[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40118-40131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15496]





[[Page 40117]]



Vol. 76



Thursday,



No. 130



July 7, 2011



Part XIV











Environmental Protection Agency











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Semiannual Regulatory Agenda



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

Unified Agenda



[[Page 40118]]





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ENVIRONMENTAL PROTECTION AGENCY



40 CFR Ch. I



[9267-5]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0728




Spring 2011 Regulatory Agenda



AGENCY: Environmental Protection Agency.



ACTION: Semiannual regulatory flexibility agenda and semiannual 

regulatory agenda.



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



SUMMARY: The Environmental Protection Agency (EPA) publishes the 

semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at http://www.regulations.gov to update the public 

about:

     Regulations and major policies currently under 

development,

     Reviews of existing regulations and major policies, and

     Rules and major policymakings completed or canceled since 

the last agenda.



Definitions



    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 

regulatory agenda'' all refer to the same comprehensive collection of 

information that, until 2007, was published in the Federal Register but 

that now is only available through an online database.

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

contains information about regulations that may have a significant 

impact on a substantial number of small entities. We continue to 

publish it in the Federal Register because that is what is required by 

the Regulatory Flexibility Act of 1980.

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

posts online each month of the regulations newly approved for 

development.

    ``Unified Regulatory Agenda'' refers to the collection of all 

agencies' agendas with an introduction prepared by the Regulatory 

Information Service Center.

    ``Regulatory Agenda Preamble'' refers to the document you are 

reading now. It appears as part of the Regulatory Flexibility Agenda 

and introduces both the Regulatory Flexibility Agenda and the e-Agenda.

    ``Rulemaking Gateway'' refers to an online portal to EPA's priority 

rules with earlier and more frequently updated information about these 

priority actions. See section H for more information about the 

Rulemaking Gateway.



FOR FURTHER INFORMATION CONTACT: If you have questions or comments 

about a particular action, please get in touch with the agency contact 

listed in each agenda entry. If you have general questions about the 

semiannual regulatory agenda, please contact: Phil Schwartz 

(schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile 

(muellerleile.caryn@epa.gov; 202-564-2855).

    To be placed on a mailing list for updated information on rules 

under development: If you would like to receive an e-mail with a link 

to new semiannual regulatory agendas as soon as they are published, 

please send an e-mail message with your name and address to: lmit.com">nscep@bps-lmit.com and put ``E-Regulatory Agenda: Electronic Copy'' in the 

subject line.

    If you would like to regularly receive information about the rules 

newly approved for development, sign up for our monthly Action 

Initiation List by going to http://www.epa.gov/lawsregs/search/ail.html#notification and completing the steps listed there.

    You can track progress on various aspects of EPA's priority 

rulemakings by signing up for RSS feeds from the Rulemaking Gateway at 

http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.



SUPPLEMENTARY INFORMATION:



Table of Contents



A. Map of Regulatory Agenda Information

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

Statutes, and Executive Orders Guide Our Rule and Policymaking 

Process?

C. How Can You Be Involved in EPA's Rule and Policymaking Process?

D. What Actions Are Included in the Regulatory Agenda?

E. How Is the E-Agenda Organized?

F. What Information Is in the Regulatory Flexibility Agenda and the 

E-Agenda?

G. How Can You Find Out About Rulemakings That Start Up After the 

Regulatory Agenda Is Signed?

H. What Tools for Finding More About EPA Rules and Policies Are 

Available at EPA.gov, Regulations.gov, and Reginfo.gov?

I. Reviews of Rules With Significant Impacts on a Substantial Number 

of Small Entities

J. What Other Special Attention Do We Give to the Impacts of Rules 

on Small Businesses, Small Governments, and Small Nonprofit 

Organizations?

K. Thank You for Collaborating With Us



A. Map of Regulatory Agenda Type Information



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

           Type of information                      Online locations               Federal Register location

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

Semiannual Regulatory Agenda.............  http://www.reginfo.gov/, http://   Not in FR

                                            www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.

Semiannual Regulatory Flexibility Agenda.  http://www.reginfo.gov/,           Part XIV of today's issue

                                            www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.

Monthly Action Initiation List...........  http://www.regulations.gov/        Not in FR

                                            fdmspublic/component/

                                            main?main=DocketDetail&d=EPA-HQ-

                                            OA-2008-0265 and http://www.epa.gov/lawsregs/search/ail.html.

Rulemaking Gateway.......................  http://www.epa.gov/rulemaking/...  Not in FR

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



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

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



Priorities



    Our priorities for fiscal years 2011-2015 are laid out in our FY 

2011-2015 Strategic Plan which includes five over-arching strategic 

goals and five cross-cutting fundamental strategies for how we approach 

our work. The five strategic goals are:

    1. Taking Action on Climate Change and Improving Air Quality;

    2. Protecting America's Waters;

    3. Cleaning Up Communities and Advancing Sustainable Development;

    4. Ensuring the Safety of Chemicals and Preventing Pollution;

    5. Enforcing Environmental Laws.

    And the five fundamental cross-cutting strategies are:

    1. Expanding the Conversation on Environmentalism;

    2. Working for Environmental Justice and Children's Health;

    3. Advancing Science, Research, and Technological Innovation;



[[Page 40119]]



    4. Strengthening State, Tribal, and International Partnerships;

    5. Strengthening the EPA's Work Force and Capabilities.

    To see the entire Strategic Plan; see the link at http://www.epa.gov/planandbudget/strategicplan.html.



Other Key Principles, Statutes, and Executive Orders Guiding Our Rule 

and Policymaking Process



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

constantly changing face of environmental protection as our economy and 

society evolve, and science teaches us more about how humans interact 

with and affect the natural world. Now, more than ever, EPA must be 

innovative and forward looking because the environmental challenges 

faced by Americans all across our country are unprecedented.

    In addition to meeting its mission goals and priorities as 

described above, EPA has begun a new initiative under Executive Order 

(EO) 13563, Improving Regulation and Regulatory Review, to conduct 

periodic retrospective review of existing significant regulations. This 

review is intended to determine whether any such regulations should be 

modified, streamlined, expanded, or repealed, so as to make the 

Agency's regulatory program more effective or less burdensome in 

achieving the regulatory objectives. More information about this review 

is available at http://www.epa.gov/improvingregulations/.

    Besides the fundamental environmental laws authorizing EPA actions 

such as the Clean Air Act and Clean Water Act, there are legal 

requirements that apply to the issuance of regulations that are 

generally contained in the Administrative Procedure Act, the Regulatory 

Flexibility Act as amended by the Small Business Regulatory Enforcement 

Fairness Act, the Unfunded Mandates Reform Act, the Paperwork Reduction 

Act, the National Technology Transfer and Advancement Act, and the 

Congressional Review Act. We also must meet a number of requirements 

contained in Executive Orders 12866 (Regulatory Planning and Review; 58 

FR 51735; October 4, 1993; as supplemented by Executive Order 13563, 

Improving Regulation and Regulatory Review; 76 FR 3821; January 21, 

2011), 12898 (Environmental Justice; 59 FR 7629; February 16, 1994), 

13045 (Children's Health Protection; 62 FR 19885; April 23, 1997), 

13132 (Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation 

and Coordination With Indian Tribal Governments; 65 FR 67249; November 

9, 2000), 13211 (Actions Concerning Regulations That Significantly 

Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22, 2001).



C. How Can You Be Involved in EPA's Rule and Policymaking Process?



    You can make your voice heard by getting in touch with the contact 

person provided in each agenda entry. We encourage you to participate 

as early in the process as possible. You may also participate by 

commenting on proposed rules that we publish in the Federal Register 

(FR).

    Instructions on how to submit your comments are provided in each 

Notice of Proposed Rulemaking (NPRMs). To be most effective, comments 

should contain information and data that support your position, and you 

also should explain why EPA should incorporate your suggestion in the 

rule or nonregulatory action. You can be particularly helpful and 

persuasive if you provide examples to illustrate your concerns and 

offer specific alternatives.

    EPA believes our actions will be more cost-effective and protective 

if the development process includes stakeholders working with us to 

help identify the most practical and effective solutions to problems. 

Democracy gives real power to individual citizens, but with that power 

comes responsibility. You are urged to become involved in EPA's rule 

and policymaking process. For more information about public involvement 

in EPA activities, please visit www.epa.gov/publicinvolvement.



D. What Actions Are Included in the E-Agenda and the Regulatory 

Flexibility Agenda?



    EPA includes regulations and certain major policy documents in the 

e-Agenda. However, there is no legal significance to the omission of an 

item from the agenda, and EPA generally does not include the following 

categories of actions:

     Administrative actions such as delegations of authority, 

changes of address, or phone numbers;

     Under the Clean Air Act: Revisions to State Implementation 

Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions 

from the New Source Performance Standards source categories list; 

Delegations of Authority to States; Area Designations for Air Quality 

Planning Purposes;

     Under the Federal Insecticide, Fungicide, and Rodenticide 

Act: Registration-related decisions, actions affecting the status of 

currently registered pesticides, and data call-ins;

     Under the Federal Food, Drug, and Cosmetic Act: Actions 

regarding pesticide tolerances and food additive regulations;

     Under the Resource Conservation and Recovery Act: 

Authorization of State solid waste management plans; hazardous waste 

delisting petitions;

     Under the Clean Water Act: State Water Quality Standards; 

deletions from the section 307(a) list of toxic pollutants; suspensions 

of toxic testing requirements under the National Pollutant Discharge 

Elimination System (NPDES); delegations of NPDES authority to States;

     Under the Safe Drinking Water Act: Actions on State 

underground injection control programs.

    The Regulatory Flexibility Agenda normally includes:

     Actions likely to have a significant economic impact on a 

substantial number of small entities.

     Rules the Agency has identified for periodic review under 

section 610 of the Regulatory Flexibility Act. We are closing the 610 

review for two rules in 2011.



E. How Is the E-Agenda Organized?



    You can now choose how both the www.reginfo.gov and 

www.regulations.gov versions of the e-Agenda are organized. Current 

choices include: EPA subagency; stage of rulemaking, which is explained 

below; alphabetically by title; and by the Regulation Identifier Number 

(RIN), which is assigned sequentially when an action is added to the 

agenda.

    Stages of rulemaking include:

    1. Prerulemaking--Prerulemaking actions are generally intended to 

determine whether EPA should initiate rulemaking. Prerulemakings may 

include anything that influences or leads to rulemaking, such as 

Advance Notices of Proposed Rulemaking (ANPRMs), studies or analyses of 

the possible need for regulatory action, announcement of reviews of 

existing regulations required under section 610 of the Regulatory 

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

action, or important preregulatory policy proposals.

    2. Proposed Rule--this section includes EPA rulemaking actions that 

are within a year of proposal (publication of Notices of Proposed 

Rulemakings (NPRMs)).

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

final rule within a year.

    4. Long-Term Actions--this section includes rulemakings for which 

the next scheduled regulatory action is after April 2012. We urge you 

to explore becoming involved even if an action is listed in the Long-

Term category. By the



[[Page 40120]]



time an action is listed in the Proposed Rules category, you may have 

missed the opportunity to participate in certain public meetings or 

policy dialogues.

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

promulgated and published in the Federal Register since publication of 

the Fall 2010 Agenda. It also includes actions that EPA is no longer 

considering. If an action appears in the completed section, it will not 

appear in future agendas unless the Agency decides to initiate the 

action again, in which case it will appear as a new entry. EPA also 

announces the results of the Regulatory Flexibility Act section 610 

reviews in this section of the agenda.



F. What Information Is in the Regulatory Flexibility Agenda and the E-

Agenda?



    The Regulatory Flexibility Agenda entries include only the nine 

categories of information that are required by the Regulatory 

Flexibility Act of 1980 and by Federal Register Agenda printing 

requirements: Sequence Number, RIN, Title, Description, Statutory 

Authority, Section 610 Review, if applicable, Regulatory Flexibility 

Analysis Required, Schedule, and Contact Person. The E-Agenda has much 

more extensive information on these actions including such things as e-

mail addresses and Internet URLs for additional information.

    E-Agenda entries include:

    Title: Titles for new entries (those that have not appeared in 

previous agendas) are preceded by a bullet (). The notation 

``Section 610 Review'' follows the title if we are reviewing the rule 

as part of our periodic review of existing rules under section 610 of 

the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).

    Priority: Entries are placed into one of five categories described 

below. OMB reviews all significant rules including both of the first 

two categories, ``economically significant'' and ``other significant.''

    Economically Significant: Under EO 12866, a rulemaking action that 

may have an annual effect on the economy of $100 million or more, or 

adversely affect in a material way the economy, a sector of the 

economy, productivity, competition, jobs, the environment, public 

health or safety, or State, local, or tribal governments or 

communities.

    Other Significant: A rulemaking that is not economically 

significant but is considered significant for other reasons. This 

category includes rules that may:

    1. Create a serious inconsistency or otherwise interfere with an 

action taken or planned by another agency;

    2. Materially alter the budgetary impact of entitlements, grants, 

user fees, or loan programs, or the rights and obligations of 

recipients; or

    3. Raise novel legal or policy issues arising out of legal 

mandates, the President's priorities, or the principles in Executive 

Order 12866.

    Substantive, Nonsignificant: A rulemaking that has substantive 

impacts but is not Significant, Routine and Frequent, or Informational/

Administrative/Other.

    Routine and Frequent: A rulemaking that is a specific case of a 

recurring application of a regulatory program in the Code of Federal 

Regulations (e.g., certain State Implementation Plans, National 

Priority List updates, Significant New Use Rules, State Hazardous Waste 

Management Program actions, and Tolerance Exemptions). If an action 

that would normally be classified Routine and Frequent is reviewed by 

the Office of Management and Budget under EO 12866, then we would 

classify the action as either ``Economically Significant'' or ``Other 

Significant.''

    Informational/Administrative/Other: An action that is primarily 

informational or pertains to an action outside the scope of EO 12866.

    Also, if a rule may be ``Major'' as defined in the Congressional 

Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an 

annual effect on the economy of $100 million or more or meets other 

criteria specified in this law, appears under the ``Priority'' heading 

with the statement ``Major under 5 U.S.C. 801.''

    Legal Authority: The sections of the United States Code (U.S.C.), 

Public Law (PL), Executive Order (EO), or common name of the law that 

authorizes the regulatory action.

    CFR Citation: The sections of the Code of Federal Regulations that 

would be affected by the action.

    Legal Deadline: An indication of whether the rule is subject to a 

statutory or judicial deadline, the date of that deadline, and whether 

the deadline pertains to a Notice of Proposed Rulemaking, a Final 

Action, or some other action.

    Abstract: A brief description of the problem the action will 

address.

    Timetable: The dates (and citations) that documents for this action 

were published in the Federal Register and, where possible, a projected 

date for the next step. Projected publication dates frequently change 

during the course of developing an action. The projections in the 

agenda are best estimates as of the date we submit the agenda for 

publication. For some entries, the timetable indicates that the date of 

the next action is ``to be determined.''

    Regulatory Flexibility Analysis Required: Indicates whether EPA has 

prepared or anticipates that it will be preparing a regulatory 

flexibility analysis under section 603 or 604 of the RFA. Generally, 

such an analysis is required for proposed or final rules subject to the 

RFA that EPA believes may have a significant economic impact on a 

substantial number of small entities.

    Small Entities Affected: Indicates whether the rule is anticipated 

to have any effect on small businesses, small governments, or small 

nonprofit organizations.

    Government Levels Affected: Indicates whether the rule may have any 

effect on levels of government and, if so, whether the governments are 

State, local, tribal, or Federal.

    Federalism Implications: Indicates whether the action is expected 

to have substantial direct effects on the States, on the relationship 

between the National Government and the States, or on the distribution 

of power and responsibilities among the various levels of government.

    Unfunded Mandates: Section 202 of the Unfunded Mandates Reform Act 

generally requires an assessment of anticipated costs and benefits if a 

rule includes a mandate that may result in expenditures of more than 

$100 million in any one year by State, local, and tribal governments, 

in the aggregate, or by the private sector. If it is anticipated to 

exceed this $100 million threshold, we note it in this section.

    Energy Impacts: Indicates whether the action is a significant 

energy action under EO 13211.

    Sectors Affected: Indicates the main economic sectors regulated by 

the action. The regulated parties are identified by their North 

American Industry Classification System (NAICS) codes. These codes were 

created by the Census Bureau for collecting, analyzing, and publishing 

statistical data on the U.S. economy. There are more than 1,000 NAICS 

codes for sectors in agriculture, mining, manufacturing, services, and 

public administration.

    International Trade Impacts: Indicates whether the action is likely 

to have international trade or investment effects, or otherwise be of 

international interest.

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

address, if available, of a person who is knowledgeable about the 

regulation.



[[Page 40121]]



    Additional Information: Other information about the action 

including docket information.

    URLs: For some actions, the Internet addresses are included for 

reading copies of rulemaking documents, submitting comments on 

proposals, and getting more information about the rulemaking and the 

program of which it is a part. (Note: To submit comments on proposals, 

you can go to the associated electronic docket, which is housed at 

www.regulations.gov. Once there, follow the online instructions to 

access the docket in question and submit comments. A docket 

identification (ID) number will assist in the search for materials. We 

include this number in the additional information section of many of 

the agenda entries that have already been proposed.)

    RIN: The Regulation Identifier Number is used by OMB to identify 

and track rulemakings. The first four digits of the RIN stand for the 

EPA office with lead responsibility for developing the action.



G. How Can You Find Out About Rulemakings That Start Up After the 

Regulatory Agenda Is Signed?



    EPA posts monthly information of new rulemakings that the Agency's 

senior managers have decided that we should develop. This list is also 

distributed via e-mail. You can see the current list, known as the 

Action Initiation List at 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 a Federal regulatory dashboard that allows 

users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes powerful search, display, and 

data transmission options. At that site you can:

    1. See the preamble. At the URL listed above for the Unified Agenda 

and Regulatory Plan, find ``Current Agenda Agency Preambles.'' 

Environmental Protection Agency is listed alphabetically under ``Other 

Executive Agencies.''

    2. Get a complete list of EPA's entries in the current edition of 

the Agenda. Use the drop-down menu in the ``Select Agency'' box to find 

Environmental Protection Agency and ``Submit.''

    3. View the contents of all of EPA's entries in the current edition 

of the Agenda. Choose ``Search'' from the ``Unified Agenda'' selection 

in the toolbar at the top of the page. Within the ``Search of Agenda/

Regulatory Plan'' screen, open ``Advanced Search,'' then ``Continue.'' 

Select ``Environmental Protection Agency'' and ``Continue.'' Select 

``Search,'' then ``View All RIN Data (Max 350).''

    4. Get a listing of entries with specified characteristics. Follow 

the procedure described immediately above for viewing the contents of 

all entries, but on the screen entitled ``Advanced Search--Select 

Additional Fields,'' choose the characteristics you are seeking before 

``Search.'' For example, if you wish to see a listing of all 

economically significant actions that may have a significant economic 

impact on a substantial number of small businesses, you would check 

``Economically Significant'' under ``Priority'' and ``Business'' under 

``Regulatory Flexibility Analysis Required.''

    5. Download the results of your searches in XML format.



2. Subject Matter EPA Web Sites



    Some actions listed in the Agenda include a URL that provides 

additional information.



3. Public Dockets



    When EPA publishes either an Advanced Notice of Proposed Rulemaking 

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

establishes a docket to accumulate materials throughout the development 

process for that rulemaking. The docket serves as the repository for 

the collection of documents or information related to a particular 

Agency action or activity. EPA most commonly uses dockets for 

rulemaking actions, but dockets may also be used for Regulatory 

Flexibility Act section 610 reviews of rules with significant economic 

impacts on a substantial number of small entities and for various non-

rulemaking activities, such as Federal Register documents seeking 

public comments on draft guidance, policy statements, information 

collection requests under the Paperwork Reduction Act, and other non-

rule activities. Docket information should be in that action's agenda 

entry. All of EPA's public dockets can be located at 

www.regulations.gov.



4. EPA's Rulemaking Gateway



    EPA's Rulemaking Gateway (http://www.epa.gov/rulemaking/) serves as 

a portal to EPA's priority rules, providing you with earlier and more 

frequently updated information about Agency regulations than is 

provided by the Regulatory Agenda.

    The Rulemaking Gateway provides information as soon as work begins 

and provides updates on a monthly basis as new information becomes 

available. Time-sensitive information, such as notice of a public 

meeting, is updated on a daily basis. Not all of EPA's Regulatory 

Agenda entries appear on the Rulemaking Gateway; only priority 

rulemakings can be found on the Gateway.



I. Reviews of Rules With Significant Impacts on a Substantial Number of 

Small Entities



    Section 610 of the RFA requires that an agency review, within 10 

years of promulgation, each rule that has or will have a significant 

economic impact on a substantial number of small entities. EPA is 

closing the 610 review for two rules in 2011.



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

                Rule reviewed                        RIN                         Docket ID No.

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

Effluent Guidelines and Standards for the           2040-AF18  EPA-HQ-OW-2010-0169

 Centralized Waste Treatment Industry

 (Section 610 Review).

National Primary Drinking Water Regulations;        2040-AF24  EPA-HQ-OW-2010-0728

 Arsenic and Clarifications to Compliance and

 New Source Contaminants Monitoring (Section

 610 Review).

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



    EPA has established official public dockets for these 610 Reviews 

under the docket identification (ID) numbers as indicated above. All 

documents in the dockets are listed on the www.regulations.gov Web 

site. Although listed in the index, some information is not publicly 

available; e.g., confidential business information (CBI) or other 

information whose disclosure is restricted by statute. Certain other 

material, such as copyrighted material,



[[Page 40122]]



is not placed on the Internet and will be publicly available only in 

hard copy form. Publicly available docket materials are available 

either electronically through www.regulations.gov or in hard copy at 

the Water docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays. The telephone number for the Public Reading Room is (202) 

566-1744.



J. What Other Special Attention Do We Give to the Impacts of Rules on 

Small Businesses, Small Governments, and Small Nonprofit Organizations?



    For each of our rulemakings, we consider whether there will be any 

adverse impact on any small entity. EPA attempts to fit the regulatory 

requirements, to the extent feasible, to the scale of the businesses, 

organizations, and governmental jurisdictions subject to the 

regulation.

    Under RFA/SBREFA (the Regulatory Flexibility Act as amended by the 

Small Business Regulatory Enforcement Fairness Act), the Agency must 

prepare a formal analysis of the potential negative impacts on small 

entities, convene a Small Business Advocacy Review Panel (proposed rule 

stage), and prepare a Small Entity Compliance Guide (final rule stage) 

unless the Agency certifies a rule will not have a significant economic 

impact on a substantial number of small entities. For more detailed 

information about the Agency's policy and practice with respect to 

implementing RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.

    For a list of the rules under development for which a Regulatory 

Flexibility Analysis will be required, go to http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda and 

click on Regulatory Flexibility Analysis--Required toward the bottom of 

the page.



K. Thank You for Collaborating With Us



    Finally, we would like to thank those of you who choose to join 

with us in making progress on the complex issues involved in protecting 

human health and the environment. Collaborative efforts such as EPA's 

open rulemaking process are a valuable tool for addressing the problems 

we face, and the regulatory agenda is an important part of that 

process.



    Dated: March 15, 2011.

Louise Wise,

Deputy Associate Administrator, Office of Policy.



                  10Clean Air Act--Proposed Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

266.......................  National Emission                  2060-AP52

                             Standards for Hazardous

                             Air Pollutants From Coal-

                             and Oil-fired Electric

                             Utility Steam Generating

                             Units and Standards of

                             Performance for Electric

                             Utility Steam Generating

                             Units.

267.......................  Revision of New Source             2060-AP93

                             Performance Standards for

                             New Residential Wood

                             Heaters.

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





                    10Clean Air Act--Final Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

268.......................  Implementation of the 1997         2060-AO96

                             8-Hr Ozone NAAQS:

                             Classification of Subpart

                             1 Areas and Revision to

                             AntiBacksliding

                             Provisions; Deletion of

                             Obsolete 1-Hr Ozone

                             Standard Provisions.

269.......................  Supplemental                       2060-AQ36

                             Determinations for

                             Renewable Fuels Produced

                             Under the Final RFS2

                             Program From Palm Oil.

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





                   10Clean Air Act--Long-Term Actions

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

270.......................  SAN No. 5367 NESHAP: Brick         2060-AP69

                             and Structural Clay

                             Products and Clay

                             Products.

271.......................  Supplemental Determination         2060-AQ49

                             for Renewable Fuels

                             Produced Under the Final

                             RFS2 Program From

                             Pulpwood.

272.......................  Supplemental Determination         2060-AQ64

                             for Renewable Fuels

                             Produced Under the Final

                             RFS2 Program From Sorghum.

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





                   10Clean Air Act--Completed Actions

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

273.......................  National Emission                  2060-AM44

                             Standards for Hazardous

                             Air Pollutants for Area

                             Sources: Industrial,

                             Commercial, and

                             Institutional Boilers.

274.......................  National Emission                  2060-AQ25

                             Standards for Hazardous

                             Air Pollutants for Major

                             Sources: Industrial,

                             Commercial &

                             Institutional Boilers and

                             Process Heaters.

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





[[Page 40123]]





  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Proposed

                               Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

275.......................  Pesticides; Certification          2070-AJ20

                             of Pesticide Applicators.

276.......................  Pesticides; Agricultural           2070-AJ22

                             Worker Protection

                             Standard Revisions.

277.......................  Pesticides;                        2070-AJ45

                             Reconsideration of

                             Exemptions for Insect

                             Repellents.

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





        Toxic Substances Control Act (TSCA)--Proposed Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

278.......................  Lead; Renovation, Repair,          2070-AJ56

                             and Painting Program for

                             Public and Commercial

                             Buildings.

279.......................  Formaldehyde Emissions             2070-AJ44

                             From Pressed Wood

                             Products.

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





           Toxic Substance Contol Act (TSCA)--Final Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

280.......................  Lead; Clearance and                2070-AJ57

                             Clearance Testing

                             Requirements for the

                             Renovation, Repair, and

                             Painting Program.

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





 Comprehensive Environmental Response, Compensation and Liability Act--

                           Proposed Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

281.......................  Financial Responsibility           2050-AG61

                             Requirements Under CERCLA

                             Section 108(b) for

                             Classes of Facilities in

                             the Hard Rock Mining

                             Industry.

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





                 70Clean Water Act--Proposed Rule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

282.......................  Stormwater Regulations             2040-AF13

                             Revision to Address

                             Discharges From Developed

                             Sites.

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





                  70Clean Water Act--Completed Actions

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

283.......................  Effluent Guidelines and            2040-AF18

                             Standards for the

                             Centralized Waste

                             Treatment Industry

                             (Completion of a Section

                             610 Review).

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





              Safe Drinking Water Act (SDWA)--Prerule Stage

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

284.......................  National Primary Drinking          2040-AF24

                             Water Regulations;

                             Arsenic and

                             Clarifications to

                             Compliance and New Source

                             Contaminants Monitoring

                             (Section 610 Review).

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





            Safe Drinking Water Act (SDWA)--Long-Term Actions

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

                                                           Regulation

       Sequence No.                    Title             Identifier No.

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

285.......................  SAN No. 2281 National              2040-AA94

                             Primary Drinking Water

                             Regulations: Radon.

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







[[Page 40124]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)



10Clean Air Act



Proposed Rule Stage



266. National Emission Standards for Hazardous Air Pollutants from 

Coal- and Oil-Fired Electric Utility Steam Generating Units and 

Standards of Performance for Electric Utility Steam Generating Units



    Legal Authority: Clean Air Act sec 112(d); Clean Air Act sec 111(b)

    Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule 

requiring reductions in emissions of mercury from Electric Utility 

Steam Generating Units. That rule was vacated on February 8, 2008, by 

the U.S. Court of Appeals for the District of Columbia Circuit. As a 

result of that vacatur, coal- and oil-fired electric utility steam 

generating units remain on the list of sources that must be regulated 

under section 112 of the Clean Air Act (CAA). The Agency will develop 

standards under CAA section 112(d) which will reduce hazardous air 

pollutant (HAP) emissions from this source category. Recent court 

decisions on other CAA section 112(d) rules will be considered in 

developing this regulation.

    Under this action EPA will also propose amendments to the criteria 

pollutant new source performance standards (NSPS) for utilities. On 

February 27, 2006, EPA promulgated amendments to the utility NSPS and 

was subsequently sued by multiple state attorney general offices and 

environmental organizations. On September 2, 2009, EPA was granted a 

voluntary remand without vacatur of the 2006 amendments. Combining the 

two rules is a single action provides interested parties the 

opportunity to provide comments on the combined requirements of the 2 

rules. It also avoids double counting either costs or environmental 

benefits of the separate rules.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   05/03/11  76 FR 24976

NPRM Comment Period End.............   07/05/11

Final Action........................   12/00/11

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Bill Maxwell, Environmental Protection Agency, Air 

and Radiation, D243-01, RTP, NC 27711, Phone: 919 541-5430, Fax: 919 

541-5450, E-mail: maxwell.bill@epamail.epa.gov.

    Robert J Wayland, Environmental Protection Agency, Air and 

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail: wayland.robertj@epamail.epa.gov.

    RIN: 2060-AP52



267. Revision of New Source Performance Standards for New Residential 

Wood Heaters



    Legal Authority: CAA sec 111

    Abstract: EPA is revising the New Source Performance Standards 

(NSPS) for residential wood heaters under the Clean Air Act Section 

111(b)(1)(B). This action is necessary because it updates the 1988 NSPS 

to reflect significant advancements in wood heater technologies and 

design, broaden the range of residential wood heating appliances 

covered by the regulation, and improve and streamline implementation 

procedures. This rule is expected to require manufacturers to redesign 

wood heaters to be cleaner and lower emitting. In general, the design 

changes will also make the heaters perform better and be more 

efficient. The revisions are also expected to retain the requirement 

for manufacturers to contract for testing of model lines by third-party 

independent laboratories, report the results to EPA, and label the 

models accordingly. This action does not apply to existing residential 

woodstoves, pellet stoves and other residential biomass heating units 

and may apply to other units.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   02/00/12

Final Action........................   06/00/13

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Gil Wood, Environmental Protection Agency, Air and 

Radiation, C404-05, RTP, NC 27711, Phone: 919 541-5272, Fax: 919 541-

0242, E-mail: wood.gil@epa.gov.

    David Cole, Environmental Protection Agency, Air and Radiation, 

C404-05, RTP, NC 27711, Phone: 919 541-5565, Fax: 919 541-0242, E-mail: 

cole.david@epa.gov.

    RIN: 2060-AP93



ENVIRONMENTAL PROTECTION AGENCY (EPA)



10Clean Air Act



Final Rule Stage



268. Implementation of the 1997 8-Hr Ozone NAAQS: Classification of 

Subpart 1 Areas and Revision to Anti-backsliding Provisions; Deletion 

of Obsolete 1-Hr Ozone Standard Provisions.



    Legal Authority: 42 U.S.C. 7410; 42 U.S.C. 7511 to 7511f; 42 U.S.C. 

7601(a)(1)

    Abstract: This rulemaking action would revise the rule for 

implementation of the 8-hour ozone national ambient air quality 

standard (NAAQS) to address partial vacatur by the U.S. Circuit Court 

of Appeals for the District of Columbia Circuit. The rulemaking would 

remove the portions of the regulatory text vacated by the Court, 

specifically: (1) the provision that places some 8-hour ozone 

nonattainment areas under title I, part D, subpart 1 of the CAA; (2) 

remove the exemption from anti-backsliding for the following three 

obligations under the now-revoked 1-hour ozone NAAQS:



--New source review;

--CAA Section 185 penalty fees for severe and extreme areas that fail 

to attain the 1-hour standard by their attainment date; and

--Contingency measures for failure to attain the 1-hour standard or 

make reasonable progress toward attainment.



    The rule would also address: (1) The classification system for 

nonattainment areas that the implementation rule originally covered 

under Clean Air Act (CAA) title I, part D, subpart 1; and (2) 

contingency measures that apply as anti-backsliding measures under the 

now-revoked 1-hour standard. The rule would also remove an obsolete 

provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   01/16/09  74 FR 2936

NPRM Comment Period End.............   02/17/09

Final Action........................   06/00/11

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Lynn Dail, Environmental Protection Agency, Air and 

Radiation, C539-01, RTP, NC 27711, Phone: 919 541-2363, Fax: 919 541-

5689, E-mail: dail.lynn@epamail.epa.gov.



[[Page 40125]]



    Kimber Scavo, Environmental Protection Agency, Air and Radiation, 

1200 Pennsylvania Ave, NW, RTP, NC 27711, Phone: 919 541-3354, Fax: 919 

541-4028, E-mail: scavo.kimber@epamail.epa.gov.

    RIN: 2060-AO96



269. Supplemental Determinations for Renewable Fuels Produced Under the 

Final RFS2 Program From Palm Oil



    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels 

Standard Program, while the Agency issued lifecycle greenhouse gas 

(GHG) threshold determinations for the major fuel pathways projected to 

meet the bulk of the RFS volume mandates, assessments of other new fuel 

pathways such as biofuels produced from palm oil, could not be 

completed in time for the final rule. In the process of assessing these 

fuels, the Agency is issuing determinations through several 

supplemental notices to the final rule.

    Timetable:



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

               Action                    Date            FR Cite

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

Direct Final Action.................   10/00/11

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency, 

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.

    David Korotney, Environmental Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail: 

korotney.david@epamail.epa.gov.

    RIN: 2060-AQ36



ENVIRONMENTAL PROTECTION AGENCY (EPA)



10Clean Air Act



Long-Term Actions



270. Neshap: Brick and Structural Clay Products and Clay Products



    Legal Authority: Not Yet Determined

    Abstract: This rulemaking will establish emission limits for 

hazardous air pollutants (HF, HCl and metals) emitted from brick and 

clay ceramics kilns and glazing operations at clay ceramics production 

facilities. The brick and structural clay products industry primarily 

includes facilities that manufacture brick, clay, pipe, roof tile, 

extruded floor and wall tile, and other extruded dimensional clay 

products from clay, shale, or a combination of the two. The 

manufacturing of brick and structural clay products involves mining, 

raw material processing (crushing, grinding, and screening), mixing, 

forming, cutting or shaping, drying, and firing. Ceramics are defined 

as a class of inorganic, nonmetallic solids that are subject to high 

temperature in manufacture and/or use. The clay ceramics manufacturing 

source category includes facilities that manufacture traditional 

ceramics, which include ceramic tile, dinnerware, sanitaryware, 

pottery, and porcelain. The primary raw material used in the 

manufacture of these traditional ceramics is clay. The manufacturing of 

clay ceramics involves raw material processing (crushing, grinding, and 

screening), mixing, forming, shaping, drying, glazing, and firing.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................           To Be Determined

Final Action........................           To Be Determined

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jeff Telander, Environmental Protection Agency, Air 

and Radiation, D243-02, RTP, NC 27711, Phone: 919 541-5427, Fax: 919 

541-5600, E-mail: telander.jeff@epamail.epa.gov.

    Steve Fruh, Environmental Protection Agency, Air and Radiation, 

D243-02, RTP, NC 27711, Phone: 919 541-2837, Fax: 919 541-3207, E-mail: 

fruh.steve@epa.gov.

    RIN: 2060-AP69



271. Supplemental Determination for Renewable Fuels Produced Under the 

Final RFS2 Program From Pulpwood



    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels 

Standard Program, while the Agency issued lifecycle greenhouse gas 

(GHG) threshold determinations for the major fuel pathways projected to 

meet the bulk of the RFS volume mandates, assessments of other new fuel 

pathways such as renewable fuels from pulpwood could not be completed 

in time for the final rule. In the process of assessing these fuels, 

the Agency is issuing determinations through several supplemental 

notices to the final rule.

    Timetable:



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

               Action                    Date            FR Cite

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

Direct Final Action.................           To Be Determined

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency, 

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.

    David Korotney, Environmental Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail: 

korotney.david@epamail.epa.gov.

    RIN: 2060-AQ49



272.  Supplemental Determination for Renewable Fuels Produced 

Under the Final RFS2 Program From Sorghum



    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels 

Standard Program, while the Agency issued lifecycle greenhouse gas 

(GHG) threshold determinations for the major fuel pathways projected to 

meet the bulk of the RFS volume mandates, assessments of other new fuel 

pathways such as renewable fuels from sorghum could not be completed in 

time for the final rule. In the process of assessing these fuels, the 

Agency is issuing determinations through several supplemental notices 

to the final rule.

    Timetable:



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

               Action                    Date            FR Cite

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

Final Action........................           To Be Determined

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency, 

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax: 202 564-1686, E-mail: argyropoulos.paul@epa.gov.

    David Korotney, Environmental Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 734 214-4507, E-mail: 

korotney.david@epamail.epa.gov.

    RIN: 2060-AQ64



ENVIRONMENTAL PROTECTION AGENCY (EPA)



10Clean Air Act



Completed Actions



273. National Emission Standards for Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and Institutional Boilers



    Legal Authority: Clean Air Act sec 112

    Abstract: The Clean Air Act (CAA) requires that EPA develop 

standards for



[[Page 40126]]



toxic air pollutants, also known as hazardous air pollutants or air 

toxics for certain categories of sources. These pollutants are known or 

suspected to cause cancer and other serious health and environmental 

effects. This regulatory action will develop emission standards for 

boilers located at area sources. An area source facility emits or has 

the potential to emit less than 10 tons per year (tpy) of any single 

air toxic or less than 25 tpy of any combination of air toxics. Boilers 

burn coal and other substances such as oil or biomass (e.g., wood) to 

produce steam or hot water, which is then used for energy or heat. 

Industrial boilers are used in manufacturing, processing, mining, 

refining, or any other industry. Commercial and institutional boilers 

are used in commercial establishments, medical centers, educational 

facilities and municipal buildings. The majority of area source boilers 

covered by this proposed rule are located at commercial and 

institutional facilities and are generally owned or operated by small 

entities. EPA estimates that there are approximately 183,000 existing 

area source boilers at 91,000 facilities in the United States and that 

approximately 6,800 new area source boilers will be installed over the 

next 3 years. The rule will cover boilers located at area source 

facilities that burn coal, oil, biomass, or secondary ``non-waste'' 

materials. Natural gas-fired area source boilers are not part of the 

categories to be regulated. The rule will reduce emissions of a number 

of toxic air pollutants including mercury, metals, and organic air 

toxics. The standards for area sources must be technology-based. 

Standards for area sources can be based on either generally available 

control technology (GACT), or maximum achievable control technology 

(MACT). To determine GACT, we look at methods, practices and techniques 

that are commercially available and appropriate for use by the sources 

in the category. We consider the economic impacts on sources in the 

category and the technical capabilities of the firms to operate and 

maintain the emissions control systems. MACT can be based on the 

emissions reductions achievable through application of measures, 

processes, methods, systems, or techniques, but must at least meet 

minimum control levels as defined in the Clean Air Act. Economic 

impacts cannot be considered when determining those minimum control 

levels.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   06/04/10  75 FR 31895

NPRM Comment Period End.............   07/19/10

NPRM Extension of Comment Period....   06/09/10  75 FR 32682

NPRM Extension of Comment Period End   08/03/10

Final Action........................   03/21/11  76 FR 15554

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Mary Johnson, Environmental Protection Agency, Air 

and Radiation, D243-01, Research Triangle Park, NC 27711, Phone: 919 

541-5025, E-mail: johnson.mary@epa.gov.

    Robert J Wayland, Environmental Protection Agency, Air and 

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail: wayland.robertj@epamail.epa.gov.

    RIN: 2060-AM44



274. National Emission Standards for Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial & Institutional Boilers and Process 

Heaters



    Legal Authority: Clean Air Act section 112

    Abstract: Section 112 of the Clean Air Act (CAA) outlines the 

statutory requirements for EPA's stationary source air toxics program. 

Section 112 mandates that EPA develop standards for hazardous air 

pollutants (HAP) for both major and area sources listed under section 

112(c). This regulatory action will finalize emission standards for 

boilers and process heaters located at major sources. Section 112(d)(2) 

requires that emission standards for major sources be based on the 

maximum achievable control technology (MACT). Industrial boilers and 

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

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

these source categories.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   06/04/10  75 FR 32006

NPRM Extension of Comment Period....   06/09/10  75 FR 32682

Final Action........................   03/21/11  76 FR 15608

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Brian Shrager, Environmental Protection Agency, Air 

and Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 

541-7689, E-mail: shrager.brian@epa.gov.

    Robert J Wayland, Environmental Protection Agency, Air and 

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail: wayland.robertj@epamail.epa.gov.

    RIN: 2060-AQ25



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



Proposed Rule Stage



275. Pesticides; Certification of Pesticide Applicators



    Legal Authority: 7 U.S.C. 136; 7 U.S.C. 136i; 7 U.S.C. 136w

    Abstract: EPA is proposing change to the federal regulations under 

the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that 

guide the certified pesticide applicator program (40 CFR 171). Change 

is sought to strengthen the regulations to better protect pesticide 

applicators and the public and the environment from harm due to 

pesticide exposure. The possible need for change arose from EPA 

discussions 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................................   05/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathy Davis, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7506P, Washington, 

DC 20460, Phone: 703 308-7002, Fax: 703 308-2962, E-mail: 

davis.kathy@epa.gov.

    Richard Pont, Environmental Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone: 

703 305-6448, Fax: 703 308-2962, E-mail: pont.richard@epa.gov.

    RIN: 2070-AJ20



[[Page 40127]]



276. Pesticides; Agricultural Worker Protection Standard Revisions



    Legal Authority: 7 U.S.C. 136 and 136(w)

    Abstract: EPA is developing a proposal under the Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the 

federal regulations guiding agricultural worker protection (40 CFR 

170). The changes under consideration are intended to improve 

agricultural workers' ability to protect themselves from potential 

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

proposing to make adjustments to improve and clarify current 

requirements and facilitate enforcement. Other changes sought are to 

bring hazard communication requirements more in line with OSHA 

requirements and make improvements to pesticide safety training, with 

improved worker safety the intended outcome. The potential need for 

change arose from EPA discussions with key stakeholders beginning in 

1996 and continuing through 2004. EPA held nine public meetings 

throughout the country during which the public submitted written and 

verbal comments on issues of their concern. In 2000 through 2004, EPA 

held meetings where invited stakeholders identified their issues and 

concerns with the regulations.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   05/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathy Davis, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7506P, Washington, 

DC 20460, Phone: 703 308-7002, Fax: 703 308-2962, E-mail: 

davis.kathy@epa.gov.

    Richard Pont, Environmental Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone: 

703 305-6448, Fax: 703 308-2962, E-mail: pont.richard@epa.gov.

    RIN: 2070-AJ22



277. Pesticides; Reconsideration of Exemptions for Insect Repellents



    Legal Authority: 7 U.S.C. 136(a) and 136(w)

    Abstract: EPA is developing rulemaking to modify the minimum risk 

pesticides exemption under 40 CFR 152.25(f) to exclude personally 

applied insect repellents from the exemption and require an abbreviated 

data set for such products. EPA is taking this action because these 

pesticides claim to control pests of significant public health 

importance.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   01/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathryn Boyle, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7506P, Washington, 

DC 20460, Phone: 703 305-6304, Fax: 703 305-5884, E-mail: 

boyle.kathryn@epa.gov.

    Niva Kramek, Environmental Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone: 

703 605-1193, Fax: 703 305-5884, E-mail: kramek.niva@epa.gov.

    RIN: 2070-AJ45



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Toxic Substances Control Act (TSCA)



Proposed Rule Stage



278. Lead; Renovation, Repair, and Painting Program for Public and 

Commercial Buildings



    Legal Authority: 15 U.S.C. 2682(c)(3)

    Abstract: Section 402(c)(3) of the Toxic Substances Control Act 

(TSCA) requires EPA to regulate renovation or remodeling activities in 

target housing (most pre-1978 housing), pre-1978 public buildings, and 

commercial buildings that create lead-based paint hazards. On April 22, 

2008, EPA issued a final rule to address lead-based paint hazards 

created by these activities in target housing and child-occupied 

facilities built before 1978 (child-occupied facilities are a subset of 

public and commercial buildings or facilities where children under age 

6 spend a great deal of time). The 2008 rule established requirements 

for training renovators, other renovation workers, and dust sampling 

technicians; for certifying renovators, dust sampling technicians, and 

renovation firms; for accrediting providers of renovation and dust 

sampling technician training; for renovation work practices; and for 

recordkeeping. This new rulemaking will address renovation or 

remodeling activities in the remaining buildings described in TSCA 

section 402(c)(3): public buildings built before 1978 and commercial 

buildings that are not child-occupied facilities. On May 6, 2010, EPA 

announced the commencement of proceedings to propose lead-safe work 

practices and other requirements for renovations on the exteriors of 

public and commercial buildings and to determine whether lead-based 

paint hazards are created by interior renovation, repair, and painting 

projects in public and commercial buildings. For those renovations in 

the interiors of public and commercial buildings that create lead-based 

paint hazards, EPA will propose regulations to address these hazards.

    Timetable:



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

               Action                    Date            FR Cite

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

ANPRM...............................   05/06/10  75 FR 24848

NPRM; Exteriors.....................   12/00/11

Final Action........................   07/00/13

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Hans Scheifele, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7404T, Washington, 

DC 20460, Phone: 202 564-3122, E-mail: scheifele.hans@epa.gov.

    Cindy Wheeler, Environmental Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone: 

202 566-0484, E-mail: wheeler.cindy@epa.gov.

    RIN: 2070-AJ56



279. Formaldehyde Emissions From Pressed Wood Products



    Legal Authority: 15 U.S.C. 2697 (TSCA sec 601)

    Abstract: In 2008, EPA initiated a proceeding under Toxics 

Substance and Control Act (TSCA) to investigate risks posed by 

formaldehyde emitted from pressed wood products. An advance notice of 

proposed rulemaking (ANPRM) sought to engage stakeholders to contribute 

to obtaining a better understanding of the available control 

technologies and approaches, industry practices, and the implementation 

of California's formaldehyde emission limits. Subsequently, EPA 

developed an industry survey to obtain more information on these ANPR 

topics and continued to assess the hazards of and exposures to 

formaldehyde emissions from pressed wood products. On July 7, 2010, the 

Formaldehyde Standards for Composite Wood Products Act was enacted. 

This law amends TSCA to establish specific formaldehyde emission limits 

for hardwood plywood, particleboard, and medium-density fiberboard, 

which limits are identical to the California emission limits for these 

products. The law further requires EPA to promulgate implementing 

regulations by January 1, 2013.

    Timetable:



[[Page 40128]]







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

               Action                    Date            FR Cite

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

ANPRM...............................   12/03/08  73 FR 73620

ANPRM: Extension of Comment Period..   01/30/09  74 FR 5632

NPRM................................   01/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Cindy Wheeler, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7404T, Washington, 

DC 20460, Phone: 202 566-0484, E-mail: wheeler.cindy@epa.gov.

    Lynn Vendinello, Environmental Protection Agency, Office of 

Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 

Phone: 202 566-0514, E-mail: vendinello.lynn@epa.gov.

    RIN: 2070-AJ44



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Toxic Substances Control Act (TSCA)



Final Rule Stage



280. Lead; Clearance and Clearance Testing Requirements for the 

Renovation, Repair, and Painting Program



    Legal Authority: 15 U.S.C. 2601(c); 15 U.S.C. 2682(c)(3); 15 U.S.C. 

2684; 15 U.S.C. 2686 and 2687

    Abstract: On May 6, 2010, EPA proposed several revisions to the 

2008 Lead Renovation, Repair, and Painting Program (RRP) rule that 

established accreditation, training, certification, and recordkeeping 

requirements as well as work practice standards for persons performing 

renovations for compensation in most pre-1978 housing and child-

occupied facilities. Current requirements include training renovators, 

other renovation workers, and dust sampling technicians; for certifying 

renovators, dust sampling technicians, and renovation firms; for 

accrediting providers of renovation and dust sampling technician 

training; for renovation work practices; and for recordkeeping. EPA is 

particularly concerned about dust lead hazards generated by renovations 

because of the well documented toxicity of lead, especially to younger 

children. This proposal includes additional requirements designed to 

ensure that lead-based paint hazards generated by renovation work are 

adequately cleaned after renovation work is finished and before the 

work areas are re-occupied. Specifically, EPA proposed to require dust 

wipe testing after many renovations covered by the RRP rule. For a 

subset of jobs involving demolition or removal of plaster through 

destructive means or the disturbance of paint using machines designed 

to remove paint through high-speed operation, such as power sanders or 

abrasive blasters, this proposal would also require the renovation firm 

to demonstrate, through dust wipe testing, that dust-lead levels 

remaining in the work area are below regulatory levels.

    Timetable:



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

               Action                    Date            FR Cite

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

NPRM................................   05/06/10  75 FR 25038

NPRM Extension of Comment Period....   07/07/10  75 FR 38959

Final Action........................   07/00/11

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Cindy Wheeler, Environmental Protection Agency, 

Office of Chemical Safety and Pollution Prevention, 7404T, Washington, 

DC 20460, Phone: 202 566-0484, E-mail: wheeler.cindy@epa.gov.

    Michelle Price, Environmental Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone: 

202 566-0744.

    RIN: 2070-AJ57



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Comprehensive Environmental Response, Compensation and Liability Act



Proposed Rule Stage



281. Financial Responsibility Requirements Under Cercla Section 108(B) 

for Classes of Facilities in the Hard Rock Mining Industry



    Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608 (b)

    Abstract: Section 108(b) of the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 

establishes certain authorities concerning financial responsibility 

requirements. The Agency has identified classes of facilities within 

the Hard Rock mining industry as those for which financial 

responsibility requirements will be first developed. EPA intends to 

include requirements for financial responsibility, as well as 

notification and implementation.

    Timetable:



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

               Action                    Date            FR Cite

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

Priority Notice.....................   07/28/09  74 FR 37213

NPRM................................   02/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Ben Lesser, Environmental Protection Agency, Solid 

Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703 

308-0314, E-mail: lesser.ben@epa.gov.

    David Hockey, Environmental Protection Agency, Solid Waste and 

Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846, 

E-mail: hockey.david@epa.gov.

    RIN: 2050-AG61



ENVIRONMENTAL PROTECTION AGENCY (EPA)



70Clean Water Act



Proposed Rule Stage



282. Stormwater Regulations Revision to Address Discharges from 

Developed Sites



    Legal Authority: 33 U.S.C. 1251 et seq.

    Abstract: Stormwater discharge from developed areas is a major 

cause of degradation of surface waters. This is true for both 

conveyance of pollutants and the erosive power of increased stormwater 

flow rates and volumes. Current stormwater regulations were promulgated 

in 1990 and 1999. In 2006, the Office of Water asked the National 

Research Council (NRC) to review the stormwater program and recommend 

ways to strengthen it. The NRC Report, which was finalized in October 

2008, found that the current stormwater program `` * * * is not likely 

to adequately control stormwater's contribution to waterbody 

impairment'' and recommended that EPA take action to address the 

harmful effects of stormwater flow. This proposed action would 

establish requirements for, at minimum, managing stormwater discharges 

from newly developed and re-developed sites, to reduce the amount of 

pollutants in stormwater discharges entering receiving waters by 

reducing the discharge of excess stormwater. This action may also 

expand the scope of municipal separate storm sewer systems (MS4) 

required to be regulated under NPDES permits, to include rapidly 

developing areas and to cover some discharges that are not currently 

regulated. The Phase I and Phase II MS4 regulations might also be 

combined and amended, and may include provisions for better managing 

existing discharges.

    Timetable:



[[Page 40129]]







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

               Action                    Date            FR Cite

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

NPRM................................   09/00/11

Final Action........................   11/00/12

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Connie Bosma, Environmental Protection Agency, 

Water, 4203M, Washington, DC 20460, Phone: 202 564-6773, Fax: 202 564-

6392, E-mail: bosma.connie@epamail.epa.gov.

    Janet Goodwin, Environmental Protection Agency, Water, 4303T, 

Washington, DC 20460, Phone: 202 566-1060, E-mail: 

goodwin.janet@epamail.epa.gov.

    RIN: 2040-AF13



ENVIRONMENTAL PROTECTION AGENCY (EPA)



70Clean Water Act



Completed Actions



283. Effluent Guidelines and Standards for the Centralized Waste 

Treatment Industry (Completion of a Section 610 Review)



    Legal Authority: 5 U.S.C. 610

    Abstract: In December 2000, EPA promulgated effluent limitations 

for the Centralized Waste Treatment (CWT) Point Source Category at 40 

CFR 437 (65 FR 81241, December 22, 2000). A CWT facility treats or 

recovers hazardous or non-hazardous industrial waste, wastewater, or 

used material from off-site. The regulation established wastewater 

discharge standards for three major types of wastes: metal-bearing, 

oily, and organic. EPA issued a Small Entity Compliance Guide, which 

provides easy-to-read descriptions of the regulations and other helpful 

information on how to comply such as a question and answer section.

    Pursuant to Section 610 of the Regulatory Flexibility Act, on April 

26, 2010, EPA initiated a review of the rule to determine if it should 

be continued without change, or should be rescinded or amended to 

minimize adverse economic impacts on small entities (75 FR 21882). As 

part of this review, EPA considered, and solicited comments on, the 

following factors: (1) The continued need for the rule; (2) the nature 

of complaints or comments received concerning the rule; (3) the 

complexity of the rule; (4) the extent to which the rule overlaps, 

duplicates, or conflicts with other Federal, State, or local government 

rules; and (5) the degree to which technology, economic conditions, or 

other factors have changed in the area affected by the rule. The 

comment period closed July 31, 2010. EPA received no comments, and the 

Agency has concluded that the rule needs no revisions at this time to 

minimize the impacts on small entities. The rule will remain in effect 

without modification.

    The Docket ID number is EPA-HQ-OW-2010-0169. EPA summarized the 

results of the review in a report, which is available in the rulemaking 

docket referenced above. You can access that docket at http://www.regulations.gov.

    Timetable:



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

               Action                    Date            FR Cite

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

Final Action........................   12/22/00  65 FR 81241

Begin Review........................   04/26/10  75 FR 21882

End Comment Period..................   07/31/10  75 FR 21882

End Review..........................   04/25/11

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



    Regulatory Flexibility Analysis Required: No.

    Agency Contact: Erik Helm, Environmental Protection Agency, Water, 

4303T, Washington, DC 20460, Phone: 202 566-1049, Fax: 202 566-1053, E-

mail: helm.erik@epamail.epa.gov.

    RIN: 2040-AF18



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Safe Drinking Water Act (SDWA)



Prerule Stage



284. National Primary Drinking Water Regulations; Arsenic and 

Clarifications to Compliance and New Source Contaminants Monitoring 

(Section 610 Review)



    Legal Authority: 5 U.S.C. 610

    Abstract: On January 22, 2001, EPA revised the Maximum Contaminant 

Level (MCL) for arsenic to 0.010 mg/L (10.0 [micro]g/L). This 

regulation applies to non-transient non-community water systems and to 

community water systems (66 FR 6976). While EPA has taken steps to 

evaluate and mitigate impacts on small entities as part of the 

promulgation of the Arsenic Rule, EPA reviewed the National Primary 

Drinking Water Rule (NPDWR) for arsenic pursuant to section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA 

considered and solicited comments on the following factors: (1) The 

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

received concerning the rule; (3) the complexity of the rule; (4) the 

extent to which the rule overlaps, duplicates, or conflicts with other 

Federal, State, or local government rules; and (5) the degree to which 

the technology, economic conditions or other factors have changed in 

the area affected by the rule. EPA is currently reviewing the public 

comments received in response to this review and is developing a 

response to comment document, which will be posted in the docket 

(EPA-OW-2010-0728) upon completion of this review by fall 

2011. The docket can be accessed at http://www.regulations.gov.

    Timetable:



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

               Action                    Date            FR Cite

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

Final Rule..........................   01/22/01  66 FR 6976

Initiate 610 Review.................   12/20/10  75 FR 79844

End Comment Period..................   02/18/11

Completion of 610 Review............   10/00/11

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



    Regulatory Flexibility Analysis Required: No.

    Agency Contact: Stephanie Flaharty, Environmental Protection 

Agency, Water, 4601M, Washington, DC 20460, Phone: 202 564-5072, E-

mail: flaharty.stephanie@epamail.epa.gov.

    Wynne Miller, Environmental Protection Agency, Water, 4607M, 

Washington, DC 20460, Phone: 202 564-4887, Fax: 202 564-3760, E-mail: 

miller.wynne@epamail.epa.gov.

    RIN: 2040-AF24



ENVIRONMENTAL PROTECTION AGENCY (EPA)



Safe Drinking Water Act (SDWA)



Long-Term Actions



285. National Primary Drinking Water Regulations: Radon



    Legal Authority: 42 U.S.C. 300f, et seq.

    Abstract: In 1999, EPA proposed regulations for radon which provide 

flexibility in how to manage the health risks from radon in drinking 

water. The proposal was based on the unique framework in the 1996 SDWA. 

The proposed regulation would provide for either a maximum contaminant 

level (MCL), or an alternative maximum contaminant level (AMCL) with a 

multimedia mitigation (MMM) program to address radon in indoor air. 

Under the proposal, public water systems in States that adopted 

qualifying MMM programs would be subject to the AMCL, while those in 

States that did not adopt such programs would be subject to the MCL.

    Timetable:



[[Page 40130]]







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

               Action                    Date            FR Cite

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

ANPRM...............................   09/30/86  51 FR 34836

NPRM Original.......................   07/18/91  56 FR 33050

Notice99............................   02/26/99  64 FR 9560

NPRM................................   11/02/99  64 FR 59246

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

Final Action........................           To Be Determined

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



    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Rebecca Allen, Environmental Protection Agency, 

Water, 4607M, Washington, DC 20460, Phone: 202 564-4689, Fax: 202 564-

3760, E-mail: allen.rebeccak@epamail.epa.gov.

    Eric Burneson, Environmental Protection Agency, Water, 4607M, 

Washington, DC 20460, Phone: 202 564-5250, E-mail: 

burneson.eric@epamail.epa.gov.

    RIN: 2040-AA94



[FR Doc. 2011-15496 Filed 7-6-11; 8:45 am]

BILLING CODE 6560-50-P