[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21871-21884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8940]
[[Page 21871]]
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Part XIV
Environmental Protection Agency
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###Semiannual Regulatory Agenda###
[[Page 21872]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL-9134-3]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0166
EPA-HQ-OAR-2010-0052
Spring 2010 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
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 continues to
be published in the Federal Register because of a requirement of
the Regulatory Flexibility Act.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for
development.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center.
``Regulatory Agenda preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility
Agenda and introduces both the Regulatory Flexibility Agenda and
the e-Agenda.
``Rulemaking Gateway'' refers to a new portal to EPA's priority
rules with earlier and more concise information about Agency
regulations. More information about the Rulemaking Gateway appears
in section H of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Phil Schwartz
([email protected]; 202-564-6564) or Caryn Muellerleile
([email protected]; 202-564-2855).
TO BE PLACED ON AN 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 regularly receive information about the
rules newly approved for development, sign up for our monthly
Action Initiation List by going to http://www.epa.gov/lawsregs/
search/ail.htmlnotification and completing the five steps
listed there. You may also track progress on EPA's priority
rulemakings by visiting the Rulemaking Gateway (www.epa.gov/
rulemaking/) or signing up for RSS feeds at http://
yosemite.epa.gov/opei/RuleGate.nsf/content/
getalerts.html?opendocument.
If you would like to receive a hard copy of the semiannual
agenda about 2 to 3 months after publication, call 800-490-9198 or
send an e-mail with your name and complete address to: nscep@bps-
lmit.com and put ``Regulatory Agenda Hard Copy'' in the subject
line.
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 Guide 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. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Information
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Federal Register
Type of Information Online Locations Location
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###Semiannual Regulatory Agenda### www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
www.epa.gov/lawsregs/ search/regagenda.html
Semiannual Regulatory Flexibility Agenda www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
www.epa.gov/lawsregs/ search/regagenda.html issue
[[Page 21873]]
Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/ Not in FR
main?main=DocketDetail&d=EPA-HQ- OA-2008-0265 and http://
www.epa.gov/lawsregs/ search/ail.html
Rulemaking Gateway www.epa.gov/rulemaking/ Not in FR
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B. What Are EPA's Regulatory Goals, and What Key Principles, Statutes,
and Executive Orders Guide Our Rule and Policymaking Process?
In outlining her agenda for the environment, Administrator
Jackson has outlined seven themes to focus the work of EPA. These
key goals shape everything we do.
Taking Action on Climate Change: Last year saw historic
progress in the fight against climate change, with a range of
greenhouse gas (GHG) reduction initiatives. We are continuing this
critical effort and ensuring compliance with the law. We continue
to support the President and Congress in enacting clean energy and
climate legislation. Using the Clean Air Act, we will finalize our
mobile source rules and provide a framework for continued
improvements in that sector. EPA is building on the success of
ENERGY STAR to expand cost-saving energy conservation and
efficiency programs. Additionally, we continue to develop common-
sense solutions for reducing GHG emissions from large stationary
sources like power plants. EPA recognizes that climate change will
affect other parts of its core mission, such as protecting air and
water quality, and includes those considerations in our future
plans.
Improving Air Quality: American communities face serious health
and environmental challenges from air pollution. There are already
proposed stronger ambient air quality standards for ozone, which
will help millions of Americans breathe more easily and live more
healthy lives. Building on that, EPA will develop a comprehensive
strategy for a cleaner and more efficient power sector, with strong
but achievable emission reduction goals for SO2, NOx, mercury, and
other air toxics. We will strengthen our ambient air quality
standards for pollutants such as PM, SO2, and NO2, and will achieve
additional reductions in air toxics from a range of industrial
facilities. Improved monitoring, permitting, and enforcement will
be critical building blocks for air quality improvement.
Assuring the Safety of Chemicals: One of EPA's highest
priorities is to make significant progress in assuring the safety
of chemicals in our products, our environment, and our bodies. Last
year, Administrator Jackson announced principles for modernizing
the Toxic Substances Control Act. Separately, we are shifting EPA's
focus to address high-concern chemicals and filling data gaps on
widely produced chemicals in commerce. EPA has released the first-
ever chemical management plans for five groups of substances, and
more plans are underway. Using our streamlined Integrated Risk
Information System, we will continue strong progress toward
rigorous, peer-reviewed health assessments on dioxins, arsenic,
formaldehyde, TCE, and other substances of concern.
Cleaning Up Our Communities: EPA has made strong cleanup
progress by accelerating our Superfund program and confronting
significant local environmental challenges like the asbestos public
health emergency in Libby, Montana, and the coal ash spill in
Kingston, Tennessee. Using all the tools at our disposal, including
enforcement and compliance efforts, we will continue to focus on
making communities safer and healthier. EPA is maximizing the
potential of the brownfields program to spur environmental cleanup
and job creation, particularly in disadvantaged communities. We are
also developing enhanced strategies for risk reduction in our
Superfund program and developing stronger partnerships with
stakeholders affected by our cleanups.
Protecting America's Waters: America's waterbodies are
imperiled as never before. Water quality and enforcement programs
face complex challenges, from nutrient loadings and stormwater
runoff to invasive species and drinking water contaminants. These
challenges demand both traditional and innovative strategies. EPA
continues its work on comprehensive watershed protection programs
for the Chesapeake Bay and Great Lakes. We have initiated measures
to address post-construction runoff, water quality impairment from
surface mining, and stronger drinking water protection. Recovery
Act funding is expanding construction of water infrastructure, and
we are working with states to develop nutrient limits.
Expanding the Conversation on Environmentalism and Working for
Environmental Justice: We have begun a new era of outreach and
protection for communities historically underrepresented in EPA
decisionmaking. EPA seeks strong working relationships with tribes,
communities of color, economically distressed cities and towns,
young people, and others. It is our goal to include environmental
justice principles in all of our decisions. The protection of
vulnerable subpopulations is a top priority, especially with regard
to children.
Building Strong State and Tribal Partnerships: States and
tribal nations bear important responsibilities for the day-to-day
mission of environmental protection, but declining tax revenues and
fiscal challenges are pressuring State agencies and tribal
governments to do more with fewer resources. Strong partnerships
and accountability are more important than ever. EPA supports State
and tribal capacity and, through strengthened oversight, is working
to ensure that programs are consistently delivered nationwide.
Where appropriate, we use our expertise and capacity to bolster
State and tribal efforts.
EPA's strength has always been our ability to adapt to the
constantly changing face of environmental protection as our economy
and society
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evolve, and science teaches us more about how humans interact with
and affect the natural world. Now, more than ever, EPA must be
innovative and forward looking because the environmental challenges
faced by Americans all across our country are unprecedented.
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 www.regulations.gov
electronic 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 likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act. There are three rules
for 610 review in spring 2010.
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, 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 2011.
5. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the fall 2009 agenda. It also includes actions that EPA is no longer
considering. If an action appears in the completed section, it will not
appear in future agendas unless we decide to initiate action again, in
which case it will appear as a new entry. EPA also announces the
results
[[Page 21875]]
of the 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 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.
International Trade Impacts: Indicates whether the action is
likely to have international trade or investment effects, or
otherwise be of international interest.
Agency Contact: The name, address, phone number, and 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
[[Page 21876]]
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. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of new rulemakings that the
Agency's senior managers have decided that we should develop. We
also distribute this list via e-mail. You can see the current list,
which we call the Action Initiation List at http://www.epa.gov/
lawsregs/search/ail.html where you will also find information about
how to get an e-mail notification when a new list is posted.
H. What Tools for Mining Regulatory Agenda Data and for Finding More
About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The http://www.reginfo.gov/ Searchable Database
The Regulatory Information Service Center and Office of
Information and Regulatory Affairs have revised a Federal
regulatory dashboard and continue to allow users to view the
Regulatory Agenda database (http://www.reginfo.gov/public/do/
eAgendaMain), which includes powerful search, display and data
transmission options. At that site you can:
1. See the preamble. At the URL listed above for the Unified Agenda and
Regulatory Plan, find ``Current Agenda Agency Preambles.''
Environmental Protection Agency is listed alphabetically under ``Other
Executive Agencies.''
2. Get a complete list of EPA's entries in the current edition of the
Agenda. Use the drop-down menu in the ``Select Agency'' box to find
Environmental Protection Agency and ``Submit.''
3. View the contents of all of EPA's entries in the current edition of
the Agenda. Choose ``Agenda/Regulatory Plan Search'' in the top right
corner. Within the ``Agenda/Regulatory Plan Search'' screen, open
``Advanced Search,'' then ``Continue.'' Select ``Environmental
Protection Agency'' and ``Continue.'' Select ``Search,'' then ``View
All RIN Data (Max 350).''
4. Get a listing of entries with specified characteristics. Follow the
procedure described immediately above for viewing the contents of all
entries, but on the screen entitled ``Advanced Search - Select
Additional Fields,'' choose the characteristics you are seeking before
``Search.'' For example, if you wish to see a listing of all
economically significant actions that may have a significant economic
impact on a substantial number of small businesses, you would check
``Economically Significant'' under ``Priority'' and ``Business'' under
``Regulatory Flexibility Analysis Required.''
5. Download the results of your searches in XML format.
2. Subject Matter EPA Web sites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency
typically establishes a docket to accumulate materials throughout
the development process for that rulemaking. The docket serves as
the repository for the collection of documents or information
related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also
be used for 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
Register documents seeking public comments on draft guidance,
policy statements, information collection requests under the
Paperwork Reduction Act, and other non-rule activities. Docket
information should be in that action's agenda entry. All of EPA's
public dockets can be located at www.regulations.gov.
4. EPA's Rulemaking Gateway
EPA's newly released online Rulemaking Gateway (www.epa.gov/
rulemaking/) serves as a portal to EPA's priority rules, providing
you with earlier and more concise information about Agency
regulations. It also allows users to search for EPA rules that
relate to specific interests, including impacts on small business;
children's health; environmental justice; and State, local, and
tribal government. The Rulemaking Gateway provides information as
soon as work begins and provides updates on a monthly basis as new
information becomes available. Time-sensitive information, such as
notice of public meetings, is updated on a daily basis. Not all of
EPA's regulatory agenda entries appear on the Rulemaking Gateway;
only priority rulemakings can be found on the Gateway. You may
access a definition of ``priority rulemakings'' here:
http://yosemite.epa.gov/ opei/RuleGate.nsf/content/
about.html?opendocument
I. Reviews of Rules With Significant Impacts on a Substantial
Number of Small Entities
Section 610 of the RFA requires that an agency review, within
10 years of promulgation, each rule that has or will have a
significant economic impact on a substantial number of small
entities. EPA has three rules scheduled for 610 review in spring
2010.
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Rule Being Reviewed RIN Docket ID
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National Primary Drinking Water Regulations: Radionuclides 2040-AF19 EPA-HQ-OW-2010-0166
(Section 610 Review)
Effluent Guidelines and Standards for the Centralized Waste 2040-AF18 EPA-HQ-OW-2010-0169
Treatment Industry (Section 610 Review)
[[Page 21877]]
Tier II Light-Duty Vehicle and Light-Duty Truck Emission 2060-AQ12 EPA-HQ-OAR-2010-0052
Standards and Gasoline Sulfur Standards (Section 610 Review)
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EPA has established official public dockets for these 610
Reviews under the docket dentification (ID) numbers as indicated
above. All documents in the dockets are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available; e.g., confidential business
information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly
available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the applicable program
(Water or Air) docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20460. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744. 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 to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Docket [insert
applicable docket number], 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver your comments,
identified by the Docket [insert applicable docket
number], to: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20460. 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 center'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.
J. 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.
K. 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 valuable tool for addressing the
problems we face, and the regulatory agenda is an important part of
that process.
Dated: February 25, 2010.
Louise Wise,
Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.
[[Page 21878]]
CLEAN AIR ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
264 SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and 2060-AQ12
Gasoline Sulfur Standards (Section 610 Review)........................................
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
265 SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area 2060-AM44
Sources: Industrial, Commercial, and Institutional Boilers............................
266 National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, 2060-AQ25
Commercial, and Institutional Boilers and Process Heaters.............................
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
267 SAN No. 5250 Renewable Fuels Standard Program......................................... 2060-AO81
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
268 SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20
269 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
270 SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, 2070-AJ57
Repair, and Painting Program..........................................................
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
271 SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the 2070-AJ55
Renovation, Repair, and Painting Program..............................................
----------------------------------------------------------------------------------------------------------------
CLEAN WATER ACT--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
272 SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment 2040-AF18
Industry (Section 610 Review).........................................................
----------------------------------------------------------------------------------------------------------------
[[Page 21879]]
SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
273 SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610 2040-AF19
Review)...............................................................................
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
274 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Clean Air Act
_______________________________________________________________________
264. TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK
EMISSION STANDARDS AND GASOLINE SULFUR STANDARDS (SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a
regulation to require emission standards for light-duty vehicles and
light-duty trucks through lowering tailpipe emission standards.
Specifically, EPA sought to reduce emissions of nitrogen oxides and
non-methane hydrocarbons, pollutants which contribute to ozone
pollution. The rulemaking also provided limitations on the sulfur
content of gasoline available nationwide. Sulfur in gasoline has a
detrimental impact on catalyst performance and could be a limiting
factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February
19, 2010, EPA initiated 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 (75 FR 7426). As
part of this review, EPA is considering, and has solicited comments on,
the following factors: (1) The continued need for the rule; (2) the
nature of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule. The
results of EPA's review will be summarized in a report and placed in
the docket EPA-HQ-OAR-2010-0052. This docket can be accessed at
www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 02/10/00 65 FR 6698
Begin Review 02/19/10 75 FR 7426
End Comment Period 03/22/10
End Review 10/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Tad Wysor, Environmental Protection Agency, Air and
Radiation, USEPA, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: [email protected]
Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: [email protected]
RIN: 2060-AQ12
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act
_______________________________________________________________________
265. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA
SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS
Legal Authority: Clean Air Act sec 112
Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory
requirements for EPA's stationary source air toxics program. Section
112 mandates that EPA develop standards for hazardous air pollutants
(HAP) for both major and area sources listed under section 112(c). This
regulatory action will develop emission standards for boilers located
at area sources. Section 112(k) requires development of standards for
area sources, which account for 90 percent of the emissions in urban
areas of the 30 urban (HAP) listed in the Integrated Urban Air Toxics
Strategy. These area source standards can require control levels which
are equivalent to either MACT or generally available control technology
(GACT). The Integrated Air Toxics Strategy lists industrial boilers and
commercial/institutional boilers as area source categories for
regulation pursuant to Section 112(c). Industrial boilers and
institutional/commercial boilers are on the list of section 112(c)(6)
source categories. In this rulemaking, EPA will develop standards for
these source categories.
[[Page 21880]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Final Action 12/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Email: [email protected]
RobertJ Wayland, Environmental Protection Agency, Air and Radiation,
D243-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: [email protected]
RIN: 2060-AM44
_______________________________________________________________________
266. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR MAJOR SOURCE INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Legal Authority: Clean Air Act sec 112
Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory
requirements for EPA's stationary source air toxics program. Section
112 mandates that EPA develop standards for hazardous air pollutants
(HAP) for both major and area sources listed under section 112(c). This
regulatory action will develop emission standards for boilers and
process heaters located at major sources. Section 112(d)(2) requires
that emission standards for major sources be based on the maximum
achievable control technology (MACT). Industrial boilers and
institutional/commercial boilers are on the list of section 112(c)(6)
source categories. In this rulemaking, EPA will develop standards for
these source categories.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Final Action 12/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James Eddinger, Environmental Protection Agency, Air
and Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: [email protected]
Robert J. Wayland, Environmental Protection Agency, Air and Radiation,
C439-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: [email protected]
RIN: 2060-AQ25
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Clean Air Act
_______________________________________________________________________
267. RENEWABLE FUELS STANDARD PROGRAM
Legal Authority: Clean Air Act sec 211(o)
Abstract: This rulemaking will implement provisions in title II of the
2007 Energy Independence and Security Act (EISA) that amend section
211(o) of the Clean Air Act. The amendments revise the National
Renewable Fuels Standard Program in the United States, increasing the
national requirement to a total of 36 billion gallons of total
renewable fuel in 2022. Application of the new standards now apply to
diesel fuel producers in addition to gasoline producers and to nonroad
fuels in addition to highway fuels. The new requirements also establish
new renewable fuel categories and specific volume standards for
cellulosic and advanced renewable fuels, biomass based diesel and total
renewable fuels. Further, the amendments establish new eligibility
requirements for meeting the renewable fuel standards including
application of a specific definition for biomass, restrictions on what
land feedstocks can come from and establish minimum lifecycle
greenhouse gas reduction thresholds for the various categories of
renewable fuels.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/26/09 74 FR 24903
NPRM Comment Period Extended 07/07/09 74 FR 32091
NPRM Comment Period End 07/27/09
NPRM Comment Period Extended To 09/25/09
Final Action 03/26/10 75 FR 14670
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 21881]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
_______________________________________________________________________
268. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS
Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w
Abstract: The EPA is proposing to change the Federal regulations under
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that
guide the certified pesticide applicator program (40 CFR 171). Change
is sought to strengthen the regulations to better protect pesticide
applicators and the public and the environment from harm due to
pesticide exposure. The possible need for change arose from EPA
discussions with key stakeholders. EPA has been in extensive
discussions with stakeholders since 1997 when the Certification and
Training Assessment Group (CTAG) was established. CTAG is a forum used
by regulatory and academic stakeholders to discuss the current state
of, and the need for improvements in, the national certified pesticide
applicator program. Throughout these extensive interactions with
stakeholders, EPA has learned of the potential need for changes to the
regulation.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ20
_______________________________________________________________________
269. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS
Legal Authority: 7 USC 136; 7 USC 136w
Abstract: The EPA is developing a proposal under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the
federal regulations guiding agricultural worker protection (40 CFR
170). The changes under consideration are intended to improve
agricultural workers' ability to protect themselves from potential
exposure to pesticides and pesticide residues. In addition, EPA is
proposing to make adjustments to improve and clarify current
requirements and facilitate enforcement. Other changes sought are to
establish a right-to-know Hazard Communication program and make
improvements to pesticide safety training, with improved worker safety
the intended outcome. The potential need for change arose from EPA
discussions with key stakeholders beginning in 1996 and continuing
through 2004. EPA held nine public meetings throughout the country
during which the public submitted written and verbal comments on issues
of their concern. In 2000 through 2004, EPA held meetings where invited
stakeholders identified their issues and concerns with the regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ22
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
270. LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR THE
RENOVATION, REPAIR, AND PAINTING PROGRAM
Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC
2686; 15 USC 2687
Abstract: EPA intends to propose several revisions to the 2008 Lead
Renovation, Repair, and Painting Program (RRP) rule that established
accreditation, training, certification, and recordkeeping requirements
as well as work practice standards for persons performing renovations
for compensation in most pre-1978 housing and child-occupied
facilities. Current requirements include training renovators, other
renovation workers, and dust sampling technicians; for certifying
renovators, dust sampling technicians, and renovation firms; for
accrediting providers of renovation and dust sampling technician
training; for renovation work practices; and for recordkeeping. EPA is
particularly concerned about dust lead hazards generated by renovations
because children, especially younger children, are at risk for high
exposures of lead-based paint dust via hand-to-mouth exposure. For this
particular action, EPA will consider whether to establish additional
requirements to ensure that renovation work areas are adequately
cleaned after renovation work is finished and before the areas are re-
occupied. These additional requirements may include dust wipe testing
after renovations and ensuring that renovation work areas meet
clearance standards before re-occupancy.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Final Action 07/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office
of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC
20460
[[Page 21882]]
Phone: 202 566-0484
Email: [email protected]
Michelle Price, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: [email protected]
RIN: 2070-AJ57
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
271. LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE
RENOVATION, REPAIR, AND PAINTING PROGRAM
Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC
2686; 15 USC 2687
Abstract: As part of a lawsuit settlement, EPA agreed to propose
several revisions to the 2008 Lead Renovation, Repair, and Painting
Program (RRP) rule that established accreditation, training,
certification, and recordkeeping requirements as well as work practice
standards on persons performing renovations for compensation in most
pre-1978 housing and child-occupied facilities. In October of 2008, EPA
proposed amendments to the opt-out provision that currently exempts a
renovator from the training and work practice requirements of the rule
when he or she obtains a certification from the owner of a residence he
or she occupies that no child under age 6 or pregnant women resides in
the home and the home is not a child-occupied facility. EPA also
proposed revisions that involve renovation firms providing the owner
with a copy of the records they are currently required to maintain to
demonstrate compliance with the training and work practice requirements
of the RRP rule and, if different, providing the information to the
occupant of the building being renovated or the operator of the child-
occupied facility. In addition to the proposed amendments, EPA
considered various minor amendments to the regulations concerning
training provider accreditations, renovator certifications and State
and tribal program requirements.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/28/09 74 FR 55506
NPRM Comment Period End 11/27/09
Final Action 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Marc Edmonds, Environmental Protection Agency, Office
of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC
20460
Phone: 202 566-0758
Email: [email protected]
Michelle Price, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0744
Email: [email protected]
RIN: 2070-AJ55
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Clean Water Act
_______________________________________________________________________
272. EFFLUENT GUIDELINES AND STANDARDS FOR THE
CENTRALIZED WASTE TREATMENT INDUSTRY (SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: In December 2000, EPA promulgated effluent limitations for
the Centralized Waste Treatment (CWT) Point Source Category at 40 CFR
437 (65 FR 81241, December 22, 2000). A CWT facility treats or recovers
hazardous or non-hazardous industrial waste, wastewater, or used
material from off-site. The regulation established wastewater discharge
standards for three major types of wastes: metal-bearing, oily, and
organic. EPA issued a Small Entity Compliance Guide, which provides
easy-to-read descriptions of the regulations and other helpful
information on how to comply such as a question and answer section.
EPA announces this new action, pursuant to Section 610 of the
Regulatory Flexibility Act, to initiate a review of the 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 90 days from this publication. In
submitting comments, please reference Docket ID number EPA-HQ-OW-2010-
0169, and follow the instructions provided in an earlier section of the
preamble to this issue of the Regulatory Agenda. EPA will summarize the
results of this review in a report and place that report in the
rulemaking docket referenced above. You can access that docket at
www.regulations.gov.
EPA continues to view the effluent limitations for the CWT category as
a necessary component of the comprehensive program to restore and
maintain the quality of our Nation's waters. EPA intends to continue to
require compliance with the regulation. Until and unless the Agency
modifies the rule, the discharges described in 40 CFR 437.1 remain
subject to the final rules.
[[Page 21883]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 12/22/00 65 FR 81241
Begin Review 04/00/10
End Comment Period 07/00/10
End Review 12/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Erik Helm, Environmental Protection Agency, 4303T,
Washington, DC 20460
Phone: 202 566-1049
Fax: 202 566-1053
Email: [email protected]
RIN: 2040-AF18
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
273. NATIONAL PRIMARY DRINKING WATER REGULATIONS:
RADIONUCLIDES (SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final
revised and/or new national primary drinking water regulations (NPDWRs)
for non-radon radionuclides as authorized by the Safe Drinking Water
Act. In this action, referred to as the Radionuclides Rule, EPA
promulgated maximum contaminant level goals (MCLGs), maximum
contaminant levels (MCLs), monitoring, reporting, and public
notification requirements for gross alpha particle activity, combined
radium-226 and 228, beta particle and photon activity and uranium. The
Radionuclides Rule became effective on December 8, 2003. EPA developed
a Final Regulatory Flexibility Analysis for the Radionuclides Rule and
took several steps to lessen the impacts on small entities (i.e., small
systems). These steps included: (1) The selection of a less stringent
MCL for uranium, (2) a reduction in the overall monitoring frequencies
for systems with radionuclides levels less than the MCL, (3) allowance
of grandfathered data and State monitoring discretion for determining
the initial monitoring baseline, and (4) the exclusion of non-
transient, non-community water systems from the radionuclides
regulations. EPA continues to view the NPDWRs for radionuclides as
important components to ensuring and protecting the health of consumers
served by public drinking water systems and intends to continue to
require compliance with these NPDWRs.
While EPA has taken steps to evaluate and mitigate impacts on small
entities as part of the promulgation of the Radonuclides Rule, this new
entry in the regulatory agenda announces that EPA will review the
NPDWRs for radionuclides pursuant to section 610 of the Regulatory
Flexibility Act (5 U.S.C. 610). As part of this review, EPA will
consider and solicit comments on the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal, State, or local government rules; and (5) the degree to which
the technology, economic conditions or other factors have changed in
the area affected by the rule. Comments must be received within 90 days
of this notice. In submitting comments, please reference Docket ID EPA-
HQ-OW-2010-0166 and follow the instructions provided in the preamble to
this issue of the Regulatory Agenda. This docket can be accessed at
www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 12/07/00 65 FR 76708
Begin Review 04/00/10
End Comment Period 07/00/10
End Review 12/00/10
Regulatory Flexibility Analysis Required: No
Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water,
4101M, Washington, DC 20460
Phone: 202 564-0264
Fax: 202 564-0194
Email: [email protected]
Stephanie Flaharty, Environmental Protection Agency, Water, 4601M,
Washington, DC 20460
Phone: 202 564-5072
Fax: 202 564-3753
Email: [email protected]
RIN: 2040-AF19
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
274. 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
NPRM Comment Period End 01/03/00
Final Action To Be Determined
Regulatory Flexibility Analysis Required: Yes
[[Page 21884]]
Agency Contact: Rebecca 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
Email: [email protected]
RIN: 2040-AA94
[FR Doc. 2010-8940 Filed 04-23-10; 8:45 am]
BILLING CODE 6560-50-S