[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 XII





Environmental Protection Agency





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Semiannual Regulatory Agenda

[[Page 24756]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)                                  


  



_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 8540-3]

Spring 2008 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 are only available through an online database.

     ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. This will 
continue to be published in the Federal Registerbecause of a 
requirement of the Regulatory Flexibility Act.

     ``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.

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 Flexibility Agenda, contact Joan Rogers 
([email protected]; 202-564-6568). If you have questions about EPA's 
Action Development Process, you may contact Caryn, Joan, or Phil.

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, until October 1, 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. After September 30, call 202-564-6564, or e-mail 
your request to [email protected]. 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 Is the E-Agenda Organized?

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

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

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

I. What Other 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 online Agenda);         www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
 330 entries, which include the expanded Regulatory Flexibility            www.epa.gov/lawsregs/search/regagenda.html
 Agenda ( 8 entries; 25 data fields/entry)
 
Semiannual Regulatory Flexibility Agenda ( 8 entries; 9 data            www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
 fields/entry)                                                             www.epa.gov/lawsregs/search/regagenda.html                   issue
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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

[[Page 24757]]

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://www.epa.gov/lawsregs/search/
regagenda.html).

     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; 66 FR 28355; May 22, 
2001).

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

     You can make your voice heard by getting in touch with the 
contact person provided in each agenda entry. We urge you to 
participate as early in the process as possible. You may also 
participate by commenting on proposed rules that we publish in the 
Federal Register (FR).

     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

  Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act. We have three 
rules scheduled for 610 review in 2008.

E. How Is the E-Agenda Organized?

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

     Stages of rulemaking include:

1. Prerulemaking--Prerulemaking actions are generally intended to 
determine whether EPA should initiate rulemaking. Prerulemakings may 
include anything that influences or leads to rulemaking, such as 
advance notices of proposed rulemaking (ANPRMs), 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,

[[Page 24758]]

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 April 2009.

5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the fall 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 and the E-
Agenda?

     Regulatory Flexibility Agenda entries include:

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

     E-Agenda entries include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Timetable: The dates (and citations) that documents for this 
action were published in the Federal Registerand, 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

[[Page 24759]]

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

G. 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 economic impacts on a substantial number of small 
entities and for various nonrulemaking activities, such as Federal 
Registerdocuments 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/AgendaMain and www.regulations.gov. You may also download 
a PDF copy of EPA's regulatory agenda book at: http://www.epa.gov/
lawsregs/search/regagenda.html.

4. Agenda Indexes

     The first five indexes (610 Reviews, Regulatory Flexibility 
Analysis Required, Small Entity Impact but Regulatory Flexibility 
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. You can find these 
indexes at http://www.regulations.gov/fdmspublic/component/
main?main=UnifiedAgenda in the second box in the right hand column. 
You can also create them by using the E-Agenda search function at 
http://www.reginfo.gov/public/do/eAgendaSearch. EPA's Web site at 
http://www.epa.gov/lawsregs/search/regagenda.html also contains 
indexes for specific categories of regulatory actions, such as 
actions that require a Regulatory Flexibility Analysis or actions 
that may affect State, local, or tribal governments.

     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

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

     Section 610 of the RFA requires that an agency review, within 
10 years of promulgation, each rule that has or will have a 
significant economic impact on a substantial number of small 
entities. EPA has three rules scheduled for 610 review in 2008.

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                       Rule Being Reviewed                                                     RIN                                      Docket ID
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VOC Regulation for Architectural Coatings (Section 610 Review)                              2060-AP09                             EPA-HQ-OAR-2008-0205
 
Control of Emissions of Air Pollution From Nonroad Diesel Engines                           2060-AO82                             EPA-HQ-OAR-2008-0206
 (Section 610 Review)
 
National Primary Drinking Water Regulations: Stage I Disinfectant/                          2040-AE97                              EPA-HQ-OW-2008-0226
 Disinfection By-Products Rule (Section 610 Review)
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[[Page 24760]]

     EPA has established an official public docket for each of 
these 610 Reviews under a docket identification (ID) number as 
indicated above. All documents in the docket are listed on the 
www.regulations.gov Web site. 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, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
Air or Water 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. Unless otherwise indicated, please direct your comments 
to the identified Docket ID number for the specific 610 Review 
item. For these 610 Reviews, please DO NOT submit CBI or 
information that is otherwise protected by statute. You may submit 
comments using one of the following methods:

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

2. By Mail. Send your comments, identified by the appropriate Docket ID 
number, to: EPA Docket Center (EPA/DC), Environmental Protection 
Agency, Docket --------------------, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460.

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

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

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

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

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

     For a list of the rules under development for which a 
Regulatory Flexibility Analysis will be required and for a list of 
rules under development that may affect small entities, but not 
significantly affect a substantial number of them, go to: http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda 
and select the appropriate index in the second box in the right 
hand column.

J. Thank You for Collaborating With Us

     Finally, we would like to thank those of you who choose to 
join with us in 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. In an effort to further enhance our 
rulemaking process, EPA is now providing online information as soon 
as the agency begins the development of a new rule. You may access 
monthly Action Initiation Lists (AILs) at: http://www.epa.gov/
lawsregs/search/ail.html. They describe those actions that were 
approved for commencement during a given month.

Dated: March 13, 2008.

 Louise P. Wise,

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

                                       CLEAN AIR ACT (CAA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
243         SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines            2060-AO82
            (Section 610 Review)..................................................................
244         SAN No. 5255 VOC Regulation for Architectural Coatings (Section 610 Review)...........    2060-AP09
----------------------------------------------------------------------------------------------------------------


[[Page 24761]]


                                    CLEAN AIR ACT (CAA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
245         SAN No. 5250 Renewable Fuels Standard Program.........................................    2060-AO81
----------------------------------------------------------------------------------------------------------------


                                      CLEAN AIR ACT (CAA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
246         SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment...    2060-AM34
----------------------------------------------------------------------------------------------------------------


                             TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
247         SAN No. 3557 Lead-Based Paint; Amendments for Renovation, Repair, and Painting........    2070-AC83
----------------------------------------------------------------------------------------------------------------


                                  SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
248         SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant and        2040-AE97
            Disinfection By-Products Rule (Section 610 Review)....................................
----------------------------------------------------------------------------------------------------------------


                                SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
249         SAN No. 2281 National Primary Drinking Water Regulations: Radon.......................    2040-AA94
250         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.........................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Clean Air Act (CAA)



_______________________________________________________________________




243. [bull] CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL 
ENGINES (SECTION 610 REVIEW)

Legal Authority: Not Yet Determined

Abstract: On October 23, 1998 (63 FR 56967), EPA promulgated a 
regulation to reduce emissions of nitrogen oxides (NOx), non-methane 
hydrocarbon (NMHC), and particulate matter (PM) from diesel and 
gasoline fueled engines used in highway trucks and buses and in nonroad 
equipment and vehicles. Nitrogen oxides are a significant contributor 
to urban ozone pollution (smog), acid rain, and particulate pollution. 
Particulates, including those emitted directly and secondary 
particulates formed in the atmosphere, have been associated with 
increased death and illness rates as well as impaired visibility. Non-
Methane hydrocarbons also contribute to ozone pollution. Highway and 
nonroad engines and vehicles are very significant contributors to these 
air-quality problems. Pursuant to Section 610 of the Regulatory 
Flexibility Act, EPA is now initiating a review of this rule to 
determine if it should be continued without change, or should be 
rescinded or amended to minimize adverse economic impacts on small 
entities. As part of this review, EPA will consider, and solicits 
comments on, the following factors: (1) The continued need for the 
rule; (2) the nature of complaints or comments received concerning the 
rule; (3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. Comments must be received by

[[Page 24762]]

August 4, 2008. In submitting comments, please reference Docket ID 
number EPA-HQ-OAR-2008-0206, and follow the instructions provided in 
Section H of the preamble to this issue of the Regulatory Agenda. The 
results of EPA's review will be summarized in a report and placed in 
the rulemaking docket referenced above. This docket can be accessed at 
www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      10/23/98                    63 FR 56967
Begin Review                    05/00/08
End Comment Period              08/00/08
End Review                      12/00/08

Regulatory Flexibility Analysis Required: No

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

RIN: 2060-AO82
_______________________________________________________________________




244. [bull] VOC REGULATION FOR ARCHITECTURAL COATINGS (SECTION 610 
REVIEW)

Legal Authority: Not Yet Determined

Abstract: On September 11, 1998 (63 FR 48848), EPA promulgated a 
regulation to control volatile organic compound (VOC) emissions from 
architectural coatings. These coatings are applied to stationary 
structures and their appurtenances, to portable buildings, to 
pavements, or to curbs. Traditional VOC limitations, market-based 
approaches, and phased-in approaches were all included. This rule was 
based on the best possible understanding of the industry, and it 
afforded the flexibility to achieve the necessary emission reductions 
in the most sensible, cost-effective ways. Pursuant to Section 610 of 
the Regulatory Flexibility Act, EPA is now initiating a review of this 
rule to determine if it should be continued without change, or should 
be rescinded or amended to minimize adverse economic impacts on small 
entities. As part of this review, EPA will consider, and solicits 
comments on, the following factors: (1) The continued need for the 
rule; (2) the nature of complaints or comments received concerning the 
rule; (3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. Comments must be received by August 4, 2008. In submitting 
comments, please reference Docket ID number EPA-HQ-OAR-2008-0205, and 
follow the instructions provided in Section H of the preamble to this 
issue of the Regulatory Agenda. The results of EPA's review will be 
summarized in a report and placed in the rulemaking docket referenced 
above. This docket can be accessed at www.regulations.gov.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      09/11/98                    63 FR 48848
Begin Review                    05/00/08
End Comment Period              08/00/08
End Review                      12/00/08

Regulatory Flexibility Analysis Required: No

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

RIN: 2060-AP09
_______________________________________________________________________


Environmental Protection Agency (EPA)               Proposed Rule Stage


Clean Air Act (CAA)



_______________________________________________________________________




245. [bull] RENEWABLE FUELS STANDARD PROGRAM

Legal Authority: CAA 211(o)

Abstract: This action will implement certain provisions in Title II of 
the 2007 Energy Independence and Security Act that amend Section 211 
(o) of the Clean Air Act. The new law sets a modified standard for 
renewable fuels increasing the national requirement to 9.0 billion 
gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter 
total, 21 billion gallons is required to be obtained from cellulosic 
ethanol and other advanced biofuels. Starting in 2016, all of the 
increase in the RFS target must be met with advanced biofuels, defined 
as cellulosic ethanol and other biofuels derived from feedstock other 
than corn starch--with explicit standards for cellulosic biofuels and 
biomass-based diesel. Renewable fuels produced from new biorefineries 
will be required to reduce by at least 20 percent the life cycle 
greenhouse gas (GHG) emissions relative to life cycle emissions from 
gasoline and diesel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/08

Regulatory Flexibility Analysis Required: Yes

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

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

RIN: 2060-AO81

[[Page 24763]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                  Final Rule Stage


Clean Air Act (CAA)



_______________________________________________________________________




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

Legal Authority: 42 USC 7521 to 7601(a)

Abstract: In this rulemaking, EPA is promulgating exhaust emission 
standards for new nonroad spark-ignition engines that will 
substantially reduce emissions from these engines. The standards would 
apply starting in 2009 for new marine spark-ignition engines, including 
first-time EPA standards for sterndrive and inboard engines. The 
standards would apply starting in 2011 and 2012 for different sizes of 
new land-based, spark-ignition engines at or below 19 kilowatts (kW), 
which is equivalent to about 25 horsepower. These small engines are 
used primarily in lawn and garden applications. We are also 
promulgating evaporative emission standards for vessels and equipment 
using any of these engines. Nationwide, these emission sources 
contribute to ozone, carbon monoxide (CO), and particulate matter (PM) 
nonattainment.
We estimate that by 2030, this rule would result in significantly 
reduced pollutant emissions from regulated engine and equipment 
sources, including estimated annual nationwide reductions of 631,000 
tons of volatile organic hydrocarbon emissions, 98,200 tons of NOx 
emissions, and 6,300 tons of direct particulate matter (PM2.5) 
emissions. These reductions correspond to significant reductions in the 
formation of ground-level ozone. We would also expect to see annual 
reductions of 2,690,000 tons of carbon monoxide emissions, with the 
greatest reductions in areas where there have been problems with 
individual exposures. The requirements in this rule will substantially 
benefit public health and welfare and the environment. We estimate that 
by 2030, the rule's emission reductions would annually prevent 450 PM-
related premature deaths, approximately 500 hospitalizations, and 
52,000 work days lost. The total estimated annual benefits of the rule 
in 2030 would be $3.4 billion. Estimated costs in 2030 would be many 
times less at $240 million.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/18/07                    72 FR 28098
Final Action                    06/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Glenn Passavant, Environmental Protection Agency, Air 
and Radiation, 2000 Traverwood Dr., Ann Arbor, MI 48105
Phone: 734 214-4408
Fax: 734 214-4816
Email: [email protected]

RIN: 2060-AM34
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Completed Actions


Toxic Substances Control Act (TSCA)



_______________________________________________________________________




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

Legal Authority: 15 USC 2682 TSCA sec 402 ; 15 USC 2684 TSCA sec 404

Abstract: In 2008, EPA will continue its work toward the Administration 
goal of eliminating childhood lead poisoning as a national health 
concern by 2010 by implementing a comprehensive program to address 
lead-based paint hazards associated with renovation, repair and 
painting activities. The program will be comprised of a combination of 
approaches including regulations, and an extensive education and 
outreach campaign that will include elements specifically designed for 
industry and consumers. Industry outreach will include dissemination of 
information regarding the regulation, lead-safe work practices, and 
training opportunities. Consumer outreach will be designed to expand 
consumer awareness, and create demand for the use of lead-safe work 
practices. EPA plans to finalize and begin implementation of the 
Renovation, Repair and Painting Program regulations in 2008. EPA 
proposed these regulations on January 10, 2006 and amended that 
proposal on June 5, 2007 to include child occupied facilities within 
the scope of the rule. The regulation should minimize the introduction 
of lead hazards resulting from the disturbance of lead-based paint 
during renovation, repair, and painting activities. The regulations 
would require contractors conducting renovation, repair and painting 
activities in most target housing and child occupied facilities to be 
trained, certified, and to follow work practice standards designed to 
minimize the creation of lead hazards.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    04/22/08                    73 FR 21691

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Mike Wilson
Phone: 202 566-0521
Fax: 202 566-0471
Email: [email protected]

Doreen Cantor
Phone: 202 566-0486
Fax: 202 566-0471
Email: [email protected]

RIN: 2070-AC83

[[Page 24764]]

_______________________________________________________________________


Environmental Protection Agency (EPA)                     Prerule Stage


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




248. [bull] NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE I 
DISINFECTANT AND DISINFECTION BY-PRODUCTS RULE (SECTION 610 REVIEW)

Legal Authority: Not Yet Determined

Abstract: Congress required EPA to promulgate a Stage 1 and a Stage 2 
Disinfectants and Disinfection By-products Rule (DBPR) as part of the 
1996 Safe Drinking Water Act Amendments (section 1412 (b)(2)(C)).`` The 
Stage 1 DBPR was finalized in 1998 (63 FR 69390, December 16, 1998). 
Under the Stage 1 DBPR, EPA set maximum disinfectant level goals or 
maximum contaminant level goals for several disinfectants and 
disinfection by-products. EPA also set monitoring, reporting and public 
notification requirements for these compounds. EPA performed a 
regulatory flexibility analysis pursuant to the Regulatory Flexibility 
Act (5 U.S.C. 604) and was not able to certify that the final Stage 1 
DBPR will not have a significant economic impact on a substantial 
number of small entities.
The Stage 2 DBPR (71 FR 388, January 4, 2006) augments Stage 1 DBPR. 
EPA re-evaluated the Stage 1 DBPR and worked with stakeholders to 
develop the Stage 2 DBPR through consultation with a DBPR Federal 
Advisory Committee (including small water system owners); State, local 
and tribal governments; the National Drinking Water Advisory Committee; 
the Science Advisory Board; a Small Business Regulatory Enforcement 
Fairness Act consultation; a pre-proposal draft for comment, as well as 
formal notice and public comment on the proposed Stage 2 DBPR.
This new entry in the regulatory agenda announces that while EPA has 
taken steps to evaluate and mitigate impacts on small entities of the 
Stage 1 DBPR as part of the promulgation of the final Stage 2 DBPR, 
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 
610), EPA will review the Stage 1 DBPR. As part of this review, EPA 
will consider and solicits 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. Based on the evaluation of the Stage 1 
DBPR during the promulgation of the Stage 2 DBPR, EPA believes there is 
a continued need for the Stage 1 DBPR. Comments must be received by 
August 4, 2008. In submitting comments, please reference Docket ID EPA-
HQ-OW-2008-0226 and follow the instructions provided in Section H of 
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                      12/16/98                    63 FR 69389
Begin Review                    05/00/08
End Comment Period              08/00/08
End Review                      12/00/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water, 
4101M, Washington, DC 20460
Phone: 202 564-0264
Email: [email protected]

Stephanie Flaharty, Environmental Protection Agency, Water, 1200 
Pennsylvania Ave, Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]

RIN: 2040-AE97
_______________________________________________________________________


Environmental Protection Agency (EPA)                 Long-Term Actions


Safe Drinking Water Act (SDWA)



_______________________________________________________________________




249. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON

Legal Authority: 42 USC 300f et seq

Abstract: In 1999, EPA proposed regulations for radon that 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
Notice 99                       02/26/99                     64 FR 9560
NPRM                            11/02/99                    64 FR 59246
Final Action                    04/00/11

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
_______________________________________________________________________




250. 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

[[Page 24765]]

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. E8-7431 Filed 05-02-08; 8:45 am]
BILLING CODE 6560-50-S