[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Proposed Rules]
[Pages 21991-22000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10279]


[[Page 21991]]

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

Part XII





Environmental Protection Agency





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



Semiannual Regulatory Agenda

[[Page 21992]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-8770-9]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2009-0082

Spring 2009 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

_______________________________________________________________________

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

 Regulations and major policies currently under development,

 Reviews of existing regulations and major policies, and

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

    Definitions:

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

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

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

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

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

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

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

     If you would like to regularly receive information about the 
rules newly approved for development, sign up for our monthly 
Action Initiation List by going to http://www.epa.gov/lawsregs/
search/ail.htmlnotification and completing the five steps 
listed there.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Map of Regulatory Agenda Information

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

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

D. What Actions Are Included in the Regulatory Agenda?

E. How Is the E-Agenda Organized?

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

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

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

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

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

K. Thank You for Collaborating With Us

A. Map of Regulatory Agenda Information

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    Federal Register
                       Type of Information                                               Online Locations                               Location
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda (The E-Agenda; the online Agenda);        wwww.reginfo.gov/, www.regulations.gov, and http://              Not in FR
 approx. 300 entries, which include the expanded Regulatory                 www.epa.gov/lawsregs/ search/regagenda.html
 Flexibility Agenda (approx. 8 entries; 25 data fields/entry)
 
Semiannual Regulatory Flexibility Agenda (approx. 8 entries; 9          www.reginfo.gov/, www.regulations.gov, and http://         Part XII of today's
 data fields/entry)                                                         www.epa.gov/lawsregs/ search/regagenda.html                   issue
 
Monthly Action Initiation List                                     http://www.regulations.gov/ fdmspublic/component/main?main=          Not in FR
                                                                    DocketDetail&d=EPA-HQ-OA-2008-0265 and http://www.epa.gov/
                                                                                     lawsregs/ search/ail.html
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 21993]]

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

     In outlining his agenda for the environment, President Obama 
has articulated three values that he expects EPA to uphold. These 
values will shape everything we do.

     Science must be the backbone for EPA programs. The public 
health and environmental laws that Congress has enacted depend on 
rigorous adherence to the best available science. The President 
believes that when EPA addresses scientific issues, it should rely 
on the expert judgment of the Agency's career scientists and 
independent advisors. When scientific judgments are suppressed, 
misrepresented, or distorted by political agendas, Americans can 
lose faith in their government to provide strong public health and 
environmental protection.

      EPA must follow the rule of law. The President recognizes 
that respect for congressional mandates and judicial decisions is 
the hallmark of a principled regulatory agency. Under our 
environmental laws, EPA has room to exercise discretion, and 
Congress has often looked to EPA to fill in the details of general 
policies. However, EPA needs to exercise policy discretion in good 
faith and in keeping with the directives of Congress and the 
courts. When Congress has been explicit, EPA cannot misinterpret or 
ignore the language Congress has used. When a court has determined 
EPA's responsibilities under our governing statutes, EPA cannot 
turn a blind eye to the court's decision or procrastinate in 
complying.

      EPA's actions must be transparent. Public trust in the Agency 
demands that we reach out to all stakeholders fairly and 
impartially, that we consider the views and data presented 
carefully and objectively, and that we fully disclose the 
information that forms the bases for our decisions. We will carry 
out the work of the Agency in public view so that the door is open 
to all interested parties and that there is no doubt why we are 
acting and how we arrived at our decisions.

     We must take special pains to connect with those who have been 
historically underrepresented in EPA decisionmaking, including the 
disenfranchised in our cities and rural areas, communities of 
color, native Americans, people disproportionately impacted by 
pollution, and small businesses, cities, and towns working to meet 
their environmental responsibilities. Like all Americans, they 
deserve an EPA with an open mind, a big heart, and a willingness to 
listen. We must also be sensitive to the burdens pollution has 
placed on vulnerable subpopulations, including children, the 
elderly, the poor, and all others who are at particular risk to 
threats to health and the environment. We must seek their full 
partnership in the greater aim of identifying and eliminating the 
sources of pollution in their neighborhoods, schools, and homes.

     EPA's strength has always been our ability to adapt to the 
constantly changing face of environmental protection as our economy 
and society evolve and science teaches us more about how humans 
interact with and affect the natural world. Now, more than ever, 
EPA must be innovative and forward-looking because the 
environmental challenges faced by Americans all across our country 
are unprecedented. These challenges are indeed immense in scale and 
urgency. But, we will meet them. Administrator Jackson has put a 
high priority on developing an environmental policy agenda that 
significantly improve the environment, while helping to create jobs 
and make the investment needed to emerge from the current 
recession. EPA is making significant strides in this area already 
as is reflected in this document. As EPA makes further decisions 
regarding the path forward for existing and new regulatory 
activities, we will continue to be transparent, letting the public 
know about these decisions through various sources such as our Web 
site and future editions of EPA's regulatory agenda and regulatory 
plan.

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

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

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

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

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

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

     EPA includes regulations and certain major policy documents in 
the e-agenda. However, there is no legal significance to the 
omission of an item from the

[[Page 21994]]

agenda, and we generally do not include minor amendments or the 
following categories of actions:

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

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

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

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

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

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

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

     The regulatory flexibility agenda normally includes:

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

 Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act. We have one rule 
scheduled for 610 review in 2009.

E. How Is the E-Agenda Organized?

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

     Stages of rulemaking include:

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

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

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

4. Long-Term Actions-This section includes rulemakings for which the 
next scheduled regulatory action is after April 2010.

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

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

     Regulatory Flexibility Agenda entries include:

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

     E-Agenda entries include:

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

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

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

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

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

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

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

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

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

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

     Also, if we believe that a rule may be ``Major'' as defined in 
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is 
likely to result in an annual

[[Page 21995]]

effect on the economy of $100 million or more or meets other 
criteria specified in this law, we indicate this under the 
``Priority'' heading with the statement ``Major under 5 U.S.C. 
801.''

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The Reginfo.gov Searchable Database

     GSA's Regulatory Information Service Center, which coordinates 
publication of the Agenda for the Office of Management and Budget, 
has developed and continues to improve a regulatory agenda database 
that includes powerful search, display, and data transmission 
options. You can:

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

 Get a complete list of EPA's entries. On the Main Agenda Page, 
under Agency, select Environmental Protection Agency.

 View the contents of all of EPA's entries. On the Agenda 
Search Page, select ``Advanced Search''; select Continue; Select 
Environmental Protection Agency and then Continue; Select ``Search.''

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

 Download the results of your searches in XML format.

2. Subject Matter EPA Web sites

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

3. Listservers

     If you want to get automatic e-mails about areas of particular 
interest, including notifications, when an action is published in 
the Federal Register, we maintain 12 listservers including:


[[Page 21996]]



a. Air

b. Water

c. Wastes and emergency response

d. Pesticides

e. Toxic substances

f. Right-To-Know and toxic release inventory

g. Environmental impacts

h. Endangered species

i. Meetings

j. The Science Advisory Board

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

l. General information.

     For more information and to subscribe via our FR Web site, 
visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail 
without full Internet access, please send an e-mail to 
[email protected] to request instructions for subscribing to the 
EPA Federal Register listservers.

4. Public Dockets

     When EPA publishes either an Advanced Notice of Proposed 
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency 
may establish a docket to accumulate materials throughout the 
development process for that rulemaking. The docket serves as the 
repository for the collection of documents or information related 
to a particular Agency action or activity. EPA most commonly uses 
dockets for rulemaking actions, but dockets may also be used for 
Regulatory Flexibility Act section 610 reviews of rules with 
significant economic impacts on a substantial number of small 
entities and for various nonrulemaking activities, such as Federal 
Register documents seeking public comments on draft guidance, 
policy statements, information collection requests under the 
Paperwork Reduction Act, and other non-rule activities. If there is 
a docket on a particular action, information about the location 
will be in that action's agenda entry. URL's for many of EPA's 
dockets are included in the agenda entry. To enter the docket, copy 
the URL into a browser window. To locate a docket you can also use 
the docket search features at Regulations.gov.

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

     Section 610 of the RFA requires that an agency review, within 
10 years of promulgation, each rule that has or will have a 
significant economic impact on a substantial number of small 
entities. EPA has one rule scheduled for 610 review in 2009.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Rule Being Reviewed                                                     RIN                                      Docket ID
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revisions to the Underground Injection Control (UIC) Requirements                           2040-AF04                              EPA-HQ-OW-2009-0082
 for Class V Wells (Section 610 Review)
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Docket  EPA-HQ-OW-2009-0082, 
1200 Pennsylvania Avenue NW., Washington, DC 20460.

3. By Hand Delivery or Courier. Deliver your comments, identified by 
the Docket  EPA-HQ-OW-2009-0082, to: EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. 
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified above. For more information on EPA's docket 
center, please visit http://www.epa.gov/epahome/dockets.htm.

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

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

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

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

[[Page 21997]]

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

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

K. Thank You for Collaborating With Us

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

Dated: March 30, 2009.

 Louise Wise,

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

                                    CLEAN AIR ACT (CAA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
265         SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional Boilers    2060-AM44
            and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
            Institutional Boilers at Area Sources.................................................
266         SAN No. 5250 Renewable Fuels Standard Program.........................................    2060-AO81
----------------------------------------------------------------------------------------------------------------


                                     CLEAN AIR ACT (CAA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
267         SAN No. 5326 Findings of Significant Contribution and Rulemaking on Section 126           2060-AP42
            Petitions for Purposes of Reducing Interstate Ozone Transport (Completion of a Section
            610 Review)...........................................................................
----------------------------------------------------------------------------------------------------------------


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


                                  SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
270         SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for        2040-AF04
            Class V Wells (Section 610 Review)....................................................
----------------------------------------------------------------------------------------------------------------


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


[[Page 21998]]

_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act (CAA)



_______________________________________________________________________



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

Legal Authority: CAA sec 112

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/09
Final Action                    07/00/10

Regulatory Flexibility Analysis Required: Yes

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

Robert J. Wayland, Environmental Protection Agency, Air and Radiation, 
D243-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: [email protected]

RIN: 2060-AM44
_______________________________________________________________________



266. RENEWABLE FUELS STANDARD PROGRAM

Legal Authority: CAA 211(o)

Abstract: This action will implement certain provisions in Title II of 
the 2007 Energy Independence and Security Act that amend section 211(o) 
of the Clean Air Act. The new law sets a modified standard for 
renewable fuels increasing the national requirement to 9.0 billion 
gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter 
total, 21 billion gallons is required to be obtained from cellulosic 
biofuels and other advanced biofuels. Starting in 2016, all of the 
increase in the RFS target must be met with advanced biofuels, defined 
as cellulosic ethanol and other biofuels derived from feedstock other 
than corn starch--with explicit standards for cellulosic biofuels and 
biomass-based diesel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
Final Action                    11/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air 
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]

David Korotney, Environmental Protection Agency, Air and Radiation, 
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: [email protected]

RIN: 2060-AO81
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Clean Air Act (CAA)



_______________________________________________________________________



267.  FINDINGS OF SIGNIFICANT CONTRIBUTION AND 
RULEMAKING ON SECTION 126 PETITIONS FOR PURPOSES OF REDUCING INTERSTATE 
OZONE TRANSPORT (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On May 25, 1999 (64 FR 28250), EPA issued a final rule 
entitled ``Findings of Significant Contribution and Rulemaking on 
section 126 Petitions for Purposes of Reducing Interstate Ozone 
Transport,'' usually referred to as the ``Section-126 rule.'' This rule 
was a response to petitions from several states asking EPA to take 
Federal action to address the problem of air pollution coming from 
upwind states. Since this rule did not include a no-significant-impact 
certification under the Regulatory Flexibility Act, it normally would 
be a candidate for the RFA-required review 10 years after promulgation. 
However, this rule had no actual impact on any entities, since it 
specified that its prescribed upwind-pollution remedies could be 
fulfilled by State actions under a previous EPA rule entitled ``Finding 
of Significant Contribution and Rulemaking for Certain States in the 
Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone,'' usually referred to as the ``NOx SIP 
Call,`` which was promulgated on October 27, 1998 (63 FR 57355). 
Subsequently, the States did in fact comply with the NOx SIP Call rule, 
thereby nullifying any effect of the Section-126 rule. Therefore the 
Section-126 rule has had, and will have, no impacts on any entities, 
including small entities, thereby obviating the need for a 10-year 
review under the RFA. In light of this fact, EPA is, through this 
notice, documenting the Section-126 rule's lack of impact, and 
announcing that the 10-year review has been completed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    05/25/99                    64 FR 28250
610 Review Determination        03/26/09

Regulatory Flexibility Analysis Required: No

Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and 
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554

[[Page 21999]]

Email: [email protected]

RIN: 2060-AP42
_______________________________________________________________________


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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/11

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2070-AJ20
_______________________________________________________________________



269. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/11

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2070-AJ22
_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Safe Drinking Water Act (SDWA)



_______________________________________________________________________



270.  REVISIONS TO THE UNDERGROUND INJECTION CONTROL 
(UIC) REQUIREMENTS FOR CLASS V WELLS (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: Class V wells are regulated under the authority of part C of 
the Safe Drinking Water Act (SDWA). The SDWA is designed to protect the 
quality of drinking water in the United States, and part C specifically 
mandates the regulation of underground injection of fluids through 
wells. The Agency has promulgated a series of underground injection 
control (UIC) regulations under this authority. Most class V wells are 
authorized by rule as long as (1) they do not endanger underground 
sources of drinking water (USDWs), and (2) the well owners or operators 
submit basic inventory and assessment information. If a class V well 
may endanger USDWs, UIC Program Directors can require the owner/
operator to apply for a permit, order preventive actions (including 
closure of the well) to prevent the violation, require remediation to 
assure USDWs are protected, or take enforcement action.
On December 7, 1999, EPA finalized additional requirements for motor 
vehicle waste disposal wells and large capacity cesspools, to embrace 
priorities and help achieve goals defined under the 1996 Amendments

[[Page 22000]]

to the SDWA, and to fulfill the first phase of the Agency's 
requirements under the 1997 consent decree with the Sierra Club. The 
1999 Rule established requirements for two categories of class V 
injection wells determined by EPA to be a source of endangerment to 
drinking water. Specifically, the rule covers: (1) Existing motor 
vehicle waste disposal wells located in ground water protection areas 
or other sensitive ground water areas; and, (2) new and existing large-
capacity cesspools and new motor vehicle waste disposal wells 
nationwide. The conclusion that these class V wells pose an 
endangerment to USDWs is based on substantial information and the 
combined professional judgment of EPA and State geologists and 
engineers that are responsible for implementing the class V UIC 
program.
This new entry in the regulatory agenda announces that while EPA has 
taken steps in the 1999 Rulemaking process to evaluate and mitigate 
impacts on small entities, pursuant to section 610 of the Regulatory 
Flexibility Act, EPA will review the Class V Rule. As part of the 
review, EPA will consider and solicit comments on the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received concerning the rule; (3) the complexity 
of the rule; (4)the extent to which the rule overlaps, duplicates, or 
conflicts with other Federal, State, or local government rules; and (5) 
the degree to which the technology, economic conditions or other 
factors have changed in the area affected by the rule. Based on the 
evaluation of the Class V Rule during promulgation, EPA believes there 
is a continued need for the Class V Rule. EPA assumes that the 
regulatory impact of two endangering well types on small business is 
not significant because the Agency believes most of these well types 
have been either closed or permitted.
Comments must be received by August 11, 2009. In submitting comments, 
please reference Docket ID EPA-HQ-OW-2009-0082 and follow the 
instructions in section I of the preamble to this issue of the 
Regulatory Agenda. The docket can be assessed at www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/07/99                    64 FR 68546
Begin Review                    05/00/09
End Comment Period              08/00/09
End Review                      12/00/09

Regulatory Flexibility Analysis Required: No

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

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

RIN: 2040-AF04
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________



271. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON

Legal Authority: 42 USC 300f et seq

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2040-AA94
[FR Doc. E9-10279 Filed 05-08-09; 8:45 am]
BILLING CODE 6560-50-S