Spring 2010 Regulatory Agenda

Part XIV

Environmental Protection Agency

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###Semiannual Regulatory Agenda###

[[Page 21872]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-9134-3]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0166

EPA-HQ-OAR-2010-0052

Spring 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 used to be published in the Federal Register

but which now are 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. This continues to

be published in the Federal Register because of a requirement of

the 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 portal to EPA's priority

rules with earlier and more concise 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 AN AGENDA MAILING LIST: 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: [email protected] 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 five steps

listed there. You may also track progress on EPA's priority

rulemakings by visiting the Rulemaking Gateway (www.epa.gov/

rulemaking/) or signing up for RSS feeds 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.

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 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

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

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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 Goals, and What Key Principles, Statutes,

and Executive Orders Guide Our Rule and Policymaking Process?

In outlining her agenda for the environment, Administrator

Jackson has outlined seven themes to focus the work of EPA. These

key goals shape everything we do.

Taking Action on Climate Change: Last year saw historic

progress in the fight against climate change, with a range of

greenhouse gas (GHG) reduction initiatives. We are continuing this

critical effort and ensuring compliance with the law. We continue

to support the President and Congress in enacting clean energy and

climate legislation. Using the Clean Air Act, we will finalize our

mobile source rules and provide a framework for continued

improvements in that sector. EPA is building on the success of

ENERGY STAR to expand cost-saving energy conservation and

efficiency programs. Additionally, we continue to develop common-

sense solutions for reducing GHG emissions from large stationary

sources like power plants. EPA recognizes that climate change will

affect other parts of its core mission, such as protecting air and

water quality, and includes those considerations in our future

plans.

Improving Air Quality: American communities face serious health

and environmental challenges from air pollution. There are already

proposed stronger ambient air quality standards for ozone, which

will help millions of Americans breathe more easily and live more

healthy lives. Building on that, EPA will develop a comprehensive

strategy for a cleaner and more efficient power sector, with strong

but achievable emission reduction goals for SO2, NOx, mercury, and

other air toxics. We will strengthen our ambient air quality

standards for pollutants such as PM, SO2, and NO2, and will achieve

additional reductions in air toxics from a range of industrial

facilities. Improved monitoring, permitting, and enforcement will

be critical building blocks for air quality improvement.

Assuring the Safety of Chemicals: One of EPA's highest

priorities is to make significant progress in assuring the safety

of chemicals in our products, our environment, and our bodies. Last

year, Administrator Jackson announced principles for modernizing

the Toxic Substances Control Act. Separately, we are shifting EPA's

focus to address high-concern chemicals and filling data gaps on

widely produced chemicals in commerce. EPA has released the first-

ever chemical management plans for five groups of substances, and

more plans are underway. Using our streamlined Integrated Risk

Information System, we will continue strong progress toward

rigorous, peer-reviewed health assessments on dioxins, arsenic,

formaldehyde, TCE, and other substances of concern.

Cleaning Up Our Communities: EPA has made strong cleanup

progress by accelerating our Superfund program and confronting

significant local environmental challenges like the asbestos public

health emergency in Libby, Montana, and the coal ash spill in

Kingston, Tennessee. Using all the tools at our disposal, including

enforcement and compliance efforts, we will continue to focus on

making communities safer and healthier. EPA is maximizing the

potential of the brownfields program to spur environmental cleanup

and job creation, particularly in disadvantaged communities. We are

also developing enhanced strategies for risk reduction in our

Superfund program and developing stronger partnerships with

stakeholders affected by our cleanups.

Protecting America's Waters: America's waterbodies are

imperiled as never before. Water quality and enforcement programs

face complex challenges, from nutrient loadings and stormwater

runoff to invasive species and drinking water contaminants. These

challenges demand both traditional and innovative strategies. EPA

continues its work on comprehensive watershed protection programs

for the Chesapeake Bay and Great Lakes. We have initiated measures

to address post-construction runoff, water quality impairment from

surface mining, and stronger drinking water protection. Recovery

Act funding is expanding construction of water infrastructure, and

we are working with states to develop nutrient limits.

Expanding the Conversation on Environmentalism and Working for

Environmental Justice: We have begun a new era of outreach and

protection for communities historically underrepresented in EPA

decisionmaking. EPA seeks strong working relationships with tribes,

communities of color, economically distressed cities and towns,

young people, and others. It is our goal to include environmental

justice principles in all of our decisions. The protection of

vulnerable subpopulations is a top priority, especially with regard

to children.

Building Strong State and Tribal Partnerships: States and

tribal nations bear important responsibilities for the day-to-day

mission of environmental protection, but declining tax revenues and

fiscal challenges are pressuring State agencies and tribal

governments to do more with fewer resources. Strong partnerships

and accountability are more important than ever. EPA supports State

and tribal capacity and, through strengthened oversight, is working

to ensure that programs are consistently delivered nationwide.

Where appropriate, we use our expertise and capacity to bolster

State and tribal efforts.

EPA's strength has always been our ability to adapt to the

constantly changing face of environmental protection as our economy

and society

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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 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).

Information on submitting comments to the rulemaking docket is

provided in each of our Notices of Proposed Rulemaking (NPRMs), and

we always accept comments through the www.regulations.gov

electronic docket. 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 minor amendments or 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 three rules

for 610 review in spring 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), significant 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 2011.

5. Completed Actions--This section contains actions that have been

promulgated and published in the Federal Register since publication of

the fall 2009 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 we decide to initiate action again, in

which case it will appear as a new entry. EPA also announces the

results

[[Page 21875]]

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 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.

SAN Number: An identification number that EPA uses to track

rulemakings and other actions under development.

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

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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 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 ``Agenda/Regulatory Plan Search'' in the top right

corner. Within the ``Agenda/Regulatory Plan Search'' 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 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 newly released online Rulemaking Gateway (www.epa.gov/

rulemaking/) serves as a portal to EPA's priority rules, providing

you with earlier and more concise information about Agency

regulations. It also allows users to search for EPA rules that

relate to specific interests, including impacts on small business;

children's health; environmental justice; and State, local, and

tribal government. 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 public meetings, 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. You may

access a definition of ``priority rulemakings'' here:

http://yosemite.epa.gov/ opei/RuleGate.nsf/content/

about.html?opendocument

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 three rules scheduled for 610 review in spring

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)

[[Page 21877]]

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)

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EPA has established official public dockets for these 610

Reviews under the docket dentification (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. 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 and for a list of

rules under development that may affect small entities, but not

significantly affect a substantial number of them, 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 solving 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: February 25, 2010.

Louise Wise,

Deputy Associate Administrator, Office of Policy, Economics, and

Innovation.

[[Page 21878]]

CLEAN AIR ACT--Prerule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

264 SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and 2060-AQ12

Gasoline Sulfur Standards (Section 610 Review)........................................

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

CLEAN AIR ACT--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

265 SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area 2060-AM44

Sources: Industrial, Commercial, and Institutional Boilers............................

266 National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, 2060-AQ25

Commercial, and Institutional Boilers and Process Heaters.............................

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

CLEAN AIR ACT--Completed Actions

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

Regulation

Sequence Title Identifier

Number Number

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

267 SAN No. 5250 Renewable Fuels Standard Program......................................... 2060-AO81

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

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions

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

Regulation

Sequence Title Identifier

Number Number

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

268 SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20

269 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22

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

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

270 SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, 2070-AJ57

Repair, and Painting Program..........................................................

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

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

271 SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the 2070-AJ55

Renovation, Repair, and Painting Program..............................................

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

CLEAN WATER ACT--Prerule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

272 SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment 2040-AF18

Industry (Section 610 Review).........................................................

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

[[Page 21879]]

SAFE DRINKING WATER ACT (SDWA)--Prerule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

273 SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610 2040-AF19

Review)...............................................................................

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

SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions

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

Regulation

Sequence Title Identifier

Number Number

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

274 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94

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

_______________________________________________________________________

Environmental Protection Agency (EPA) Prerule Stage

Clean Air Act

_______________________________________________________________________

264. TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK

EMISSION STANDARDS AND GASOLINE SULFUR STANDARDS (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). 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

results of EPA's review will be summarized in a report and placed in

the docket EPA-HQ-OAR-2010-0052. This docket can be accessed at

www.regulations.gov.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Rule 02/10/00 65 FR 6698

Begin Review 02/19/10 75 FR 7426

End Comment Period 03/22/10

End Review 10/00/10

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

_______________________________________________________________________

Environmental Protection Agency (EPA) Proposed Rule Stage

Clean Air Act

_______________________________________________________________________

265. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA

SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS

Legal Authority: Clean Air Act sec 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 develop emission standards for boilers located

at area sources. Section 112(k) requires development of standards for

area sources, which account for 90 percent of the emissions in urban

areas of the 30 urban (HAP) listed in the Integrated Urban Air Toxics

Strategy. These area source standards can require control levels which

are equivalent to either MACT or generally available control technology

(GACT). The Integrated Air Toxics Strategy lists industrial boilers and

commercial/institutional boilers as area source categories for

regulation pursuant to Section 112(c). Industrial boilers and

institutional/commercial boilers are on the list of section 112(c)(6)

source categories. In this rulemaking, EPA will develop standards for

these source categories.

[[Page 21880]]

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 04/00/10

Final Action 12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and

Radiation, C439-01, Research Triangle Park, NC 27711

Phone: 919 541-5426

Email: [email protected]

RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

D243-01, RTP, NC 27711

Phone: 919 541-1045

Fax: 919 541-5450

Email: [email protected]

RIN: 2060-AM44

_______________________________________________________________________

266. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR MAJOR SOURCE INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL

BOILERS AND PROCESS HEATERS

Legal Authority: Clean Air Act sec 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 develop 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 develop standards for

these source categories.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 04/00/10

Final Action 12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James Eddinger, Environmental Protection Agency, Air

and Radiation, C439-01, Research Triangle Park, NC 27711

Phone: 919 541-5426

Fax: 919 541-5450

Email: [email protected]

Robert J. Wayland, Environmental Protection Agency, Air and Radiation,

C439-01, RTP, NC 27711

Phone: 919 541-1045

Fax: 919 541-5450

Email: [email protected]

RIN: 2060-AQ25

_______________________________________________________________________

Environmental Protection Agency (EPA) Completed Actions

Clean Air Act

_______________________________________________________________________

267. RENEWABLE FUELS STANDARD PROGRAM

Legal Authority: Clean Air Act sec 211(o)

Abstract: This rulemaking will implement provisions in title II of the

2007 Energy Independence and Security Act (EISA) that amend section

211(o) of the Clean Air Act. The amendments revise the National

Renewable Fuels Standard Program in the United States, increasing the

national requirement to a total of 36 billion gallons of total

renewable fuel in 2022. Application of the new standards now apply to

diesel fuel producers in addition to gasoline producers and to nonroad

fuels in addition to highway fuels. The new requirements also establish

new renewable fuel categories and specific volume standards for

cellulosic and advanced renewable fuels, biomass based diesel and total

renewable fuels. Further, the amendments establish new eligibility

requirements for meeting the renewable fuel standards including

application of a specific definition for biomass, restrictions on what

land feedstocks can come from and establish minimum lifecycle

greenhouse gas reduction thresholds for the various categories of

renewable fuels.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 05/26/09 74 FR 24903

NPRM Comment Period Extended 07/07/09 74 FR 32091

NPRM Comment Period End 07/27/09

NPRM Comment Period Extended To 09/25/09

Final Action 03/26/10 75 FR 14670

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,

AAFC, Ann Arbor, MI 48105

Phone: 734 214-4507

Email: [email protected]

RIN: 2060-AO81

[[Page 21881]]

_______________________________________________________________________

Environmental Protection Agency (EPA) Long-Term Actions

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

_______________________________________________________________________

268. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS

Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w

Abstract: The EPA is proposing to 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 07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of

Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC

20460

Phone: 703 308-7002

Fax: 703 308-2962

Email: [email protected]

Richard Pont, Environmental Protection Agency, Office of Prevention,

Pesticides and Toxic Substances, 7506P, Washington, DC 20460

Phone: 703 305-6448

Fax: 703 308-2962

Email: [email protected]

RIN: 2070-AJ20

_______________________________________________________________________

269. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

Abstract: The 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 07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of

Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC

20460

Phone: 703 308-7002

Fax: 703 308-2962

Email: [email protected]

Richard Pont, Environmental Protection Agency, Office of Prevention,

Pesticides and Toxic Substances, 7506P, Washington, DC 20460

Phone: 703 305-6448

Fax: 703 308-2962

Email: [email protected]

RIN: 2070-AJ22

_______________________________________________________________________

Environmental Protection Agency (EPA) Proposed Rule Stage

Toxic Substances Control Act (TSCA)

_______________________________________________________________________

270. LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR 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: EPA intends to propose 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 children, especially younger children, are at risk for high

exposures of lead-based paint dust via hand-to-mouth exposure. For this

particular action, EPA will consider whether to establish additional

requirements to ensure that renovation work areas are adequately

cleaned after renovation work is finished and before the areas are re-

occupied. These additional requirements may include dust wipe testing

after renovations and ensuring that renovation work areas meet

clearance standards before re-occupancy.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 04/00/10

Final Action 07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office

of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC

20460

[[Page 21882]]

Phone: 202 566-0484

Email: [email protected]

Michelle Price, Environmental Protection Agency, Office of Prevention,

Pesticides and Toxic Substances, 7404T, Washington, DC 20460

Phone: 202 566-0744

Email: [email protected]

RIN: 2070-AJ57

_______________________________________________________________________

Environmental Protection Agency (EPA) Final Rule Stage

Toxic Substances Control Act (TSCA)

_______________________________________________________________________

271. 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 propose

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 2008, 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.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/28/09 74 FR 55506

NPRM Comment Period End 11/27/09

Final Action 04/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Marc Edmonds, Environmental Protection Agency, Office

of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC

20460

Phone: 202 566-0758

Email: [email protected]

Michelle Price, Environmental Protection Agency, Office of Prevention,

Pesticides and Toxic Substances, 7404T, Washington, DC 20460

Phone: 202 566-0744

Email: [email protected]

RIN: 2070-AJ55

_______________________________________________________________________

Environmental Protection Agency (EPA) Prerule Stage

Clean Water Act

_______________________________________________________________________

272. 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.

EPA announces this new action, pursuant to Section 610 of the

Regulatory Flexibility Act, to initiate 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. As part of this review, EPA will consider, and solicits

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. Comments must be received by 90 days from this publication. In

submitting comments, please reference Docket ID number EPA-HQ-OW-2010-

0169, and follow the instructions provided in an earlier section of the

preamble to this issue of the Regulatory Agenda. 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 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.

[[Page 21883]]

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Rule 12/22/00 65 FR 81241

Begin Review 04/00/10

End Comment Period 07/00/10

End Review 12/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Erik Helm, Environmental Protection Agency, 4303T,

Washington, DC 20460

Phone: 202 566-1049

Fax: 202 566-1053

Email: [email protected]

RIN: 2040-AF18

_______________________________________________________________________

Environmental Protection Agency (EPA) Prerule Stage

Safe Drinking Water Act (SDWA)

_______________________________________________________________________

273. NATIONAL PRIMARY DRINKING WATER REGULATIONS:

RADIONUCLIDES (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 non-radon radionuclides as authorized by the Safe Drinking Water

Act. 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. EPA developed

a Final Regulatory Flexibility Analysis for the Radionuclides Rule and

took several steps to lessen the impacts on small entities (i.e., small

systems). These steps included: (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 non-

transient, non-community water systems from the radionuclides

regulations. EPA continues to view the NPDWRs for radionuclides as

important components to ensuring and protecting the health of consumers

served by public drinking water systems and intends to continue to

require compliance with these NPDWRs.

While EPA has taken steps to evaluate and mitigate impacts on small

entities as part of the promulgation of the Radonuclides Rule, this new

entry in the regulatory agenda announces that EPA will review the

NPDWRs for radionuclides 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 90 days

of this notice. In submitting comments, please reference Docket ID EPA-

HQ-OW-2010-0166 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 12/07/00 65 FR 76708

Begin Review 04/00/10

End Comment Period 07/00/10

End Review 12/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water,

4101M, Washington, DC 20460

Phone: 202 564-0264

Fax: 202 564-0194

Email: [email protected]

Stephanie Flaharty, Environmental Protection Agency, Water, 4601M,

Washington, DC 20460

Phone: 202 564-5072

Fax: 202 564-3753

Email: [email protected]

RIN: 2040-AF19

_______________________________________________________________________

Environmental Protection Agency (EPA) Long-Term Actions

Safe Drinking Water Act (SDWA)

_______________________________________________________________________

274. 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 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

NPRM Comment Period End 01/03/00

Final Action To Be Determined

Regulatory Flexibility Analysis Required: Yes

[[Page 21884]]

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

[FR Doc. 2010-8940 Filed 04-23-10; 8:45 am]

BILLING CODE 6560-50-S