[The Regulatory Plan and 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 XI





Environmental Protection Agency





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Semiannual Regulatory Agenda

[[Page 71424]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-8702-9]

[EPA-HQ-OAR-2008-0205

[EPA-HQ-OAR-2008-0206

[EPA-HQ-OW-2008-0226

Fall 2008 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:

    ``Semiannual regulatory agenda,'' ``E-Agenda,'' and ``online 
regulatory agenda,'' all refer to the same comprehensive collection 
of information that used to be published in the Federal Register, 
but which is now available through an online database but not be 
published in the Federal Register.

    ``Regulatory Plan'' refers to the document published in part 2 
of the Federal Register that addresses the core of the Agency's 
regulatory priorities that will be issued in the coming fiscal 
year.

    ``Regulatory Flexibility Agenda'' refers to a document about 
regulations with a significant impact on a substantial number of 
small entities that will continue to be published in the Federal 
Register because of a requirement of the Regulatory Flexibility 
Act.

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

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

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

FOR FURTHER INFORMATION CONTACT:  If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about EPA's 
regulatory agenda, regulatory plan, regulatory flexibility agenda, or 
EPA's regulatory development process, please contact: Phil Schwartz 
([email protected]; 202-564-6564) or Caryn Muellerleile 
([email protected]; 202-564-2855).

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

     If you would like to receive a monthly e-mail with a link to 
our new update, the Action Initiation List, go to http://
www.epa.gov/lawsregs/search/ail.htmlnotification and 
complete the five steps listed there.

     If you would like to receive a hard copy of the semiannual 
agenda about 2 to 3 months after publication, please send an e-mail 
with your name and complete address to: [email protected] and put 
``Regulatory Agenda Hard Copy'' in the subject line, or call 800-
490-9198. There is no charge for a single copy of the agenda.

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 Inform 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 Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

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

G. New Monthly Update Tool: The Action Initiation List

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

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

J. Thank You for Collaborating With Us.

A. Map of Regulatory Agenda Information

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                                                                                                                                    Federal Register
                          Part of Agenda                                                On-line locations                               Location
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Semiannual Regulatory Agenda                                             www.reginfo.gov/ and www.epa.gov/opei/orpm.html                Not in FR
 
Annual Regulatory Plan                                                   www.reginfo.gov/ and www.epa.gov/opei/orpm.html         Part 2 of today's issue
 
Semiannual Regulatory Flexibility Agenda                                 www.reginfo.gov/ and www.epa.gov/opei/orpm.html        Part 22 of today's issue
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
 
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[[Page 71425]]

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

     Our primary objective is to protect human health and the 
environment. One way we achieve this objective is through the 
development of regulations. In the United States, Congress passes 
laws and authorizes certain Government agencies, including EPA, to 
create and enforce regulations. EPA regulations cover a range of 
environmental and public health protection issues from setting 
standards for clean water, to establishing requirements for proper 
handling of toxic wastes, to controlling air pollution from 
industry and other sources.

     To ensure that our regulatory decisions are scientifically 
sound, cost-effective, fair, and effective in achieving 
environmental goals, we conduct high quality scientific, economic, 
and policy analyses. These analyses are planned and initiated at 
early stages in the regulatory development process so that Agency 
decisionmakers are well informed of the qualitative and 
quantitative benefits and costs as they select among alternative 
approaches. It is also important that we continue to apply new and 
improved methods to protect the environment, such as: Building 
flexibility into regulations from the very beginning, creating 
strong partnerships with the regulated community, vigorously 
engaging in public outreach and involvement, and using effective 
nonregulatory approaches. We seek collaborative solutions to shared 
challenges. Research, testing, and adoption of new environmental 
protection methods are also a central tenet in environmental 
problem solving. The integration of all of these elements via a 
well-managed regulatory development process and a strong commitment 
to innovative solutions will ensure that we all benefit from 
significant environmental improvements that are fair, efficient, 
and protective. Our overall success is measured by our 
effectiveness in protecting human health and the environment. For a 
more expansive discussion of our regulatory philosophy and 
priorities, please see the Statement of Priorities in the FY 2009 
regulatory plan (http://epa.gov/opei/orpm.htmlagenda).

     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; FR 28355; May 22, 
2001).

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

     You can make your voice heard by getting in touch with the 
contact person provided in each agenda entry. We urge you to 
participate as early in the process as possible. You may also 
participate by commenting on proposed rules that we publish in the 
Federal Register (FR). Information on submitting comments to the 
rulemaking docket is provided in each of our Notices of Proposed 
Rulemaking (NPRMs), and we always accept comments through the 
regulations.gov e-docket. To be most effective, comments should 
contain information and data that support your position, and you 
also should explain why we should incorporate your suggestion in 
the rule or nonregulatory action. You can be particularly helpful 
and persuasive if you provide examples to illustrate your concerns 
and offer specific alternatives.

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

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

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

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

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

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

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

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

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

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

     The Regulatory Flexibility Agenda normally includes:

 Actions that are likely to have a significant economic impact 
on a substantial number of small entities, and

[[Page 71426]]

 Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act

E. How Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

     The Regulatory Plan is organized according to the current 
stage of development. The stages are:

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.

     We have organized the Regulatory Flexibility Agenda as 
follows:

    First, into divisions based on the law that would authorize a 
particular action. A ``General'' division which includes 
crosscutting actions, such as rules authorized by multiple statutes 
and general acquisition rules precedes the media statutes (Clean 
Air Act (CAA), Clean Water Act (CWA), etc.)

    Second, by the current stage of development. The stages are:

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 October 2009.

5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2008 agenda. It also includes actions that we are no longer 
considering. If an action appears in the completed section, it will not 
appear in future agendas unless we decide to initiate action again, in 
which case it will appear as a new entry. EPA also announces the 
results of our Regulatory Flexibility Act section 610 reviews in this 
section of the Agenda.

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

     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 U.S.C. 801.''

    Legal Authority: The sections of the United States Code 
(U.S.C.), Public Law (P.L.), Executive Order (E.O.), 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

[[Page 71427]]

or judicial deadline, the date of that deadline, and whether the 
deadline pertains to a Notice of Proposed Rulemaking, a Final 
Action, or some other action.

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

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

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

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

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

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

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

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

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

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

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

    URLs: For some of our actions we include the Internet addresses 
for: Reading copies of rulemaking documents; submitting comments on 
proposals; and getting more information about the rulemaking and 
the program of which it is a part. (Note: To submit comments on 
proposals, you can go to our electronic docket which is at: 
www.regulations.gov. Once there, follow the online instructions to 
access the docket and submit comments. A Docket identification (ID) 
number will assist in the search for materials. We include this 
number in the additional information section of many of the agenda 
entries that have already been proposed.)

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

     Regulatory Plan entries include all categories of information 
included in E-Agenda entries, plus:

    Sequence Number, Statement of Need, Summary of Legal Basis, 
Alternatives, Anticipated Costs and Benefits, and Risks.

G. New Monthly Update Tool: The Action Initiation List

     Continuing to build on EPA's tradition of open, transparent 
rulemaking, last April we started posting each month a list of the 
regulations which had been approved for development. We call this 
list the Action Initiation List. You can see the current 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 Other Tools for Finding Out About EPA Rules and Policies Are 
Available at Reginfo.gov, Regulations.gov, and EPA.gov?

1. Regulatory Agenda Search Engines

     If you want to quickly identify the regulation(s) of interest 
to you, we recommend that you go to www.reginfo.gov/public/do/
eAgendaMain and use the E-Agenda database and its powerful search, 
and advanced search features. With advanced searches you can 
specify the values you are interested in for up to 21 Agenda data 
fields. This database also lets you access information from 
previous versions of the Agenda and Plan.

2. Public Dockets

     When EPA publishes either an Advanced Notice of Proposed 
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency 
may establish a docket to accumulate materials throughout the 
development process for that rulemaking. The docket serves as the 
repository for the collection of documents or information related 
to a particular Agency action or activity. EPA most commonly uses 
dockets for rulemaking actions, but dockets may also be used for 
Regulatory Flexibility Act section 610 reviews of rules with 
significant impacts on a substantial number of small entities and 
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. If there is a docket 
on a particular action, information about the location will be in 
that action's Agenda entry. EPA opens an electronic docket for each 
of our proposed rules by the time we publish them in the Federal 
Register. All of our electronic dockets are housed at 
www.regulations.gov where you can review the proposed rule, 
supporting documents, and public comments, and where you may 
electronically submit your own comments and make use of the 
bookmarking and notification features.

3. Subject Matter EPA Web sites

     More than 100 of the actions listed in the agenda include a 
URL that provides additional information about the program that the 
action belongs to.


[[Page 71428]]



4. Listservers

     If you want to get automatic e-mails about areas of particular 
interest, we maintain 12 listservers including:

a. Air

b. Water

c. Wastes and emergency response

d. Pesticides

e. Toxic substances

f. Right-to-know and toxic release inventory

g. Environmental impacts

h. Endangered species

i. Meetings

j. The Science Advisory Board

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

l. General information.

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

    www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail without 
full Internet access, please send an e-mail to [email protected] to 
request instructions for subscribing to the EPA Federal Register 
listservers.

I. What 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/. You may 
search http://www.reginfo.gov/public/do/eAgendaAdvancedSearch to 
find a list of EPA's entries for which a Regulatory Flexibility 
Analysis is required or for a list of EPA's entries that may affect 
small entities, but which we do not expect will have a significant 
economic impact on a substantial number of them.

     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 (SEIOSNOSE). EPA has three rules under 610 review in 2008.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Rule Being Reviewed                                                     RIN                                      Docket ID
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC Regulation for Architectural Coatings (Section 610 Review)                              2060-AP09                             EPA-HQ-OAR-2008-0205
 
Control of Emissions of Air Pollution From Nonroad Diesel Engines                           2060-AO82                             EPA-HQ-OAR-2008-0206
 (Section 610 Review)
 
National Primary Drinking Water Regulations: Stage I Disinfectant/                          2040-AE97                              EPA-HQ-OW-2008-0226
 Disinfection By-Products Rule (Section 610 Review)
--------------------------------------------------------------------------------------------------------------------------------------------------------

     EPA undertakes section 610 reviews to decide whether the 
agency should continue a rule unchanged, amend it, or withdraw it. 
EPA announced these three 610 reviews in the ``Prerule'' section of 
the spring 2008 Agenda. We encouraged small entities to provide 
comments on the need to change these rules, and in particular, how 
the rules could be made clearer, more effective, or if there is 
need to remove conflicting or overlapping requirements with other 
Federal or State regulations. More information on the results of 
each of these reviews is available in the abstract section of each 
individual 610 review Agenda entry.

J. 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 proven tool for solving the 
environmental problems we face and the regulatory agenda is an 
important part of that process.

Dated: August 29, 2008.

 Louise P. Wise,

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

                                    CLEAN AIR ACT (CAA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
405         SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional            2060-AM44
            Boilers, and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
            Institutional Boilers at Area Sources.................................................
406         SAN No. 5250 Renewable Fuels Standard Program (Reg Plan Seq No. 103)..................    2060-AO81
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 71429]]


                                     CLEAN AIR ACT (CAA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
407         SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment...    2060-AM34
408         SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines            2060-AO82
            (Completion of a Section 610 Review)..................................................
409         SAN No. 5255 VOC Regulation for Architectural Coatings (Completion of a Section 610       2060-AP09
            Review)...............................................................................
----------------------------------------------------------------------------------------------------------------


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


                                SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
412         SAN No. 2281 National Primary Drinking Water Regulations: Radon.......................    2040-AA94
413         SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total          2040-AD94
            Coliform Monitoring and Analytical Requirements and Consideration of Distribution
            System Issues.........................................................................
----------------------------------------------------------------------------------------------------------------


                                SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
414         SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant/           2040-AE97
            Disinfection By-Products Rule (Completion of a Section 610 Review)....................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act (CAA)



_______________________________________________________________________




405. COMBINED RULEMAKING FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 
BOILERS, AND PROCESS HEATERS AT MAJOR SOURCES OF HAP AND INDUSTRIAL, 
COMMERCIAL, AND INSTITUTIONAL BOILERS AT AREA SOURCES

Legal Authority: CAA sec 112

Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory 
requirements for EPA's stationary source air toxics program. Section 
112 mandates that EPA develop standards for hazardous air pollutants 
(HAP) for both major and area sources listed under section 112(c). 
Industrial boilers, commercial/institutional boilers, and process 
heaters are listed as major sources of HAP. Section 112(k) requires 
development of standards for area sources which account for 90 percent 
of the emissions in urban areas of the 33 urban (HAP) listed in the 
Integrated Urban Air Toxics Strategy. These area source standards can 
require control levels which are equivalent to either maximum 
achievable control technology (MACT) or generally available control 
technology (GACT). The Integrated Air Toxics Strategy lists industrial 
boilers and commercial/institutional boilers as area source categories. 
Both industrial boilers and institutional/commercial boilers are on the 
list of section 112(c)(6) source categories.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/08
Final Action                    12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and 
Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Email: [email protected]

Robert J. Wayland, Environmental Protection Agency, Air and Radiation, 
C439-01, Research Triangle Park, NC 27711
Phone: 919 541-1045

[[Page 71430]]

Email: [email protected]

RIN: 2060-AM44
_______________________________________________________________________




406. RENEWABLE FUELS STANDARD PROGRAM

 Regulatory Plan: This entry is Seq. No. 103 in part II of this issue 
of the Federal Register.

RIN: 2060-AO81
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Clean Air Act (CAA)



_______________________________________________________________________




407. CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AND 
EQUIPMENT

Legal Authority: 42 USC 7521 to 7601(a)

Abstract: In this rulemaking, EPA is promulgating exhaust emission 
standards for new nonroad spark-ignition engines that will 
substantially reduce emissions from these engines. The standards would 
apply starting in 2009 for new marine spark-ignition engines, including 
first-time EPA standards for sterndrive and inboard engines. The 
standards would apply starting in 2011 and 2012 for different sizes of 
new land-based, spark-ignition engines at or below 19 kilowatts (kW), 
which is equivalent to about 25 horsepower. These small engines are 
used primarily in lawn and garden applications. We are also 
promulgating evaporative emission standards for vessels and equipment 
using any of these engines. Nationwide, these emission sources 
contribute to ozone, carbon monoxide (CO), and particulate matter (PM) 
nonattainment.
We estimate that by 2030, this rule would result in significantly 
reduced pollutant emissions from regulated engine and equipment 
sources, including estimated annual nationwide reductions of 631,000 
tons of volatile organic hydrocarbon emissions, 98,200 tons of NOx 
emissions, and 6,300 tons of direct particulate matter (PM2.5) 
emissions. These reductions correspond to significant reductions in the 
formation of ground-level ozone. We would also expect to see annual 
reductions of 2,690,000 tons of carbon monoxide emissions, with the 
greatest reductions in areas where there have been problems with 
individual exposures. The requirements in this rule will substantially 
benefit public health and welfare and the environment. We estimate that 
by 2030, the rule's emission reductions would annually prevent 450 PM-
related premature deaths, approximately 500 hospitalizations, and 
52,000 work days lost. The total estimated annual benefits of the rule 
in 2030 would be $3.4 billion. Estimated costs in 2030 would be many 
times less at $240 million.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/08/08                    73 FR 59034
Final Action Effective          12/08/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Glenn Passavant
Phone: 734 214-4408
Fax: 734 214-4816
Email: [email protected]

RIN: 2060-AM34
_______________________________________________________________________




408. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL ENGINES 
(COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On October 23, 1998 (63 FR 56968), EPA promulgated a rule 
setting emission standards for nonroad compression-ignition (CI) 
engines under authority of section 213 of the Clean Air Act. These 
standards are codified in the Code of Federal Regulations at 40 CFR 
part 89. Pursuant to section 610 of the Regulatory Flexibility Act, EPA 
has reviewed 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. This review was announced in the Regulatory 
Agenda on May 5, 2008 (73 FR 24761). 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. No comments were received. The results of 
EPA's review have been summarized in a report and placed in the 
rulemaking docket (docket number EPA-HQ-OAR-2008-0206 at 
www.regulations.gov). These results are briefly summarized here.
One of the factors that must be considered in a section 610 review is 
the continued need for the rule under review. The Agency finds that 
there is a continued need for the emission standards and related 
provisions for nonroad CI engines. Many areas of the country do not 
meet the National Ambient Air Quality Standards (NAAQS) for ozone or 
particulate matter (PM2.5). Both of these environmental problems are 
addressed in part by the October 1998 rule. The Agency must also 
consider the complexity of the rule under review. The 1998 rule 
incorporated a number of provisions aimed at easing the burden of 
compliance for equipment manufacturers, many of whom are small 
businesses. These included provisions that allow the limited use of 
engines meeting the previous emission standards during the initial 
years of the program to help smooth the transition to the new 
standards. EPA believes that the transitional flexibilities afforded by 
these provisions mitigate the implementation complexity of the rule 
while meeting statutory objectives. The Agency must also consider the 
extent to which the nonroad CI engine rule overlaps, duplicates, or 
conflicts with other Federal, State, or local government rules. The 
Agency believes the rules for nonroad CI engines do not duplicate or 
conflict with any other rule. Under the CAA, both EPA and the state of 
California are authorized to have emission control program requirements

[[Page 71431]]

covering these engines and, indeed, both do now have such programs. EPA 
worked closely with the State of California in developing the October 
1998 Federal rule to assure that the two rules do not conflict or 
overlap. Finally, the Agency must consider the length of time since the 
rule in question has been evaluated, or the degree to which technology, 
economic conditions, or other factors have changed. Technology advances 
since 1998 have enabled EPA to adopt a new set of emission requirements 
that will succeed the 1998 standards between 2008 and 2015. These new 
standards include provisions similar to those from the 1998 rule aimed 
at easing the burden of compliance for both engine manufacturers and 
equipment manufacturers, many of which are small businesses. Based on 
EPA's section 610 review, including the fact that no comments were 
received as a result of the review, no amendments are planned at this 
time. As part of any future rulemakings in this area, EPA will continue 
to work with small-entity representatives to reduce unfavorable impacts 
to the extent appropriate while meeting the need for emission 
reductions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      10/23/98                    63 FR 56967
Begin Review                    05/05/08                    73 FR 24755
End Comment Period              08/04/08
End Review                      09/02/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Tom Eagles, Environmental Protection Agency, Air and 
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Email: [email protected]

RIN: 2060-AO82
_______________________________________________________________________




409. VOC REGULATION FOR ARCHITECTURAL COATINGS (COMPLETION OF A SECTION 
610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On September 11, 1998 (63 FR 48848), EPA promulgated a 
regulation to control volatile organic compound (VOC) emissions from 
architectural coatings. These requirements, codified at 40 CFR part 79, 
subpart D, were promulgated under section 183(e) of the Clean Air Act 
(CAA). Pursuant to section 610 of the Regulatory Flexibility Act, EPA 
has reviewed 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. 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 results of EPA's review have been 
summarized in a report and placed in the rulemaking docket (docket 
number EPA-HQ-OAR-2008-0205 at www.regulations.gov). These results are 
briefly summarized here.
One of the factors that must be considered in a section 610 review is 
the continued need for the rule under review. The rule remains 
necessary to help fulfill the requirements of CAA section 183(e), which 
addresses the persistent ozone nonattainment problem in many areas. The 
Agency must also consider the nature of any complaints about the rule. 
One comment letter was received. The commenter asserted that the use of 
relative reactivity should be incorporated into this rule. We agree 
that not all VOC are equal in their effects on ground-level ozone 
formation. However, we believe that adoption of a reactivity-based 
approach for the architectural coatings rule at this time would not 
provide significant benefits to small coatings manufacturers and, in 
some cases, could present small businesses with the additional burden 
of research and development to carry out product reformulation that 
could be required to comply with a new, reactivity-based rule. The 
Agency must also consider the complexity of the rule under review. The 
1998 rule incorporated a number of provisions aimed at easing the 
burden of compliance, and the Agency published accompanying guidance to 
help small businesses comply with the rule. Accordingly, and in light 
of the fact that we received no comments on rule complexity, we do not 
believe that complexity is a barrier to understanding and complying 
with the rule. The Agency must also consider the extent to which the 
rule overlaps, duplicates, or conflicts with other Federal, State, or 
local government rules. Several States have architectural coatings 
rules that are more stringent and cover more categories than the 1998 
Federal architectural coatings rule. Consequently, many entities are 
marketing architectural coatings that are lower in VOC content than 
required by the Federal rule. However, we know of no instances where 
the federal rule conflicts with existing State rules. Finally, the 
Agency must consider the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule since it was promulgated. Many low-VOC and non-VOC architectural 
coatings have been developed since promulgation of this rule in 1998. 
Consequently, the VOC limits in the existing Federal rule pose no 
unreasonable burden on small or large companies. Regarding reactivity, 
as discussed above, although we believe that changes in technology do 
not warrant revision of the architectural coatings rule at this time, 
we are open to initiating dialogue on the subject of broadly applied 
reactivity-based approaches to VOC regulation. Based on the foregoing 
considerations, the Agency believes that the current architectural 
coatings rule provides for needed VOC reductions without undue burden 
on small entities, and does not warrant revision at thistime.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    09/11/98                    63 FR 48848
Begin Review                    05/05/08                    73 FR 24755
End Comment Period              08/04/08
End Review                      09/02/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Tom Eagles, Environmental Protection Agency, Air and 
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Email: [email protected]

RIN: 2060-AP09

[[Page 71432]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



_______________________________________________________________________




410. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS

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

Abstract: The EPA is proposing change to federal regulations guiding 
the certified pesticide applicator program (40 CFR 171). Change is 
sought to strengthen the regulations to better protect pesticide 
applicators and the public and the environment from harm due to 
pesticide exposure. Changes may include having certain occupational 
users of pesticides demonstrate competency by meeting minimum 
competency requirements. The 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 need for changes to the regulation.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of 
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]

Richard Pont, Environmental Protection Agency, Office of Prevention, 
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]

RIN: 2070-AJ20
_______________________________________________________________________




411. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

Abstract: The EPA is developing a proposal to revise the federal 
regulations guiding agricultural worker protection (40 CFR 170). The 
changes under consideration are intended to improve agricultural 
workers' ability to protect themselves from potential exposure to 
pesticides and pesticide residues. In addition, EPA is proposing to 
make adjustments to improve and clarify current requirements and 
facilitate enforcement. Other changes sought are to establish a right-
to-know Hazard Communication program and make improvements to pesticide 
safety training, with improved worker safety the intended outcome. The 
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                            06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathy Davis, Environmental Protection Agency, Office of 
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]

Richard Pont, Environmental Protection Agency, Office of Prevention, 
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]

RIN: 2070-AJ22
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




412. 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
Notice 99                       02/26/99                     64 FR 9560
NPRM                            11/02/99                    64 FR 59246
Final Action                    05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Rebeccak Allen, Environmental Protection Agency, Water, 
4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: [email protected]

Eric Burneson, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: [email protected]

RIN: 2040-AA94
_______________________________________________________________________




413. NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE TOTAL 
COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND CONSIDERATION OF 
DISTRIBUTION SYSTEM ISSUES

Legal Authority: 42 USC 300f et seq

Abstract: EPA is revising the Total Coliform Rule (TCR), which was

[[Page 71433]]

published in 1989. On July 18, 2003, EPA published a Federal Register 
(68 FR 42907) Notice of Intent to revise the TCR. EPA intends revisions 
to the TCR to maintain or provide for greater human health protection 
than under the existing TCR while improving system efficiency. A 
Federal Advisory Committee recommended that EPA, as part of the TCR 6-
year review process, ``initiate a process for addressing cross-
connection control and backflow prevention requirements and consider 
additional distribution system requirements related to significant 
health risks.``The original TCR, promulgated in 1989, protects human 
health by requiring microbial monitoring in drinking water distribution 
systems. The TCR does not include distribution system corrective or 
protective requirements to reduce contamination from coliforms and 
other contaminants. Since then, EPA has gained a better understanding 
of distribution system impacts on human health and, therefore, intends 
to strengthen the TCR and to consider how to address distribution 
system contamination issues. The process to do so involves a 
performance evaluation, development of issue papers on both 
distribution systems and total coliform, stakeholders meetings, and 
proposed and final rules.
In September 2008, members of a Federal Advisory Committee signed an 
agreement in principle (AIP) that recommended revisions to the TCR, as 
well as research and information collection needed to better understand 
potential public health impacts from conditions in the distribution 
system and control microbial drinking water contamination.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10
Final Action                    11/00/12

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water, 
4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: [email protected]

Yu-Ting Guilaran, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: [email protected]

RIN: 2040-AD94
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




414. NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE I DISINFECTANT/
DISINFECTION BY-PRODUCTS RULE (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: Congress required EPA to promulgate a Stage 1 and a Stage 2 
Distribution Disinfection By-products Rule (DBPR) as part of the 1996 
Safe Drinking Water Act Amendments (sec. 1412 (b)(2)(C)). The Stage 1 
DPBR was finalized in 1998 (63 FR 69390, Dec. 16, 1998). Under the 
Stage 1 DBPR, EPA set maximum disinfectant level goals or maximum 
contaminant level goals for several disinfectants and disinfection by-
products. EPA also set monitoring, reporting and public notification 
requirements for these compounds. EPA performed a regulatory 
flexibility analysis pursuant to the Regulatory Flexibility Act (5 
U.S.C. 604) and was not able to certify that the final Stage 1 DBPR 
will not have a significant economic impact on a substantial number of 
small entities. The Stage 2 DBPR (71 FR 388, Jan. 4, 2006) augments 
Stage 1 DBPR. EPA re-evaluated the Stage 1 DBPR and worked with 
stakeholders to develop the Stage 2 DBPR through consultation with a 
DBP Federal Advisory Committee (including small water system owners): 
State, local, and tribal governments; the National Drinking Water 
Advisory Committee; the Science Advisory Board; a Small Business 
Regulatory Enforcement Fairness Act consultation; a pre-proposal draft 
for comment as well as formal notice and public comment on the proposed 
Stage 2 DBPR. This entry in the regulatory agenda announced that while 
EPA has taken steps to evaluate and mitigate impacts on small entities 
of the Stage 1 DBPR as part of the promulgation of the final Stage 2 
DBPR, pursuant to section 610 of the Regulatory Flexibility Act (5 
U.S.C. 610), EPA reviewed the Stage 1 DBPR. 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 received no comments and completed 
the review. Based on the evaluation of the Stage 1 DBPR during the 
promulgation of the Stage 2 DBPR, EPA believes there is a continued 
need for the Stage 1 DBPR.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/16/98                    63 FR 69389
Begin Review                    05/05/08                    73 FR 24755
End Comment Period              08/04/08
End Review                      08/19/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water, 
4101M, Washington, DC 20460
Phone: 202 564-0264
Email: [email protected]

Stephanie Flaharty, Environmental Protection Agency, Water, 4601M, 
Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]

RIN: 2040-AE97
[FR Doc. E8-21213 Filed 11-21-08; 8:45 am]
BILLING CODE 6560-50-S