[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Proposed Rules]
[Pages 8004-8013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1656]
[[Page 8003]]
Vol. 77
Monday,
No. 29
February 13, 2012
Part XVI
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 77 , No. 29 / Monday, February 13, 2012 /
Unified Agenda
[[Page 8004]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[9467-6; EPA-HQ-OW-2010-0728]
Fall 2011 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
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SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.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
that 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. We continue to
publish it in the Federal Register because that is what is required by
the Regulatory Flexibility Act of 1980.
``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.
``Regulatory Development and Retrospective Review Tracker'' refers
to an online portal to EPA's priority rules and retrospective reviews
of existing regulations. More information about the Regulatory
Development and Retrospective Review Tracker 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: Caryn Muellerleile
([email protected]; 202 564-2855) or Phil Schwartz
([email protected]; 202 564-6564).
To Be Placed on or Removed From a Mailing List for Updated
Information on Rules Under Development: If you would like to receive or
discontinue receiving an email with a link to new semiannual regulatory
agendas as soon as they are published, please send an email message
with your name and address to: [email protected] and state
``EPA E-Agenda: Add'' or ``EPA E-Agenda: Remove'' as appropriate 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/regulations/ail.html#notification 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 Regulatory Development
and Retrospective Review Tracker at http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda Information
B. What Key Statutes and Executive Orders Guide
EPA's Rule and Policymaking Process?
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
D. What Actions Are Included in the E-Agenda and 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 You Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
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?
I. Reviews of Rules with Significant Impacts on a Substantial Number
of Small Entities
J. What Other Special Attention Does EPA 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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Type of Information Online Locations Federal Register Location
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Semiannual Regulatory Agenda....... www.reginfo.gov/ and Not in FR.
www.regulations.gov.
Semiannual Regulatory Flexibility www.reginfo.gov/ and http:// Part XVI of today's issue.
Agenda. www.regulations.gov.
Monthly Action Initiation List..... http://www.regulations.gov/ Not in FR.
#!docketDetail;D=EPA-HQ-O-
2008-0265 and http://www.epa.gov/lawsregs/regulations/ail.html.
Regulatory Development and www.epa.gov/regdarrt/...... Not in FR.
Retrospective Review Tracker.
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B. What Key Statutes and Executive Orders Guide EPA's Rule and
Policymaking Process?
A number of environmental laws authorize EPA's actions, including
but not limited to:
Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act
(EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
Not only must EPA comply with environmental laws, but also
administrative legal requirements that apply to the issuance of
regulations, such as: the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the
[[Page 8005]]
National Technology Transfer and Advancement Act (NTTAA), and the
Congressional Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), as supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994);
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997);
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
In addition to meeting its mission goals and priorities as
described above, EPA has begun reviewing its existing regulations under
Executive Order (EO) 13563, ``Improving Regulation and Regulatory
Review.'' This EO provides for periodic retrospective review of
existing significant regulations and is intended to determine whether
any such regulations should be modified, streamlined, expanded, or
repealed, so as to make the Agency's regulatory program more effective
or less burdensome in achieving the regulatory objectives. More
information about this review is described in EPA's Statement of
Priorities in the Regulatory Plan.
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. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRMs). To be most effective, comments
should contain information and data that support your position, and you
also should explain why EPA 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.
EPA believes its actions will be more cost effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to problems.
Democracy gives real power to individual citizens, but with that power
comes responsibility. EPA encourages you to become involved in its rule
and policymaking process. For more information about public involvement
in EPA activities, please visit www.epa.gov/open.
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 EPA generally does not include the following
categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the CAA: 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 FIFRA: 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 RCRA: Authorization of State solid waste management
plans; hazardous waste delisting petitions;
Under the CWA: 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 SDWA: Actions on State underground injection control
programs.
The Regulatory Flexibility Agenda 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 RFA. EPA is closing the 610 review for one rule in
fall 2011.
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, which is 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 December 2012. 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 2011 Agenda. It also includes actions that EPA is no longer
considering. If an action appears in the completed section, it will not
appear in future agendas unless the Agency decides to initiate the
action again, in which case it will appear as a new entry. EPA also
announces the results of the RFA section 610 reviews in this section of
the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. The e-Agenda has much
more extensive information on these actions, including such things as
email addresses and
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Internet URLs for additional information.
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 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 Executive Order 12866, a rulemaking
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 EO 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 EO 12866.
Also, if 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, appears under the ``Priority'' heading
with the statement ``Major under 5 U.S.C. 801.''
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (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 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 the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may 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 UMRA 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 it is anticipated to exceed this $100
million threshold, we note it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under EO 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
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 email 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 actions, the Internet addresses are included 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 the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials. EPA
includes the docket number in most of the agenda entries of rulemakings
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 You Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of new rulemakings that the Agency's
senior managers have decided that we should develop. This list is also
distributed via email. You can see the current list, known as the
Action Initiation List, at http://www.epa.gov/lawsregs/regulations/ail.html where you will also find information about how to
[[Page 8007]]
get an email 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 a Federal regulatory dashboard that allows
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:
a. 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.''
b. 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.''
c. 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).''
d. 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.''
e. Download the results of your searches in XML format.
2. Subject Matter EPA Web Sites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an Advance 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 RFA section 610
reviews of rules with significant economic impacts on a substantial
number of small entities and for various non-rulemaking activities,
such as Federal Register documents seeking public comments on draft
guidance, policy statements, information collection requests under the
PRA, 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 Regulatory Development and Retrospective Review Tracker
EPA's Regulatory Development and Retrospective Review Tracker
(www.epa.gov/regdarrt/) 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. It
also provides information about retrospective reviews of existing
regulations.
The Regulatory Development and Retrospective Review Tracker (Reg
DaRRT) 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 Reg DaRRT;
only priority rulemakings can be found on this Web site.
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 is
closing the 610 review for one rule in fall 2011.
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Rule Reviewed RIN Docket ID No.
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National Primary Drinking Water Regulations; 2040-AF24 EPA-HQ-OW-2010-0728
Arsenic and Clarifications to Compliance and
New Source Contaminants Monitoring (Section
610 Review).
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EPA established an official public dockets for the 610 Review under
the docket identification (ID) number indicated above. All documents in
the dockets are listed on the www.regulations.gov Web site. Although
listed in the index, some information is not publicly available; e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Water 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.
J. What Other Special Attention Does EPA Give to the Impacts of Rules
on Small Businesses, Small Governments, and Small Nonprofit
Organizations?
For each of EPA's rulemakings, consideration is given whether there
will be any adverse impact on any small entity. EPA attempts 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 as amended by SBREFA, 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
[[Page 8008]]
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/public/component/main?main=UnifiedAgenda and click
on Regulatory Flexibility Analysis--Required toward the bottom of the
page.
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 9, 2011.
Shannon Kenny,
Acting Principal Deputy Associate Administrator, Office of Policy.
Clean Air Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
433....................... Revision of New Source 2060-AP93
Performance Standards for
New Residential Wood
Heaters.
434....................... National Emission 2060-AQ90
Standards for Hazardous
Air Pollutants (NESHAP)
Risk and Technology
Review (RTR) for the
Mineral Wool and Wool
Fiberglass Industries.
435....................... National Emission 2060-AR13
Standards for Hazardous
Air Pollutants for Major
Sources: Industrial,
Commercial, and
Institutional Boilers and
Process Heaters; Proposed
Reconsideration (Reg Plan
Seq No. 128).
------------------------------------------------------------------------
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 No. Title Identifier No.
------------------------------------------------------------------------
436....................... Implementation of the 1997 2060-AO96
8-Hr Ozone NAAQS:
Classification of Subpart
1 Areas and Revision to
Anti-Backsliding
Provisions; Deletion of
Obsolete 1-Hr Ozone
Standard Provisions.
437....................... National Emission 2060-AP52
Standards for Hazardous
Air Pollutants From Coal-
and Oil-Fired Electric
Utility Steam Generating
Units and Standards of
Performance for Electric
Utility Steam Generating
Units (Reg Plan Seq No.
143).
------------------------------------------------------------------------
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 No. Title Identifier No.
------------------------------------------------------------------------
438....................... SAN No. 5367 NESHAP: Brick 2060-AP69
and Structural Clay
Products and Clay
Products.
------------------------------------------------------------------------
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Long-Term
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
439....................... Pesticides; 2070-AJ45
Reconsideration of
Exemptions for Insect
Repellents.
------------------------------------------------------------------------
Toxic Substances Control Act (TSCA)--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
440....................... Lead; Renovation, Repair, 2070-AJ56
and Painting Program for
Public and Commercial
Buildings (Reg Plan Seq
No. 136).
441....................... Formaldehyde; Third-Party 2070-AJ44
Certification Framework
for the Formaldehyde
Standards for Composite
Wood Products (Reg Plan
Seq No. 134).
------------------------------------------------------------------------
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 No. Title Identifier No.
------------------------------------------------------------------------
442....................... Lead; Clearance and 2070-AJ57
Clearance Testing
Requirements for the
Renovation, Repair, and
Painting Program.
------------------------------------------------------------------------
[[Page 8009]]
Comprehensive Environmental Response, Compensation and Liability Act--
Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
443....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
------------------------------------------------------------------------
Clean Water Act--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
444....................... Stormwater Regulations 2040-AF13
Revision To Address
Discharges From Developed
Sites (Reg Plan Seq No.
138).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Safe Drinking Water Act (SDWA)--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
445....................... National Primary Drinking 2040-AF24
Water Regulations;
Arsenic and
Clarifications to
Compliance and New Source
Contaminants Monitoring
(Section 610 Review)
(Completion of a Section
610 Review).
------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act
Proposed Rule Stage
433. Revision of New Source Performance Standards for New Residential
Wood Heaters
Legal Authority: CAA sec 111(b)(1)(B)
Abstract: EPA is revising the New Source Performance Standards
(NSPS) for new residential wood heaters. 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 would 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. New residential hydronic
heaters and forced-air furnaces and new residential masonry heaters
would also be regulated by this action. These standards would apply
only to new residential wood heaters and not to existing residential
wood heating appliances.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/12
Final Action........................ 07/00/13
------------------------------------------------------------------------
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].
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
434. National Emission Standards for Hazardous Air Pollutants (NESHAP)
Risk and Technology Review (RTR) for the Mineral Wool and Wool
Fiberglass Industries
Legal Authority: 42 U.S.C. 7401
Abstract: The Maximum Achievable Control Technology (MACT) standard
for Mineral Wool Production was promulgated on June 1, 1999, and the
MACT for Wool Fiberglass Production was promulgated on June 14, 1999.
The Clean Air Act requires EPA to evaluate the risk remaining to human
health within eight years of promulgation of each MACT standard. Along
with risk, the EPA is also required to review new technology in the
industry that can reduce hazardous air pollutant (HAP) emissions from
regulated sources in the industry, and may consider costs under this
technology review. EPA is addressing these Clean Air Act requirements
under a combined risk and technology review (RTR).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/25/11 76 FR 72770
NPRM Comment Period End............. 01/24/12
Final Action........................ 07/00/12
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Fairchild, Environmental Protection Agency,
Air and Radiation, D-243-04, Research Triangle Park, NC 27711, Phone:
919 541-5167, Fax: 919 541-3207, Email:
[email protected].
Keith Barnett, Environmental Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Research Triangle Park, NC 20460, Phone: 919
541-5605, Fax: 919 541-3720, Email: [email protected].
RIN: 2060-AQ90
435. National Emission Standards for Hazardous Air Pollutants
for Major Sources: Industrial, Commercial, and Institutional Boilers
and Process Heaters; Proposed Reconsideration
Regulatory Plan: This entry is Seq. No. 128 in part II of this
issue of the Federal Register.
RIN: 2060-AR13
[[Page 8010]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act
Final Rule Stage
436. Implementation of the 1997 8-Hr Ozone NAAQS: Classification of
Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion
of Obsolete 1-Hr Ozone Standard Provisions
Legal Authority: 42 U.S.C. 7410; 42 U.S.C. 7511 to 7511f; 42 U.S.C.
7601(a)(1)
Abstract: This final action would revise the rule for
implementation of the 1997 8-hour ozone national ambient air quality
standard (NAAQS) to address several issues vacated by the U.S. Circuit
Court of Appeals for the District of Columbia Circuit. The rulemaking
would remove the portions of the regulatory text vacated by the Court.
The rule would also address: (1) The classification system for
nonattainment areas that the implementation rule originally covered
under Clean Air Act (CAA) title I, part D, subpart 1; and (2)
contingency measures that apply as anti-backsliding measures under the
now-revoked 1-hour standard. The rule would also remove an obsolete
provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/16/09 74 FR 2936
NPRM Comment Period End............. 02/17/09
Final Action........................ 12/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lynn Dail, Environmental Protection Agency, Air and
Radiation, C539-01, Research Triangle Park, NC 27711, Phone: 919 541-
2363, Fax: 919 541-0824, Email: [email protected].
Rich Damberg, Environmental Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC 20460, Phone: 919 541-5592, Fax:
919 541-0824, Email: [email protected].
RIN: 2060-AO96
437. National Emission Standards for Hazardous Air Pollutants From
Coal- and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Electric Utility Steam Generating Units
Regulatory Plan: This entry is Seq. No. 143 in part II of this
issue of the Federal Register.
RIN: 2060-AP52
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act
Long-Term Actions
438. 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, 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, sanitary ware,
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
Final Action........................ 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,
D243-02, Research Triangle Park, NC 27711, Phone: 919 541-2837, Fax:
919 541-4991, Email: [email protected].
RIN: 2060-AP69
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
439. Pesticides; Reconsideration of Exemptions for Insect Repellents
Legal Authority: 7 U.S.C. 136(a); 7 U.S.C. 136(w)
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................................ 02/00/13 .......................
------------------------------------------------------------------------
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)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
440. Lead; Renovation, Repair, And Painting Program for Public and
Commercial Buildings
Regulatory Plan: This entry is Seq. No. 136 in part II of this
issue of the Federal Register.
RIN: 2070-AJ56
441. Formaldehyde; Third-Party Certification Framework for the
Formaldehyde Standards for Composite Wood Products
Regulatory Plan: This entry is Seq. No. 134 in part II of this
issue of the Federal Register.
RIN: 2070-AJ44
[[Page 8011]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
442. Lead; Clearance and Clearance Testing Requirements for the
Renovation, Repair, and Painting Program
Legal Authority: 15 U.S.C. 2601(c); 15 U.S.C. 2682(c)(3); 15 U.S.C.
2684; 15 U.S.C. 2686; 15 U.S.C. 2687
Abstract: On May 6, 2010, EPA proposed a number of revisions to the
2008 Lead Renovation, Repair, and Painting Program (RRP) rule that
established accreditation, training, certification, and recordkeeping
requirements as well as work practice standards for persons performing
renovations for compensation in most pre-1978 housing and child-
occupied facilities. For the final rule that was promulgated on August
5, 2011, EPA decided not to promulgate dust wipe testing and clearance
requirements as proposed. However, EPA promulgated several other
revisions to the RRP rule, including a provision allowing a certified
renovator to collect a paint chip sample and send it to a recognized
laboratory for analysis in lieu of using a lead test kit, minor changes
to the training program accreditation application process, standards
for e-learning in accredited training programs, minimum enforcement
provisions for authorized state and tribal renovation programs, and
minor revisions to the training and certification requirements for
renovators. EPA also promulgated clarifications to the requirements for
vertical containment on exterior renovation projects, the prohibited or
restricted work practice provisions, and the requirements for high-
efficiency particulate air (HEPA) vacuums.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/06/10 75 FR 25038
NPRM Extension of Comment Period.... 07/07/10 75 FR 38959
Final Action........................ 08/05/11 76 FR 47918
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, Email: [email protected].
Michelle Price, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:
202 566-0744.
RIN: 2070-AJ57
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
443. Financial Responsibility Requirements Under Cercla Section 108(B)
for Classes of Facilities in the Hard Rock Mining Industry
Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608 (b)
Abstract: Section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
establishes certain authorities concerning financial responsibility
requirements. The Agency has identified classes of facilities within
the Hard Rock mining industry as those for which financial
responsibility requirements will be first developed. EPA intends to
include requirements for financial responsibility, as well as
notification and implementation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Priority Notice..................... 07/28/09 74 FR 37213
NPRM................................ 04/00/13 .......................
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Lesser, Environmental Protection Agency, Solid
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703
308-0314, Email: [email protected].
David Hockey, Environmental Protection Agency, Solid Waste and
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846,
Email: [email protected].
RIN: 2050-AG61
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act
Proposed Rule Stage
444. Stormwater Regulations Revision to Address Discharges From
Developed Sites
Regulatory Plan: This entry is Seq. No. 138 in part II of this
issue of the Federal Register.
RIN: 2040-AF13
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
445. National Primary Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring
(Section 610 Review) (Completion of a Section 610 Review)
Legal Authority: 5 U.S.C. 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 took steps to evaluate
and mitigate impacts on small entities as part of the promulgation of
the Arsenic Rule, EPA reviewed 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 considered
and solicited comments on the following factors: (1) The continued need
for the rule; (2) the nature of complaints or comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with other Federal,
State, or local government rules; and (5) the degree to which the
technology, economic conditions or other factors have changed in the
area affected by the rule. EPA has reviewed comments received in
response to this review, which identified concerns related to the cost
associated with treatment, disposal of waste streams, compliance
determinations for the maximum contaminant level (MCL), risk
communication and difficulty using alternative treatment technologies.
EPA identified available resources to address these concerns and has
made a determination not to revise the regulation at this time. See
EPA's report summarizing the results of this review in the docket EPA-
OW-2010-0728. 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................. 12/20/10 75 FR 79856
End Comment Period.................. 02/18/11 .......................
[[Page 8012]]
Completion of 610 Review............ 08/16/11 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Stephanie Flaharty, Environmental Protection
Agency, Water, Environmental Protection Agency, Water, Mail Code 4601M,
Washington, DC 20460, Phone: 202 564-5072, Email:
[email protected].
RIN: 2040-AF24
[FR Doc. 2012-1656 Filed 2-10-12; 8:45 am]
BILLING CODE 6560-50-P