[No title available]

Part XIII

Environmental Protection Agency

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Semiannual Regulatory Agenda

[[Page 64496]]

ENVIRONMENTAL PROTECTION AGENCY (EPA)

_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-8950-1]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2009-0082

Fall 2009 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda and semiannual regulatory

flexibility 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 on rulemakings that, until May 2007, was published

in the Federal Register, but which now is only available through an

online database.

The Regulatory Plan provides more detailed information than the

regulatory agenda on the most important significant rulemakings

that we will be developing over the coming years.

``Monthly Action Initiation List'' (AIL) refers to a list that

EPA posts online each month of the regulations newly approved for

development.

``Unified 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 introduces both EPA's e-agenda and regulatory

flexibility agenda.

``Regulatory Flexibility Agenda'' refers to a document that

contains a limited amount of information (less than is in the e-

agenda) about regulations that may have a significant impact on a

substantial number of small entities. The Regulatory Flexibility

Act of 1980 requires that we publish the Regulatory Flexibility

Agenda in the Federal Register.

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: Caryn Muellerleile

([email protected]; 202-564-2855) or Phil Schwartz

([email protected]; 202-564-6564).

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 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 Values 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 Reginfo.gov, EPA.gov, and Regulations.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) www.reginfo.gov/, www.regulations.gov, and http:// Not in FR

www.epa.gov/lawsregs/ search/regagenda.html

The Regulatory Plan www.reginfo.gov/, www.regulations.gov, and http:// Part II of today's issue

www.epa.gov/lawsregs/ search/regagenda.html

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

main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http://

www.epa.gov/lawsregs/ search/ail.html

[[Page 64497]]

Semiannual Regulatory Flexibility Agenda www.regulations.gov, and http://www.epa.gov/lawsregs/ Part XII of today's

search/regagenda.html issue

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B. What Are EPA's Regulatory Goals and Values, and What Key Principles,

Statutes, and Executive Orders Guide Our Rule and Policymaking Process?

For a detailed discussion of the goals and values we aspire to

in rulemaking please see our Statement of Regulatory Priorities at

http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/200910/

Statement_2000.html and published in part II of today's issue of

the Federal Register.

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 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 section307(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

concluding 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

[[Page 64498]]

reviews of existing regulations required under section 610 of the

Regulatory Flexibility Act, requests for public comment on the need for

regulatory action, or important preregulatory policy proposals.

2. Proposed Rule-This section includes EPA rulemaking actions that are

within a year of proposal (publication of Notices of Proposed

Rulemakings (NPRMs)).

3. Final Rule-This section includes rules that will be issued as a

final rule within a year.

4. Long-Term Actions-This section includes rulemakings for which the

next scheduled regulatory action is after October 2010.

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

promulgated and published in the Federal Register since publication of

the spring 2009 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 E-Agenda and Regulatory Flexibility

Agenda?

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 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.

[[Page 64499]]

Agency Contact: The name, address, phone number, and e-mail

address 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.

Regulatory Flexibility Agenda entries contain a Federal

Register sequence number and a subset of the information in the e-

Agenda:

RIN, Title, Description, Statutory Authority, Section 610

Review, if applicable, Regulatory Flexibility Analysis Required,

Schedule, Contact Person's name, mailing address and phone number.

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 on the rulemaking.

3. 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 completed one Section 610 review in 2009.

EPA concluded that there is a continued need for this rule.

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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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[[Page 64500]]

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 underdevelopment 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, please use the advanced search

function at http://www.reginfo.gov/public/do/eAgendaAdvancedSearch.

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: September 9, 2009.

Louise Wise,

Deputy Associate Administrator, Office of Policy, Economics and

Innovation.

CLEAN AIR ACT--Proposed Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

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

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

Institutional Boilers at Area Sources (Reg Plan Seq No. 135)..........................

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

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

CLEAN AIR ACT--Final Rule Stage

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

Regulation

Sequence Title Identifier

Number Number

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

431 SAN No. 5250. Renewable Fuels Standard Program (Reg Plan Seq No. 148)................. 2060-AO81

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

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

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

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

Regulation

Sequence Title Identifier

Number Number

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

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

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

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

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

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

Regulation

Sequence Title Identifier

Number Number

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

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

Renovation, Repair, and Painting Program (Reg Plan Seq No. 152).......................

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

References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

[[Page 64501]]

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

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

Regulation

Sequence Title Identifier

Number Number

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

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

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

SAFE DRINKING WATER ACT (SDWA)--Completed Actions

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

Regulation

Sequence Title Identifier

Number Number

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

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

Class V Wells (Completion of a Section 610 Review)....................................

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

_______________________________________________________________________

Environmental Protection Agency (EPA) Proposed Rule Stage

Clean Air Act

_______________________________________________________________________

430. 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

Regulatory Plan: This entry is Seq. No. 135 in part II of this issue

of the Federal Register.

RIN: 2060-AM44

_______________________________________________________________________

Environmental Protection Agency (EPA) Final Rule Stage

Clean Air Act

_______________________________________________________________________

431. RENEWABLE FUELS STANDARD PROGRAM

Regulatory Plan: This entry is Seq. No. 148 in part II of this issue

of the Federal Register.

RIN: 2060-AO81

_______________________________________________________________________

Environmental Protection Agency (EPA) Long-Term Actions

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

_______________________________________________________________________

432. 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:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 01/00/11

Regulatory Flexibility Analysis Required: Yes

[[Page 64502]]

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

_______________________________________________________________________

433. 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 part 170).

The changes under consideration are intended to improve agricultural

workers' ability to protect themselves from potential exposure to

pesticides and pesticide residues. In addition, EPA is proposing to

make adjustments to improve and clarify current requirements and

facilitate enforcement. Other changes sought are to establish a right-

to-know Hazard Communication program and make improvements to pesticide

safety training, with improved worker safety the intended outcome. The

potential need for change arose from EPA discussions with key

stakeholders beginning in 1996 and continuing through 2004. EPA held

nine public meetings throughout the country during which the public

submitted written and verbal comments on issues of their concern. In

2000 through 2004, EPA held meetings where invited stakeholders

identified their issues and concerns with the regulations.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 01/00/11

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) Final Rule Stage

Toxic Substances Control Act (TSCA)

_______________________________________________________________________

434. LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING

PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM

Regulatory Plan: This entry is Seq. No. 152 in part II of this issue

of the Federal Register.

RIN: 2070-AJ55

_______________________________________________________________________

Environmental Protection Agency (EPA) Long-Term Actions

Safe Drinking Water Act (SDWA)

_______________________________________________________________________

435. 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

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

Email: [email protected]

RIN: 2040-AA94

[[Page 64503]]

_______________________________________________________________________

Environmental Protection Agency (EPA) Completed Actions

Safe Drinking Water Act (SDWA)

_______________________________________________________________________

436. REVISIONS TO THE UNDERGROUND INJECTION CONTROL (UIC) REQUIREMENTS

FOR CLASS V WELLS (COMPLETION OF A 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 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 entry in the regulatory agenda announced that while EPA had 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 would review the Class V Rule. As part of the

review, EPA considered and solicited comments on the following factors:

(1) The continued need for the rule; (2) the nature of complaints or

comments received concerning the rule; (3) the complexity of the rule;

(4) the extent to which the rule overlaps, duplicates, or conflicts

with other Federal, State, or local government rules; and (5) the

degree to which 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 and comment received, 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.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Final Action 12/07/99 64 FR 68546

Begin Review 05/11/09 74 FR 21991

End Comment Period 08/11/09

End Review 09/02/09

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

[FR Doc. E9-28594 Filed 12-04-09; 8:45 am]

BILLING CODE 6560-50-S