[No title available]

Part XII

Environmental Protection Agency

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Semiannual Regulatory Agenda

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ENVIRONMENTAL PROTECTION AGENCY (EPA)

_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-8770-9]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2009-0082

Spring 2009 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 will

continue 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 EPA's regulatory flexibility

agenda and introduces both the regulatory flexibility agenda and

EPA's e-agenda.

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.

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 (The E-Agenda; the online Agenda); wwww.reginfo.gov/, www.regulations.gov, and http:// Not in FR

approx. 300 entries, which include the expanded Regulatory www.epa.gov/lawsregs/ search/regagenda.html

Flexibility Agenda (approx. 8 entries; 25 data fields/entry)

Semiannual Regulatory Flexibility Agenda (approx. 8 entries; 9 www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's

data fields/entry) www.epa.gov/lawsregs/ search/regagenda.html issue

Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/main?main= Not in FR

DocketDetail&d=EPA-HQ-OA-2008-0265 and http://www.epa.gov/

lawsregs/ search/ail.html

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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 his agenda for the environment, President Obama

has articulated three values that he expects EPA to uphold. These

values will shape everything we do.

Science must be the backbone for EPA programs. The public

health and environmental laws that Congress has enacted depend on

rigorous adherence to the best available science. The President

believes that when EPA addresses scientific issues, it should rely

on the expert judgment of the Agency's career scientists and

independent advisors. When scientific judgments are suppressed,

misrepresented, or distorted by political agendas, Americans can

lose faith in their government to provide strong public health and

environmental protection.

EPA must follow the rule of law. The President recognizes

that respect for congressional mandates and judicial decisions is

the hallmark of a principled regulatory agency. Under our

environmental laws, EPA has room to exercise discretion, and

Congress has often looked to EPA to fill in the details of general

policies. However, EPA needs to exercise policy discretion in good

faith and in keeping with the directives of Congress and the

courts. When Congress has been explicit, EPA cannot misinterpret or

ignore the language Congress has used. When a court has determined

EPA's responsibilities under our governing statutes, EPA cannot

turn a blind eye to the court's decision or procrastinate in

complying.

EPA's actions must be transparent. Public trust in the Agency

demands that we reach out to all stakeholders fairly and

impartially, that we consider the views and data presented

carefully and objectively, and that we fully disclose the

information that forms the bases for our decisions. We will carry

out the work of the Agency in public view so that the door is open

to all interested parties and that there is no doubt why we are

acting and how we arrived at our decisions.

We must take special pains to connect with those who have been

historically underrepresented in EPA decisionmaking, including the

disenfranchised in our cities and rural areas, communities of

color, native Americans, people disproportionately impacted by

pollution, and small businesses, cities, and towns working to meet

their environmental responsibilities. Like all Americans, they

deserve an EPA with an open mind, a big heart, and a willingness to

listen. We must also be sensitive to the burdens pollution has

placed on vulnerable subpopulations, including children, the

elderly, the poor, and all others who are at particular risk to

threats to health and the environment. We must seek their full

partnership in the greater aim of identifying and eliminating the

sources of pollution in their neighborhoods, schools, and homes.

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. These challenges are indeed immense in scale and

urgency. But, we will meet them. Administrator Jackson has put a

high priority on developing an environmental policy agenda that

significantly improve the environment, while helping to create jobs

and make the investment needed to emerge from the current

recession. EPA is making significant strides in this area already

as is reflected in this document. As EPA makes further decisions

regarding the path forward for existing and new regulatory

activities, we will continue to be transparent, letting the public

know about these decisions through various sources such as our Web

site and future editions of EPA's regulatory agenda and regulatory

plan.

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 regulations.gov e-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

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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 that are likely to have a significant economic impact

on a substantial number of small entities, and

Any rules that the Agency has identified for periodic review

under section 610 of the Regulatory Flexibility Act. We have one rule

scheduled for 610 review in 2009.

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 2010.

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

promulgated and published in the Federal Register since publication of

the fall 2008 agenda. It also includes actions that we are 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 our 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

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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 U.S.C.

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 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 updates of the rulemakings that the Agency's

senior managers have decided that we should work on. 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 Reginfo.gov Searchable Database

GSA's Regulatory Information Service Center, which coordinates

publication of the Agenda for the Office of Management and Budget,

has developed and continues to improve a regulatory agenda database

that includes powerful search, display, and data transmission

options. You can:

See the preamble. On the Main Agenda Page, select Current

Agenda Agency Preambles.

Get a complete list of EPA's entries. On the Main Agenda Page,

under Agency, select Environmental Protection Agency.

View the contents of all of EPA's entries. On the Agenda

Search Page, select ``Advanced Search''; select Continue; Select

Environmental Protection Agency and then Continue; Select ``Search.''

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 headed ``Advanced Search-

Select Additional Fields'' select the characteristics you are seeking

before clicking on ``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

check Business under Regulatory Flexibility Analysis required.

Download the results of your searches in XML format.

2. Subject Matter EPA Web sites

Some of the actions listed in the agenda include a URL that

provides additional information.

3. Listservers

If you want to get automatic e-mails about areas of particular

interest, including notifications, when an action is published in

the Federal Register, we maintain 12 listservers including:

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a. Air

b. Water

c. Wastes and emergency response

d. Pesticides

e. Toxic substances

f. Right-To-Know and toxic release inventory

g. Environmental impacts

h. Endangered species

i. Meetings

j. The Science Advisory Board

k. Daily full-text notices with page numbers, and

l. General information.

For more information and to subscribe via our FR Web site,

visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail

without full Internet access, please send an e-mail to

[email protected] to request instructions for subscribing to the

EPA Federal Register listservers.

4. Public Dockets

When EPA publishes either an Advanced Notice of Proposed

Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency

may establish 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. If there is

a docket on a particular action, information about the location

will be in that action's agenda entry. URL's for many of EPA's

dockets are included in the agenda entry. To enter the docket, copy

the URL into a browser window. To locate a docket you can also use

the docket search features at Regulations.gov.

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 one rule scheduled for 610 review in 2009.

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Rule Being Reviewed RIN Docket ID

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Revisions to the Underground Injection Control (UIC) Requirements 2040-AF04 EPA-HQ-OW-2009-0082

for Class V Wells (Section 610 Review)

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EPA has established an official public docket for this 610

review under a docket identification (ID) number as indicated

above. All documents in the docket are listed on the

www.regulations.gov Web site. Although listed in the index, some

information is not publicly available; e.g., 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

Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue

NW., Washington, DC. 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 EPA-HQ-OW-2009-0082,

1200 Pennsylvania Avenue NW., Washington, DC 20460.

3. By Hand Delivery or Courier. Deliver your comments, identified by

the Docket EPA-HQ-OW-2009-0082, to: EPA Docket Center (EPA/

DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.

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'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

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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

and select the appropriate index in the second box in the right

hand column.

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: March 30, 2009.

Louise Wise,

Acting Associate Administrator, Office of Policy, Economics, and

Innovation.

CLEAN AIR ACT (CAA)--Proposed Rule Stage

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Regulation

Sequence Title Identifier

Number Number

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265 SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional Boilers 2060-AM44

and Process Heaters at Major Sources of HAP and Industrial, Commercial, and

Institutional Boilers at Area Sources.................................................

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

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CLEAN AIR ACT (CAA)--Completed Actions

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Regulation

Sequence Title Identifier

Number Number

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267 SAN No. 5326 Findings of Significant Contribution and Rulemaking on Section 126 2060-AP42

Petitions for Purposes of Reducing Interstate Ozone Transport (Completion of a Section

610 Review)...........................................................................

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

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Regulation

Sequence Title Identifier

Number Number

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

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

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SAFE DRINKING WATER ACT (SDWA)--Prerule Stage

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Regulation

Sequence Title Identifier

Number Number

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270 SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for 2040-AF04

Class V Wells (Section 610 Review)....................................................

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

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Regulation

Sequence Title Identifier

Number Number

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

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[[Page 21998]]

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Environmental Protection Agency (EPA) Proposed Rule Stage

Clean Air Act (CAA)

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265. COMBINED RULEMAKING FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL

BOILERS AND PROCESS HEATERS AT MAJOR SOURCES OF HAP AND INDUSTRIAL,

COMMERCIAL, AND INSTITUTIONAL BOILERS AT AREA SOURCES

Legal Authority: CAA 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).

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

account for 90% 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

maximum achievable control technology (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.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 07/00/09

Final Action 07/00/10

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]

Robert J. 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

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266. RENEWABLE FUELS STANDARD PROGRAM

Legal Authority: CAA 211(o)

Abstract: This action will implement certain provisions in Title II of

the 2007 Energy Independence and Security Act that amend section 211(o)

of the Clean Air Act. The new law sets a modified standard for

renewable fuels increasing the national requirement to 9.0 billion

gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter

total, 21 billion gallons is required to be obtained from cellulosic

biofuels and other advanced biofuels. Starting in 2016, all of the

increase in the RFS target must be met with advanced biofuels, defined

as cellulosic ethanol and other biofuels derived from feedstock other

than corn starch--with explicit standards for cellulosic biofuels and

biomass-based diesel.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 05/00/09

Final Action 11/00/09

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

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Environmental Protection Agency (EPA) Completed Actions

Clean Air Act (CAA)

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267. FINDINGS OF SIGNIFICANT CONTRIBUTION AND

RULEMAKING ON SECTION 126 PETITIONS FOR PURPOSES OF REDUCING INTERSTATE

OZONE TRANSPORT (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On May 25, 1999 (64 FR 28250), EPA issued a final rule

entitled ``Findings of Significant Contribution and Rulemaking on

section 126 Petitions for Purposes of Reducing Interstate Ozone

Transport,'' usually referred to as the ``Section-126 rule.'' This rule

was a response to petitions from several states asking EPA to take

Federal action to address the problem of air pollution coming from

upwind states. Since this rule did not include a no-significant-impact

certification under the Regulatory Flexibility Act, it normally would

be a candidate for the RFA-required review 10 years after promulgation.

However, this rule had no actual impact on any entities, since it

specified that its prescribed upwind-pollution remedies could be

fulfilled by State actions under a previous EPA rule entitled ``Finding

of Significant Contribution and Rulemaking for Certain States in the

Ozone Transport Assessment Group Region for Purposes of Reducing

Regional Transport of Ozone,'' usually referred to as the ``NOx SIP

Call,`` which was promulgated on October 27, 1998 (63 FR 57355).

Subsequently, the States did in fact comply with the NOx SIP Call rule,

thereby nullifying any effect of the Section-126 rule. Therefore the

Section-126 rule has had, and will have, no impacts on any entities,

including small entities, thereby obviating the need for a 10-year

review under the RFA. In light of this fact, EPA is, through this

notice, documenting the Section-126 rule's lack of impact, and

announcing that the 10-year review has been completed.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Action 05/25/99 64 FR 28250

610 Review Determination 03/26/09

Regulatory Flexibility Analysis Required: No

Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and

Radiation, 6103A, Washington, DC 20460

Phone: 202 564-1952

Fax: 202 564-1554

[[Page 21999]]

Email: [email protected]

RIN: 2060-AP42

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Environmental Protection Agency (EPA) Long-Term Actions

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

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268. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS

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

Abstract: The EPA is proposing change to federal regulations guiding

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:

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Action Date FR Cite

________________________________________________________________________

NPRM 02/00/11

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

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269. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

Abstract: The EPA is developing a proposal 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 02/00/11

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

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Environmental Protection Agency (EPA) Prerule Stage

Safe Drinking Water Act (SDWA)

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270. REVISIONS TO THE UNDERGROUND INJECTION CONTROL

(UIC) REQUIREMENTS FOR CLASS V WELLS (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: Class V wells are regulated under the authority of part C of

the Safe Drinking Water Act (SDWA). The SDWA is designed to protect the

quality of drinking water in the United States, and part C specifically

mandates the regulation of underground injection of fluids through

wells. The Agency has promulgated a series of underground injection

control (UIC) regulations under this authority. Most class V wells are

authorized by rule as long as (1) they do not endanger underground

sources of drinking water (USDWs), and (2) the well owners or operators

submit basic inventory and assessment information. If a class V well

may endanger USDWs, UIC Program Directors can require the owner/

operator to apply for a permit, order preventive actions (including

closure of the well) to prevent the violation, require remediation to

assure USDWs are protected, or take enforcement action.

On December 7, 1999, EPA finalized additional requirements for motor

vehicle waste disposal wells and large capacity cesspools, to embrace

priorities and help achieve goals defined under the 1996 Amendments

[[Page 22000]]

to the SDWA, and to fulfill the first phase of the Agency's

requirements under the 1997 consent decree with the Sierra Club. The

1999 Rule established requirements for two categories of class V

injection wells determined by EPA to be a source of endangerment to

drinking water. Specifically, the rule covers: (1) Existing motor

vehicle waste disposal wells located in ground water protection areas

or other sensitive ground water areas; and, (2) new and existing large-

capacity cesspools and new motor vehicle waste disposal wells

nationwide. The conclusion that these class V wells pose an

endangerment to USDWs is based on substantial information and the

combined professional judgment of EPA and State geologists and

engineers that are responsible for implementing the class V UIC

program.

This new entry in the regulatory agenda announces that while EPA has

taken steps in the 1999 Rulemaking process to evaluate and mitigate

impacts on small entities, pursuant to section 610 of the Regulatory

Flexibility Act, EPA will review the Class V Rule. As part of the

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. Based on the

evaluation of the Class V Rule during promulgation, EPA believes there

is a continued need for the Class V Rule. EPA assumes that the

regulatory impact of two endangering well types on small business is

not significant because the Agency believes most of these well types

have been either closed or permitted.

Comments must be received by August 11, 2009. In submitting comments,

please reference Docket ID EPA-HQ-OW-2009-0082 and follow the

instructions in section I of the preamble to this issue of the

Regulatory Agenda. The docket can be assessed at www.regulations.gov.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Action 12/07/99 64 FR 68546

Begin Review 05/00/09

End Comment Period 08/00/09

End Review 12/00/09

Regulatory Flexibility Analysis Required: No

Agency Contact: Stephanie Flaharty, Environmental Protection Agency,

Water, 4601M, Washington, DC 20460

Phone: 202 564-5072

Email: [email protected]

Sandy Evalenko, Environmental Protection Agency, Water, 4101M,

Washington, DC 20460

Phone: 202 564-0264

Email: [email protected]

RIN: 2040-AF04

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Environmental Protection Agency (EPA) Long-Term Actions

Safe Drinking Water Act (SDWA)

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271. 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:

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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: Rebeccak 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

Fax: 202 564-3760

Email: [email protected]

RIN: 2040-AA94

[FR Doc. E9-10279 Filed 05-08-09; 8:45 am]

BILLING CODE 6560-50-S