[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Environmental Protection Agency Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part XIV





Environmental Protection Agency





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Semiannual Regulatory Agenda

[[Page 70118]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)






_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 8450-9]

EPA-HQ-OA-2007-0658

Fall 2007 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

_______________________________________________________________________

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the E-Agenda) at www.reginfo.gov 
(and also 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 used to be published in the Federal Register, but which now will 
only be available through an online database and will not be published 
in the Federal Register.

``Regulatory Plan'' refers to the document published in part 2 of the 
Federal Register that addresses the core of the Administration's 
regulatory priorities that will be issued in the coming fiscal year.

``Regulatory Flexibility Agenda'' refers to a document about 
regulations with a significant impact on a substantial number of small 
entities that will continue to be published in the Federal Register 
because of a requirement of the Regulatory Flexibility Act.

``FR Regulatory Agenda'' refers to both of the documents that will 
continue to be published in the Federal Register, The Regulatory Plan 
and the Regulatory Flexibility Agenda.

``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. In 
the future there may be a separate, short introduction to the 
Regulatory Flexibility Agenda and a longer introduction for the E-
Agenda.

FOR FURTHER INFORMATION CONTACT:  If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
semiannual regulatory agenda please contact: Phil Schwartz 
([email protected]; 202-564-6564) or Caryn Muellerleile 
([email protected]; 202-564-2855); if you have general 
questions about the regulatory plan contact Caryn Muellerleile; if you 
have general questions about the Regulatory Flexibility Agenda, contact 
Joan Rogers ([email protected]; 202-564-6568). If you have questions 
about the E-Agenda Suggestion Docket, contact Phil Schwartz. If you 
have questions about EPA's Action Development Process you may contact 
Caryn, Joan, or Phil.

IMPROVING THE E-AGENDA, THE E-AGENDA SUGGESTION DOCKET:  We have 
created a place for submitting, reviewing and commenting on ideas for 
how we can improve the usefulness of the EPA E-Agenda Web site. The E-
Agenda Suggestion Docket, ID No. EPA-HQ-OA-2007-0658, is available 
online at www.regulations.gov. See Unit H, below, for details about the 
Suggestion Docket.

TO BE PLACED ON THE AGENDA MAILING LIST: If you would like to receive 
an e-mail with a link to new semiannual regulatory agendas as soon as 
they are published, please send an e-mail message with your name and 
address to: [email protected] and put ``E-Regulatory Agenda: 
Electronic Copy'' in the subject line.

     If you would like to receive a hard copy of the semiannual 
agenda about 2 to 3 months after publication, please call 800-490-
9198 or send an e-mail with your name and complete address to: 
[email protected] and put ``Regulatory Agenda Hard Copy'' in the 
subject line. There is no charge for a single copy of the agenda.

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Map of Regulatory Agenda Information

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

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

D. What Actions Are Included in the Regulatory Agenda?

E. How Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

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

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

H. How Can You Help Shape the Development of EPA's New E-Agenda 
Information Tool: Using the E- Agenda Suggestion Docket?

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

J. Thank You for Collaborating With Us.

A. Map of Regulatory Agenda Information

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                                                                                                                                    Federal Register
                          Part of Agenda                                                 Online locations                               Location
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Semiannual Regulatory Agenda (The E-Agenda; the on-line Agenda);   www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Not in FR
 336 entries which includes the Regulatory Plan and the expanded                             orpm.html
 Regulatory Flexibility Agenda (4 entries; 25 data fields/entry)
 
Annual Regulatory Plan (30 entries)                                www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Part 2 of today's issue
                                                                                             orpm.html
Semiannual Regulatory Flexibility Agenda (4 entries; 9 data        www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Part 14 of today's issue
 fields/entry)                                                                               orpm.html
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[[Page 70119]]

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

    Our primary objective is to protect human health and the 
environment. One way we achieve this objective is through the 
development of regulations. In the United States, Congress passes 
laws and authorizes certain Government agencies, including EPA, to 
create and enforce regulations. EPA regulations cover a range of 
environmental and public health protection issues from setting 
standards for clean water, to establishing requirements for proper 
handling of toxic wastes, to controlling air pollution from 
industry and other sources.

    To ensure that our regulatory decisions are scientifically 
sound, cost-effective, fair, and effective in achieving 
environmental goals, we conduct high quality scientific, economic, 
and policy analyses. These analyses are planned and initiated at 
early stages in the regulatory development process, so that Agency 
decisionmakers are well informed of the qualitative and 
quantitative benefits and costs as they select among alternative 
approaches. It is also important that we continue to apply new and 
improved methods to protect the environment, such as: Building 
flexibility into regulations from the very beginning, creating 
strong partnerships with the regulated community, vigorously 
engaging in public outreach and involvement, and using effective 
nonregulatory approaches. We seek collaborative solutions to shared 
challenges. Research, testing, and adoption of new environmental 
protection methods are also a central tenet in environmental 
problem solving. The integration of all of these elements via a 
well-managed regulatory development process and a strong commitment 
to innovative solutions will ensure that we all benefit from 
significant environmental improvements that are fair, efficient, 
and protective. Our overall success is measured by our 
effectiveness in protecting human health and the environment. For a 
more expansive discussion of our regulatory philosophy and 
priorities, please see the Statement of Priorities in the FY 2008 
regulatory plan (http://epa.gov/opei/orpm.htmlagenda).

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

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

    You can make your voice heard by getting in touch with the 
contact person provided in each agenda entry. We urge you to 
participate as early in the process as possible. You may also 
participate by commenting on proposed rules that we publish in the 
Federal Register (FR). Information on submitting comments to the 
rulemaking docket is provided in each of our Notices of Proposed 
Rulemaking (NPRMs), and we always accept comments through the 
regulations.gov e-docket. To be most effective, comments should 
contain information and data that support your position, and you 
also should explain why we should incorporate your suggestion in 
the rule or nonregulatory action. You can be particularly helpful 
and persuasive if you provide examples to illustrate your concerns 
and offer specific alternatives.

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

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

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

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

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

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

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

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

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

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

     The Regulatory Flexibility Agenda normally includes:

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

[[Page 70120]]

 Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act. EPA, however, has 
no rules scheduled for section 610 review until 2008, so there are no 
610 reviews included in this Regulatory Flexibility Agenda.

E. How Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

    The Regulatory Plan is organized according to the current stage 
of development. The stages are:

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

    The Plan also may include a very limited number of extremely 
important actions which will be published after October 2008.

     We have organized the Regulatory Flexibility Agenda as 
follows:

First, into divisions based on the law that would authorize a 
particular action. A ``General'' division which includes crosscutting 
actions, such as rules authorized by multiple statutes and general 
acquisition rules precedes the media statutes (Clean Air Act (CAA), 
Clean Water Act (CWA), etc.)

Second, by the current stage of development. The stages are:

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

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

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

4. Long-Term Actions-This section includes rulemakings for which the 
next scheduled regulatory action is after October 2008.

5. Completed Actions-This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2007 agenda. It also includes actions that we are no longer 
considering. If an action appears in the completed section, it will not 
appear in future agendas unless we decide to initiate action again, in 
which case it will appear as a new entry. EPA also announces the 
results of our Regulatory Flexibility Act section 610 reviews in this 
section of the Agenda.

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

    Regulatory Flexibility Agenda entries include:

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

    E-Agenda entries include:

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

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

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

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

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

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

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

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

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

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

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

[[Page 70121]]

Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (P.L.), Executive Order (E.O.), or common name of the law 
that authorizes the regulatory action.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regulatory Plan entries include all categories of information included 
in E-Agenda entries, plus:

Sequence Number, Statement of Need, Summary of Legal Basis, 
Alternatives, Anticipated Costs and Benefits, and Risks.

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

1. Public Dockets

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

2. Subject Matter EPA Web sites

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

3. Regulatory Agenda Web sites

    If you have access to the Internet, you can use the E-Agenda 
databases and their accompanying search engines at www.reginfo.gov/
public/do/eAgendaMain or www.regulations.gov/. If you have any 
thoughts or suggestions about the new E-Agenda, please submit them 
to the E-Agenda Suggestion Docket discussed in unit H, below.

4. Agenda Indexes

    The first five indexes (610 Reviews, Regulatory Flexibility Act 
analysis Required, Small Entity Impact but Regulatory Flexibility 
Act analysis not Required, Affect on Government Levels, and 
Federalism Implications) that used to be published along with the 
Agenda will no longer appear in the Federal Register but each can 
be created by using the E-Agenda search function at http://
www.reginfo.gov/public/do/eAgendaSearch. There is a Subject Matter 
Index, based on the Federal Register Thesaurus of Indexing Terms, 
in the online E-agenda at http://www.reginfo.gov/public/do/
eAgendaMain.

5. Listservers

    If you want to get automatic e-mails about areas of particular 
interest, we maintain 12 listservers including:

a. Air

b. Water

c. Wastes and emergency response

d. Pesticides

e. Toxic substances

[[Page 70122]]

f. Right-to-know and toxic release inventory

g. Environmental impacts

h. Endangered species

i. Meetings

j. The Science Advisory Board

k. Daily full-text notices with page numbers, and

l. General information.

     For more information and to subscribe via our FR Web site, 
visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail 
without full Internet access, please send an e-mail to 
[email protected] to request instructions for subscribing to the 
EPA Federal Register listservers.

H. How Can You Help Shape the Development of EPA's New E-Agenda 
Information Tool: Using the E-Agenda Suggestion Docket?

    Transitioning to using the Internet as the primary means for 
conveying Agenda information will open a number of possibilities 
for providing timelier service and higher quality information. EPA 
had two reasons for supporting the initiative to make the Internet 
the primary means for distributing Agenda information: saving money 
and improving service. By improving service we mean giving you the 
types of information and organizing and delivering it within our 
budget constraints in the way that would be most useful and 
convenient for you.

    We're experimenting with an online E-Agenda suggestion docket 
as a way to involve you in the ongoing process to improve our 
effectiveness in getting information on rulemakings to the public 
and to improve public participation in the rulemaking process.

DATES: The suggestion docket will remain open for at least six months, 
but we encourage you to submit your comments as soon as possible.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2007-0658, by one of the following methods:

 www.regulations.gov: Follow the online instructions for 
submitting comments.

 Email: O[email protected]

 Fax: 202-566-9744

 Mail: OA Docket, USEPA, Mailcode: 2822T, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460

 EPA Docket Center, EPA West, Room 3334, 1301 Constitution 
Avenue NW., Washington, DC 20460

INSTRUCTIONS: Direct your suggestions to Docket ID No. EPA-HQ-OA-2007-
0658. EPA's policy is that all suggestions received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the suggestion includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials 
are available either electronically in www.regulations.gov or in 
hard copy at E-Agenda Suggestion Docket, EPA/DC, EPA West, Room 
3334, 1301 Constitution Avenue NW., Washington, DC. 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, and the telephone number for 
the E-Agenda Suggestion Docket is (202)-566-1752.

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

    For each of our rulemakings, we consider whether there will be 
any adverse impact on any small entity. We attempt to fit the 
regulatory requirements, to the extent feasible, to the scale of 
the businesses, organizations, and governmental jurisdictions 
subject to the regulation. Under RFA/SBREFA (the Regulatory 
Flexibility Act as amended by the Small Business Regulatory 
Enforcement Fairness Act), the Agency must prepare a formal 
analysis of the potential negative impacts on small entities, 
convene a Small Business Advocacy Review Panel (proposed rule 
stage), and prepare a Small Entity Compliance Guide (final rule 
stage) unless the Agency certifies a rule will not have a 
significant economic impact on a substantial number of small 
entities. For more detailed information about the Agency's policy 
and practice with respect to implementing RFA/SBREFA, please visit 
the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/. See Index B 
at the end of the agenda, ``Index to Environmental Protection 
Agency Entries for which a Regulatory Flexibility Analysis Is 
Required'' for a list of these rules. See Index C for a list of the 
rules that may affect small entities, but which we do not expect 
will have a significant economic impact on a substantial number of 
them.

    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 (SISNOSE). We have no section 610 reviews planned until 
2008.

J. Thank You for Collaborating With Us.

    Finally, we would like to thank those of you who choose to join 
with us in

[[Page 70123]]

solving the complex issues involved in protecting human health and 
the environment. Collaborative efforts such as EPA's open 
rulemaking process are a proven tool for solving the environmental 
problems we face and the regulatory agenda is an important part of 
that process.

Dated: September 14, 2007.

 Louise P. Wise,

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

                                      CLEAN AIR ACT (CAA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
439         SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment       2060-AM34
            (Reg Plan Seq No. 147)................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                              TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
440         SAN No. 3557 Lead-Based Paint; Amendments for Renovation, Repair and Painting (Reg        2070-AC83
            Plan Seq No. 152).....................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
441         SAN No. 2281 National Primary Drinking Water Regulations: Radon.......................    2040-AA94
442         SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total          2040-AD94
            Coliform Monitoring and Analytical Requirements and Consideration of Distribution
            System Issues.........................................................................
----------------------------------------------------------------------------------------------------------------

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Environmental Protection Agency (EPA)                  Final Rule Stage


Clean Air Act (CAA)



_______________________________________________________________________




439. CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AND 
EQUIPMENT

 Regulatory Plan: This entry is Seq. No. 147 in part II of this issue 
of the Federal Register.

RIN: 2060-AM34
_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Toxic Substances Control Act (TSCA)



_______________________________________________________________________




440. LEAD-BASED PAINT; AMENDMENTS FOR RENOVATION, REPAIR AND PAINTING

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

RIN: 2070-AC83

[[Page 70124]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




441. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON

Legal Authority: 42 USC 300f, et seq

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           09/30/86                    51 FR 34836
NPRM original                   07/18/91                    56 FR 33050
Notice99                        02/26/99                     64 FR 9560
NPRM                            11/02/99                    64 FR 59246
Final Action                    05/00/09

Regulatory Flexibility Analysis Required: Yes

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

Eric Burneson, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: [email protected]

RIN: 2040-AA94
_______________________________________________________________________




442. NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE TOTAL 
COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND CONSIDERATION OF 
DISTRIBUTION SYSTEM ISSUES

Legal Authority: 42 USC 300f et seq

Abstract: EPA is revising the Total Coliform Rule (TCR), which was 
published in 1989. On July 18, 2003, EPA published a Federal Register 
(68 FR 42907) Notice of Intent to revise the TCR. EPA intends revisions 
to the TCR to maintain or provide for greater human health protection 
than under the existing TCR while improving system efficiency. A 
Federal Advisory Committee recommended that EPA, as part of the TCR 6-
year review process, ``initiate a process for addressing cross-
connection control and backflow prevention requirements and consider 
additional distribution system requirements related to significant 
health risks.`` The original TCR, promulgated in 1989, protects human 
health by requiring microbial monitoring in drinking water distribution 
systems. The TCR does not include distribution system corrective or 
protective requirements to reduce contamination from coliforms and 
other contaminants. Since then, EPA has gained a better understanding 
of distribution system impacts on human health and, therefore, intends 
to strengthen the TCR and to consider how to address distribution 
system contamination issues. The process to do so involves a 
performance evaluation, development of issue papers on both 
distribution systems and total coliform, stakeholders meetings, and 
proposed and final rules. EPA has also convened a Federal Advisory 
Committee to address the TCR revisions and to consider distribution 
system issues.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10
Final Action                    10/00/12

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water, 
4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: [email protected]

Yu-ting Guilaran, Environmental Protection Agency, Water, 4607M, 
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: [email protected]

RIN: 2040-AD94
[FR Doc. 07-04839 Filed 12-07-07; 8:45 am]
BILLING CODE 6560-50-S