Spring 2011 Regulatory Agenda, 40118-40131 [2011-15496]

Download as PDF 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 .................... wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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- VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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; PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Not in FR Part XIV of today’s issue Not in FR Not in FR 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; E:\FR\FM\07JYP14.SGM 07JYP14 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 40119 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 E:\FR\FM\07JYP14.SGM 07JYP14 40120 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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: VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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. E:\FR\FM\07JYP14.SGM 07JYP14 40121 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 dockets are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available; e.g., confidential PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 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, E:\FR\FM\07JYP14.SGM 07JYP14 40122 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 .................... VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP14.SGM 07JYP14 2060–AM44 2060–AQ25 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Sequence No. Title 285 .................... SAN No. 2281 National Primary Drinking Water Regulations: Radon ............................................................ VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP14.SGM 07JYP14 2040–AA94 40124 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 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. E:\FR\FM\07JYP14.SGM 07JYP14 40125 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\07JYP14.SGM 07JYP14 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 40126 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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. PO 00000 Frm 00010 Fmt 4701 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 E:\FR\FM\07JYP14.SGM 07JYP14 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00011 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: E:\FR\FM\07JYP14.SGM 07JYP14 40128 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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. VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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: E:\FR\FM\07JYP14.SGM 07JYP14 40129 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 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 VerDate Mar<15>2010 14:19 Jul 06, 2011 Jkt 223001 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 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: E:\FR\FM\07JYP14.SGM 07JYP14 40130 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda Action Date ANPRM ............... NPRM Original .... Notice99 .............. NPRM .................. 09/30/86 07/18/91 02/26/99 11/02/99 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Final Action ......... VerDate Mar<15>2010 FR Cite 51 56 64 64 FR FR FR FR 34836 33050 9560 59246 To Be Determined 14:19 Jul 06, 2011 Jkt 223001 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 Frm 00014 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 E:\FR\FM\07JYP14.SGM 07JYP14 Vol. 76 Thursday, No. 130 July 7, 2011 Part XV General Services Administration wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Semiannual Regulatory Agenda VerDate Mar<15>2010 14:25 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07JYP15.SGM 07JYP15

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











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Semiannual Regulatory Agenda



Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / 

Unified Agenda



[[Page 40118]]





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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

------------------------------------------------------------------------

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
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