[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64495-64503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28594]


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Part XIII





Environmental Protection Agency





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Semiannual Regulatory Agenda

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ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-8950-1]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2009-0082

Fall 2009 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda and semiannual regulatory 
flexibility agenda.

_______________________________________________________________________

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

 Regulations and major policies currently under development,

 Reviews of existing regulations and major policies, and

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

Definitions:

    ``E-agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection 
of information on rulemakings that, until May 2007, was published 
in the Federal Register, but which now is only available through an 
online database.

    The Regulatory Plan provides more detailed information than the 
regulatory agenda on the most important significant rulemakings 
that we will be developing over the coming years.

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

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

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

    ``Regulatory Flexibility Agenda'' refers to a document that 
contains a limited amount of information (less than is in the e-
agenda) about regulations that may have a significant impact on a 
substantial number of small entities. The Regulatory Flexibility 
Act of 1980 requires that we publish the Regulatory Flexibility 
Agenda in the Federal Register.

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

TO BE PLACED ON AN AGENDA MAILING LIST:  If you would like to receive 
an e-mail with a link to new semiannual regulatory agendas as soon as 
they are published, please send an e-mail message with your name and 
address to: [email protected] and put ``E-Regulatory Agenda: 
Electronic Copy'' in the subject line. If you would like to regularly 
receive information about the rules newly approved for development, 
sign up for our monthly Action Initiation List by going to http://
www.epa.gov/lawsregs/search/ail.htmlnotification and 
completing the five steps listed there.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Map of Regulatory Agenda Information

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

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

D. What Actions Are Included in the Regulatory Agenda?

E. How Is the E-Agenda Organized?

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

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

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

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

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

K. Thank You for Collaborating With Us

A. Map of Regulatory Agenda Information

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                                                                                                                                    Federal Register
                       Type of Information                                               Online Locations                               Location
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Semiannual Regulatory Agenda (The e-Agenda; the online Agenda)          www.reginfo.gov/, www.regulations.gov, and http://              Not in FR
                                                                            www.epa.gov/lawsregs/ search/regagenda.html
 
The Regulatory Plan                                                     www.reginfo.gov/, www.regulations.gov, and http://      Part II of today's issue
                                                                            www.epa.gov/lawsregs/ search/regagenda.html
 
Monthly Action Initiation List                                        http://www.regulations.gov/ fdmspublic/component/main?            Not in FR
                                                                       main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http://
                                                                               www.epa.gov/lawsregs/ search/ail.html
 

[[Page 64497]]

 
Semiannual Regulatory Flexibility Agenda                              www.regulations.gov, and http://www.epa.gov/lawsregs/        Part XII of today's
                                                                                       search/regagenda.html                              issue
 
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B. What Are EPA's Regulatory Goals and Values, and What Key Principles, 
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?

    For a detailed discussion of the goals and values we aspire to 
in rulemaking please see our Statement of Regulatory Priorities at 
http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/200910/
Statement_2000.html and published in part II of today's issue of 
the Federal Register.

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

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

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

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

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

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

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

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

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

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

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

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

 Under the Clean Water Act: State Water Quality Standards; 
deletions from the section307(a) list of toxic pollutants; suspensions 
of toxic testing requirements under the National Pollutant Discharge 
Elimination System (NPDES); delegations of NPDES authority to States;

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

    The regulatory flexibility agenda normally includes:

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

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

E. How Is the E-Agenda Organized?

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

    Stages of rulemaking include:

1. Prerulemaking-Prerulemaking actions are generally intended to 
determine whether EPA should initiate rulemaking. Prerulemakings may 
include anything that influences or leads to rulemaking, such as 
advance notices of proposed rulemaking (ANPRMs), significant studies or 
analyses of the possible need for regulatory action, announcement of

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reviews of existing regulations required under section 610 of the 
Regulatory Flexibility Act, requests for public comment on the need for 
regulatory action, or important preregulatory policy proposals.

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

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

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

5. Completed Actions-This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2009 agenda. It also includes actions that we are no longer 
considering. If an action appears in the completed section, it will not 
appear in future agendas unless we decide to initiate action again, in 
which case it will appear as a new entry. EPA also announces the 
results of our Regulatory Flexibility Act section 610 reviews in this 
section of the agenda.

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

    E-Agenda entries include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 64499]]

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

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

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

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

    Regulatory Flexibility Agenda entries contain a Federal 
Register sequence number and a subset of the information in the e-
Agenda:

    RIN, Title, Description, Statutory Authority, Section 610 
Review, if applicable, Regulatory Flexibility Analysis Required, 
Schedule, Contact Person's name, mailing address and phone number.

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

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

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

1.The Reginfo.gov Searchable Database

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

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

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

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

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

 Download the results of your searches in XML format.

2. Subject Matter EPA Web sites

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

3. Public Dockets

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

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

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

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

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

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[[Page 64500]]

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

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

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

    For a list of the rules underdevelopment for which a Regulatory 
Flexibility Analysis will be required and for a list of rules under 
development that may affect small entities, but not significantly 
affect a substantial number of them, please use the advanced search 
function at http://www.reginfo.gov/public/do/eAgendaAdvancedSearch.

K. Thank You for Collaborating With Us

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

Dated: September 9, 2009.

 Louise Wise,

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

                                       CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
430         SAN No. 4884. Combined Rulemaking for Industrial, Commercial, and Institutional           2060-AM44
            Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
            Institutional Boilers at Area Sources (Reg Plan Seq No. 135)..........................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                         CLEAN AIR ACT--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
431         SAN No. 5250. Renewable Fuels Standard Program (Reg Plan Seq No. 148).................    2060-AO81
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


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


                              TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
434         SAN No. 5379 Lead; Amendment to the Opt-out and Recordkeeping Provisions in the           2070-AJ55
            Renovation, Repair, and Painting Program (Reg Plan Seq No. 152).......................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 64501]]


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


                                SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
436         SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for        2040-AF04
            Class V Wells (Completion of a Section 610 Review)....................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act



_______________________________________________________________________




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

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

RIN: 2060-AM44
_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Clean Air Act



_______________________________________________________________________




431. RENEWABLE FUELS STANDARD PROGRAM

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

RIN: 2060-AO81
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



_______________________________________________________________________




432. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/11

Regulatory Flexibility Analysis Required: Yes

[[Page 64502]]

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

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

RIN: 2070-AJ20
_______________________________________________________________________




433. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/11

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2070-AJ22
_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Toxic Substances Control Act (TSCA)



_______________________________________________________________________




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

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

RIN: 2070-AJ55
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




435. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON

Legal Authority: 42 USC 300f, et seq

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2040-AA94

[[Page 64503]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




436. REVISIONS TO THE UNDERGROUND INJECTION CONTROL (UIC) REQUIREMENTS 
FOR CLASS V WELLS (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: Class V wells are regulated under the authority of part C of 
the Safe Drinking Water Act (SDWA). The SDWA is designed to protect the 
quality of drinking water in the United States, and part C specifically 
mandates the regulation of underground injection of fluids through 
wells. The Agency has promulgated a series of underground injection 
control (UIC) regulations under this authority. Most Class V wells are 
authorized by rule as long as (1) they do not endanger underground 
sources of drinking water (USDWs), and (2) the well owners or operators 
submit basic inventory and assessment information. If a Class V well 
may endanger USDWs, UIC Program Directors can require the owner/
operator to apply for a permit, order preventive actions (including 
closure of the well) to prevent the violation, require remediation to 
assure USDWs are protected, or take enforcement action.
On December 7, 1999, EPA finalized additional requirements for motor 
vehicle waste disposal wells and large capacity cesspools, to embrace 
priorities and help achieve goals defined under the 1996 Amendments to 
the SDWA, and to fulfill the first phase of the Agency's requirements 
under the 1997 consent decree with the Sierra Club. The 1999 Rule 
established requirements for two categories of Class V injection wells 
determined by EPA to be a source of endangerment to drinking water. 
Specifically, the rule covers: (1) Existing motor vehicle waste 
disposal wells located in ground water protection areas or other 
sensitive ground water areas; and, (2) new and existing large-capacity 
cesspools and new motor vehicle waste disposal wells nationwide. The 
conclusion that these Class V wells pose an endangerment to USDWs is 
based on substantial information and the combined professional judgment 
of EPA and State geologists and engineers that are responsible for 
implementing the Class V UIC program.
This entry in the regulatory agenda announced that while EPA had taken 
steps in the 1999 Rulemaking process to evaluate and mitigate impacts 
on small entities, pursuant to section 610 of the Regulatory 
Flexibility Act, EPA would review the Class V Rule. As part of the 
review, EPA considered and solicited comments on the following factors: 
(1) The continued need for the rule; (2) the nature of complaints or 
comments received concerning the rule; (3) the complexity of the rule; 
(4) the extent to which the rule overlaps, duplicates, or conflicts 
with other Federal, State, or local government rules; and (5) the 
degree to which the technology, economic conditions or other factors 
have changed in the area affected by the rule. Based on the evaluation 
of the Class V Rule during promulgation and comment received, EPA 
believes there is a continued need for the Class V Rule. EPA assumes 
that the regulatory impact of two endangering well types on small 
business is not significant because the Agency believes most of these 
well types have been either closed or permitted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/07/99                    64 FR 68546
Begin Review                    05/11/09                    74 FR 21991
End Comment Period              08/11/09
End Review                      09/02/09

Regulatory Flexibility Analysis Required: No

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

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

RIN: 2040-AF04
[FR Doc. E9-28594 Filed 12-04-09; 8:45 am]
BILLING CODE 6560-50-S