Fall 2010 Regulatory Agenda
Federal RegisterDec 20, 2010
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What actually matters in this document.
Text
Part XV
Environmental Protection Agency
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###Semiannual Regulatory Agenda###
[[Page 79844]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[ 9134-3 ]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0166
EPA-HQ-OAR-2010-0052
EPA-HQ-OW-2010-0728
Fall 2010 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
_______________________________________________________________________
SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at www.reginfo.gov
to update the public about:
Regulations and major policies currently under development,
Reviews of existing regulations and major policies, and
Rules and major policymakings completed or canceled since the
last agenda.
Definitions:
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection
of information that until 2007 was published in the Federal
Register but which now is only available through an online
database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. It continues to
be published in the Federal Register because that is what is
required by the 1980 Regulatory Flexibility Act.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for
development.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center.
``Regulatory Agenda preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility
Agenda and introduces both the Regulatory Flexibility Agenda and
the e-Agenda.
``Rulemaking Gateway'' refers to a new online portal to EPA's
priority rules with earlier and more frequently updated information
about Agency regulations. More information about the Rulemaking
Gateway appears in section H of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Phil Schwartz
([email protected]; 202-564-6564) or Caryn Muellerleile
([email protected]; 202-564-2855).
TO BE PLACED ON A MAILING LIST FOR UPDATED INFORMATION ON RULES UNDER
DEVELOPMENT: If you would like to receive an e-mail with a link to new
semiannual regulatory agendas as soon as they are published, please
send an e-mail message with your name and address to: nscep@bps-
lmit.com and put ``E-Regulatory Agenda: Electronic Copy'' in the
subject line.
If you would like to regularly receive information about the
rules newly approved for development, sign up for our monthly
Action Initiation List by going to http://www.epa.gov/lawsregs/
search/ail.htmlnotification and completing the steps
listed there.
You can track progress on various aspects of EPA's priority
rulemakings by signing up for RSS feeds from the Rulemaking Gateway
at http://yosemite.epa.gov/opei/RuleGate.nsf/content/
getalerts.html?opendocument.
If you would like to receive a hard copy of the semiannual
agenda about 2 to 3 months after publication, call 800-490-9198 or
send an e-mail with your name and complete address to: nscep@bps-
lmit.com and put ``Regulatory Agenda Hard Copy'' in the subject
line. We are ending distribution of hard copies of the Agenda after
the Fall 2010 edition. You will still, however, be able to download
and print a Federal Register style version of the EPA's Agenda at
www.epa.gov/lawsregs/search/regagenda.html.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda Information
B. What Are EPA's Regulatory Goals and What Key Principles, Statutes,
and Executive Orders Guide Our Rule and Policymaking Process?
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
D. What Actions Are Included in the Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
G. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Type Information
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Federal Register
Type of Information Online Locations Location
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Semiannual Regulatory Agenda www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
www.epa.gov/lawsregs/ search/regagenda.html
[[Page 79845]]
FY 2011 Regulatory Plan Go to: Regulations.gov and put ``EPA-HQ-OA-2010-0915-0002'' Part II of today's issue
in the key word box
Semiannual Regulatory Flexibility Agenda www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
www.epa.gov/lawsregs/ search/regagenda.html issue
Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/ Not in FR
main?main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http://
www.epa.gov/lawsregs/ search/ail.html
Rulemaking Gateway www.epa.gov/rulemaking/ Not in FR
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B. What Are EPA's Regulatory Priorities, and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
Priorities
To guide the Agency's efforts in 2011 and subsequent years,
Administrator Lisa P. Jackson has established the following seven
guiding principles. For a more extensive discussion of these
principles please see our FY 2011 Regulatory Plan.
1. Taking Action on Climate Change: In 2009 EPA finalized an
endangerment finding on greenhouse gases; issued the first national
rules to reduce greenhouse-gas emissions under the Clean Air Act;
and initiated a national reporting system for greenhouse gas
emissions. In 2010, EPA and NHTSA announced a joint final rule
establishing a historic national program that will dramatically
reduce greenhouse gas emissions and improve fuel economy for new
cars and trucks sold in the United States. The mobile sources
addressed in that regulatory action -- light-duty vehicles and
heavy-duty vehicles --accounted for 23 percent of all U.S.
greenhouse gas emissions in 2007. While EPA stands ready to help
Congress craft strong, science-based climate legislation that
addresses the spectrum of issues, the Agency will deploy existing
regulatory tools as they are available and warranted.
2. Improving Air Quality: Since passage of the Clean Air Act
Amendments in 1990, nationwide air quality has improved
significantly for the six criteria air pollutants for which there
are national ambient air quality standards. Despite this progress,
about 127 million Americans lived in counties with air considered
unhealthy in 2008. Long-term exposure to air pollution can cause
cancer and damage to the immune, neurological, reproductive,
cardiovascular, and respiratory systems. Because people spend much
of their lives indoors, the quality of indoor air is also a major
concern.
3. Assuring the Safety of Chemicals: One of EPA's highest
priorities is to make significant and long overdue progress in
assuring the safety of chemicals. On September 29, 2009,
Administrator Jackson announced clear principles to guide Congress
in writing a new chemical risk management law that will fix the
weaknesses in Toxic Substances Control Act (TSCA). EPA is shifting
its focus to addressing high-concern chemicals and filling data
gaps on widely-produced chemicals in commerce.
4. Cleaning Up Our Communities: In 2009, EPA accelerated its
Superfund program and confronted significant local environmental
challenges like the asbestos Public Health Emergency in Libby,
Montana and the coal ash spill in Kingston, Tennessee.
5. Protecting America's Waters: America's water bodies are
imperiled as never before. Water quality and enforcement programs
face complex challenges, from nutrient loadings and storm water
runoff to invasive species and drinking water contaminants. These
challenges demand both traditional and innovative strategies.
6. Expanding the Conversation on Environmentalism and Working
for Environmental Justice: Environmentalism has been described as a
conversation that we all must have because it is about protecting
people in the places they live, work, and raise families. The
Agency is now focusing on expanding the conversation to include new
stakeholders and involve communities in more direct ways.
7. Building Strong State and Tribal Partnerships: EPA's success
depends more than ever on working with increasingly capable and
environmentally conscious partners. The Agency works with the
States and Tribes, business and industry, nonprofit organizations,
environmental groups, and educational institutions in a wide
variety of collaborative efforts. States and tribal nations bear
important responsibilities for the day-to-day mission of
environmental protection.
Other Key Principles, Statutes, and Executive Orders Guiding Our Rule
and Policymaking Process
EPA's strength has always been our ability to adapt to the
constantly changing face of environmental protection as our economy
and society evolve, and science teaches us more about how humans
interact with and affect the natural world. Now, more than ever,
EPA must be innovative and forward looking because the
environmental challenges faced by Americans all across our country
are unprecedented.
Besides the fundamental environmental laws authorizing EPA
actions such as the Clean Air Act and Clean Water Act, there are
legal requirements that apply to the issuance of regulations that
are generally contained in the Administrative Procedure Act, the
Regulatory Flexibility Act as amended by the Small Business
Regulatory Enforcement Fairness Act, the Unfunded Mandates Reform
Act, the Paperwork Reduction Act, the National Technology Transfer
and Advancement Act, and the
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Congressional Review Act. We also must meet a number of
requirements contained in Executive Orders 12866 (Regulatory
Planning and Review; 58 FR 51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629; February 16, 1994), 13045
(Children's Health Protection; 62 FR 19885; April 23, 1997), 13132
(Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation and
Coordination with Indian Tribal Governments; 65 FR 67249; November
9, 2000), 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22,
2001).
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
You can make your voice heard by getting in touch with the
contact person provided in each agenda entry. We urge you to
participate as early in the process as possible. You may also
participate by commenting on proposed rules that we publish in the
Federal Register (FR).
Instructions on how to submit your comments are provided in
each of our Notices of Proposed Rulemaking (NPRMs). To be most
effective, comments should contain information and data that
support your position, and you also should explain why we should
incorporate your suggestion in the rule or nonregulatory action.
You can be particularly helpful and persuasive if you provide
examples to illustrate your concerns and offer specific
alternatives.
We believe our actions will be more cost-effective and
protective if our development process includes stakeholders working
with us to identify the most practical and effective solutions to
problems, and we stress this point most strongly in all of our
training programs for rule and policy developers. Democracy gives
real power to individual citizens, but with that power comes
responsibility. We urge you to become involved in EPA's rule and
policymaking process. For more information about public involvement
in EPA activities, please visit www.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations and certain major policy documents in
the e-Agenda. However, there is no legal significance to the
omission of an item from the agenda, and we generally do not
include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions
from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide Act:
Registration-related decisions, actions affecting the status of
currently registered pesticides, and data call-ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under the Resource Conservation and Recovery Act:
Authorization of State solid waste management plans; hazardous waste
delisting petitions;
Under the Clean Water Act: State Water Quality Standards;
deletions from the section 307(a) list of toxic pollutants; suspensions
of toxic testing requirements under the National Pollutant Discharge
Elimination System (NPDES); delegations of NPDES authority to States;
Under the Safe Drinking Water Act: Actions on State
underground injection control programs.
The Regulatory Flexibility Agenda normally includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act. There are four rules for
610 reviews in 2010.
E. How Is the E-Agenda Organized?
You can now choose how both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda are organized. Current
choices include: EPA subagency; stage of rulemaking, explained
below; alphabetically by title; and by the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is
added to the agenda.
Stages of rulemaking include:
1. Prerulemaking--Prerulemaking actions are generally intended
to determine whether EPA should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking, such
as Advance Notices of Proposed Rulemaking (ANPRMs studies or
analyses of the possible need for regulatory action, announcement
of reviews of existing regulations required under section 610 of
the Regulatory Flexibility Act, requests for public comment on the
need for regulatory action, or important preregulatory policy
proposals).
2. Proposed Rule--This section includes EPA rulemaking actions
that are within a year of proposal (publication of Notices of
Proposed Rulemakings (NPRMs)).
3. Final Rule--This section includes rules that will be issued
as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for
which the next scheduled regulatory action is after October 2011.
We urge you to explore becoming involved even if an action is
listed in the Long-Term category. By the time an action is listed
in the Proposed Rules category you may have missed the opportunity
to participate in certain public meetings or policy dialogues.
5. Completed Actions--This section contains actions that have
been promulgated and published in the Federal Register since
publication of the spring 2010. It also includes actions that EPA
is no longer considering. If an action appears in the completed
section, it will not appear in future agendas unless we decide to
initiate action again, in which case it will appear as a new entry.
EPA also announces the results of the Regulatory Flexibility Act
section 610 reviews in this section of the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
Regulatory Flexibility Agenda entries include:
Sequence Number, RIN, Title, Description, Statutory Authority,
Section 610 Review, if applicable, Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The
[[Page 79847]]
notation ``Section 610 Review'' follows the title if we are
reviewing the rule as part of our periodic review of existing rules
under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C.
610).
Priority: Entries are placed into one of five categories
described below. OMB reviews all significant rules including both
of the first two categories, ``economically significant'' and
``other significant.''
Economically Significant: Under E.O. 12866, a rulemaking action
that may have an annual effect on the economy of $100 million or
more, or adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations
of recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in
Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of
Federal Regulations (e.g., certain State Implementation Plans,
National Priority List updates, Significant New Use Rules, State
Hazardous Waste Management Program actions, and Tolerance
Exemptions). If an action that would normally be classified Routine
and Frequent is reviewed by the Office of Management and Budget
under E.O. 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O.
12866.
Also, if we believe that a rule may be ``Major'' as defined in
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is
likely to result in an annual effect on the economy of $100 million
or more or meets other criteria specified in this law, we indicate
this under the ``Priority'' heading with the statement ``Major
under 5 USC 801.''
Legal Authority: The sections of the United States Code (USC),
Public Law (PL), Executive Order (EO), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations
that would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to
a statutory or judicial deadline, the date of that deadline, and
whether the deadline pertains to a Notice of Proposed Rulemaking, a
Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates (and citations) that documents for this
action were published in the Federal Register and, where possible,
a projected date for the next step. Projected publication dates
frequently change during the course of developing an action. The
projections in the agenda are our best estimates as of the date we
submit the agenda for publication. For some entries, the timetable
indicates that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA
has prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA.
Generally, such an analysis is required for proposed or final rules
subject to the RFA that EPA believes may have a significant
economic impact on a substantial number of small entities.
Small Entities Affected: Indicates whether we expect the rule
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether we expect the
rule to have any effect on levels of government and, if so, whether
the governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is
expected to have substantial direct effects on the States, on the
relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the Unfunded Mandates Reform
Act generally requires an assessment of anticipated costs and
benefits if a rule includes a mandate that may result in
expenditures of more than $100 million in any one year by State,
local, and tribal governments, in the aggregate, or by the private
sector. If we expect to exceed this $100 million threshold, we note
it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under E.O. 13211.
International Trade Impacts: Indicates whether the action is
likely to have international trade or investment effects, or
otherwise be of international interest.
Agency Contact: The name, address, phone number, and e-mail
address, if available, of a person who is knowledgeable about the
regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some of our actions, we include the Internet
addresses for reading copies of rulemaking documents, submitting
comments on proposals, and getting more information about the
rulemaking and the program of which it is a part. (Note: To submit
comments on proposals, you can go to our electronic docket, which
is at www.regulations.gov. Once there, follow the online
instructions to access the docket and submit comments. A docket
identification (ID) number will assist in the search for materials.
We include this number in the additional information section of
many of the agenda entries that have already been proposed.)
RIN: The Regulation Identifier Number is used by OMB to
identify and track rulemakings. The first four digits of the RIN
stand for the EPA office with lead responsibility for developing
the action.
G. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of new rulemakings that the
Agency's senior managers have decided that we
[[Page 79848]]
should develop. We also distribute this list via e-mail. You can
see the current list, which we call the Action Initiation List at
http://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 http://www.reginfo.gov/ Searchable Database
The Regulatory Information Service Center and Office of
Information and Regulatory Affairs have revised a Federal
regulatory dashboard and continue to allow users to view the
Regulatory Agenda database (http://www.reginfo.gov/public/do/
eAgendaMain), which includes powerful search, display, and data
transmission options. At that site you can:
1. See the preamble. At the URL listed above for the Unified
Agenda and Regulatory Plan, find ``Current Agenda Agency
Preambles.'' Environmental Protection Agency is listed
alphabetically under ``Other Executive Agencies.''
2. Get a complete list of EPA's entries in the current edition
of the Agenda. Use the drop-down menu in the ``Select Agency'' box
to find Environmental Protection Agency and ``Submit.''
3. View the contents of all of EPA's entries in the current
edition of the Agenda. Choose ``Search'' from the ``Unified
Agenda'' selection in the toolbar at the top of the page. Within
the ``Search of Agenda/Regulatory Plan'' screen, open ``Advanced
Search,'' then ``Continue.'' Select ``Environmental Protection
Agency'' and ``Continue.'' Select ``Search,'' then ``View All RIN
Data (Max 350).''
4. Get a listing of entries with specified characteristics.
Follow the procedure described immediately above for viewing the
contents of all entries, but on the screen entitled ``Advanced
Search - Select Additional Fields,'' choose the characteristics you
are seeking before ``Search.'' For example, if you wish to see a
listing of all economically significant actions that may have a
significant economic impact on a substantial number of small
businesses, you would check ``Economically Significant'' under
``Priority'' and ``Business'' under ``Regulatory Flexibility
Analysis Required.''
5. Download the results of your searches in XML format.
2. Subject Matter EPA Websites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency
typically establishes a docket to accumulate materials throughout
the development process for that rulemaking. The docket serves as
the repository for the collection of documents or information
related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also
be used for Regulatory Flexibility Act section 610 reviews of rules
with significant economic impacts on a substantial number of small
entities and for various nonrulemaking activities, such as Federal
Register documents seeking public comments on draft guidance,
policy statements, information collection requests under the
Paperwork Reduction Act, and other non-rule activities. Docket
information should be in that action's agenda entry. All of EPA's
public dockets can be located at www.regulations.gov.
4. EPA's Rulemaking Gateway
EPA's Rulemaking Gateway (www.epa.gov/rulemaking/) serves as a
portal to EPA's priority rules, providing you with earlier and more
frequently updated information about Agency regulations than is
provided by the Regulatory Agenda.
The Rulemaking Gateway provides information as soon as work
begins and provides updates on a monthly basis as new information
becomes available. Time-sensitive information, such as notice of a
public meeting, is updated on a daily basis. Not all of EPA's
Regulatory Agenda entries appear on the Rulemaking Gateway; only
priority rulemakings can be found on the Gateway.
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within
10 years of promulgation, each rule that has or will have a
significant economic impact on a substantial number of small
entities. EPA has four rules scheduled for 610 review in 2010.
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Rule Being Reviewed RIN Docket ID
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National Primary Drinking Water Regulations: Radionuclides 2040-AF19.................................................. EPA-HQ-OW-2010-0166
(Section 610 Review)
Effluent Guidelines and Standards for the Centralized Waste 2040-AF18.................................................. EPA-HQ-OW-2010-0169
Treatment Industry (Section 610 Review)
Tier II Light-Duty Vehicle and Light-Duty Truck Emission 2060-AQ12.................................................. EPA-HQ-OAR-2010-0052
Standards and Gasoline Sulfur Standards (Section 610 Review)
National Primary Drinking Water Regulations; Arsenic and 2040-AF24.................................................. EPA-HQ-OW-2010-0728
Clarifications to Compliance and New Source Contaminants
Monitoring (Section 610 Review)
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EPA has established official public dockets for these 610
Reviews under the docket identification (ID) numbers as indicated
above. All documents in the dockets are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available; e.g., confidential business
information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly
available only in hard copy form.
[[Page 79849]]
Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
applicable program (Water or Air) docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Avenue NW., Washington, DC 20460. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for
the Public Reading Room is (202) 566-1744. Unless otherwise
indicated, please direct your comments to the identified docket ID
number for the specific 610 Review item. For these 610 Reviews,
please DO NOT submit CBI or information that is otherwise protected
by statute. You may submit comments using one of the following
methods:
1. Electronically. Go directly to www.regulations.gov and find
``Advanced Docket Search.'' Enter the appropriate docket ID number.
The system is an ``anonymous access'' system, which means EPA will
not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment. If
you do submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment. EPA's policy is
that EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as
part of the comment that is placed in the official public docket
and made available in EPA's electronic public docket.
2. By Mail. Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Docket [insert
applicable docket number], 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver your comments,
identified by the Docket [insert applicable docket
number], to: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20460. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is (202) 566-1744. Such deliveries are
only accepted during the docket center's normal hours of operation
as identified above. For more information on EPA's docket center,
please visit http://www.epa.gov/epahome/dockets.htm.
Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to
consider these late comments. For this action, please DO NOT submit
CBI or information that is otherwise protected by statute.
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
For each of our rulemakings, we consider whether there will be
any adverse impact on any small entity. We attempt to fit the
regulatory requirements, to the extent feasible, to the scale of
the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under RFA/SBREFA (the Regulatory Flexibility Act as amended by
the Small Business Regulatory Enforcement Fairness Act), the Agency
must prepare a formal analysis of the potential negative impacts on
small entities, convene a Small Business Advocacy Review Panel
(proposed rule stage), and prepare a Small Entity Compliance Guide
(final rule stage) unless the Agency certifies a rule will not have
a significant economic impact on a substantial number of small
entities. For more detailed information about the Agency's policy
and practice with respect to implementing RFA/SBREFA, please visit
the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.
For a list of the rules under development for which a
Regulatory Flexibility Analysis will be required, go to http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in
protecting human health and the environment. Collaborative efforts
such as EPA's open rulemaking process are a valuable tool for
addressing the problems we face, and the regulatory agenda is an
important part of that process.
Dated: September 10, 2010
Louise Wise,
Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.
CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
443 Revision of New Source Performance Standards for New Residential Wood Heaters......... 2060-AP93
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
444 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, 2060-AM44
Commercial, and Institutional Boilers (Reg Plan Seq No. 149)..........................
445 National Emission Standards for Hazardous Air Pollutants for Major Sources: 2060-AQ25
Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq
No. 154)..............................................................................
446 Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ36
From Palm Oil.........................................................................
[[Page 79850]]
447 Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ49
From Pulpwood.........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
448 SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products............. 2060-AP69
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
449 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur 2060-AQ12
Standards (Completion of a Section 610 Review)........................................
450 Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program 2060-AQ35
From Canola Oil.......................................................................
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
451 Pesticides; Reconsideration of Exemptions for Insect Repellents....................... 2070-AJ45
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
452 Pesticides; Certification of Pesticide Applicators.................................... 2070-AJ20
453 Pesticides; Agricultural Worker Protection Standard Revisions......................... 2070-AJ22
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
454 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 2070-AJ57
Painting Program (Reg Plan Seq No. 155)...............................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
455 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, 2070-AJ55
and Painting Program..................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 79851]]
CLEAN WATER ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
456 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 2040-AF18
(Section 610 Review)..................................................................
----------------------------------------------------------------------------------------------------------------
CLEAN WATER ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
457 Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan 2040-AF13
Seq No. 146)..........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
458 National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance 2040-AF24
and New Source Contaminants Monitoring (Section 610 Review)...........................
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
459 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
460 National Primary Drinking Water Regulations: Radionuclides (Completion of a Section 2040-AF19
610 Review)...........................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act
_______________________________________________________________________
443. REVISION OF NEW SOURCE PERFORMANCE STANDARDS FOR NEW RESIDENTIAL
WOOD HEATERS
Legal Authority: CAA sec 111
Abstract: EPA is revising the New Source Performance Standards (NSPS)
for residential wood heaters under the Clean Air Act section
111(b)(1)(B). This action is necessary because it updates the 1988 NSPS
to reflect significant advancements in wood heater technologies and
design, broaden the range of residential wood heating appliances
covered by the regulation, and improve and streamline implementation
procedures. This rule is expected to require manufacturers to redesign
wood heaters to be cleaner and lower emitting. In general, the design
changes will also make the heaters perform better and be more
efficient. The revisions are also expected to retain the requirement
for manufacturers to contract for testing of model lines by third-party
independent laboratories, report the results to EPA, and label the
models accordingly. This action does not apply to existing residential
woodstoves, pellet stoves and other residential biomass heating units.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/11
Final Action 07/00/12
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, Research Triangle Park, NC 27711
Phone: 919 541-5272
Fax: 919 541-0242
Email: [email protected]
[[Page 79852]]
David Cole, Environmental Protection Agency, Air and Radiation, C404-
05, Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: [email protected]
RIN: 2060-AP93
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Clean Air Act
_______________________________________________________________________
444. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS
Regulatory Plan: This entry is Seq. No. 149 in part II of this issue
of the Federal Register.
RIN: 2060-AM44
_______________________________________________________________________
445. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR MAJOR
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND PROCESS
HEATERS
Regulatory Plan: This entry is Seq. No. 154 in part II of this issue
of the Federal Register.
RIN: 2060-AQ25
_______________________________________________________________________
446. SUPPLEMENTAL DETERMINATIONS FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PALM OIL
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such biofuels produced from palm oil, could not be completed
in time for the final rule. In the process of assessing these fuels,
the Agency is issuing determinations through several supplemental
notices to the final rule.For this supplemental notice, EPA plans to
publish a final determination for ethanol produced and biomass-based
diesel produced from palm oil. The Agency will issue a Direct Final
Notice of Supplemental Determination in early November.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]
RIN: 2060-AQ36
_______________________________________________________________________
447. SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PULPWOOD
Legal Authority: Clean Air Act Section 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as renewable fuels from pulpwood could not be completed
in time for the final rule. In the process of assessing these fuels,
the Agency is issuing determinations through several supplemental
notices to the final rule. For this supplemental notice, EPA plans to
publish a final determination for cellulosic biofuels produced from
pulpwood. The Agency will issue a Direct Final Notice of Supplemental
Determination in February.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 02/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]
RIN: 2060-AQ49
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Clean Air Act
_______________________________________________________________________
448. NESHAP: BRICK AND STRUCTURAL CLAY PRODUCTS AND CLAY PRODUCTS
Legal Authority: Not Yet Determined
Abstract: This rulemaking will establish emission limits for hazardous
air pollutants (HF, HCl and metals) emitted from brick and clay
ceramics kilns and glazing operations at clay ceramics production
facilities. The brick and structural clay products industry primarily
includes facilities that manufacture brick, clay, pipe, roof tile,
extruded floor and wall tile, and other extruded dimensional clay
products from clay, shale, or a combination of the two. The
manufacturing of brick and structural clay products involves mining,
raw material processing (crushing, grinding,
[[Page 79853]]
and screening), mixing, forming, cutting or shaping, drying, and
firing. Ceramics are defined as a class of inorganic, nonmetallic
solids that are subject to high temperature in manufacture and/or use.
The clay ceramics manufacturing source category includes facilities
that manufacture traditional ceramics, which include ceramic tile,
dinnerware, sanitaryware, pottery, and porcelain. The primary raw
material used in the manufacture of these traditional ceramics is clay.
The manufacturing of clay ceramics involves raw material processing
(crushing, grinding, and screening), mixing, forming, shaping, drying,
glazing, and firing.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jeff Telander, Environmental Protection Agency, Air and
Radiation, D243-02, Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: [email protected]
Steve Fruh, Environmental Protection Agency, Air and Radiation, 1200
Pennsylvania Ave, NW, Washington, DC 20460
Phone: 919 541-2837
Fax: 919 541-4991
Email: [email protected]
RIN: 2060-AP69
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Clean Air Act
_______________________________________________________________________
449. TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK EMISSION STANDARDS
AND GASOLINE SULFUR STANDARDS (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a
regulation to require emission standards for light-duty vehicles and
light-duty trucks through lowering tailpipe emission standards.
Specifically, EPA sought to reduce emissions of nitrogen oxides and
non-methane hydrocarbons, pollutants which contribute to ozone
pollution. The rulemaking also provided limitations on the sulfur
content of gasoline available nationwide. Sulfur in gasoline has a
detrimental impact on catalyst performance and could be a limiting
factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February
19, 2010, EPA initiated a review of this rule to determine if it should
be continued without change, or should be rescinded or amended to
minimize adverse economic impacts on small entities (75 FR 7426). EPA
has solicited comments on, the following factors: (1) The continued
need for the rule; (2) the nature of complaints or comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with other Federal,
State, or local government rules; and (5) the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule. No relevant comments were received, and EPA
has concluded that the rule needs no revisions at this time to minimize
impacts on small entities. See EPA's report summarizing the results of
this review in the docket EPA-HQ-OAR-2010-0052. This docket can be
accessed at www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 02/10/00 65 FR 6698
Begin Review 02/19/10 75 FR 7426
End Comment Period 03/22/10
End Review 06/11/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Tad Wysor, Environmental Protection Agency, Air and
Radiation, USEPA, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: [email protected]
Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: [email protected]
RIN: 2060-AQ12
_______________________________________________________________________
450. SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM CANOLA OIL
Legal Authority: Clean Air Act sec 211(o)
Abstract: As indicated in the final rule for the Renewable Fuels
Standard Program, while the Agency issued lifecycle greenhouse gas
(GHG) threshold determinations for the major fuel pathways projected to
meet the bulk of the RFS volume mandates, assessments of other new fuel
pathways such as biodiesel from canola could not be completed in time
for the final rule. In the process of assessing these fuels, the Agency
is issuing determinations through several supplemental notices to the
final rule.
For this supplemental notice, EPA plans to publish a final
determination for biomass-based diesel produced from canola oil. The
Agency will issue a Direct Final Notice of Supplemental Determination
in mid-September.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Action 09/28/10 75 FR 59622
Final Action Effective 09/28/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]
David Korotney, Environmental Protection Agency, Air and Radiation,
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]
RIN: 2060-AQ35
[[Page 79854]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
_______________________________________________________________________
451. PESTICIDES; RECONSIDERATION OF EXEMPTIONS FOR INSECT REPELLENTS
Legal Authority: 7 USC 136a; 7 USC 136w
Abstract: EPA is developing rulemaking to modify the minimum risk
pesticides exemption under 40 CFR 152.25(f) to exclude personally
applied insect repellents from the exemption and require an abbreviated
data set for such products. EPA is taking this action because these
pesticides claim to control pests of significant public health
importance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathryn Boyle, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 7506P, Washington, DC
20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: [email protected]
Niva Kramek, Environmental Protection Agency, Office of Chemical Safety
and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 605-1193
Fax: 703 305-5884
Email: [email protected]
RIN: 2070-AJ45
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
_______________________________________________________________________
452. PESTICIDES; CERTIFICATION OF PESTICIDE APPLICATORS
Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w
Abstract: EPA is proposing change the federal regulations under the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that guide
the certified pesticide applicator program (40 CFR 171). Change is
sought to strengthen the regulations to better protect pesticide
applicators and the public and the environment from harm due to
pesticide exposure. The possible need for change arose from EPA
discussions with key stakeholders. EPA has been in extensive
discussions with stakeholders since 1997 when the Certification and
Training Assessment Group (CTAG) was established. CTAG is a forum used
by regulatory and academic stakeholders to discuss the current state
of, and the need for improvements in, the national certified pesticide
applicator program. Throughout these extensive interactions with
stakeholders, EPA has learned of the potential need for changes to the
regulation.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/00/12
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ20
_______________________________________________________________________
453. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS
Legal Authority: 7 USC 136; 7 USC 136w
Abstract: EPA is developing a proposal under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA) to revise the federal regulations
guiding agricultural worker protection (40 CFR 170). The changes under
consideration are intended to improve agricultural workers' ability to
protect themselves from potential exposure to pesticides and pesticide
residues. In addition, EPA is proposing to make adjustments to improve
and clarify current requirements and facilitate enforcement. Other
changes sought are to establish a right-to-know Hazard Communication
program and make 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 FR Cite
________________________________________________________________________
NPRM 01/00/12
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ22
[[Page 79855]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
454. LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR THE
RENOVATION, REPAIR, AND PAINTING PROGRAM
Regulatory Plan: This entry is Seq. No. 155 in part II of this issue
of the Federal Register.
RIN: 2070-AJ57
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
455. LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE
RENOVATION, REPAIR, AND PAINTING PROGRAM
Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC
2686; 15 USC 2687
Abstract: As part of a lawsuit settlement, EPA agreed to make several
revisions to the 2008 Lead Renovation, Repair, and Painting Program
(RRP) rule that established accreditation, training, certification, and
recordkeeping requirements as well as work practice standards on
persons performing renovations for compensation in most pre-1978
housing and child-occupied facilities. In October of 2009, EPA proposed
amendments to the opt-out provision that currently exempts a renovator
from the training and work practice requirements of the rule when he or
she obtains a certification from the owner of a residence he or she
occupies that no child under age 6 or pregnant women resides in the
home and the home is not a child-occupied facility. EPA also proposed
revisions that involve renovation firms providing the owner with a copy
of the records they are currently required to maintain to demonstrate
compliance with the training and work practice requirements of the RRP
rule and, if different, providing the information to the occupant of
the building being renovated or the operator of the child-occupied
facility. In addition to the proposed amendments, EPA considered
various minor amendments to the regulations concerning training
provider accreditations, renovator certifications and State and Tribal
program requirements. In May, 2010, EPA published a final rule
eliminating the opt-out provision and finalizing the other provisions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/28/09 74 FR 55506
Final Action 05/06/10 75 FR 24802
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Marc Edmonds, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 7404T, Washington, DC
20460
Phone: 202 566-0758
Email: [email protected]
Michelle Price, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: [email protected]
RIN: 2070-AJ55
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Clean Water Act
_______________________________________________________________________
456. EFFLUENT GUIDELINES AND STANDARDS FOR THE CENTRALIZED WASTE
TREATMENT INDUSTRY (SECTION 610 REVIEW)
Legal Authority: 5 USC 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 off-site. The regulation established wastewater discharge
standards for three major types of wastes: metal-bearing, 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 is considering, and has solicited comments on, the
following factors: (1) the continued need for the rule; (2) the nature
of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule. The
comment period closed July 31, 2010. The Docket ID number is EPA-HQ-OW-
2010-0169. EPA will summarize the results of this review in a report
and place that report in the rulemaking docket referenced above. You
can access that docket at www.regulations.gov.
EPA continues to view the effluent limitations for the CWT category as
a necessary component of the
[[Page 79856]]
comprehensive program to restore and maintain the quality of our
Nation's waters. EPA intends to continue to require compliance with the
regulation. Until and unless the Agency modifies the rule, the
discharges described in 40 CFR 437.1 remain subject to the final rules.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 12/22/00 65 FR 81241
Begin Review 04/26/10 75 FR 21882
End Comment Period 07/31/10 75 FR 21882
End Review 12/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Erik Helm, Environmental Protection Agency, Water,
4303T, Washington, DC 20460
Phone: 202 566-1049
Email: [email protected]
RIN: 2040-AF18
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Water Act
_______________________________________________________________________
457. STORMWATER REGULATIONS REVISION TO ADDRESS DISCHARGES FROM
DEVELOPED SITES
Regulatory Plan: This entry is Seq. No. 146 in part II of this issue
of the Federal Register.
RIN: 2040-AF13
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
458. NATIONAL PRIMARY DRINKING WATER REGULATIONS;
ARSENIC AND CLARIFICATIONS TO COMPLIANCE AND NEW SOURCE CONTAMINANTS
MONITORING (SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On January 22, 2001, EPA revised the Maximum Contaminant
Level (MCL) for arsenic to 0.010 mg/L (10.0 [micro]g/L). This
regulation applies to non-transient non-community water systems and to
community water systems (66 FR 6976). While EPA has taken steps to
evaluate and mitigate impacts on small entities as part of the
promulgation of the Arsenic Rule, this new entry in the regulatory
agenda announces that EPA will review the National Primary Drinking
Water Rule (NPDWR) for arsenic pursuant to section 610 of the
Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA
will consider and solicit comments on the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal, State, or local government rules; and (5) the degree to which
the technology, economic conditions or other factors have changed in
the area affected by the rule. Comments must be received within 60 days
of this notice. In submitting comments, please reference Docket ID EPA-
HQ-OW-2010-0728 and follow the instructions provided in the preamble to
this issue of the Regulatory Agenda. This docket can be accessed at
www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 01/22/01 66 FR 6976
Initiate 610 Review 12/00/10
End Comment Period 01/00/11
Completion of 610 Review 10/00/11
Regulatory Flexibility Analysis Required: No
Agency Contact: Stephanie Flaharty, Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]
Wynne Miller, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: [email protected]
RIN: 2040-AF24
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
459. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON
Legal Authority: 42 USC 300f, et seq
Abstract: In 1999, EPA proposed regulations for radon which provide
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
[[Page 79857]]
the proposal, public water systems in States that adopted qualifying
MMM programs would be subject to the AMCL, while those in States that
did not adopt such programs would be subject to the MCL.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/30/86 51 FR 34836
NPRM original 07/18/91 56 FR 33050
Notice99 02/26/99 64 FR 9560
NPRM 11/02/99 64 FR 59246
Final Action To Be Determined
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
Email: [email protected]
Eric Burneson, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Email: [email protected]
RIN: 2040-AA94
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
460. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADIONUCLIDES
(COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final
revised and/or new national primary drinking water regulations (NPDWRs)
for nonradon radionuclides as authorized by the Safe Drinking Water Act
(SDWA). In this action, referred to as the Radionuclides Rule, EPA
promulgated maximum contaminant level goals (MCLGs), maximum
contaminant levels (MCLs), monitoring, reporting, and public
notification requirements for gross alpha particle activity, combined
radium-226 and 228, beta particle and photon activity and uranium. The
Radionuclides Rule became effective on December 8, 2003.
Pursuant to section 610 of the Regulatory Flexibility Act, EPA has
reviewed this rule to determine if it should be continued without
change, or should be rescinded or amended to minimize adverse economic
impacts on small entities. This review was announced in the Regulatory
Agenda on April 26, 2010 (75 FR 21883). As part of this review, EPA
considered, and solicited comments on, the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal, State, or local government rules; and (5) the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule.
EPA received five comment letters. The results of EPA's review have
been summarized in a report and placed in the rulemaking docket (docket
number EPA-HQ-OW-2010- 0166 at www.regulations.gov). These results are
briefly summarized here.
There was consensus among the commenters about the continued need for
the Radionuclides Rule, because it serves as an important tool to
protect the health of people who get their drinking water from public
systems using sources of water with high levels of radionuclides.
While none of the commenters expressed a need to rescind the rule, most
of the comments were aimed at suggesting that the Agency make
clarifications in certain areas of the rule to aid small entities in
its rule compliance.
After reviewing all the comments regarding this Section 610 review the
Agency has concluded that revisions or amendments to the Radionuclides
rule are not warranted at this time. However, EPA is evaluating the
need to provide additional guidance and clarification on those issues
raised by the commenters to assist in the rule implementation.
The Agency bases its decision to not revise or amend the rule at this
time on the analysis conducted during the promulgation of the rule
which were aimed at reducing economic burden on small entities. Among
the measures that the Agency took to minimize impacts on small entities
are: (1) The selection of a less stringent MCL for uranium, (2) a
reduction in the overall monitoring frequencies for systems with
radionuclides levels less than the MCL, (3) allowance of grandfathered
data and State monitoring discretion for determining the initial
monitoring baseline, and (4) the exclusion of nontransient, non-
community water systems from the radionuclides regulations.
EPA will continue to evaluate the effectiveness of the Radionuclides
rule and the potential to decrease the rule's implementation burden
within the framework provided by the SDWA and other agency initiatives.
EPA continues to view the NPDWRs for radionuclides as important to
ensure and protect the health of consumers served by public drinking
water systems and intends to continue to require compliance with these
NPDWRs.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 12/07/00 65 FR 76708
Begin Review 04/26/10 75 FR 21883
End Comment Period 07/26/10
End Review 09/10/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Stephanie Flaharty, Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]
Tracy Bone, Environmental Protection Agency, Water, 4601M, Washington,
DC 20460
Phone: 202 564-5257
Fax: 202 564-3753
Email: [email protected]
RIN: 2040-AF19
[FR Doc. 2010-30459 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-S
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