[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

----------------------------------------------------------------------------------------------------------------
        Type of Information                Online Locations                  Federal Register Location
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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.

----------------------------------------------------------------------------------------------------------------
                 Rule Reviewed                          RIN                        Docket ID No.
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------

    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