539-01, RTP, NC 27711, Phone: 919 541-2363, Fax: 919 541-
5689, E-mail: dail.lynn@epamail.epa.gov.
[[Page 40125]]
Kimber Scavo, Environmental Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, NW, RTP, NC 27711, Phone: 919 541-3354, Fax: 919
541-4028, E-mail: scavo.kimber@epamail.epa.gov.
RIN: 2060-AO96
269. 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 as 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Action................. 10/00/11
------------------------------------------------------------------------
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, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ36
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Long-Term Actions
270. 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, 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
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Telander, Environmental Protection Agency, Air
and Radiation, D243-02, RTP, NC 27711, Phone: 919 541-5427, Fax: 919
541-5600, E-mail: telander.jeff@epamail.epa.gov.
Steve Fruh, Environmental Protection Agency, Air and Radiation,
D243-02, RTP, NC 27711, Phone: 919 541-2837, Fax: 919 541-3207, E-mail:
fruh.steve@epa.gov.
RIN: 2060-AP69
271. Supplemental Determination for Renewable Fuels Produced Under the
Final RFS2 Program From Pulpwood
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 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Action................. To Be Determined
------------------------------------------------------------------------
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, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ49
272. Supplemental Determination for Renewable Fuels Produced
Under the Final RFS2 Program From Sorghum
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 renewable fuels from sorghum 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
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, E-mail: argyropoulos.paul@epa.gov.
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail:
korotney.david@epamail.epa.gov.
RIN: 2060-AQ64
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10Clean Air Act
Completed Actions
273. National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers
Legal Authority: Clean Air Act sec 112
Abstract: The Clean Air Act (CAA) requires that EPA develop
standards for
[[Page 40126]]
toxic air pollutants, also known as hazardous air pollutants or air
toxics for certain categories of sources. These pollutants are known or
suspected to cause cancer and other serious health and environmental
effects. This regulatory action will develop emission standards for
boilers located at area sources. An area source facility emits or has
the potential to emit less than 10 tons per year (tpy) of any single
air toxic or less than 25 tpy of any combination of air toxics. Boilers
burn coal and other substances such as oil or biomass (e.g., wood) to
produce steam or hot water, which is then used for energy or heat.
Industrial boilers are used in manufacturing, processing, mining,
refining, or any other industry. Commercial and institutional boilers
are used in commercial establishments, medical centers, educational
facilities and municipal buildings. The majority of area source boilers
covered by this proposed rule are located at commercial and
institutional facilities and are generally owned or operated by small
entities. EPA estimates that there are approximately 183,000 existing
area source boilers at 91,000 facilities in the United States and that
approximately 6,800 new area source boilers will be installed over the
next 3 years. The rule will cover boilers located at area source
facilities that burn coal, oil, biomass, or secondary ``non-waste''
materials. Natural gas-fired area source boilers are not part of the
categories to be regulated. The rule will reduce emissions of a number
of toxic air pollutants including mercury, metals, and organic air
toxics. The standards for area sources must be technology-based.
Standards for area sources can be based on either generally available
control technology (GACT), or maximum achievable control technology
(MACT). To determine GACT, we look at methods, practices and techniques
that are commercially available and appropriate for use by the sources
in the category. We consider the economic impacts on sources in the
category and the technical capabilities of the firms to operate and
maintain the emissions control systems. MACT can be based on the
emissions reductions achievable through application of measures,
processes, methods, systems, or techniques, but must at least meet
minimum control levels as defined in the Clean Air Act. Economic
impacts cannot be considered when determining those minimum control
levels.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 06/04/10 75 FR 31895
NPRM Comment Period End............. 07/19/10
NPRM Extension of Comment Period.... 06/09/10 75 FR 32682
NPRM Extension of Comment Period End 08/03/10
Final Action........................ 03/21/11 76 FR 15554
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mary Johnson, Environmental Protection Agency, Air
and Radiation, D243-01, Research Triangle Park, NC 27711, Phone: 919
541-5025, E-mail: johnson.mary@epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AM44
274. National Emission Standards for Hazardous Air Pollutants for Major
Sources: Industrial, Commercial & Institutional Boilers and Process
Heaters
Legal Authority: Clean Air Act section 112
Abstract: Section 112 of the Clean Air Act (CAA) outlines the
statutory requirements for EPA's stationary source air toxics program.
Section 112 mandates that EPA develop standards for hazardous air
pollutants (HAP) for both major and area sources listed under section
112(c). This regulatory action will finalize emission standards for
boilers and process heaters located at major sources. Section 112(d)(2)
requires that emission standards for major sources be based on the
maximum achievable control technology (MACT). Industrial boilers and
institutional/commercial boilers are on the list of section 112(c)(6)
source categories. In this rulemaking, EPA will finalize standards for
these source categories.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/04/10 75 FR 32006
NPRM Extension of Comment Period.... 06/09/10 75 FR 32682
Final Action........................ 03/21/11 76 FR 15608
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Shrager, Environmental Protection Agency, Air
and Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919
541-7689, E-mail: shrager.brian@epa.gov.
Robert J Wayland, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-
1045, E-mail: wayland.robertj@epamail.epa.gov.
RIN: 2060-AQ25
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
275. Pesticides; Certification of Pesticide Applicators
Legal Authority: 7 U.S.C. 136; 7 U.S.C. 136i; 7 U.S.C. 136w
Abstract: EPA is proposing change to 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