[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37374-37383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12921]



[[Page 37373]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part XVII





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda  

[[Page 37374]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[EPA-HQ-OA-2016-0203; EPA-HQ-OAR-2016-0175; EPA-HQ-OPPT-2016-0126; EPA-
HQ-OW-2015-0541; FRL 9944-15-OP]


Spring 2016 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. This 
document contains information about:
     Regulations in the semiannual regulatory agenda that are 
under development, completed, or canceled since the last agenda;
     Retrospective reviews of existing regulations; and
     Reviews of regulations with small business impacts under 
Section 610 of the Regulatory Flexibility Act.

DATES: Comments must be received on or before July 11, 2016.

ADDRESSES: Submit your comments, identified by the appropriate Docket 
ID No. EPA-HQ-OA-2016-0203; EPA-HQ-OAR-2016-0175; EPA-HQ-OPPT-2016-
0126, to the Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or withdrawn. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

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 or retrospective review activity, please 
contact: Caryn Muellerleile ([email protected]; 202-564-2855).

Table of Contents

I. Introduction
    A. EPA's Regulatory 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?
II. Semiannual Regulatory Agenda
    A. What actions are included in the E-Agenda and the Regulatory 
Agenda?
    B. How is the E-Agenda organized?
    C. What information is in the Regulatory Flexibility Agenda and 
the E-Agenda?
    D. How can you find out about rulemakings that start up after 
the Regulatory Agenda is signed?
    E. What tools are available for mining Regulatory Agenda data 
and for finding more about EPA rules and policies?
III. Retrospective Review of Regulations
IV. Review of Regulations Under 610 of the Regulatory Flexibility 
Act
    A. Reviews of Rules With Significant Impacts on a Substantial 
Number of Small Entities
    B. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
V. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION: 

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting the environment and the health, 
welfare, and safety of Americans while also supporting economic growth, 
job creation, competitiveness, and innovation. EPA publishes the 
Semiannual Regulatory Agenda to update the public about regulatory 
activity undertaken in support of this mission. Within the Semiannual 
Regulatory Agenda, EPA provides notice of our plans to review, propose, 
and issue regulations.
    In 2016, EPA is also reviewing its Final Plan for Periodic 
Retrospective Reviews of Existing Regulations, which was issued in 
2011. Under Executive Order 13563, EPA committed to periodically review 
existing regulations to determine whether any may be modified, 
streamlined, expanded, or repealed in order to make the agency's 
regulatory program more effective or less burdensome in achieving our 
regulatory objectives. Consistent with our 2011 plan, EPA is again 
soliciting comments on regulations that might be appropriate for 
retrospective review.
    EPA's Semiannual Regulatory Agenda also includes information about 
rules that may have a significant economic impact on a substantial 
number of small entities, and review of those regulations under the 
Regulatory Flexibility Act, as amended.
    Within this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Regulatory Agenda, 
the opportunity to suggest regulations that may be appropriate for 
retrospective review, and actions that are currently undergoing review 
specifically for impacts on small entities.

A. EPA's Regulatory Information

    ``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 
now is only available through an online database, at both 
www.reginfo.gov/ and www.regulations.gov.
    ``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 pursuant to the Regulatory 
Flexibility Act of 1980. This document is available at http://www.gpo.gov/fdsys/search/home.action.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the General Service 
Administration.
    ``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. This portal is available at www.epa.gov/regdarrt/.
    ``Retrospective Review Plan'' is EPA's plan under Executive Orders 
13563 and 13610 to periodically review existing regulations to 
determine whether any may be modified, streamlined, expanded, or 
repealed in order to make the agency's regulatory program more 
effective or less burdensome in achieving the regulatory objectives. 
This Plan and subsequent progress updates are available at https://
www.epa.gov/

[[Page 37375]]

laws-regulations/retrospective-review-history.
    ``610 Review'' is an action EPA is committed to reviewing within 
ten years of promulgating a final rule that has or may have a 
significant economic impact on a substantial number of small entities. 
EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews.

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 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, EPA 
reviews its existing regulations under Executive Order 13563, 
``Improving Regulation and Regulatory Review'' and Executive Order 
13610, ``Identifying and Reducing Regulatory Burdens.'' These Executive 
Orders provide for periodic retrospective review of existing 
regulations and are 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 its regulatory objectives.

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 (NPRM). 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 other type of 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. 
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.

II. Semiannual Regulatory Agenda

A. What actions are included in the E-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations 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.
    Meanwhile, 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 initiating two 610 reviews at this time and completing one 
610 review.

B. How is the E-Agenda organized?

    You can choose how to organize the agenda entries online by 
specifying the characteristics of the entries of interest in the 
desired individual data fields for both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda. You can sort based on the 
following characteristics: 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.
    Each entry in the Agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--This section includes EPA actions generally 
intended to determine whether the agency 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.
    2. Proposed Rule Stage--This section includes EPA rulemaking 
actions that are within a year of proposal (publication of Notices of 
Proposed Rulemakings [NPRMs]).

[[Page 37376]]

    3. Final Rule Stage--This section includes rules that will be 
issued as a final rule within a year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after April 2017. We urge you 
to explore becoming involved even if an action is listed in the Long-
Term category.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the fall 2015 Agenda. It also includes actions that EPA is no longer 
considering and has elected to ``withdraw.'' EPA also announces the 
results of any RFA section 610 review in this section of the agenda.

C. 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. Note that the 
electronic version of the Agenda (e-Agenda) has more extensive 
information on each of these actions.
    E-Agenda entries include:
    Title: A brief description of the subject of the regulation. 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.
    a. 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.
    b. 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.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. 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 Executive Order 12866, then 
we would classify the action as either ``Economically Significant'' or 
``Other Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of Executive 
Order 12866.
    Major: A rule is ``major'' under 5 U.S.C. 801 if it has resulted or 
is likely to result in an annual effect on the economy of $100 million 
or more or meets other criteria specified in that Act.
    Unfunded Mandates: Whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). The Act 
generally requires that federal agencies prepare a written statement, 
including a cost-benefit analysis, for each proposed and final rule 
with ``federal mandates'' that may result in expenditures by State, 
local, and tribal governments, in the aggregate, or by the private 
sector of more than $100 million in 1 year.
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), 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 (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 10/00/16 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. 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.
    Energy Impacts: Indicates whether the action is a significant 
energy action under Executive Order 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

[[Page 37377]]

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

D. 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 to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get 
an email notification when a new list is posted.

E. What tools are available for mining Regulatory Agenda data and for 
finding more about EPA rules, policies, and retrospective review?

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 search, display, and data 
transmission options.
2. Subject Matter EPA Web Sites
    Some actions listed in the Agenda include a URL that provides 
additional information about the action.
3. Public Dockets
    When EPA publishes either an Advance Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (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. Not 
all of EPA's Regulatory Agenda entries appear on Reg DaRRT; only 
priority rulemakings can be found on this Web site.
    This Web site also provides information about EPA's retrospective 
reviews of existing regulations and semiannual progress reports on 
those reviews.

III. Retrospective Review of Regulations

    Recognizing the importance of reducing unnecessary red tape, 
Executive Order 13563 requires agencies to develop a plan to 
periodically review its regulations to determine whether any should be 
modified, streamlined, expanded, or repealed to make the agency's 
regulatory program more effective or less burdensome in achieving the 
regulatory objectives. Executive Order 13610 requires agencies to give 
priority to those initiatives that will produce significant monetary 
savings or reductions in paperwork burdens while protecting public 
health, welfare, safety, and our environment, and puts particular 
emphasis on initiatives that would reduce unjustified regulatory 
burdens or simplify or harmonize regulatory requirements on small 
businesses.
    In August 2011, EPA issued its Final Plan for Periodic 
Retrospective Reviews of Existing Regulations (http://www.epa.gov/regdarrt/). This Plan was developed after extensive public outreach 
that sought input on an agency plan for retrospective review, as well 
as on possible reforms to modify, streamline, expand or repeal existing 
regulations. As part of our 2011 Final Plan, the EPA committed to 
soliciting comments on what the public recommends for review as well as 
to evaluating the first review period.
    Consistent with the Executive Orders and with our 2011 Plan, EPA is 
again soliciting comments on regulations that might be appropriate for 
retrospective review. We are requesting comment on rules that were 
finalized more than 5 years ago and that have not already been 
identified for review under the 2011 Final Plan or subsequent updates 
to that Plan. In addition, we are specifically soliciting comments on 
the following questions:
     Which regulations could be updated to be less burdensome 
for small businesses and/or state and local governments while 
maintaining environmental protection?
     Which regulations, including economically significant 
rules, could be transitioned from paper to electronic reporting?
     How can the EPA reduce duplicative reporting requirements 
in existing regulations that may overlap with other federal 
requirements?
     How can the EPA streamline or consolidate reporting 
requirements to reduce burden, including reducing the frequency of 
reporting, while maintaining effective programs?
     Which regulations could be improved through the use of 
advance monitoring techniques to facilitate environmental protection?
     Are there changes that could be made to a regulation to 
better protect vulnerable populations?
     Which regulations (or a portion of a regulation) have 
achieved their original objective and become obsolete?
    We request that commenters be as specific as possible, include any 
supporting data or other information, and provide a citation when 
referencing a specific regulation. In addition, in drafting comments, 
bear in mind that the EPA must uphold both its legal obligations under 
governing statutes and its mission to protect human health and the 
environment; and that the EPA's retrospective review will be tailored 
to reflect its resources, rulemaking schedule, and workload.
    The EPA is accepting comments until July 11, 2016. Please send 
retrospective review comments to docket EPA-HQ-OA-2016-0203. Although 
the agency will not respond to individual comments, the EPA values and 
will give careful consideration to all input that it receives. Please 
see https://www.epa.gov/regdarrt/retrospective/history.html for 
additional information and updates.

IV. Review of Regulations Under 610 of the Regulatory Flexibility Act

A. 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

[[Page 37378]]

promulgation, each rule that has or will have a significant economic 
impact on a substantial number of small entities. At this time, EPA is 
initiating two 610 reviews and concluding a third 610 review.

 
----------------------------------------------------------------------------------------------------------------
           Review title                   RIN                    Docket ID #                       Status
----------------------------------------------------------------------------------------------------------------
610 Review of Control of Hazardous       2060-AS88  EPA-HQ-OAR-2016-0175                   New.
 Air Pollutants From Mobile
 Sources.
Section 610 Review of Lead-Based         2070-AK17  EPA-HQ-OPPT-2016-0126                  New.
 Paint Activities; Training and
 Certification for Renovation and
 Remodeling Section 402(c)(3).
Section 610 Review of National           2040-AF58  EPA-HQ-OW-2015-0541                    Completed.
 Primary Drinking Water
 Regulations: Ground Water Rule.
----------------------------------------------------------------------------------------------------------------

    EPA established official public dockets for the new 610 Reviews. If 
you would like to provide feedback, submit your comments, identified by 
Docket ID No. EPA-HQ-OAR-2016-0175 or EPA-HQ-OPPT-2016-0126, to the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments. Once submitted, comments 
cannot be edited or withdrawn. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA 
generally will not consider comments or comment contents located 
outside of the primary submission (i.e. on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets. EPA is no longer accepting 
comment on the Section 610 Review of National Primary Drinking Water 
Regulations: Ground Water Rule.

B. 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 to 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 policy and practice with respect to implementing 
RFA/SBREFA, please visit EPA's RFA/SBREFA Web site at www.epa.gov/reg-flex.

V. 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: March 18, 2016.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
229.......................  Section 610 Review of              2060-AS88
                             Control of Hazardous Air
                             Pollutants From Mobile
                             Sources (Section 610
                             Review).
------------------------------------------------------------------------


                          10--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
230.......................  Modernization of the               2050-AG82
                             Accidental Release
                             Prevention Regulations
                             Under Clean Air Act.
231.......................  General Permits and                2060-AR98
                             Permits by Rule for the
                             Federal Minor New Source
                             Review Program in Indian
                             Country for Six Source
                             Categories.
232.......................  Greenhouse Gas Emissions           2060-AS16
                             and Fuel Efficiency
                             Standards for Medium- and
                             Heavy-Duty Engines and
                             Vehicles--Phase 2.
233.......................  Oil and Natural Gas                2060-AS30
                             Sector: Emission
                             Standards for New and
                             Modified Sources.
------------------------------------------------------------------------


[[Page 37379]]


                            35--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
234.......................  Section 610 Review of Lead-        2070-AK17
                             Based Paint Activities;
                             Training and
                             Certification for
                             Renovation and Remodeling
                             Section 402(c)(3)
                             (Section 610 Review).
------------------------------------------------------------------------


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
235.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing.
------------------------------------------------------------------------


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
236.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


                         60--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
237.......................  Financial Responsibility           2050-AG61
                             Requirements Under CERCLA
                             Section 108(b) for
                             Classes of Facilities in
                             the Hard Rock Mining
                             Industry.
------------------------------------------------------------------------


                          72--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
238.......................  Section 610 Review of              2040-AF58
                             National Primary Drinking
                             Water Regulations: Ground
                             Water Rule (Completion of
                             a Section 610 Review).
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

229.  Section 610 Review of Control of Hazardous Air Pollutants 
From Mobile Sources (Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking ``Control of Hazardous Air Pollutants From 
Mobile Sources'' was finalized by the EPA in February 2007 (72 FR 8428, 
February 26, 2007). This program established stringent new controls on 
gasoline, passenger vehicles, and gas cans to further reduce emissions 
of benzene and other mobile source air toxics. The EPA developed a 
Small Entity Compliance Guide, which provides descriptions of the 
regulations and small entity provisions, Q&As, and other helpful 
compliance information. This new entry in the Regulatory Agenda 
announces that the EPA will review this action pursuant to section 610 
of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the 
provisions that could affect small entities should be continued without 
change, or should be rescinded or amended to minimize adverse economic 
impacts on small entities. As part of this review, the EPA will 
consider and solicit comments on the following factors: (1) The 
continued need for the rule; (2) the nature of complaints or comments 
received from the public concerning the rule; (3) the complexity of the 
rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other Federal, State, or local government rules; and (5) 
the degree to which the technology, economic conditions, or other 
factors have changed in the area affected by the rule. Comments must be 
received within 60 days of this notice. In submitting comments, please 
reference Docket ID EPA-HQ-OAR-2016-0175 and follow the instructions 
provided in the preamble to this issue of the Regulatory Agenda. This 
docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/26/07  72 FR 8427
Begin Review........................   05/00/16
End Review..........................   11/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tom Eagles, Environmental Protection Agency, Air 
and Radiation, 6103A, 1200 Pennsylvania Avenue NW., Washington, DC 
20460, Phone: 202 564-1952, Fax: 202 564-1554, Email: 
[email protected].
    RIN: 2060-AS88

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Final Rule Stage

230. Modernization of the Accidental Release Prevention Regulations 
Under Clean Air Act

    Legal Authority: 42 U.S.C. 7412(r)
    Abstract: The EPA, in response to Executive Order 13650, is 
considering amending its Risk Management Program

[[Page 37380]]

regulations. Such revisions may include several changes to the accident 
prevention program requirements including an additional analysis of 
safer technology and alternatives for the process hazard analysis for 
some Program 3 processes, third-party audits and incident investigation 
root cause analysis for Program 2 and Program 3 processes, enhancements 
to the emergency preparedness requirements, increased public 
availability of chemical hazard information, and several other changes 
to certain regulatory definitions and data elements submitted in risk 
management plans. Such amendments are intended to improve chemical 
process safety, assist local emergency authorities in planning for and 
responding to accidents, and improve public awareness of chemical 
hazards at regulated sources.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/14/16  81 FR 13637
Final Rule..........................   12/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Belke, Environmental Protection Agency, Office 
of Land and Emergency Management, 5104A, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Phone: 202 564-8023, Fax: 202 564-8444, Email: 
[email protected].
    Kathy Franklin, Environmental Protection Agency, Office of Land and 
Emergency Management, 5104A, 1200 Pennsylvania Avenue NW., Washington, 
DC 20460, Phone: 202 564-7987, Fax: 202 564-2625, Email: 
[email protected].
    RIN: 2050-AG82

231. General Permits and Permits By Rule for the Federal Minor New 
Source Review Program in Indian Country for Six Source Categories

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: The Tribal Minor New Source Review (NSR) program applies 
to new and modified minor sources and minor modifications at major 
sources of air pollution in Indian country. The program, established in 
2011, is implemented through issuance of preconstruction permits that 
can include, among other requirements, pollutant emission limits for 
minor sources and emission limitations on the potential of sources to 
emit pollution that would otherwise be considered major sources. This 
minor source program for Indian country is similar to state minor NSR 
programs. State minor NSR programs often use general permits and a few 
state programs allow permits by rule as streamlined permitting 
approaches for similar emission units or stationary sources. This 
action finalizes general permits for certain source categories of true 
minor sources wishing to locate or expand in Indian country. This 
action finalizes general permits for the following six source 
categories: Concrete batch plants; boilers and emergency engines, 
stationary spark ignition engines, stationary compression ignition 
engines, graphic arts and printing operations, and sawmill facilities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/17/14  79 FR 41845
NPRM Comment Period Extended........   08/19/14  79 FR 49031
Final Rule..........................   05/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chris Stoneman, Environmental Protection Agency, 
Air and Radiation, C304-01, Research Triangle Park, NC 27711, Phone: 
919 541-0823, Fax: 919 541-0072, Email: [email protected].
    Mark Sendzik, Environmental Protection Agency, Air and Radiation, 
C304-03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax: 
919 541-0942, Email: [email protected].
    RIN: 2060-AR98

232. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- 
and Heavy-Duty Engines and Vehicles--Phase 2

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: The EPA and the Department of Transportation, in close 
coordination with the California Air Resources Board, are developing a 
comprehensive National Program for Medium- and Heavy-Duty Vehicle 
Greenhouse Gas Emission and Fuel Efficiency Standards for model years 
beyond 2018. These standards would further reduce greenhouse gas 
emissions and fuel consumption from a wide range of on-road vehicles 
from semi-trucks to the largest pickup trucks and vans, and all types 
and sizes of work trucks and buses. This action is in continued 
response to the President's directive to take coordinated steps to 
produce a new generation of clean vehicles and follows the first ever 
Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for 
Medium- and Heavy-Duty Engines and Vehicles (76 FR 57106, September 15, 
2011).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/13/15  80 FR 40137
NPRM Comment Period End.............   09/11/15
NPRM Comment Period Extended........   07/28/15  80 FR 44863
NPRM Comment Period End Extended End   09/17/15
Notice..............................   03/02/16  81 FR 10822
Final Rule..........................   08/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Matt Spears, Environmental Protection Agency, Air 
and Radiation, Mail Code: ASD1, Ann Arbor, MI 48105, Phone: 734 214-
4921, Fax: 734 214-4816, Email: [email protected].
    Charles Moulis, Environmental Protection Agency, Air and Radiation, 
NFEVL, Ann Arbor, MI 48105, Phone: 734 214-4826.
    RIN: 2060-AS16

233. Oil and Natural Gas Sector: Emission Standards for New and 
Modified Sources

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: Consistent with the White House Methane Strategy and the 
January 14, 2015, announcement of the EPA's approach to achieving 
methane and volatile organic compounds (VOC) reductions from the oil 
and natural gas sector, this action will finalize amendments to the 
2012 new source performance standards (NSPS) for this sector. The 
proposed rule published 9/18/15, included methane and VOC standards for 
sources not covered by the 2012 Oil and Gas NSPS, such as completions 
of hydraulically fractured oil wells, pneumatic pumps and fugitive 
emissions at well sites and compressor stations. The proposal also 
included methane standards for sources covered in the 2012 NSPS. In 
addition, in response to the reconsideration petitions received for the 
2012 NSPS and the subsequent amendments to the NSPS, this rule 
addresses the issues for which the EPA is granting reconsideration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/18/15  80 FR 56593
NPRM Comment Period Extended........   11/13/15  80 FR 70179
Final Rule..........................   05/00/16
------------------------------------------------------------------------


[[Page 37381]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amy Hambrick, Environmental Protection Agency, Air 
and Radiation, E143-05, Research Triangle Park, NC 27711, Phone: 919 
541-0964, Fax: 919 541-3470, Email: [email protected].
    David Cozzie, Environmental Protection Agency, Air and Radiation, 
E-143-05, Research Triangle Park, NC 27711, Phone: 919 541-5356, Email: 
[email protected].
    RIN: 2060-AS30

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Prerule Stage

234.  Section 610 Review of Lead-Based Paint Activities; 
Training and Certification for Renovation and Remodeling Section 
402(C)(3) (Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: EPA is initiating a review of the 2008 Lead; Renovation, 
Repair, and Painting Program (RRP) (73 FR 21692) pursuant to section 
610 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 610). The rule was 
amended in 2010 (75 FR 24802) and 2011 (76 FR 47918) to eliminate a 
provision for contractors to opt-out of prescribed work practices and 
to affirm the qualitative clearance of renovated or repaired spaces, 
respectively. Although the section 610 review only needs to address the 
2008 RRP Rule, EPA will exercise its discretion to consider relevant 
comments to the 2010 and 2011 amendments. The RRP rule is intended to 
reduce exposure to lead hazard created by renovation, repair, and 
painting activities that disturb lead-based paint. The current rule 
establishes requirements for training renovators and dust sampling 
technicians; certifying renovators, dust sampling technicians, and 
renovation firms; accrediting providers of renovation and dust sampling 
technician training; and for renovation work practices. This new entry 
in the regulatory agenda announces that EPA will review this action 
pursuant to RFA section 610. As part of this review, EPA will consider 
and solicit comments on the following factors: (1) The continued need 
for the rule; (2) the nature of complaints or comments received 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal, 
State, or local government rules; and (5) the degree to which the 
technology, economic conditions or other factors have changed in the 
area affected by the rule. This review will also serve as an additional 
opportunity to provide comment on lead test kits, field testing 
alternatives and other broader RRP rule concerns as referenced in 80 FR 
79335 and 80 FR 27621. Comments must be received within 60 days of this 
notice. In submitting comments, please reference Docket ID EPA-HQ-OPPT-
2016-0126 and follow the instructions provided in the preamble to this 
issue of the Regulatory Agenda. This docket can be accessed at 
www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/22/08  73 FR 21691
Begin Review........................   05/00/16
End Review..........................   12/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jonathan Shafer, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 564-0789, 
Email: [email protected].
    Michelle Price, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Phone: 202 566-0744, Email: 
[email protected].
    RIN: 2070-AK17

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Proposed Rule Stage

235.  Trichloroethylene (TCE); Rulemaking Under TSCA Section 
6(A); Vapor Degreasing

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA) 
provides authority for the EPA to ban or restrict the manufacture 
(including import), processing, distribution in commerce, and use of 
chemicals, as well as any manner or method of disposal. The EPA 
identified trichloroethylene (TCE) for risk evaluation as part of its 
Work Plan for Chemical Assessment under TSCA. TCE is used in industrial 
and commercial processes, and also has some limited uses in consumer 
products. In the June 2014 TSCA Work Plan Chemical Risk Assessment for 
TCE, the EPA identified risks associated with commercial vapor 
degreasing. EPA is initiating rulemaking under TSCA section 6 to 
address these risks, if the EPA finds that there is a reasonable basis 
to conclude that the risks to human health or the environment are 
unreasonable. A separate Regulatory Agenda entry (RIN 2070-AK03) covers 
the EPA's consideration of a rulemaking to address the risks associated 
with TCE when used as a spotting agent in dry cleaning and in 
commercial and consumer aerosol spray degreasers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Toni Krasnic, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7405M, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 564-0984, 
Email: [email protected].
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Phone: 202 564-2228, Fax: 202 566-0471, Email: 
[email protected].
    RIN: 2070-AK11

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

236. Formaldehyde Emission Standards for Composite Wood Products

    Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
    Abstract: The EPA is developing a final rule under the Formaldehyde 
Standards for Composite Wood Products Act that was enacted in 2010 as 
title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697. In 
2013, EPA issued a proposed rule to establish a framework for a TSCA 
title VI Third-Party Certification Program whereby third-party 
certifiers (TPCs) are accredited by accreditation bodies (ABs) so that 
they may certify composite wood product panel producers under TSCA 
title VI. That proposed rule identified the roles and responsibilities 
of the groups involved in the TPC process (EPA, ABs, and TPCs), as well 
as the criteria for participation in the program. EPA also proposed 
general requirements for TPCs, such as conducting and verifying 
formaldehyde emission tests,

[[Page 37382]]

inspecting and auditing panel producers, and ensuring that panel 
producers' quality assurance and quality control procedures comply with 
the regulations set forth in the proposed rule. A separate proposed 
rule issued in 2013 under RIN 2070-AJ92 covered the implementation of 
the statutory formaldehyde emission standards for hardwood plywood, 
medium-density fiberboard, and particleboard sold, supplied, offered 
for sale, or manufactured (including imported) in the United States. 
Pursuant to TSCA section 3(7), the definition of ``manufacture'' 
includes import. As required by title VI, these regulations apply to 
hardwood plywood, medium-density fiberboard, and particleboard. TSCA 
title VI also directs EPA to promulgate supplementary provisions to 
ensure compliance with the emissions standards, including provisions 
related to labeling; chain of custody requirements; sell-through 
provisions; ultra low-emitting formaldehyde resins; no-added 
formaldehyde-based resins; finished goods; third-party testing and 
certification; auditing and reporting of third-party certifiers; 
recordkeeping; enforcement; laminated products; and exceptions from the 
requirements of regulations promulgated pursuant to this subsection for 
products and components containing de minimis amounts of composite wood 
products. As noted in the previously published Regulatory Agenda entry 
for each rulemaking, EPA has decided to issue a single final rule that 
addresses both of these proposals. As such, EPA also combined the 
entries for the Regulatory Agenda.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/03/08  73 FR 73620
Second ANPRM........................   01/30/09  74 FR 5632
NPRM................................   06/10/13  78 FR 34795
NPRM Comment Period Extended........   07/23/13  78 FR 44090
NPRM Comment Period Extended........   08/21/13  78 FR 51696
Final Rule..........................   07/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sara Kemme, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 7404T, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460, Phone: 202 566-0511, Fax: 202 566-
0473, Email: [email protected].
    Robert Courtnage, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460, Phone: 202 566-1081, Email: 
[email protected].
    RIN: 2070-AJ44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Proposed Rule Stage

237. 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. The EPA intends to 
include requirements for financial responsibility, as well as 
notification and implementation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   07/28/09  74 FR 37213
NPRM................................   12/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barbara Foster, Environmental Protection Agency, 
Office of Land and Emergency Management, 5304P, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460, Phone: 703 308-7057, Email: 
[email protected].
    Scott Palmer, Environmental Protection Agency, Office of Land and 
Emergency Management, 5305P, 1200 Pennsylvania Avenue NW., Washington, 
DC 20460, Phone: 703 308-8621, Email: [email protected].
    RIN: 2050-AG61

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72

Completed Actions

238. Section 610 Review of National Primary Drinking Water Regulations: 
Ground Water Rule (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: EPA published the Ground Water Rule (GWR) in the Federal 
Register on November 08, 2006. The purpose of the rule is to provide 
for increased protection against microbial pathogens in public water 
systems that use ground water sources. EPA is particularly concerned 
about ground water systems that are susceptible to fecal contamination 
since disease-causing pathogens may be found in fecal contamination. 
The GWR applies to public water systems that serve ground water. The 
rule also applies to any system that mixes surface and ground water if 
the ground water is added directly to the distribution system and 
provided to consumers without treatment. EPA reviewed this action in 
the fall of 2015 through the spring of 2016, pursuant to section 610 of 
the Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, 
EPA solicited comments for consideration 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 completed its 
review and concluded that the rule needs no revisions at this time to 
minimize impacts on small entities. The results of the review are 
summarized in a report and placed in the Water Docket under Docket ID 
No. EPA-HQ-OW-2015-0541. You can access the docket at the Federal 
eRulemaking Portal: http://www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   11/08/06  71 FR 65573
Begin Review........................   11/09/15  .......................
End Review..........................   04/13/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Philip Berger, Environmental Protection Agency, 
Water, 4607M, 1200 Pennsylvania Avenue NW., Washington, DC 20460, 
Phone: 202 564-5255, Email: [email protected].
    Crystal Rodgers-Jenkins, Environmental Protection Agency, Water, 
4607M, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Phone: 202 
564-5275, Fax: 202 564-3767, Email: [email protected].

[[Page 37383]]

    RIN: 2040-AF58

[FR Doc. 2016-12921 Filed 6-8-16; 8:45 am]
 BILLING CODE 6560-50-P