[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64495-64503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28594]
[[Page 64495]]
-----------------------------------------------------------------------
Part XIII
Environmental Protection Agency
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
[[Page 64496]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL-8950-1]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2009-0082
Fall 2009 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda and semiannual regulatory
flexibility 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 on rulemakings that, until May 2007, was published
in the Federal Register, but which now is only available through an
online database.
The Regulatory Plan provides more detailed information than the
regulatory agenda on the most important significant rulemakings
that we will be developing over the coming years.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for
development.
``Unified 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 introduces both EPA's e-agenda and regulatory
flexibility agenda.
``Regulatory Flexibility Agenda'' refers to a document that
contains a limited amount of information (less than is in the e-
agenda) about regulations that may have a significant impact on a
substantial number of small entities. The Regulatory Flexibility
Act of 1980 requires that we publish the Regulatory Flexibility
Agenda in the Federal Register.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855) or Phil Schwartz
(schwartz.philip@epa.gov; 202-564-6564).
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: nscep@bps-lmit.com 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.
If you would like to receive a hard copy of the semiannual
agenda about 2 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 Values 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 Reginfo.gov, EPA.gov, and Regulations.gov?
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Type of Information Online Locations Location
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semiannual Regulatory Agenda (The e-Agenda; the online Agenda) www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
www.epa.gov/lawsregs/ search/regagenda.html
The Regulatory Plan www.reginfo.gov/, www.regulations.gov, and http:// Part II of today's issue
www.epa.gov/lawsregs/ search/regagenda.html
Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/main? Not in FR
main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http://
www.epa.gov/lawsregs/ search/ail.html
[[Page 64497]]
Semiannual Regulatory Flexibility Agenda www.regulations.gov, and http://www.epa.gov/lawsregs/ Part XII of today's
search/regagenda.html issue
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. What Are EPA's Regulatory Goals and Values, and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
For a detailed discussion of the goals and values we aspire to
in rulemaking please see our Statement of Regulatory Priorities at
http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/200910/
Statement_2000.html and published in part II of today's issue of
the Federal Register.
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 section307(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 one rule
concluding review in 2009.
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
[[Page 64498]]
reviews of existing regulations required under section 610 of the
Regulatory Flexibility Act, requests for public comment on the need for
regulatory action, or important preregulatory policy proposals.
2. Proposed Rule-This section includes EPA rulemaking actions that are
within a year of proposal (publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule-This section includes rules that will be issued as a
final rule within a year.
4. Long-Term Actions-This section includes rulemakings for which the
next scheduled regulatory action is after October 2010.
5. Completed Actions-This section contains actions that have been
promulgated and published in the Federal Register since publication of
the spring 2009 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 E-Agenda and Regulatory Flexibility
Agenda?
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The notation
``Section 610 Review'' follows the title if we are reviewing the
rule as part of our periodic review of existing rules under section
610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).
Priority: Entries are placed into one of five categories
described below. OMB reviews all significant rules including both
of the first two categories, ``economically significant'' and
``other significant.''
Economically Significant: Under E.O. 12866, a rulemaking action
that may have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients; or
3. Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles in Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of
Federal Regulations (e.g., certain State Implementation Plans,
National Priority List updates, Significant New Use Rules, State
Hazardous Waste Management Program actions, and Tolerance
Exemptions). If an action that would normally be classified Routine
and Frequent is reviewed by the Office of Management and Budget
under E.O. 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O.
12866.
Also, if we believe that a rule may be ``Major'' as defined in
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is
likely to result in an annual effect on the economy of $100 million
or more or meets other criteria specified in this law, we indicate
this under the ``Priority'' heading with the statement `` Major
under 5 U.S.C. 801.''
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.
[[Page 64499]]
Agency Contact: The name, address, phone number, and e-mail
address 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.
Regulatory Flexibility Agenda entries contain a Federal
Register sequence number and a subset of the information in the e-
Agenda:
RIN, Title, Description, Statutory Authority, Section 610
Review, if applicable, Regulatory Flexibility Analysis Required,
Schedule, Contact Person's name, mailing address and phone number.
G. How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly updates of the rulemakings that the Agency's
senior managers have decided that we should work on. 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 Reginfo.gov Searchable Database
GSA's Regulatory Information Service Center, which coordinates
publication of the Agenda for the Office of Management and Budget,
has developed and continues to improve a regulatory agenda database
that includes powerful search, display, and data transmission
options. You can:
See the preamble. On the Main Agenda Page, select Current
Agenda Agency Preambles.
Get a complete list of EPA's entries. On the Main Agenda Page,
under Agency, select Environmental Protection Agency.
View the contents of all of EPA's entries. On the Agenda
Search Page, select ``Advanced Search''; select Continue; Select
Environmental Protection Agency and then Continue; Select ``Search.''
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 headed ``Advanced Search-
Select Additional Fields'' select the characteristics you are seeking
before clicking on ``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
check Business under Regulatory Flexibility Analysis required.
Download the results of your searches in XML format.
2. Subject Matter EPA Web sites
Some of the actions listed in the agenda include a URL that
provides additional information on the rulemaking.
3. 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
Register documents seeking public comments on draft guidance,
policy statements, information collection requests under the
Paperwork Reduction Act, and other non-rule activities. If there is
a docket on a particular action, information about the location
will be in that action's agenda entry. URL's for many of EPA's
dockets are included in the agenda entry. To enter the docket, copy
the URL into a browser window. To locate a docket you can also use
the docket search features at regulations.gov.
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 completed one Section 610 review in 2009.
EPA concluded that there is a continued need for this rule.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule Being Reviewed RIN Docket ID
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revisions to the Underground Injection Control (UIC) Requirements 2040-AF04 EPA-HQ-OW-2009-0082
for Class V Wells (Section 610 Review)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64500]]
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 underdevelopment 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, please use the advanced search
function at http://www.reginfo.gov/public/do/eAgendaAdvancedSearch.
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: September 9, 2009.
Louise Wise,
Deputy Associate Administrator, Office of Policy, Economics and
Innovation.
CLEAN AIR ACT--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
430 SAN No. 4884. Combined Rulemaking for Industrial, Commercial, and Institutional 2060-AM44
Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
Institutional Boilers at Area Sources (Reg Plan Seq No. 135)..........................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
431 SAN No. 5250. Renewable Fuels Standard Program (Reg Plan Seq No. 148)................. 2060-AO81
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
432 SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20
433 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
434 SAN No. 5379 Lead; Amendment to the Opt-out and Recordkeeping Provisions in the 2070-AJ55
Renovation, Repair, and Painting Program (Reg Plan Seq No. 152).......................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
[[Page 64501]]
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
435 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
436 SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for 2040-AF04
Class V Wells (Completion of a Section 610 Review)....................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act
_______________________________________________________________________
430. COMBINED RULEMAKING FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS AT MAJOR SOURCES OF HAP AND INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL BOILERS AT AREA SOURCES
Regulatory Plan: This entry is Seq. No. 135 in part II of this issue
of the Federal Register.
RIN: 2060-AM44
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Clean Air Act
_______________________________________________________________________
431. RENEWABLE FUELS STANDARD PROGRAM
Regulatory Plan: This entry is Seq. No. 148 in part II of this issue
of the Federal Register.
RIN: 2060-AO81
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
_______________________________________________________________________
432. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS
Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w
Abstract: The EPA is proposing change to federal regulations guiding
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 01/00/11
Regulatory Flexibility Analysis Required: Yes
[[Page 64502]]
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: davis.kathy@epa.gov
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: pont.richard@epa.gov
RIN: 2070-AJ20
_______________________________________________________________________
433. PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS
Legal Authority: 7 USC 136; 7 USC 136w
Abstract: The EPA is developing a proposal to revise the Federal
regulations guiding agricultural worker protection (40 CFR part 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 01/00/11
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: davis.kathy@epa.gov
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: pont.richard@epa.gov
RIN: 2070-AJ22
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
434. <> LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING
PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM
Regulatory Plan: This entry is Seq. No. 152 in part II of this issue
of the Federal Register.
RIN: 2070-AJ55
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
435. 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
Agency Contact: Rebeccak Allen, Environmental Protection Agency, Water,
4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Email: burneson.eric@epa.gov
RIN: 2040-AA94
[[Page 64503]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
436. REVISIONS TO THE UNDERGROUND INJECTION CONTROL (UIC) REQUIREMENTS
FOR CLASS V WELLS (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: Class V wells are regulated under the authority of part C of
the Safe Drinking Water Act (SDWA). The SDWA is designed to protect the
quality of drinking water in the United States, and part C specifically
mandates the regulation of underground injection of fluids through
wells. The Agency has promulgated a series of underground injection
control (UIC) regulations under this authority. Most Class V wells are
authorized by rule as long as (1) they do not endanger underground
sources of drinking water (USDWs), and (2) the well owners or operators
submit basic inventory and assessment information. If a Class V well
may endanger USDWs, UIC Program Directors can require the owner/
operator to apply for a permit, order preventive actions (including
closure of the well) to prevent the violation, require remediation to
assure USDWs are protected, or take enforcement action.
On December 7, 1999, EPA finalized additional requirements for motor
vehicle waste disposal wells and large capacity cesspools, to embrace
priorities and help achieve goals defined under the 1996 Amendments to
the SDWA, and to fulfill the first phase of the Agency's requirements
under the 1997 consent decree with the Sierra Club. The 1999 Rule
established requirements for two categories of Class V injection wells
determined by EPA to be a source of endangerment to drinking water.
Specifically, the rule covers: (1) Existing motor vehicle waste
disposal wells located in ground water protection areas or other
sensitive ground water areas; and, (2) new and existing large-capacity
cesspools and new motor vehicle waste disposal wells nationwide. The
conclusion that these Class V wells pose an endangerment to USDWs is
based on substantial information and the combined professional judgment
of EPA and State geologists and engineers that are responsible for
implementing the Class V UIC program.
This entry in the regulatory agenda announced that while EPA had taken
steps in the 1999 Rulemaking process to evaluate and mitigate impacts
on small entities, pursuant to section 610 of the Regulatory
Flexibility Act, EPA would review the Class V Rule. As part of the
review, EPA considered and solicited comments on the following factors:
(1) The continued need for the rule; (2) the nature of complaints or
comments received concerning the rule; (3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates, or conflicts
with other Federal, State, or local government rules; and (5) the
degree to which the technology, economic conditions or other factors
have changed in the area affected by the rule. Based on the evaluation
of the Class V Rule during promulgation and comment received, EPA
believes there is a continued need for the Class V Rule. EPA assumes
that the regulatory impact of two endangering well types on small
business is not significant because the Agency believes most of these
well types have been either closed or permitted.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 12/07/99 64 FR 68546
Begin Review 05/11/09 74 FR 21991
End Comment Period 08/11/09
End Review 09/02/09
Regulatory Flexibility Analysis Required: No
Agency Contact: Stephanie Flaharty, Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564-5072
Email: flaharty.stephanie@epamail.epa.gov
Sandy Evalenko, Environmental Protection Agency, Water, 4101M,
Washington, DC 20460
Phone: 202 564-0264
Email: evalenko.sandy@epamail.epa.gov
RIN: 2040-AF04
[FR Doc. E9-28594 Filed 12-04-09; 8:45 am]
BILLING CODE 6560-50-S
