[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Environmental Protection Agency Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part XIV





Environmental Protection Agency





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Semiannual Regulatory Agenda

[[Page 21872]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-9134-3]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0166

EPA-HQ-OAR-2010-0052

Spring 2010 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

_______________________________________________________________________

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at www.reginfo.gov 
to update the public about:

 Regulations and major policies currently under development,

 Reviews of existing regulations and major policies, and

 Rules and major policymakings completed or canceled since the 
last agenda.

    Definitions:

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection 
of information that used to be published in the Federal Register 
but which now are only available through an online database.

    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. This continues to 
be published in the Federal Register because of a requirement of 
the Regulatory Flexibility Act.

    ``Monthly Action Initiation List'' (AIL) refers to a list that 
EPA posts online each month of the regulations newly approved for 
development.

    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center.

    ``Regulatory Agenda preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility 
Agenda and introduces both the Regulatory Flexibility Agenda and 
the e-Agenda.

    ``Rulemaking Gateway'' refers to a new portal to EPA's priority 
rules with earlier and more concise information about Agency 
regulations. More information about the Rulemaking Gateway appears 
in section H of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
semiannual regulatory agenda, please contact: Phil Schwartz 
(schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile 
(muellerleile.caryn@epa.gov; 202-564-2855).

    TO BE PLACED ON AN AGENDA MAILING LIST: If you would like to 
receive an e-mail with a link to new semiannual regulatory agendas 
as soon as they are published, please send an e-mail message with 
your name and address to: nscep@bps-lmit.com and put ``E-Regulatory 
Agenda: Electronic Copy'' in the subject line.

    If you would like to regularly receive information about the 
rules newly approved for development, sign up for our monthly 
Action Initiation List by going to http://www.epa.gov/lawsregs/
search/ail.htmlnotification and completing the five steps 
listed there. You may also track progress on EPA's priority 
rulemakings by visiting the Rulemaking Gateway (www.epa.gov/
rulemaking/) or signing up for RSS feeds at http://
yosemite.epa.gov/opei/RuleGate.nsf/content/
getalerts.html?opendocument.

    If you would like to receive a hard copy of the semiannual 
agenda about 2 to 3 months after publication, call 800-490-9198 or 
send an e-mail with your name and complete address to: nscep@bps-
lmit.com and put ``Regulatory Agenda Hard Copy'' in the subject 
line.

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Map of Regulatory Agenda Information

B. What Are EPA's Regulatory Goals and What Key Principles, Statutes, 
and Executive Orders Guide Our Rule and Policymaking Process?

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

D. What Actions Are Included in the Regulatory Agenda?

E. How Is the E-Agenda Organized?

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

G. How Can I Find Out About Rulemakings That Start Up After the 
Regulatory Agenda Is Signed?

H. What Tools for Finding More About EPA Rules and Policies Are 
Available at EPA.gov, Regulations.gov, and Reginfo.gov?

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

J. What Other Special Attention Do We Give to the Impacts of Rules on 
Small Businesses, Small Governments, and Small Nonprofit Organizations?

K. Thank You for Collaborating With Us

A. Map of Regulatory Agenda Information

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                                                                                                                                    Federal Register
                       Type of Information                                               Online Locations                               Location
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Semiannual Regulatory Agenda                                            www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
                                                                            www.epa.gov/lawsregs/search/regagenda.html
 
Semiannual Regulatory Flexibility Agenda                                www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
                                                                            www.epa.gov/lawsregs/search/regagenda.html                   issue
 

[[Page 21873]]

 
Monthly Action Initiation List                                          http://www.regulations.gov/fdmspublic/component/ Not in FR
                                                                     main?main=DocketDetail&d=EPA-HQ- OA-2008-0265 and http://
www.epa.gov/lawsregs/search/ail.html
 
Rulemaking Gateway                                                                   www.epa.gov/rulemaking/ Not in FR
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. What Are EPA's Regulatory Goals, and What Key Principles, Statutes, 
and Executive Orders Guide Our Rule and Policymaking Process?

    In outlining her agenda for the environment, Administrator 
Jackson has outlined seven themes to focus the work of EPA. These 
key goals shape everything we do.

    Taking Action on Climate Change: Last year saw historic 
progress in the fight against climate change, with a range of 
greenhouse gas (GHG) reduction initiatives. We are continuing this 
critical effort and ensuring compliance with the law. We continue 
to support the President and Congress in enacting clean energy and 
climate legislation. Using the Clean Air Act, we will finalize our 
mobile source rules and provide a framework for continued 
improvements in that sector. EPA is building on the success of 
ENERGY STAR to expand cost-saving energy conservation and 
efficiency programs. Additionally, we continue to develop common-
sense solutions for reducing GHG emissions from large stationary 
sources like power plants. EPA recognizes that climate change will 
affect other parts of its core mission, such as protecting air and 
water quality, and includes those considerations in our future 
plans.

    Improving Air Quality: American communities face serious health 
and environmental challenges from air pollution. There are already 
proposed stronger ambient air quality standards for ozone, which 
will help millions of Americans breathe more easily and live more 
healthy lives. Building on that, EPA will develop a comprehensive 
strategy for a cleaner and more efficient power sector, with strong 
but achievable emission reduction goals for SO2, NOx, mercury, and 
other air toxics. We will strengthen our ambient air quality 
standards for pollutants such as PM, SO2, and NO2, and will achieve 
additional reductions in air toxics from a range of industrial 
facilities. Improved monitoring, permitting, and enforcement will 
be critical building blocks for air quality improvement.

    Assuring the Safety of Chemicals: One of EPA's highest 
priorities is to make significant progress in assuring the safety 
of chemicals in our products, our environment, and our bodies. Last 
year, Administrator Jackson announced principles for modernizing 
the Toxic Substances Control Act. Separately, we are shifting EPA's 
focus to address high-concern chemicals and filling data gaps on 
widely produced chemicals in commerce. EPA has released the first-
ever chemical management plans for five groups of substances, and 
more plans are underway. Using our streamlined Integrated Risk 
Information System, we will continue strong progress toward 
rigorous, peer-reviewed health assessments on dioxins, arsenic, 
formaldehyde, TCE, and other substances of concern.

    Cleaning Up Our Communities: EPA has made strong cleanup 
progress by accelerating our Superfund program and confronting 
significant local environmental challenges like the asbestos public 
health emergency in Libby, Montana, and the coal ash spill in 
Kingston, Tennessee. Using all the tools at our disposal, including 
enforcement and compliance efforts, we will continue to focus on 
making communities safer and healthier. EPA is maximizing the 
potential of the brownfields program to spur environmental cleanup 
and job creation, particularly in disadvantaged communities. We are 
also developing enhanced strategies for risk reduction in our 
Superfund program and developing stronger partnerships with 
stakeholders affected by our cleanups.

    Protecting America's Waters: America's waterbodies are 
imperiled as never before. Water quality and enforcement programs 
face complex challenges, from nutrient loadings and stormwater 
runoff to invasive species and drinking water contaminants. These 
challenges demand both traditional and innovative strategies. EPA 
continues its work on comprehensive watershed protection programs 
for the Chesapeake Bay and Great Lakes. We have initiated measures 
to address post-construction runoff, water quality impairment from 
surface mining, and stronger drinking water protection. Recovery 
Act funding is expanding construction of water infrastructure, and 
we are working with states to develop nutrient limits.

    Expanding the Conversation on Environmentalism and Working for 
Environmental Justice: We have begun a new era of outreach and 
protection for communities historically underrepresented in EPA 
decisionmaking. EPA seeks strong working relationships with tribes, 
communities of color, economically distressed cities and towns, 
young people, and others. It is our goal to include environmental 
justice principles in all of our decisions. The protection of 
vulnerable subpopulations is a top priority, especially with regard 
to children.

    Building Strong State and Tribal Partnerships: States and 
tribal nations bear important responsibilities for the day-to-day 
mission of environmental protection, but declining tax revenues and 
fiscal challenges are pressuring State agencies and tribal 
governments to do more with fewer resources. Strong partnerships 
and accountability are more important than ever. EPA supports State 
and tribal capacity and, through strengthened oversight, is working 
to ensure that programs are consistently delivered nationwide. 
Where appropriate, we use our expertise and capacity to bolster 
State and tribal efforts.

    EPA's strength has always been our ability to adapt to the 
constantly changing face of environmental protection as our economy 
and society

[[Page 21874]]

evolve, and science teaches us more about how humans interact with 
and affect the natural world. Now, more than ever, EPA must be 
innovative and forward looking because the environmental challenges 
faced by Americans all across our country are unprecedented.

    Besides the fundamental environmental laws authorizing EPA 
actions such as the Clean Air Act and Clean Water Act, there are 
legal requirements that apply to the issuance of regulations that 
are generally contained in the Administrative Procedure Act, the 
Regulatory Flexibility Act as amended by the Small Business 
Regulatory Enforcement Fairness Act, the Unfunded Mandates Reform 
Act, the Paperwork Reduction Act, the National Technology Transfer 
and Advancement Act, and the Congressional Review Act. We also must 
meet a number of requirements contained in Executive Orders 12866 
(Regulatory Planning and Review; 58 FR 51735; October 4, 1993), 
12898 (Environmental Justice; 59 FR 7629; February 16, 1994), 13045 
(Children's Health Protection; 62 FR 19885; April 23, 1997), 13132 
(Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation and 
Coordination with Indian Tribal Governments; 65 FR 67249; November 
9, 2000), 13211 (Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22, 
2001).

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

    You can make your voice heard by getting in touch with the 
contact person provided in each agenda entry. We urge you to 
participate as early in the process as possible. You may also 
participate by commenting on proposed rules that we publish in the 
Federal Register (FR).

    Information on submitting comments to the rulemaking docket is 
provided in each of our Notices of Proposed Rulemaking (NPRMs), and 
we always accept comments through the www.regulations.gov 
electronic docket. To be most effective, comments should contain 
information and data that support your position, and you also 
should explain why we should incorporate your suggestion in the 
rule or nonregulatory action. You can be particularly helpful and 
persuasive if you provide examples to illustrate your concerns and 
offer specific alternatives.

    We believe our actions will be more cost-effective and 
protective if our development process includes stakeholders working 
with us to identify the most practical and effective solutions to 
problems, and we stress this point most strongly in all of our 
training programs for rule and policy developers. Democracy gives 
real power to individual citizens, but with that power comes 
responsibility. We urge you to become involved in EPA's rule and 
policymaking process. For more information about public involvement 
in EPA activities, please visit www.epa.gov/publicinvolvement.

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

    EPA includes regulations and certain major policy documents in 
the e-Agenda. However, there is no legal significance to the 
omission of an item from the agenda, and we generally do not 
include minor amendments or the following categories of actions:

 Administrative actions such as delegations of authority, 
changes of address, or phone numbers;

 Under the Clean Air Act: Revisions to State Implementation 
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions 
from the New Source Performance Standards source categories list; 
Delegations of Authority to States; Area Designations for Air Quality 
Planning Purposes;

 Under the Federal Insecticide, Fungicide, and Rodenticide Act: 
Registration-related decisions, actions affecting the status of 
currently registered pesticides, and data call-ins;

 Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;

 Under the Resource Conservation and Recovery Act: 
Authorization of State solid waste management plans; hazardous waste 
delisting petitions;

 Under the Clean Water Act: State Water Quality Standards; 
deletions from the section 307(a) list of toxic pollutants; suspensions 
of toxic testing requirements under the National Pollutant Discharge 
Elimination System (NPDES); delegations of NPDES authority to States;

 Under the Safe Drinking Water Act: Actions on State 
underground injection control programs.

    The Regulatory Flexibility Agenda normally includes:

 Actions likely to have a significant economic impact on a 
substantial number of small entities.

 Rules the Agency has identified for periodic review under 
section 610 of the Regulatory Flexibility Act. There are three rules 
for 610 review in spring 2010.

E. How Is the E-Agenda Organized?

    You can now choose how both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda are organized. Current 
choices include: EPA subagency; stage of rulemaking, explained 
below; alphabetically by title; and by the Regulation Identifier 
Number (RIN), which is assigned sequentially when an action is 
added to the agenda.

    Stages of rulemaking include:

1. Prerulemaking--Prerulemaking actions are generally intended to 
determine whether EPA should initiate rulemaking. Prerulemakings may 
include anything that influences or leads to rulemaking, such as 
Advance Notices of Proposed Rulemaking (ANPRMs), significant studies or 
analyses of the possible need for regulatory action, announcement of 
reviews of existing regulations required under section 610 of the 
Regulatory Flexibility Act, requests for public comment on the need for 
regulatory action, or important preregulatory policy proposals.

2. Proposed Rule--This section includes EPA rulemaking actions that are 
within a year of proposal (publication of Notices of Proposed 
Rulemakings (NPRMs)).

3. Final Rule--This section includes rules that will be issued as a 
final rule within a year.

4. Long-Term Actions--This section includes rulemakings for which the 
next scheduled regulatory action is after April 2011.

5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the fall 2009 agenda. It also includes actions that EPA is no longer 
considering. If an action appears in the completed section, it will not 
appear in future agendas unless we decide to initiate action again, in 
which case it will appear as a new entry. EPA also announces the 
results

[[Page 21875]]

of the Regulatory Flexibility Act section 610 reviews in this section 
of the agenda.

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

    Regulatory Flexibility Agenda entries include:

    Sequence Number, RIN, Title, Description, Statutory Authority, 
Section 610 Review, if applicable, Regulatory Flexibility Analysis 
Required, Schedule, Contact Person.

    E-Agenda entries include:

    Title: Titles for new entries (those that have not appeared in 
previous agendas) are preceded by a bullet (). The notation 
``Section 610 Review'' follows the title if we are reviewing the 
rule as part of our periodic review of existing rules under section 
610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).

    Priority: Entries are placed into one of five categories 
described below. OMB reviews all significant rules including both 
of the first two categories, ``economically significant'' and 
``other significant.''

    Economically Significant: Under E.O. 12866, a rulemaking action 
that may have an annual effect on the economy of $100 million or 
more, or adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, or tribal governments or 
communities.

    Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:

1. Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency;

2. Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights and obligations of recipients; or

3. Raise novel legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles in Executive Order 12866.

    Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or 
Informational/Administrative/Other.

    Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of 
Federal Regulations (e.g., certain State Implementation Plans, 
National Priority List updates, Significant New Use Rules, State 
Hazardous Waste Management Program actions, and Tolerance 
Exemptions). If an action that would normally be classified Routine 
and Frequent is reviewed by the Office of Management and Budget 
under E.O. 12866, then we would classify the action as either 
``Economically Significant'' or ``Other Significant.''

    Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of E.O. 
12866.

    Also, if we believe that a rule may be ``Major'' as defined in 
the Congressional Review Act (5 U.S.C. 801, et seq. ) because it is 
likely to result in an annual effect on the economy of $100 million 
or more or meets other criteria specified in this law, we indicate 
this under the ``Priority'' heading with the statement ``Major 
under 5 USC 801.''

    Legal Authority: The sections of the United States Code (USC), 
Public Law (PL), Executive Order (EO), or common name of the law 
that authorizes the regulatory action.

    CFR Citation: The sections of the Code of Federal Regulations 
that would be affected by the action.

    Legal Deadline: An indication of whether the rule is subject to 
a statutory or judicial deadline, the date of that deadline, and 
whether the deadline pertains to a Notice of Proposed Rulemaking, a 
Final Action, or some other action.

    Abstract: A brief description of the problem the action will 
address.

    Timetable: The dates (and citations) that documents for this 
action were published in the Federal Register and, where possible, 
a projected date for the next step. Projected publication dates 
frequently change during the course of developing an action. The 
projections in the agenda are our best estimates as of the date we 
submit the agenda for publication. For some entries, the timetable 
indicates that the date of the next action is ``to be determined.''

    Regulatory Flexibility Analysis Required: Indicates whether EPA 
has prepared or anticipates that it will be preparing a regulatory 
flexibility analysis under section 603 or 604 of the RFA. 
Generally, such an analysis is required for proposed or final rules 
subject to the RFA that EPA believes may have a significant 
economic impact on a substantial number of small entities.

    Small Entities Affected: Indicates whether we expect the rule 
to have any effect on small businesses, small governments, or small 
nonprofit organizations.

    Government Levels Affected: Indicates whether we expect the 
rule to have any effect on levels of government and, if so, whether 
the governments are State, local, tribal, or Federal.

    Federalism Implications: Indicates whether the action is 
expected to have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various 
levels of government.

    Unfunded Mandates: Section 202 of the Unfunded Mandates Reform 
Act generally requires an assessment of anticipated costs and 
benefits if a rule includes a mandate that may result in 
expenditures of more than $100 million in any one year by State, 
local, and tribal governments, in the aggregate, or by the private 
sector. If we expect to exceed this $100 million threshold, we note 
it in this section.

    Energy Impacts: Indicates whether the action is a significant 
energy action under E.O. 13211.

    International Trade Impacts: Indicates whether the action is 
likely to have international trade or investment effects, or 
otherwise be of international interest.

    Agency Contact: The name, address, phone number, and e-mail 
address, if available, of a person who is knowledgeable about the 
regulation.

    SAN Number: An identification number that EPA uses to track 
rulemakings and other actions under development.

    URLs: For some of our actions, we include the Internet 
addresses for reading copies of rulemaking documents, submitting 
comments on proposals, and getting more information about the 
rulemaking and the program of which it is a part. (Note: To submit 
comments on proposals, you can go to our electronic docket, which 
is at www.regulations.gov. Once there, follow the online 
instructions to access

[[Page 21876]]

the docket and submit comments. A docket identification (ID) number 
will assist in the search for materials. We include this number in 
the additional information section of many of the agenda entries 
that have already been proposed.)

    RIN: The Regulation Identifier Number is used by OMB to 
identify and track rulemakings. The first four digits of the RIN 
stand for the EPA office with lead responsibility for developing 
the action.

G. How Can I Find Out About Rulemakings That Start Up After the 
Regulatory Agenda Is Signed?

    EPA posts monthly information of new rulemakings that the 
Agency's senior managers have decided that we should develop. We 
also distribute this list via e-mail. You can see the current list, 
which we call the Action Initiation List at http://www.epa.gov/
lawsregs/search/ail.html where you will also find information about 
how to get an e-mail notification when a new list is posted.

H. What Tools for Mining Regulatory Agenda Data and for Finding More 
About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and 
Regulations.gov?

1. The http://www.reginfo.gov/ Searchable Database

    The Regulatory Information Service Center and Office of 
Information and Regulatory Affairs have revised a Federal 
regulatory dashboard and continue to allow users to view the 
Regulatory Agenda database (http://www.reginfo.gov/public/do/
eAgendaMain), which includes powerful search, display and data 
transmission options. At that site you can:

1. See the preamble. At the URL listed above for the Unified Agenda and 
Regulatory Plan, find ``Current Agenda Agency Preambles.'' 
Environmental Protection Agency is listed alphabetically under ``Other 
Executive Agencies.''

2. Get a complete list of EPA's entries in the current edition of the 
Agenda. Use the drop-down menu in the ``Select Agency'' box to find 
Environmental Protection Agency and ``Submit.''

3. View the contents of all of EPA's entries in the current edition of 
the Agenda. Choose ``Agenda/Regulatory Plan Search'' in the top right 
corner. Within the ``Agenda/Regulatory Plan Search'' screen, open 
``Advanced Search,'' then ``Continue.'' Select ``Environmental 
Protection Agency'' and ``Continue.'' Select ``Search,'' then ``View 
All RIN Data (Max 350).''

4. Get a listing of entries with specified characteristics. Follow the 
procedure described immediately above for viewing the contents of all 
entries, but on the screen entitled ``Advanced Search - Select 
Additional Fields,'' choose the characteristics you are seeking before 
``Search.'' For example, if you wish to see a listing of all 
economically significant actions that may have a significant economic 
impact on a substantial number of small businesses, you would check 
``Economically Significant'' under ``Priority'' and ``Business'' under 
``Regulatory Flexibility Analysis Required.''

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

2. Subject Matter EPA Web sites

    Some actions listed in the Agenda include a URL that provides 
additional information.

3. Public Dockets

    When EPA publishes either an Advanced Notice of Proposed 
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency 
typically establishes a docket to accumulate materials throughout 
the development process for that rulemaking. The docket serves as 
the repository for the collection of documents or information 
related to a particular Agency action or activity. EPA most 
commonly uses dockets for rulemaking actions, but dockets may also 
be used for Regulatory Flexibility Act section 610 reviews of rules 
with significant economic impacts on a substantial number of small 
entities and for various nonrulemaking activities, such as Federal 
Register documents seeking public comments on draft guidance, 
policy statements, information collection requests under the 
Paperwork Reduction Act, and other non-rule activities. Docket 
information should be in that action's agenda entry. All of EPA's 
public dockets can be located at www.regulations.gov.

4. EPA's Rulemaking Gateway

    EPA's newly released online Rulemaking Gateway (www.epa.gov/
rulemaking/) serves as a portal to EPA's priority rules, providing 
you with earlier and more concise information about Agency 
regulations. It also allows users to search for EPA rules that 
relate to specific interests, including impacts on small business; 
children's health; environmental justice; and State, local, and 
tribal government. The Rulemaking Gateway provides information as 
soon as work begins and provides updates on a monthly basis as new 
information becomes available. Time-sensitive information, such as 
notice of public meetings, is updated on a daily basis. Not all of 
EPA's regulatory agenda entries appear on the Rulemaking Gateway; 
only priority rulemakings can be found on the Gateway. You may 
access a definition of ``priority rulemakings'' here:

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

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

    Section 610 of the RFA requires that an agency review, within 
10 years of promulgation, each rule that has or will have a 
significant economic impact on a substantial number of small 
entities. EPA has three rules scheduled for 610 review in spring 
2010.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Rule Being Reviewed                                                     RIN                                      Docket ID
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Primary Drinking Water Regulations: Radionuclides                                  2040-AF19                              EPA-HQ-OW-2010-0166
 (Section 610 Review)
 
Effluent Guidelines and Standards for the Centralized Waste                                 2040-AF18                              EPA-HQ-OW-2010-0169
 Treatment Industry (Section 610 Review)
 

[[Page 21877]]

 
Tier II Light-Duty Vehicle and Light-Duty Truck Emission                                    2060-AQ12                             EPA-HQ-OAR-2010-0052
 Standards and Gasoline Sulfur Standards (Section 610 Review)
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has established official public dockets for these 610 
Reviews under the docket dentification (ID) numbers as indicated 
above. All documents in the dockets are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available; e.g., confidential business 
information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly 
available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the applicable program 
(Water or Air) docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Avenue NW., Washington, DC 20460. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744. Unless otherwise indicated, please 
direct your comments to the identified docket ID number for the 
specific 610 Review item. For these 610 Reviews, please DO NOT 
submit CBI or information that is otherwise protected by statute. 
You may submit comments using one of the following methods:

    1. Electronically. Go directly to www.regulations.gov and find 
``Advanced Docket Search.'' Enter the appropriate docket ID number. 
The system is an ``anonymous access'' system, which means EPA will 
not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment. If 
you do submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment. EPA's policy is 
that EPA will not edit your comment, and any identifying or contact 
information provided in the body of a comment will be included as 
part of the comment that is placed in the official public docket 
and made available in EPA's electronic public docket.

    2. By Mail . Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Docket  [insert 
applicable docket number], 1200 Pennsylvania Avenue NW., 
Washington, DC 20460.

    3. By Hand Delivery or Courier. Deliver your comments, 
identified by the Docket  [insert applicable docket 
number], to: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Avenue NW., Washington, DC 20460. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone 
number for the Reading Room is (202) 566-1744. Such deliveries are 
only accepted during the docket center's normal hours of operation 
as identified above. For more information on EPA's docket center, 
please visit http://www.epa.gov/epahome/dockets.htm.

    Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to 
consider these late comments. For this action, please DO NOT submit 
CBI or information that is otherwise protected by statute.

    J. What Other Special Attention Do We Give to the Impacts of 
Rules on Small Businesses, Small Governments, and Small Nonprofit 
Organizations?

    For each of our rulemakings, we consider whether there will be 
any adverse impact on any small entity. We attempt to fit the 
regulatory requirements, to the extent feasible, to the scale of 
the businesses, organizations, and governmental jurisdictions 
subject to the regulation.

    Under RFA/SBREFA (the Regulatory Flexibility Act as amended by 
the Small Business Regulatory Enforcement Fairness Act), the Agency 
must prepare a formal analysis of the potential negative impacts on 
small entities, convene a Small Business Advocacy Review Panel 
(proposed rule stage), and prepare a Small Entity Compliance Guide 
(final rule stage) unless the Agency certifies a rule will not have 
a significant economic impact on a substantial number of small 
entities. For more detailed information about the Agency's policy 
and practice with respect to implementing RFA/SBREFA, please visit 
the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.

    For a list of the rules under development for which a 
Regulatory Flexibility Analysis will be required and for a list of 
rules under development that may affect small entities, but not 
significantly affect a substantial number of them, go to: http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda.

K. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in solving the complex issues involved in protecting human 
health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the 
problems we face, and the regulatory agenda is an important part of 
that process.

Dated: February 25, 2010.

 Louise Wise,

Deputy Associate Administrator, Office of Policy, Economics, and 
Innovation.

[[Page 21878]]



                                          CLEAN AIR ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
264         SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and       2060-AQ12
            Gasoline Sulfur Standards (Section 610 Review)........................................
----------------------------------------------------------------------------------------------------------------


                                       CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
265         SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area            2060-AM44
            Sources: Industrial, Commercial, and Institutional Boilers............................
266         National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,     2060-AQ25
            Commercial, and Institutional Boilers and Process Heaters.............................
----------------------------------------------------------------------------------------------------------------


                                        CLEAN AIR ACT--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
267         SAN No. 5250 Renewable Fuels Standard Program.........................................    2060-AO81
----------------------------------------------------------------------------------------------------------------


                 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
268         SAN No. 5007 Pesticides; Competency Standards for Occupational Users..................    2070-AJ20
269         SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............    2070-AJ22
----------------------------------------------------------------------------------------------------------------


                            TOXIC SUBSTANCES CONTROL ACT (TSCA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
270         SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation,       2070-AJ57
            Repair, and Painting Program..........................................................
----------------------------------------------------------------------------------------------------------------


                              TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
271         SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the           2070-AJ55
            Renovation, Repair, and Painting Program..............................................
----------------------------------------------------------------------------------------------------------------


                                         CLEAN WATER ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
272         SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment        2040-AF18
            Industry (Section 610 Review).........................................................
----------------------------------------------------------------------------------------------------------------


[[Page 21879]]


                                  SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
273         SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610      2040-AF19
            Review)...............................................................................
----------------------------------------------------------------------------------------------------------------


                                SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
274         SAN No. 2281 National Primary Drinking Water Regulations: Radon.......................    2040-AA94
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Clean Air Act



_______________________________________________________________________




264.  TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK 
EMISSION STANDARDS AND GASOLINE SULFUR STANDARDS (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a 
regulation to require emission standards for light-duty vehicles and 
light-duty trucks through lowering tailpipe emission standards. 
Specifically, EPA sought to reduce emissions of nitrogen oxides and 
non-methane hydrocarbons, pollutants which contribute to ozone 
pollution. The rulemaking also provided limitations on the sulfur 
content of gasoline available nationwide. Sulfur in gasoline has a 
detrimental impact on catalyst performance and could be a limiting 
factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February 
19, 2010, EPA initiated a review of this rule to determine if it should 
be continued without change, or should be rescinded or amended to 
minimize adverse economic impacts on small entities (75 FR 7426). As 
part of this review, EPA is considering, and has solicited comments on, 
the following factors: (1) The continued need for the rule; (2) the 
nature of complaints or comments received concerning the rule; (3) the 
complexity of the rule; (4) the extent to which the rule overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the rule. The 
results of EPA's review will be summarized in a report and placed in 
the docket EPA-HQ-OAR-2010-0052. This docket can be accessed at 
www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      02/10/00                     65 FR 6698
Begin Review                    02/19/10                     75 FR 7426
End Comment Period              03/22/10
End Review                      10/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Tad Wysor, Environmental Protection Agency, Air and 
Radiation, USEPA, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: wysor.tad@epamail.epa.gov

Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A, 
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epamail.epa.gov

RIN: 2060-AQ12
_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act



_______________________________________________________________________




265. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA 
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS

Legal Authority: Clean Air Act sec 112

Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory 
requirements for EPA's stationary source air toxics program. Section 
112 mandates that EPA develop standards for hazardous air pollutants 
(HAP) for both major and area sources listed under section 112(c). This 
regulatory action will develop emission standards for boilers located 
at area sources. Section 112(k) requires development of standards for 
area sources, which account for 90 percent of the emissions in urban 
areas of the 30 urban (HAP) listed in the Integrated Urban Air Toxics 
Strategy. These area source standards can require control levels which 
are equivalent to either MACT or generally available control technology 
(GACT). The Integrated Air Toxics Strategy lists industrial boilers and 
commercial/institutional boilers as area source categories for 
regulation pursuant to Section 112(c). Industrial boilers and 
institutional/commercial boilers are on the list of section 112(c)(6) 
source categories. In this rulemaking, EPA will develop standards for 
these source categories.

[[Page 21880]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10
Final Action                    12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and 
Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Email: eddinger.jim@epamail.epa.gov

RobertJ Wayland, Environmental Protection Agency, Air and Radiation, 
D243-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epamail.epa.gov

RIN: 2060-AM44
_______________________________________________________________________




266.  NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 
POLLUTANTS FOR MAJOR SOURCE INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 
BOILERS AND PROCESS HEATERS

Legal Authority: Clean Air Act sec 112

Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory 
requirements for EPA's stationary source air toxics program. Section 
112 mandates that EPA develop standards for hazardous air pollutants 
(HAP) for both major and area sources listed under section 112(c). This 
regulatory action will develop emission standards for boilers and 
process heaters located at major sources. Section 112(d)(2) requires 
that emission standards for major sources be based on the maximum 
achievable control technology (MACT). Industrial boilers and 
institutional/commercial boilers are on the list of section 112(c)(6) 
source categories. In this rulemaking, EPA will develop standards for 
these source categories.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10
Final Action                    12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James Eddinger, Environmental Protection Agency, Air 
and Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov

Robert J. Wayland, Environmental Protection Agency, Air and Radiation, 
C439-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epamail.epa.gov

RIN: 2060-AQ25
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Clean Air Act



_______________________________________________________________________




267. RENEWABLE FUELS STANDARD PROGRAM

Legal Authority: Clean Air Act sec 211(o)

Abstract: This rulemaking will implement provisions in title II of the 
2007 Energy Independence and Security Act (EISA) that amend section 
211(o) of the Clean Air Act. The amendments revise the National 
Renewable Fuels Standard Program in the United States, increasing the 
national requirement to a total of 36 billion gallons of total 
renewable fuel in 2022. Application of the new standards now apply to 
diesel fuel producers in addition to gasoline producers and to nonroad 
fuels in addition to highway fuels. The new requirements also establish 
new renewable fuel categories and specific volume standards for 
cellulosic and advanced renewable fuels, biomass based diesel and total 
renewable fuels. Further, the amendments establish new eligibility 
requirements for meeting the renewable fuel standards including 
application of a specific definition for biomass, restrictions on what 
land feedstocks can come from and establish minimum lifecycle 
greenhouse gas reduction thresholds for the various categories of 
renewable fuels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/26/09                    74 FR 24903
NPRM Comment Period Extended    07/07/09                    74 FR 32091
NPRM Comment Period End         07/27/09
NPRM Comment Period Extended To 09/25/09
Final Action                    03/26/10                    75 FR 14670

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air 
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov

David Korotney, Environmental Protection Agency, Air and Radiation, 
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: korotney.david@epamail.epa.gov

RIN: 2060-AO81

[[Page 21881]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



_______________________________________________________________________




268. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS

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

Abstract: The EPA is proposing to change the Federal regulations under 
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that 
guide the certified pesticide applicator program (40 CFR 171). Change 
is sought to strengthen the regulations to better protect pesticide 
applicators and the public and the environment from harm due to 
pesticide exposure. The possible need for change arose from EPA 
discussions with key stakeholders. EPA has been in extensive 
discussions with stakeholders since 1997 when the Certification and 
Training Assessment Group (CTAG) was established. CTAG is a forum used 
by regulatory and academic stakeholders to discuss the current state 
of, and the need for improvements in, the national certified pesticide 
applicator program. Throughout these extensive interactions with 
stakeholders, EPA has learned of the potential need for changes to the 
regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of 
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov

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: pont.richard@epa.gov

RIN: 2070-AJ20
_______________________________________________________________________




269. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

Abstract: The EPA is developing a proposal under the Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the 
federal regulations guiding agricultural worker protection (40 CFR 
170). The changes under consideration are intended to improve 
agricultural workers' ability to protect themselves from potential 
exposure to pesticides and pesticide residues. In addition, EPA is 
proposing to make adjustments to improve and clarify current 
requirements and facilitate enforcement. Other changes sought are to 
establish a right-to-know Hazard Communication program and make 
improvements to pesticide safety training, with improved worker safety 
the intended outcome. The potential need for change arose from EPA 
discussions with key stakeholders beginning in 1996 and continuing 
through 2004. EPA held nine public meetings throughout the country 
during which the public submitted written and verbal comments on issues 
of their concern. In 2000 through 2004, EPA held meetings where invited 
stakeholders identified their issues and concerns with the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of 
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov

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: pont.richard@epa.gov

RIN: 2070-AJ22
_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Toxic Substances Control Act (TSCA)



_______________________________________________________________________




270. LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR THE 
RENOVATION, REPAIR, AND PAINTING PROGRAM

Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 
2686; 15 USC 2687

Abstract: EPA intends to propose several revisions to the 2008 Lead 
Renovation, Repair, and Painting Program (RRP) rule that established 
accreditation, training, certification, and recordkeeping requirements 
as well as work practice standards for persons performing renovations 
for compensation in most pre-1978 housing and child-occupied 
facilities. Current requirements include training renovators, other 
renovation workers, and dust sampling technicians; for certifying 
renovators, dust sampling technicians, and renovation firms; for 
accrediting providers of renovation and dust sampling technician 
training; for renovation work practices; and for recordkeeping. EPA is 
particularly concerned about dust lead hazards generated by renovations 
because children, especially younger children, are at risk for high 
exposures of lead-based paint dust via hand-to-mouth exposure. For this 
particular action, EPA will consider whether to establish additional 
requirements to ensure that renovation work areas are adequately 
cleaned after renovation work is finished and before the areas are re-
occupied. These additional requirements may include dust wipe testing 
after renovations and ensuring that renovation work areas meet 
clearance standards before re-occupancy.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10
Final Action                    07/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office 
of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 
20460

[[Page 21882]]

Phone: 202 566-0484
Email: wheeler.cindy@epa.gov

Michelle Price, Environmental Protection Agency, Office of Prevention, 
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: price.michelle@epa.gov

RIN: 2070-AJ57
_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Toxic Substances Control Act (TSCA)



_______________________________________________________________________




271. LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE 
RENOVATION, REPAIR, AND PAINTING PROGRAM

Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 
2686; 15 USC 2687

Abstract: As part of a lawsuit settlement, EPA agreed to propose 
several revisions to the 2008 Lead Renovation, Repair, and Painting 
Program (RRP) rule that established accreditation, training, 
certification, and recordkeeping requirements as well as work practice 
standards on persons performing renovations for compensation in most 
pre-1978 housing and child-occupied facilities. In October of 2008, EPA 
proposed amendments to the opt-out provision that currently exempts a 
renovator from the training and work practice requirements of the rule 
when he or she obtains a certification from the owner of a residence he 
or she occupies that no child under age 6 or pregnant women resides in 
the home and the home is not a child-occupied facility. EPA also 
proposed revisions that involve renovation firms providing the owner 
with a copy of the records they are currently required to maintain to 
demonstrate compliance with the training and work practice requirements 
of the RRP rule and, if different, providing the information to the 
occupant of the building being renovated or the operator of the child-
occupied facility. In addition to the proposed amendments, EPA 
considered various minor amendments to the regulations concerning 
training provider accreditations, renovator certifications and State 
and tribal program requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/28/09                    74 FR 55506
NPRM Comment Period End         11/27/09
Final Action                    04/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Marc Edmonds, Environmental Protection Agency, Office 
of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 
20460
Phone: 202 566-0758
Email: edmonds.marc@epa.gov

Michelle Price, Environmental Protection Agency, Office of Prevention, 
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: price.michelle@epa.gov

RIN: 2070-AJ55
_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Clean Water Act



_______________________________________________________________________




272.  EFFLUENT GUIDELINES AND STANDARDS FOR THE 
CENTRALIZED WASTE TREATMENT INDUSTRY (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: In December 2000, EPA promulgated effluent limitations for 
the Centralized Waste Treatment (CWT) Point Source Category at 40 CFR 
437 (65 FR 81241, December 22, 2000). A CWT facility treats or recovers 
hazardous or non-hazardous industrial waste, wastewater, or used 
material from off-site. The regulation established wastewater discharge 
standards for three major types of wastes: metal-bearing, oily, and 
organic. EPA issued a Small Entity Compliance Guide, which provides 
easy-to-read descriptions of the regulations and other helpful 
information on how to comply such as a question and answer section.
EPA announces this new action, pursuant to Section 610 of the 
Regulatory Flexibility Act, to initiate a review of the rule to 
determine if it should be continued without change, or should be 
rescinded or amended to minimize adverse economic impacts on small 
entities. As part of this review, EPA will consider, and solicits 
comments on, the following factors: (1) The continued need for the 
rule; (2) the nature of complaints or comments received concerning the 
rule; (3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. Comments must be received by 90 days from this publication. In 
submitting comments, please reference Docket ID number EPA-HQ-OW-2010-
0169, and follow the instructions provided in an earlier section of the 
preamble to this issue of the Regulatory Agenda. EPA will summarize the 
results of this review in a report and place that report in the 
rulemaking docket referenced above. You can access that docket at 
www.regulations.gov.
EPA continues to view the effluent limitations for the CWT category as 
a necessary component of the comprehensive program to restore and 
maintain the quality of our Nation's waters. EPA intends to continue to 
require compliance with the regulation. Until and unless the Agency 
modifies the rule, the discharges described in 40 CFR 437.1 remain 
subject to the final rules.

[[Page 21883]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/22/00                    65 FR 81241
Begin Review                    04/00/10
End Comment Period              07/00/10
End Review                      12/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Erik Helm, Environmental Protection Agency, 4303T, 
Washington, DC 20460
Phone: 202 566-1049
Fax: 202 566-1053
Email: helm.erik@epa.gov

RIN: 2040-AF18
_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




273.  NATIONAL PRIMARY DRINKING WATER REGULATIONS: 
RADIONUCLIDES (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final 
revised and/or new national primary drinking water regulations (NPDWRs) 
for non-radon radionuclides as authorized by the Safe Drinking Water 
Act. In this action, referred to as the Radionuclides Rule, EPA 
promulgated maximum contaminant level goals (MCLGs), maximum 
contaminant levels (MCLs), monitoring, reporting, and public 
notification requirements for gross alpha particle activity, combined 
radium-226 and 228, beta particle and photon activity and uranium. The 
Radionuclides Rule became effective on December 8, 2003. EPA developed 
a Final Regulatory Flexibility Analysis for the Radionuclides Rule and 
took several steps to lessen the impacts on small entities (i.e., small 
systems). These steps included: (1) The selection of a less stringent 
MCL for uranium, (2) a reduction in the overall monitoring frequencies 
for systems with radionuclides levels less than the MCL, (3) allowance 
of grandfathered data and State monitoring discretion for determining 
the initial monitoring baseline, and (4) the exclusion of non-
transient, non-community water systems from the radionuclides 
regulations. EPA continues to view the NPDWRs for radionuclides as 
important components to ensuring and protecting the health of consumers 
served by public drinking water systems and intends to continue to 
require compliance with these NPDWRs.
While EPA has taken steps to evaluate and mitigate impacts on small 
entities as part of the promulgation of the Radonuclides Rule, this new 
entry in the regulatory agenda announces that EPA will review the 
NPDWRs for radionuclides pursuant to section 610 of the Regulatory 
Flexibility Act (5 U.S.C. 610). As part of this review, EPA will 
consider and solicit comments on the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received concerning the rule; (3) the complexity of the rule; (4) the 
extent to which the rule overlaps, duplicates, or conflicts with other 
Federal, State, or local government rules; and (5) the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. Comments must be received within 90 days 
of this notice. In submitting comments, please reference Docket ID EPA-
HQ-OW-2010-0166 and follow the instructions provided in the preamble to 
this issue of the Regulatory Agenda. This docket can be accessed at 
www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/07/00                    65 FR 76708
Begin Review                    04/00/10
End Comment Period              07/00/10
End Review                      12/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water, 
4101M, Washington, DC 20460
Phone: 202 564-0264
Fax: 202 564-0194
Email: evalenko.sandy@epamail.epa.gov

Stephanie Flaharty, Environmental Protection Agency, Water, 4601M, 
Washington, DC 20460
Phone: 202 564-5072
Fax: 202 564-3753
Email: flaharty.stephanie@epamail.epa.gov

RIN: 2040-AF19
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




274. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON

Legal Authority: 42 USC 300f et seq

Abstract: In 1999, EPA proposed regulations for radon which provide 
flexibility in how to manage the health risks from radon in drinking 
water. The proposal was based on the unique framework in the 1996 SDWA. 
The proposed regulation would provide for either a maximum contaminant 
level (MCL), or an alternative maximum contaminant level (AMCL) with a 
multimedia mitigation (MMM) program to address radon in indoor air. 
Under the proposal, public water systems in States that adopted 
qualifying MMM programs would be subject to the AMCL, while those in 
States that did not adopt such programs would be subject to the MCL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/30/86                    51 FR 34836
NPRM original                   07/18/91                    56 FR 33050
Notice99                        02/26/99                     64 FR 9560
NPRM                            11/02/99                    64 FR 59246
NPRM Comment Period End         01/03/00
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

[[Page 21884]]

Agency Contact: Rebecca Allen, Environmental Protection Agency, Water, 
4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov

Eric Burneson, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-5250
Email: burneson.eric@epa.gov

RIN: 2040-AA94
[FR Doc. 2010-8940 Filed 04-23-10; 8:45 am]
BILLING CODE 6560-50-S