[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Proposed Rules]
[Pages 21991-22000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10279]
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Part XII
Environmental Protection Agency
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Semiannual Regulatory Agenda
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL-8770-9]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2009-0082
Spring 2009 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 will
continue 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 EPA's regulatory flexibility
agenda and introduces both the regulatory flexibility agenda and
EPA's e-agenda.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda please contact: Phil Schwartz
(schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 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: 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 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 (The E-Agenda; the online Agenda); wwww.reginfo.gov/, www.regulations.gov, and http:// Not in FR
approx. 300 entries, which include the expanded Regulatory www.epa.gov/lawsregs/ search/regagenda.html
Flexibility Agenda (approx. 8 entries; 25 data fields/entry)
Semiannual Regulatory Flexibility Agenda (approx. 8 entries; 9 www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
data fields/entry) www.epa.gov/lawsregs/ search/regagenda.html issue
Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/main?main= Not in FR
DocketDetail&d=EPA-HQ-OA-2008-0265 and http://www.epa.gov/
lawsregs/ search/ail.html
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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 his agenda for the environment, President Obama
has articulated three values that he expects EPA to uphold. These
values will shape everything we do.
Science must be the backbone for EPA programs. The public
health and environmental laws that Congress has enacted depend on
rigorous adherence to the best available science. The President
believes that when EPA addresses scientific issues, it should rely
on the expert judgment of the Agency's career scientists and
independent advisors. When scientific judgments are suppressed,
misrepresented, or distorted by political agendas, Americans can
lose faith in their government to provide strong public health and
environmental protection.
EPA must follow the rule of law. The President recognizes
that respect for congressional mandates and judicial decisions is
the hallmark of a principled regulatory agency. Under our
environmental laws, EPA has room to exercise discretion, and
Congress has often looked to EPA to fill in the details of general
policies. However, EPA needs to exercise policy discretion in good
faith and in keeping with the directives of Congress and the
courts. When Congress has been explicit, EPA cannot misinterpret or
ignore the language Congress has used. When a court has determined
EPA's responsibilities under our governing statutes, EPA cannot
turn a blind eye to the court's decision or procrastinate in
complying.
EPA's actions must be transparent. Public trust in the Agency
demands that we reach out to all stakeholders fairly and
impartially, that we consider the views and data presented
carefully and objectively, and that we fully disclose the
information that forms the bases for our decisions. We will carry
out the work of the Agency in public view so that the door is open
to all interested parties and that there is no doubt why we are
acting and how we arrived at our decisions.
We must take special pains to connect with those who have been
historically underrepresented in EPA decisionmaking, including the
disenfranchised in our cities and rural areas, communities of
color, native Americans, people disproportionately impacted by
pollution, and small businesses, cities, and towns working to meet
their environmental responsibilities. Like all Americans, they
deserve an EPA with an open mind, a big heart, and a willingness to
listen. We must also be sensitive to the burdens pollution has
placed on vulnerable subpopulations, including children, the
elderly, the poor, and all others who are at particular risk to
threats to health and the environment. We must seek their full
partnership in the greater aim of identifying and eliminating the
sources of pollution in their neighborhoods, schools, and homes.
EPA's strength has always been our ability to adapt to the
constantly changing face of environmental protection as our economy
and society 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. These challenges are indeed immense in scale and
urgency. But, we will meet them. Administrator Jackson has put a
high priority on developing an environmental policy agenda that
significantly improve the environment, while helping to create jobs
and make the investment needed to emerge from the current
recession. EPA is making significant strides in this area already
as is reflected in this document. As EPA makes further decisions
regarding the path forward for existing and new regulatory
activities, we will continue to be transparent, letting the public
know about these decisions through various sources such as our Web
site and future editions of EPA's regulatory agenda and regulatory
plan.
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
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agenda, and we generally do not include minor amendments or the
following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions
from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide Act:
Registration-related decisions, actions affecting the status of
currently registered pesticides, and data call-ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under the Resource Conservation and Recovery Act:
Authorization of State solid waste management plans; hazardous waste
delisting petitions;
Under the Clean Water Act: State Water Quality Standards;
deletions from the section 307(a) list of toxic pollutants; suspensions
of toxic testing requirements under the National Pollutant Discharge
Elimination System (NPDES); delegations of NPDES authority to States;
Under the Safe Drinking Water Act: Actions on State
underground injection control programs.
The regulatory flexibility agenda normally includes:
Actions that are likely to have a significant economic impact
on a substantial number of small entities, and
Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act. We have one rule
scheduled for 610 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
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 2010.
5. Completed Actions-This section contains actions that have been
promulgated and published in the Federal Register since publication of
the fall 2008 agenda. It also includes actions that we are no longer
considering. If an action appears in the completed section, it will not
appear in future agendas unless we decide to initiate action again, in
which case it will appear as a new entry. EPA also announces the
results of our Regulatory Flexibility Act section 610 reviews in this
section of the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
Regulatory Flexibility Agenda entries include:
Sequence Number, RIN, Title, Description, Statutory Authority,
Section 610 Review, if applicable, Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The notation
``Section 610 Review'' follows the title if we are reviewing the
rule as part of our periodic review of existing rules under section
610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).
Priority: Entries are placed into one of five categories
described below. OMB reviews all significant rules including both
of the first two categories, ``economically significant'' and
``other significant.''
Economically Significant: Under E.O. 12866, a rulemaking action
that may have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients; or
3. Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles in Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or
Informational/ Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of
Federal Regulations (e.g., certain State Implementation Plans,
National Priority List updates, Significant New Use Rules, State
Hazardous Waste Management Program actions, and Tolerance
Exemptions). If an action that would normally be classified Routine
and Frequent is reviewed by the Office of Management and Budget
under E.O. 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O.
12866.
Also, if we believe that a rule may be ``Major'' as defined in
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is
likely to result in an annual
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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.
Agency Contact: The name, address, phone number, and e-mail
address, if available, of a person who is knowledgeable about the
regulation.
SAN Number: An identification number that EPA uses to track
rulemakings and other actions under development.
URLs: For some of our actions we include the Internet addresses
for: Reading copies of rulemaking documents; submitting comments on
proposals; and getting more information about the rulemaking and
the program of which it is a part. (Note: To submit comments on
proposals, you can go to our electronic docket, which is at:
www.regulations.gov. Once there, follow the online instructions to
access the docket and submit comments. A Docket identification (ID)
number will assist in the search for materials. We include this
number in the additional information section of many of the agenda
entries that have already been proposed.)
RIN: The Regulation Identifier Number is used by OMB to
identify and track rulemakings. The first four digits of the RIN
stand for the EPA office with lead responsibility for developing
the action.
G. 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.
3. Listservers
If you want to get automatic e-mails about areas of particular
interest, including notifications, when an action is published in
the Federal Register, we maintain 12 listservers including:
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a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-To-Know and toxic release inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page numbers, and
l. General information.
For more information and to subscribe via our FR Web site,
visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail
without full Internet access, please send an e-mail to
envsubset@epa.gov to request instructions for subscribing to the
EPA Federal Register listservers.
4. 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 has one rule scheduled for 610 review in 2009.
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Rule Being Reviewed RIN Docket ID
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Revisions to the Underground Injection Control (UIC) Requirements 2040-AF04 EPA-HQ-OW-2009-0082
for Class V Wells (Section 610 Review)
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EPA has established an official public docket for this 610
review under a docket identification (ID) number as indicated
above. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available; e.g., CBI or other
information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744.
Unless otherwise indicated, please direct your comments to the
identified Docket ID number for the specific 610 Review item. For
these 610 Reviews, please DO NOT submit CBI or information that is
otherwise protected by statute. You may submit comments using one
of the following methods:
1. Electronically. Go directly to www.regulations.gov and find
``Advanced Docket Search.'' Enter the appropriate Docket ID number. The
system is an ``anonymous access'' system, which means EPA will not know
your identity, e-mail address, or other contact information unless you
provide it in the body of your comment. If you do submit an electronic
comment, EPA recommends that you include your name, mailing address,
and an e-mail address or other contact information in the body of your
comment. EPA's policy is that EPA will not edit your comment, and any
identifying or contact information provided in the body of a comment
will be included as part of the comment that is placed in the official
public docket and made available in EPA's electronic public docket.
2. By Mail. Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Docket EPA-HQ-OW-2009-0082,
1200 Pennsylvania Avenue NW., Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver your comments, identified by
the Docket EPA-HQ-OW-2009-0082, to: EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202) 566-1744. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified above. For more information on EPA's docket
center, please visit http://www.epa.gov/epahome/dockets.htm.
Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to
consider these late comments. For this action, please DO NOT submit
CBI or information that is otherwise protected by statute.
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
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Business Regulatory Enforcement Fairness Act), the Agency must
prepare a formal analysis of the potential negative impacts on
small entities, convene a Small Business Advocacy Review Panel
(proposed rule stage), and prepare a Small Entity Compliance Guide
(final rule stage) unless the Agency certifies a rule will not have
a significant economic impact on a substantial number of small
entities. For more detailed information about the Agency's policy
and practice with respect to implementing RFA/SBREFA, please visit
the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.
For a list of the rules under development for which a
Regulatory Flexibility Analysis will be required and for a list of
rules under development that may affect small entities, but not
significantly affect a substantial number of them, go to: http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda
and select the appropriate index in the second box in the right
hand column.
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: March 30, 2009.
Louise Wise,
Acting Associate Administrator, Office of Policy, Economics, and
Innovation.
CLEAN AIR ACT (CAA)--Proposed Rule Stage
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Regulation
Sequence Title Identifier
Number Number
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265 SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional Boilers 2060-AM44
and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
Institutional Boilers at Area Sources.................................................
266 SAN No. 5250 Renewable Fuels Standard Program......................................... 2060-AO81
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CLEAN AIR ACT (CAA)--Completed Actions
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Regulation
Sequence Title Identifier
Number Number
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267 SAN No. 5326 Findings of Significant Contribution and Rulemaking on Section 126 2060-AP42
Petitions for Purposes of Reducing Interstate Ozone Transport (Completion of a Section
610 Review)...........................................................................
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FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
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Regulation
Sequence Title Identifier
Number Number
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268 SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20
269 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22
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SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
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Regulation
Sequence Title Identifier
Number Number
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270 SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for 2040-AF04
Class V Wells (Section 610 Review)....................................................
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SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
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Regulation
Sequence Title Identifier
Number Number
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271 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
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[[Page 21998]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act (CAA)
_______________________________________________________________________
265. 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
Legal Authority: CAA 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).
Section 112(k) requires development of standards for area sources which
account for 90% 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
maximum achievable control technology (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.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/09
Final Action 07/00/10
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: eddinger.jim@epamail.epa.gov
Robert J. Wayland, Environmental Protection Agency, Air and Radiation,
D243-01, RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
_______________________________________________________________________
266. RENEWABLE FUELS STANDARD PROGRAM
Legal Authority: CAA 211(o)
Abstract: This action will implement certain provisions in Title II of
the 2007 Energy Independence and Security Act that amend section 211(o)
of the Clean Air Act. The new law sets a modified standard for
renewable fuels increasing the national requirement to 9.0 billion
gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter
total, 21 billion gallons is required to be obtained from cellulosic
biofuels and other advanced biofuels. Starting in 2016, all of the
increase in the RFS target must be met with advanced biofuels, defined
as cellulosic ethanol and other biofuels derived from feedstock other
than corn starch--with explicit standards for cellulosic biofuels and
biomass-based diesel.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/09
Final Action 11/00/09
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: argyropoulos.paul@epa.gov
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: korotney.david@epamail.epa.gov
RIN: 2060-AO81
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Clean Air Act (CAA)
_______________________________________________________________________
267. <> FINDINGS OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING ON SECTION 126 PETITIONS FOR PURPOSES OF REDUCING INTERSTATE
OZONE TRANSPORT (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On May 25, 1999 (64 FR 28250), EPA issued a final rule
entitled ``Findings of Significant Contribution and Rulemaking on
section 126 Petitions for Purposes of Reducing Interstate Ozone
Transport,'' usually referred to as the ``Section-126 rule.'' This rule
was a response to petitions from several states asking EPA to take
Federal action to address the problem of air pollution coming from
upwind states. Since this rule did not include a no-significant-impact
certification under the Regulatory Flexibility Act, it normally would
be a candidate for the RFA-required review 10 years after promulgation.
However, this rule had no actual impact on any entities, since it
specified that its prescribed upwind-pollution remedies could be
fulfilled by State actions under a previous EPA rule entitled ``Finding
of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing
Regional Transport of Ozone,'' usually referred to as the ``NOx SIP
Call,`` which was promulgated on October 27, 1998 (63 FR 57355).
Subsequently, the States did in fact comply with the NOx SIP Call rule,
thereby nullifying any effect of the Section-126 rule. Therefore the
Section-126 rule has had, and will have, no impacts on any entities,
including small entities, thereby obviating the need for a 10-year
review under the RFA. In light of this fact, EPA is, through this
notice, documenting the Section-126 rule's lack of impact, and
announcing that the 10-year review has been completed.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 05/25/99 64 FR 28250
610 Review Determination 03/26/09
Regulatory Flexibility Analysis Required: No
Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
[[Page 21999]]
Email: eagles.tom@epa.gov
RIN: 2060-AP42
_______________________________________________________________________
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 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 02/00/11
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-AJ20
_______________________________________________________________________
269. 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 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 02/00/11
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) Prerule Stage
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
270. <> REVISIONS TO THE UNDERGROUND INJECTION CONTROL
(UIC) REQUIREMENTS FOR CLASS V WELLS (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
[[Page 22000]]
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 new entry in the regulatory agenda announces that while EPA has
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 will review the Class V Rule. As part of the
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. Based on the
evaluation of the Class V Rule during promulgation, 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.
Comments must be received by August 11, 2009. In submitting comments,
please reference Docket ID EPA-HQ-OW-2009-0082 and follow the
instructions in section I of the preamble to this issue of the
Regulatory Agenda. The docket can be assessed at www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 12/07/99 64 FR 68546
Begin Review 05/00/09
End Comment Period 08/00/09
End Review 12/00/09
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
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
271. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON
Legal Authority: 42 USC 300f et seq
Abstract: In 1999, EPA proposed regulations for radon which provide
flexibility in how to manage the health risks from radon in drinking
water. The proposal was based on the unique framework in the 1996 SDWA.
The proposed regulation would provide for either a maximum contaminant
level (MCL), or an alternative maximum contaminant level (AMCL) with a
multimedia mitigation (MMM) program to address radon in indoor air.
Under the proposal, public water systems in States that adopted
qualifying MMM programs would be subject to the AMCL, while those in
States that did not adopt such programs would be subject to the MCL.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/30/86 51 FR 34836
NPRM original 07/18/91 56 FR 33050
Notice99 02/26/99 64 FR 9560
NPRM 11/02/99 64 FR 59246
Final Action 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
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AA94
[FR Doc. E9-10279 Filed 05-08-09; 8:45 am]
BILLING CODE 6560-50-S
