[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Proposed Rules]
[Pages 79843-79857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30459]


[[Page 79843]]

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Part XV





Environmental Protection Agency





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###Semiannual Regulatory Agenda###

[[Page 79844]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[ 9134-3 ]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0166

EPA-HQ-OAR-2010-0052

EPA-HQ-OW-2010-0728


Fall 2010 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

_______________________________________________________________________

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

 Regulations and major policies currently under development,

 Reviews of existing regulations and major policies, and

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

    Definitions:

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

    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. It continues to 
be published in the Federal Register because that is what is 
required by the 1980 Regulatory Flexibility Act.

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

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

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

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

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

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

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

    You can track progress on various aspects of EPA's priority 
rulemakings by signing up for RSS feeds from the Rulemaking Gateway 
at http://yosemite.epa.gov/opei/RuleGate.nsf/content/
getalerts.html?opendocument.

    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. We are ending distribution of hard copies of the Agenda after 
the Fall 2010 edition. You will still, however, be able to download 
and print a Federal Register style version of the EPA's Agenda at 
www.epa.gov/lawsregs/search/regagenda.html.

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 Type Information

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                                                                                                                                    Federal Register
                       Type of Information                                               Online Locations                               Location
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda                                            www.reginfo.gov/, www.regulations.gov, and http://              Not in FR
                                                                            www.epa.gov/lawsregs/ search/regagenda.html
 

[[Page 79845]]

 
FY 2011 Regulatory Plan                                            Go to: Regulations.gov and put ``EPA-HQ-OA-2010-0915-0002''  Part II of today's issue
                                                                                        in the key word box
Semiannual Regulatory Flexibility Agenda                                www.reginfo.gov/, www.regulations.gov, and http://         Part XII of today's
                                                                            www.epa.gov/lawsregs/ search/regagenda.html                   issue
Monthly Action Initiation List                                          http://www.regulations.gov/ fdmspublic/component/               Not in FR
                                                                     main?main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http://
                                                                               www.epa.gov/lawsregs/ search/ail.html
Rulemaking Gateway                                                                   www.epa.gov/rulemaking/                            Not in FR
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

Priorities

    To guide the Agency's efforts in 2011 and subsequent years, 
Administrator Lisa P. Jackson has established the following seven 
guiding principles. For a more extensive discussion of these 
principles please see our FY 2011 Regulatory Plan.

    1. Taking Action on Climate Change: In 2009 EPA finalized an 
endangerment finding on greenhouse gases; issued the first national 
rules to reduce greenhouse-gas emissions under the Clean Air Act; 
and initiated a national reporting system for greenhouse gas 
emissions. In 2010, EPA and NHTSA announced a joint final rule 
establishing a historic national program that will dramatically 
reduce greenhouse gas emissions and improve fuel economy for new 
cars and trucks sold in the United States. The mobile sources 
addressed in that regulatory action -- light-duty vehicles and 
heavy-duty vehicles --accounted for 23 percent of all U.S. 
greenhouse gas emissions in 2007. While EPA stands ready to help 
Congress craft strong, science-based climate legislation that 
addresses the spectrum of issues, the Agency will deploy existing 
regulatory tools as they are available and warranted.

    2. Improving Air Quality: Since passage of the Clean Air Act 
Amendments in 1990, nationwide air quality has improved 
significantly for the six criteria air pollutants for which there 
are national ambient air quality standards. Despite this progress, 
about 127 million Americans lived in counties with air considered 
unhealthy in 2008. Long-term exposure to air pollution can cause 
cancer and damage to the immune, neurological, reproductive, 
cardiovascular, and respiratory systems. Because people spend much 
of their lives indoors, the quality of indoor air is also a major 
concern.

    3. Assuring the Safety of Chemicals: One of EPA's highest 
priorities is to make significant and long overdue progress in 
assuring the safety of chemicals. On September 29, 2009, 
Administrator Jackson announced clear principles to guide Congress 
in writing a new chemical risk management law that will fix the 
weaknesses in Toxic Substances Control Act (TSCA). EPA is shifting 
its focus to addressing high-concern chemicals and filling data 
gaps on widely-produced chemicals in commerce.

    4. Cleaning Up Our Communities: In 2009, EPA accelerated its 
Superfund program and confronted significant local environmental 
challenges like the asbestos Public Health Emergency in Libby, 
Montana and the coal ash spill in Kingston, Tennessee.

    5. Protecting America's Waters: America's water bodies are 
imperiled as never before. Water quality and enforcement programs 
face complex challenges, from nutrient loadings and storm water 
runoff to invasive species and drinking water contaminants. These 
challenges demand both traditional and innovative strategies.

    6. Expanding the Conversation on Environmentalism and Working 
for Environmental Justice: Environmentalism has been described as a 
conversation that we all must have because it is about protecting 
people in the places they live, work, and raise families. The 
Agency is now focusing on expanding the conversation to include new 
stakeholders and involve communities in more direct ways.

    7. Building Strong State and Tribal Partnerships: EPA's success 
depends more than ever on working with increasingly capable and 
environmentally conscious partners. The Agency works with the 
States and Tribes, business and industry, nonprofit organizations, 
environmental groups, and educational institutions in a wide 
variety of collaborative efforts. States and tribal nations bear 
important responsibilities for the day-to-day mission of 
environmental protection.

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

    EPA's strength has always been our ability to adapt to the 
constantly changing face of environmental protection as our economy 
and society evolve, and science teaches us more about how humans 
interact with and affect the natural world. Now, more than ever, 
EPA must be innovative and forward looking because the 
environmental challenges faced by Americans all across our country 
are unprecedented.

    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

[[Page 79846]]

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).

    Instructions on how to submit your comments are provided in 
each of our Notices of Proposed Rulemaking (NPRMs). 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 the following categories of actions:

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

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

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

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

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

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

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

    The Regulatory Flexibility Agenda normally includes:

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

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

E. How Is the E-Agenda Organized?

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

    Stages of rulemaking include:

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

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

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

    4. Long-Term Actions--This section includes rulemakings for 
which the next scheduled regulatory action is after October 2011. 
We urge you to explore becoming involved even if an action is 
listed in the Long-Term category. By the time an action is listed 
in the Proposed Rules category you may have missed the opportunity 
to participate in certain public meetings or policy dialogues.

    5. Completed Actions--This section contains actions that have 
been promulgated and published in the Federal Register since 
publication of the spring 2010. It also includes actions that EPA 
is no longer considering. If an action appears in the completed 
section, it will not appear in future agendas unless we decide to 
initiate action again, in which case it will appear as a new entry. 
EPA also announces the results of the Regulatory Flexibility Act 
section 610 reviews in this section of the agenda.

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

    Regulatory Flexibility Agenda entries include:

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

    E-Agenda entries include:

    Title: Titles for new entries (those that have not appeared in 
previous agendas) are preceded by a bullet (). The

[[Page 79847]]

notation ``Section 610 Review'' follows the title if we are 
reviewing the rule as part of our periodic review of existing rules 
under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 
610).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Additional Information: Other information about the action 
including docket information.

    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 information of new rulemakings that the 
Agency's senior managers have decided that we

[[Page 79848]]

should develop. We also distribute this list via e-mail. You can 
see the current list, which we call the Action Initiation List at 
http://www.epa.gov/lawsregs/search/ail.html where you will also 
find information about how to get an e-mail notification when a new 
list is posted.

H. What Tools for Mining Regulatory Agenda Data and for Finding More 
About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and 
Regulations.gov?
1. The http://www.reginfo.gov/ Searchable Database

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

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

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

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

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

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

2. Subject Matter EPA Websites

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

3. Public Dockets

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

4. EPA's Rulemaking Gateway

    EPA's Rulemaking Gateway (www.epa.gov/rulemaking/) serves as a 
portal to EPA's priority rules, providing you with earlier and more 
frequently updated information about Agency regulations than is 
provided by the Regulatory Agenda.

    The Rulemaking Gateway provides information as soon as work 
begins and provides updates on a monthly basis as new information 
becomes available. Time-sensitive information, such as notice of a 
public meeting, is updated on a daily basis. Not all of EPA's 
Regulatory Agenda entries appear on the Rulemaking Gateway; only 
priority rulemakings can be found on the Gateway.

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

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Rule Being Reviewed                                                     RIN                                 Docket ID 
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Primary Drinking Water Regulations: Radionuclides         2040-AF19..................................................       EPA-HQ-OW-2010-0166
 (Section 610 Review)
Effluent Guidelines and Standards for the Centralized Waste        2040-AF18..................................................       EPA-HQ-OW-2010-0169
 Treatment Industry (Section 610 Review)
Tier II Light-Duty Vehicle and Light-Duty Truck Emission           2060-AQ12..................................................      EPA-HQ-OAR-2010-0052
 Standards and Gasoline Sulfur Standards (Section 610 Review)
National Primary Drinking Water Regulations; Arsenic and           2040-AF24..................................................       EPA-HQ-OW-2010-0728
 Clarifications to Compliance and New Source Contaminants
 Monitoring (Section 610 Review)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has established official public dockets for these 610 
Reviews under the docket identification (ID) numbers as indicated 
above. All documents in the dockets are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available; e.g., confidential business 
information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly 
available only in hard copy form.

[[Page 79849]]

Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
applicable program (Water or Air) docket, EPA/DC, EPA West, Room 
3334, 1301 Constitution Avenue NW., Washington, DC 20460. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for 
the Public Reading Room is (202) 566-1744. Unless otherwise 
indicated, please direct your comments to the identified docket ID 
number for the specific 610 Review item. For these 610 Reviews, 
please DO NOT submit CBI or information that is otherwise protected 
by statute. You may submit comments using one of the following 
methods:

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

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

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

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

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

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

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

    For a list of the rules under development for which a 
Regulatory Flexibility Analysis will be required, go to http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda.

K. Thank You for Collaborating With Us

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

Dated: September 10, 2010

Louise Wise,

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

                                       CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
443         Revision of New Source Performance Standards for New Residential Wood Heaters.........    2060-AP93
----------------------------------------------------------------------------------------------------------------


                                         CLEAN AIR ACT--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
444         National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,    2060-AM44
            Commercial, and Institutional Boilers (Reg Plan Seq No. 149)..........................
445         National Emission Standards for Hazardous Air Pollutants for Major Sources:               2060-AQ25
            Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq
            No. 154)..............................................................................
446         Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program     2060-AQ36
            From Palm Oil.........................................................................

[[Page 79850]]

 
447         Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program      2060-AQ49
            From Pulpwood.........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.


                                        CLEAN AIR ACT--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
448         SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products.............    2060-AP69
----------------------------------------------------------------------------------------------------------------


                                        CLEAN AIR ACT--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
449         Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur    2060-AQ12
            Standards (Completion of a Section 610 Review)........................................
450         Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program      2060-AQ35
            From Canola Oil.......................................................................
----------------------------------------------------------------------------------------------------------------


                FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
451         Pesticides; Reconsideration of Exemptions for Insect Repellents.......................    2070-AJ45
----------------------------------------------------------------------------------------------------------------


                 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
452         Pesticides; Certification of Pesticide Applicators....................................    2070-AJ20
453         Pesticides; Agricultural Worker Protection Standard Revisions.........................    2070-AJ22
----------------------------------------------------------------------------------------------------------------


                              TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
454         Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and        2070-AJ57
            Painting Program (Reg Plan Seq No. 155)...............................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.


                             TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
455         Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair,    2070-AJ55
            and Painting Program..................................................................
----------------------------------------------------------------------------------------------------------------


[[Page 79851]]


                                         CLEAN WATER ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
456         Effluent Guidelines and Standards for the Centralized Waste Treatment Industry            2040-AF18
            (Section 610 Review)..................................................................
----------------------------------------------------------------------------------------------------------------


                                      CLEAN WATER ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
457         Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan      2040-AF13
            Seq No. 146)..........................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.


                                  SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
458         National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance     2040-AF24
            and New Source Contaminants Monitoring (Section 610 Review)...........................
----------------------------------------------------------------------------------------------------------------


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


                                SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
460         National Primary Drinking Water Regulations: Radionuclides (Completion of a Section       2040-AF19
            610 Review)...........................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act



_______________________________________________________________________


<###DOC>

443. REVISION OF NEW SOURCE PERFORMANCE STANDARDS FOR NEW RESIDENTIAL 
WOOD HEATERS

Legal Authority: CAA sec 111

Abstract: EPA is revising the New Source Performance Standards (NSPS) 
for residential wood heaters under the Clean Air Act section 
111(b)(1)(B). This action is necessary because it updates the 1988 NSPS 
to reflect significant advancements in wood heater technologies and 
design, broaden the range of residential wood heating appliances 
covered by the regulation, and improve and streamline implementation 
procedures. This rule is expected to require manufacturers to redesign 
wood heaters to be cleaner and lower emitting. In general, the design 
changes will also make the heaters perform better and be more 
efficient. The revisions are also expected to retain the requirement 
for manufacturers to contract for testing of model lines by third-party 
independent laboratories, report the results to EPA, and label the 
models accordingly. This action does not apply to existing residential 
woodstoves, pellet stoves and other residential biomass heating units.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/11
Final Action                    07/00/12

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gil Wood, Environmental Protection Agency, Air and 
Radiation, C404-05, Research Triangle Park, NC 27711
Phone: 919 541-5272
Fax: 919 541-0242
Email: [email protected]


[[Page 79852]]


David Cole, Environmental Protection Agency, Air and Radiation, C404-
05, Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: [email protected]

RIN: 2060-AP93
_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Clean Air Act



_______________________________________________________________________


<###DOC>

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

 Regulatory Plan: This entry is Seq. No. 149 in part II of this issue 
of the Federal Register.

RIN: 2060-AM44
_______________________________________________________________________


<###DOC>

445. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR MAJOR 
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND PROCESS 
HEATERS

 Regulatory Plan: This entry is Seq. No. 154 in part II of this issue 
of the Federal Register.

RIN: 2060-AQ25
_______________________________________________________________________


<###DOC>

446.  SUPPLEMENTAL DETERMINATIONS FOR RENEWABLE FUELS 
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PALM OIL

Legal Authority: Clean Air Act sec 211(o)

Abstract: As indicated in the final rule for the Renewable Fuels 
Standard Program, while the Agency issued lifecycle greenhouse gas 
(GHG) threshold determinations for the major fuel pathways projected to 
meet the bulk of the RFS volume mandates, assessments of other new fuel 
pathways such biofuels produced from palm oil, could not be completed 
in time for the final rule. In the process of assessing these fuels, 
the Agency is issuing determinations through several supplemental 
notices to the final rule.For this supplemental notice, EPA plans to 
publish a final determination for ethanol produced and biomass-based 
diesel produced from palm oil. The Agency will issue a Direct Final 
Notice of Supplemental Determination in early November.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Action             02/00/11

Regulatory Flexibility Analysis Required: Yes

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

David Korotney, Environmental Protection Agency, Air and Radiation, 
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]

RIN: 2060-AQ36
_______________________________________________________________________


<###DOC>

447.  SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS 
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM PULPWOOD

Legal Authority: Clean Air Act Section 211(o)

Abstract: As indicated in the final rule for the Renewable Fuels 
Standard Program, while the Agency issued lifecycle greenhouse gas 
(GHG) threshold determinations for the major fuel pathways projected to 
meet the bulk of the RFS volume mandates, assessments of other new fuel 
pathways such as renewable fuels from pulpwood could not be completed 
in time for the final rule. In the process of assessing these fuels, 
the Agency is issuing determinations through several supplemental 
notices to the final rule. For this supplemental notice, EPA plans to 
publish a final determination for cellulosic biofuels produced from 
pulpwood. The Agency will issue a Direct Final Notice of Supplemental 
Determination in February.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Action             02/00/11

Regulatory Flexibility Analysis Required: Yes

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

David Korotney, Environmental Protection Agency, Air and Radiation, 
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]

RIN: 2060-AQ49
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Clean Air Act



_______________________________________________________________________


<###DOC>

448. NESHAP: BRICK AND STRUCTURAL CLAY PRODUCTS AND CLAY PRODUCTS

Legal Authority: Not Yet Determined

Abstract: This rulemaking will establish emission limits for hazardous 
air pollutants (HF, HCl and metals) emitted from brick and clay 
ceramics kilns and glazing operations at clay ceramics production 
facilities. The brick and structural clay products industry primarily 
includes facilities that manufacture brick, clay, pipe, roof tile, 
extruded floor and wall tile, and other extruded dimensional clay 
products from clay, shale, or a combination of the two. The 
manufacturing of brick and structural clay products involves mining, 
raw material processing (crushing, grinding,

[[Page 79853]]

and screening), mixing, forming, cutting or shaping, drying, and 
firing. Ceramics are defined as a class of inorganic, nonmetallic 
solids that are subject to high temperature in manufacture and/or use. 
The clay ceramics manufacturing source category includes facilities 
that manufacture traditional ceramics, which include ceramic tile, 
dinnerware, sanitaryware, pottery, and porcelain. The primary raw 
material used in the manufacture of these traditional ceramics is clay. 
The manufacturing of clay ceramics involves raw material processing 
(crushing, grinding, and screening), mixing, forming, shaping, drying, 
glazing, and firing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jeff Telander, Environmental Protection Agency, Air and 
Radiation, D243-02, Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: [email protected]

Steve Fruh, Environmental Protection Agency, Air and Radiation, 1200 
Pennsylvania Ave, NW, Washington, DC 20460
Phone: 919 541-2837
Fax: 919 541-4991
Email: [email protected]

RIN: 2060-AP69
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Clean Air Act



_______________________________________________________________________


<###DOC>

449. TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK EMISSION STANDARDS 
AND GASOLINE SULFUR STANDARDS (COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a 
regulation to require emission standards for light-duty vehicles and 
light-duty trucks through lowering tailpipe emission standards. 
Specifically, EPA sought to reduce emissions of nitrogen oxides and 
non-methane hydrocarbons, pollutants which contribute to ozone 
pollution. The rulemaking also provided limitations on the sulfur 
content of gasoline available nationwide. Sulfur in gasoline has a 
detrimental impact on catalyst performance and could be a limiting 
factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February 
19, 2010, EPA initiated a review of this rule to determine if it should 
be continued without change, or should be rescinded or amended to 
minimize adverse economic impacts on small entities (75 FR 7426). EPA 
has solicited comments on, the following factors: (1) The continued 
need for the rule; (2) the nature of complaints or comments received 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal, 
State, or local government rules; and (5) the degree to which 
technology, economic conditions, or other factors have changed in the 
area affected by the rule. No relevant comments were received, and EPA 
has concluded that the rule needs no revisions at this time to minimize 
impacts on small entities. See EPA's report summarizing the results of 
this review in the docket EPA-HQ-OAR-2010-0052. This docket can be 
accessed at www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    02/10/00                     65 FR 6698
Begin Review                    02/19/10                     75 FR 7426
End Comment Period              03/22/10
End Review                      06/11/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Tad Wysor, Environmental Protection Agency, Air and 
Radiation, USEPA, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: [email protected]

Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A, 
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: [email protected]

RIN: 2060-AQ12
_______________________________________________________________________


<###DOC>

450.  SUPPLEMENTAL DETERMINATION FOR RENEWABLE FUELS 
PRODUCED UNDER THE FINAL RFS2 PROGRAM FROM CANOLA OIL

Legal Authority: Clean Air Act sec 211(o)

Abstract: As indicated in the final rule for the Renewable Fuels 
Standard Program, while the Agency issued lifecycle greenhouse gas 
(GHG) threshold determinations for the major fuel pathways projected to 
meet the bulk of the RFS volume mandates, assessments of other new fuel 
pathways such as biodiesel from canola could not be completed in time 
for the final rule. In the process of assessing these fuels, the Agency 
is issuing determinations through several supplemental notices to the 
final rule.
For this supplemental notice, EPA plans to publish a final 
determination for biomass-based diesel produced from canola oil. The 
Agency will issue a Direct Final Notice of Supplemental Determination 
in mid-September.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Action             09/28/10                    75 FR 59622
Final Action Effective          09/28/10

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, 
C99, Ann Arbor, MI 48105
Phone: 734 214-4507
Fax: 734 14-4018
Email: [email protected]

RIN: 2060-AQ35

[[Page 79854]]

_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



_______________________________________________________________________


<###DOC>

451. PESTICIDES; RECONSIDERATION OF EXEMPTIONS FOR INSECT REPELLENTS

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

Abstract: EPA is developing rulemaking to modify the minimum risk 
pesticides exemption under 40 CFR 152.25(f) to exclude personally 
applied insect repellents from the exemption and require an abbreviated 
data set for such products. EPA is taking this action because these 
pesticides claim to control pests of significant public health 
importance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kathryn Boyle, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 7506P, Washington, DC 
20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: [email protected]

Niva Kramek, Environmental Protection Agency, Office of Chemical Safety 
and Pollution Prevention, 7506P, Washington, DC 20460
Phone: 703 605-1193
Fax: 703 305-5884
Email: [email protected]

RIN: 2070-AJ45
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)



_______________________________________________________________________


<###DOC>

452. PESTICIDES; CERTIFICATION OF PESTICIDE APPLICATORS

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

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/12

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2070-AJ20
_______________________________________________________________________


<###DOC>

453. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS

Legal Authority: 7 USC 136; 7 USC 136w

Abstract: EPA is developing a proposal under the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA) to revise the federal regulations 
guiding agricultural worker protection (40 CFR 170). The changes under 
consideration are intended to improve agricultural workers' ability to 
protect themselves from potential exposure to pesticides and pesticide 
residues. In addition, EPA is proposing to make adjustments to improve 
and clarify current requirements and facilitate enforcement. Other 
changes sought are to 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                            01/00/12

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2070-AJ22

[[Page 79855]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Toxic Substances Control Act (TSCA)



_______________________________________________________________________


<###DOC>

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

 Regulatory Plan: This entry is Seq. No. 155 in part II of this issue 
of the Federal Register.

RIN: 2070-AJ57
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Toxic Substances Control Act (TSCA)



_______________________________________________________________________


<###DOC>

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

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

Abstract: As part of a lawsuit settlement, EPA agreed to make several 
revisions to the 2008 Lead Renovation, Repair, and Painting Program 
(RRP) rule that established accreditation, training, certification, and 
recordkeeping requirements as well as work practice standards on 
persons performing renovations for compensation in most pre-1978 
housing and child-occupied facilities. In October of 2009, EPA proposed 
amendments to the opt-out provision that currently exempts a renovator 
from the training and work practice requirements of the rule when he or 
she obtains a certification from the owner of a residence he or she 
occupies that no child under age 6 or pregnant women resides in the 
home and the home is not a child-occupied facility. EPA also proposed 
revisions that involve renovation firms providing the owner with a copy 
of the records they are currently required to maintain to demonstrate 
compliance with the training and work practice requirements of the RRP 
rule and, if different, providing the information to the occupant of 
the building being renovated or the operator of the child-occupied 
facility. In addition to the proposed amendments, EPA considered 
various minor amendments to the regulations concerning training 
provider accreditations, renovator certifications and State and Tribal 
program requirements. In May, 2010, EPA published a final rule 
eliminating the opt-out provision and finalizing the other provisions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/28/09                    74 FR 55506
Final Action                    05/06/10                    75 FR 24802

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Marc Edmonds, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 7404T, Washington, DC 
20460
Phone: 202 566-0758
Email: [email protected]

Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: [email protected]

RIN: 2070-AJ55
_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Clean Water Act



_______________________________________________________________________


<###DOC>

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

Legal Authority: 5 USC 610

Abstract: In December 2000, EPA promulgated effluent limitations for 
the Centralized Waste Treatment (CWT) Point Source Category at 40 CFR 
437 (65 FR 81241, December 22, 2000). A CWT facility treats or recovers 
hazardous or non-hazardous industrial waste, wastewater, or used 
material from off-site. The regulation established wastewater discharge 
standards for three major types of wastes: metal-bearing, oily, and 
organic. EPA issued a Small Entity Compliance Guide, which provides 
easy-to-read descriptions of the regulations and other helpful 
information on how to comply such as a question and answer section.
Pursuant to section 610 of the Regulatory Flexibility Act, on April 26, 
2010, EPA initiated a review of the rule to determine if it should be 
continued without change, or should be rescinded or amended to minimize 
adverse economic impacts on small entities (75 FR 21882). As part of 
this review, EPA is considering, and has solicited comments on, the 
following factors: (1) the continued need for the rule; (2) the nature 
of complaints or comments received concerning the rule; (3) the 
complexity of the rule; (4) the extent to which the rule overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the rule. The 
comment period closed July 31, 2010. The Docket ID number is EPA-HQ-OW-
2010-0169. EPA will summarize the results of this review in a report 
and place that report in the rulemaking docket referenced above. You 
can access that docket at www.regulations.gov.
EPA continues to view the effluent limitations for the CWT category as 
a necessary component of the

[[Page 79856]]

comprehensive program to restore and maintain the quality of our 
Nation's waters. EPA intends to continue to require compliance with the 
regulation. Until and unless the Agency modifies the rule, the 
discharges described in 40 CFR 437.1 remain subject to the final rules.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/22/00                    65 FR 81241
Begin Review                    04/26/10                    75 FR 21882
End Comment Period              07/31/10                    75 FR 21882
End Review                      12/00/10

Regulatory Flexibility Analysis Required: No

Agency Contact: Erik Helm, Environmental Protection Agency, Water, 
4303T, Washington, DC 20460
Phone: 202 566-1049
Email: [email protected]

RIN: 2040-AF18
_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Water Act



_______________________________________________________________________


<###DOC>

457. STORMWATER REGULATIONS REVISION TO ADDRESS DISCHARGES FROM 
DEVELOPED SITES

 Regulatory Plan: This entry is Seq. No. 146 in part II of this issue 
of the Federal Register.

RIN: 2040-AF13
_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Safe Drinking Water Act (SDWA)



_______________________________________________________________________


<###DOC>

458.  NATIONAL PRIMARY DRINKING WATER REGULATIONS; 
ARSENIC AND CLARIFICATIONS TO COMPLIANCE AND NEW SOURCE CONTAMINANTS 
MONITORING (SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On January 22, 2001, EPA revised the Maximum Contaminant 
Level (MCL) for arsenic to 0.010 mg/L (10.0 [micro]g/L). This 
regulation applies to non-transient non-community water systems and to 
community water systems (66 FR 6976). While EPA has taken steps to 
evaluate and mitigate impacts on small entities as part of the 
promulgation of the Arsenic Rule, this new entry in the regulatory 
agenda announces that EPA will review the National Primary Drinking 
Water Rule (NPDWR) for arsenic pursuant to section 610 of the 
Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA 
will consider and solicit comments on the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received concerning the rule; (3) the complexity of the rule; (4) the 
extent to which the rule overlaps, duplicates, or conflicts with other 
Federal, State, or local government rules; and (5) the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. Comments must be received within 60 days 
of this notice. In submitting comments, please reference Docket ID EPA-
HQ-OW-2010-0728 and follow the instructions provided in the preamble to 
this issue of the Regulatory Agenda. This docket can be accessed at 
www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/22/01                     66 FR 6976
Initiate 610 Review             12/00/10
End Comment Period              01/00/11
Completion of 610 Review        10/00/11

Regulatory Flexibility Analysis Required: No

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

Wynne Miller, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-4887
Fax: 202 564-3760
Email: [email protected]

RIN: 2040-AF24
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________


<###DOC>

459. 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

[[Page 79857]]

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: Rebecca 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
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________


<###DOC>

460. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADIONUCLIDES 
(COMPLETION OF A SECTION 610 REVIEW)

Legal Authority: 5 USC 610

Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final 
revised and/or new national primary drinking water regulations (NPDWRs) 
for nonradon radionuclides as authorized by the Safe Drinking Water Act 
(SDWA). In this action, referred to as the Radionuclides Rule, EPA 
promulgated maximum contaminant level goals (MCLGs), maximum 
contaminant levels (MCLs), monitoring, reporting, and public 
notification requirements for gross alpha particle activity, combined 
radium-226 and 228, beta particle and photon activity and uranium. The 
Radionuclides Rule became effective on December 8, 2003.
Pursuant to section 610 of the Regulatory Flexibility Act, EPA has 
reviewed this rule to determine if it should be continued without 
change, or should be rescinded or amended to minimize adverse economic 
impacts on small entities. This review was announced in the Regulatory 
Agenda on April 26, 2010 (75 FR 21883). As part of this review, EPA 
considered, and solicited comments on, the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received concerning the rule; (3) the complexity of the rule; (4) the 
extent to which the rule overlaps, duplicates, or conflicts with other 
Federal, State, or local government rules; and (5) the degree to which 
technology, economic conditions, or other factors have changed in the 
area affected by the rule.
EPA received five comment letters. The results of EPA's review have 
been summarized in a report and placed in the rulemaking docket (docket 
number EPA-HQ-OW-2010- 0166 at www.regulations.gov). These results are 
briefly summarized here.
There was consensus among the commenters about the continued need for 
the Radionuclides Rule, because it serves as an important tool to 
protect the health of people who get their drinking water from public 
systems using sources of water with high levels of radionuclides.
While none of the commenters expressed a need to rescind the rule, most 
of the comments were aimed at suggesting that the Agency make 
clarifications in certain areas of the rule to aid small entities in 
its rule compliance.
After reviewing all the comments regarding this Section 610 review the 
Agency has concluded that revisions or amendments to the Radionuclides 
rule are not warranted at this time. However, EPA is evaluating the 
need to provide additional guidance and clarification on those issues 
raised by the commenters to assist in the rule implementation.
The Agency bases its decision to not revise or amend the rule at this 
time on the analysis conducted during the promulgation of the rule 
which were aimed at reducing economic burden on small entities. Among 
the measures that the Agency took to minimize impacts on small entities 
are: (1) The selection of a less stringent MCL for uranium, (2) a 
reduction in the overall monitoring frequencies for systems with 
radionuclides levels less than the MCL, (3) allowance of grandfathered 
data and State monitoring discretion for determining the initial 
monitoring baseline, and (4) the exclusion of nontransient, non-
community water systems from the radionuclides regulations.
EPA will continue to evaluate the effectiveness of the Radionuclides 
rule and the potential to decrease the rule's implementation burden 
within the framework provided by the SDWA and other agency initiatives.
EPA continues to view the NPDWRs for radionuclides as important to 
ensure and protect the health of consumers served by public drinking 
water systems and intends to continue to require compliance with these 
NPDWRs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/07/00                    65 FR 76708
Begin Review                    04/26/10                    75 FR 21883
End Comment Period              07/26/10
End Review                      09/10/10

Regulatory Flexibility Analysis Required: No

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

Tracy Bone, Environmental Protection Agency, Water, 4601M, Washington, 
DC 20460
Phone: 202 564-5257
Fax: 202 564-3753
Email: [email protected]

RIN: 2040-AF19
[FR Doc. 2010-30459 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-S