[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Environmental Protection Agency Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]
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Part XII
Environmental Protection Agency
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Semiannual Regulatory Agenda
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL 8540-3]
Spring 2008 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
_______________________________________________________________________
SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the E-Agenda) at www.reginfo.gov
(and also at www.regulations.gov) to update the public about:
Regulations and major policies currently under development,
Reviews of existing regulations and major policies, and
Rules and major policymakings completed or canceled since the
last agenda.
Definitions:
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection
of information that used to be published in the Federal Register,
but which now are only available through an online database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. This will
continue to be published in the Federal Registerbecause of a
requirement of the Regulatory Flexibility Act.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center.
``Regulatory Agenda preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility
Agenda and introduces both the Regulatory Flexibility Agenda and
the E-Agenda.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda please contact: Phil Schwartz
([email protected]; 202-564-6564) or Caryn Muellerleile
([email protected]; 202-564-2855); if you have general
questions about the Regulatory Flexibility Agenda, contact Joan Rogers
([email protected]; 202-564-6568). If you have questions about EPA's
Action Development Process, you may contact Caryn, Joan, or Phil.
TO BE PLACED ON THE AGENDA MAILING LIST: If you would like to receive
an e-mail with a link to new semiannual regulatory agendas as soon as
they are published, please send an e-mail message with your name and
address to: [email protected] and put ``E-Regulatory Agenda:
Electronic Copy'' in the subject line.
If you would like to receive a hard copy of the semiannual
agenda about 2 to 3 months after publication, until October 1, call
800-490-9198 or send an e-mail with your name and complete address
to: [email protected] and put ``Regulatory Agenda Hard Copy'' in
the subject line. After September 30, call 202-564-6564, or e-mail
your request to [email protected]. There is no charge for a
single copy of the agenda.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda Information
B. What Are EPA's Regulatory Goals and What Key Principles, Statutes,
and Executive Orders Inform
Our Rule and Policymaking Process?
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
D. What Actions Are Included in the Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
G. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
H. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
I. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
J. Thank You for Collaborating With Us
A. Map of Regulatory Agenda Information
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Federal Register
Part of Agenda Online locations Location
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Semiannual Regulatory Agenda (The E-Agenda; the online Agenda); www.reginfo.gov/, www.regulations.gov, and http:// Not in FR
330 entries, which include the expanded Regulatory Flexibility www.epa.gov/lawsregs/search/regagenda.html
Agenda ( 8 entries; 25 data fields/entry)
Semiannual Regulatory Flexibility Agenda ( 8 entries; 9 data www.reginfo.gov/, www.regulations.gov, and http:// Part XII of today's
fields/entry) www.epa.gov/lawsregs/search/regagenda.html issue
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B. What Are EPA's Regulatory Goals, and What Key Principles, Statutes,
and Executive Orders Inform Our Rule and Policymaking Process?
Our primary objective is to protect human health and the
environment. One way we achieve this objective is through the
development of regulations. In the United States, Congress passes
laws and authorizes certain Government agencies, including EPA, to
create and enforce regulations. EPA regulations cover a range of
environmental and public health protection issues from setting
standards for clean water, to establishing requirements for proper
handling of toxic wastes, to controlling air pollution from
industry and other sources.
To ensure that our regulatory decisions are scientifically
sound, cost effective, fair, and effective in achieving
environmental goals, we conduct high quality scientific, economic,
and policy analyses. These analyses are planned and initiated at
early stages in the regulatory development process, so that Agency
decisionmakers are well informed of the qualitative and
quantitative benefits and costs as they select among alternative
approaches. It is also important that we continue to apply new and
improved methods to
[[Page 24757]]
protect the environment, such as: Building flexibility into
regulations from the very beginning, creating strong partnerships
with the regulated community, vigorously engaging in public
outreach and involvement, and using effective nonregulatory
approaches. We seek collaborative solutions to shared challenges.
Research, testing, and adoption of new environmental
protection methods are also a central tenet in environmental
problem solving. The integration of all of these elements via a
well-managed regulatory development process and a strong commitment
to innovative solutions will ensure that we all benefit from
significant environmental improvements that are fair, efficient,
and protective. Our overall success is measured by our
effectiveness in protecting human health and the environment. For a
more expansive discussion of our regulatory philosophy and
priorities, please see the Statement of Priorities in the FY 2008
regulatory plan (http://www.epa.gov/lawsregs/search/
regagenda.html).
Besides the fundamental environmental laws authorizing EPA
actions such as the Clean Air Act and Clean Water Act, there are
legal requirements that apply to the issuance of regulations that
are generally contained in the Administrative Procedure Act, the
Regulatory Flexibility Act as amended by the Small Business
Regulatory Enforcement Fairness Act, the Unfunded Mandates Reform
Act, the Paperwork Reduction Act, the National Technology Transfer
and Advancement Act, and the Congressional Review Act. We also must
meet a number of requirements contained in Executive Orders: 12866
(Regulatory Planning and Review; 58 FR 51735; October 4, 1993),
12898 (Environmental Justice; 59 FR 7629; February 16, 1994), 13045
(Children's Health Protection; 62 FR 19885; April 23, 1997), 13132
(Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation and
Coordination with Indian Tribal Governments; 65 FR 67249; November
9, 2000), 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22,
2001).
C. How Can You Be Involved in EPA's Rule and Policymaking Process?
You can make your voice heard by getting in touch with the
contact person provided in each agenda entry. We urge you to
participate as early in the process as possible. You may also
participate by commenting on proposed rules that we publish in the
Federal Register (FR).
Information on submitting comments to the rulemaking docket is
provided in each of our Notices of Proposed Rulemaking (NPRMs), and
we always accept comments through the regulations.gov e-docket. To
be most effective, comments should contain information and data
that support your position, and you also should explain why we
should incorporate your suggestion in the rule or nonregulatory
action. You can be particularly helpful and persuasive if you
provide examples to illustrate your concerns and offer specific
alternatives.
We believe our actions will be more cost-effective and
protective if our development process includes stakeholders working
with us to identify the most practical and effective solutions to
problems, and we stress this point most strongly in all of our
training programs for rule and policy developers. Democracy gives
real power to individual citizens, but with that power comes
responsibility. We urge you to become involved in EPA's rule and
policymaking process. For more information about public involvement
in EPA activities, please visit www.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations and certain major policy documents in
the E-Agenda. However, there is no legal significance to the
omission of an item from the agenda, and we generally do not
include minor amendments or the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions
from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide
Act: Registration-related decisions, actions affecting the status of
currently registered pesticides, and data call-ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under the Resource Conservation and Recovery Act:
Authorization of State solid waste management plans; hazardous waste
delisting petitions;
Under the Clean Water Act: State Water Quality Standards;
deletions from the section 307(a) list of toxic pollutants; suspensions
of toxic testing requirements under the National Pollutant Discharge
Elimination System (NPDES); delegations of NPDES authority to States;
Under the Safe Drinking Water Act: Actions on State
underground injection control programs.
The Regulatory Flexibility Agenda normally includes:
Actions that are likely to have a significant economic impact
on a substantial number of small entities, and
Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act. We have three
rules scheduled for 610 review in 2008.
E. How Is the E-Agenda Organized?
You can now choose how both the www.reginfo.gov and
www.regulations.gov versions of the E-Agenda are organized. Current
choices include: EPA subagency; stage of rulemaking, explained
below; alphabetically by title; and by the Regulation Identifier
Number (RIN), which is assigned sequentially when an action is
added to the agenda.
Stages of rulemaking include:
1. Prerulemaking--Prerulemaking actions are generally intended to
determine whether EPA should initiate rulemaking. Prerulemakings may
include anything that influences or leads to rulemaking, such as
advance notices of proposed rulemaking (ANPRMs), significant studies or
analyses of the possible need for regulatory action, announcement of
reviews of existing regulations required under section 610 of the
Regulatory Flexibility Act,
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requests for public comment on the need for regulatory action, or
important preregulatory policy proposals.
2. Proposed Rule--This section includes EPA rulemaking actions that are
within a year of proposal (publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rule--This section includes rules that will be issued as a
final rule within a year.
4. Long-Term Actions--This section includes rulemakings for which the
next scheduled regulatory action is after April 2009.
5. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the fall 2007 agenda. It also includes actions that we are no longer
considering. If an action appears in the completed section, it will not
appear in future agendas unless we decide to initiate action again, in
which case it will appear as a new entry. EPA also announces the
results of our Regulatory Flexibility Act section 610 reviews in this
section of the agenda.
F. What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
Regulatory Flexibility Agenda entries include:
Sequence Number, RIN, Title, Description, Statutory Authority,
Section 610 Review, if applicable, Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet (). The notation
``Section 610 Review'' follows the title if we are reviewing the
rule as part of our periodic review of existing rules under section
610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).
Priority: Entries are placed into one of five categories
described below. OMB reviews all significant rules including both
of the first two categories, ``economically significant'' and
``other significant.''
Economically Significant: Under E.O. 12866, a rulemaking action
that may have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients; or
3. Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles in Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of
Federal Regulations (e.g., certain State Implementation Plans,
National Priority List updates, Significant New Use Rules, State
Hazardous Waste Management Program actions, and Tolerance
Exemptions). If an action that would normally be classified Routine
and Frequent is reviewed by the Office of Management and Budget
under E.O. 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of E.O.
12866.
Also, if we believe that a rule may be ``Major'' as defined in
the Congressional Review Act (5 U.S.C. 801, et seq.) because it is
likely to result in an annual effect on the economy of $100 million
or more or meets other criteria specified in this law, we indicate
this under the ``Priority'' heading with the statement ``Major
under 5 USC 801.''
Legal Authority: The sections of the United States Code (USC),
Public Law (PL), Executive Order (EO), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations
that would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to
a statutory or judicial deadline, the date of that deadline, and
whether the deadline pertains to a Notice of Proposed Rulemaking, a
Final Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates (and citations) that documents for this
action were published in the Federal Registerand, where possible, a
projected date for the next step. Projected publication dates
frequently change during the course of developing an action. The
projections in the agenda are our best estimates as of the date we
submit the agenda for publication. For some entries, the timetable
indicates that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA
has prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA.
Generally, such an analysis is required for proposed or final rules
subject to the RFA that EPA believes may have a significant
economic impact on a substantial number of small entities.
Small Entities Affected: Indicates whether we expect the rule
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether we expect the
rule to have any effect on levels of government and, if so, whether
the governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is
expected to have substantial direct effects on the States, on the
relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the Unfunded Mandates Reform
Act generally requires an assessment of anticipated costs and
benefits if a rule includes a mandate that may result in
expenditures of more than $100 million in any one year by State,
local, and tribal governments, in the aggregate, or
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by the private sector. If we expect to exceed this $100 million
threshold, we note it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under E.O. 13211.
Agency Contact: The name, address, phone number, and e-mail
address, if available, of a person who is knowledgeable about the
regulation.
SAN Number: An identification number that EPA uses to track
rulemakings and other actions under development.
URLs: For some of our actions we include the Internet addresses
for: Reading copies of rulemaking documents; submitting comments on
proposals; and getting more information about the rulemaking and
the program of which it is a part. (Note: To submit comments on
proposals, you can go to our electronic docket, which is at:
www.regulations.gov. Once there, follow the online instructions to
access the docket and submit comments. A Docket identification (ID)
number will assist in the search for materials. We include this
number in the additional information section of many of the agenda
entries that have already been proposed.)
RIN: The Regulation Identifier Number is used by OMB to
identify and track rulemakings. The first four digits of the RIN
stand for the EPA office with lead responsibility for developing
the action.
G. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
1. Public Dockets
When EPA publishes either an Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency
may establish a docket to accumulate materials throughout the
development process for that rulemaking. The docket serves as the
repository for the collection of documents or information related
to a particular Agency action or activity. EPA most commonly uses
dockets for rulemaking actions, but dockets may also be used for
Regulatory Flexibility Act section 610 reviews of rules with
significant economic impacts on a substantial number of small
entities and for various nonrulemaking activities, such as Federal
Registerdocuments seeking public comments on draft guidance, policy
statements, information collection requests under the Paperwork
Reduction Act, and other non-rule activities. If there is a docket
on a particular action, information about the location will be in
that action's agenda entry. All of EPA's electronic dockets are
housed at www.regulations.gov.
2. Subject Matter EPA Web sites
Some of the actions listed in the agenda include a URL that
provides additional information.
3. Regulatory Agenda Web sites
If you have access to the Internet, you can use the E-Agenda
databases and their accompanying search engines at www.reginfo.gov/
public/do/AgendaMain and www.regulations.gov. You may also download
a PDF copy of EPA's regulatory agenda book at: http://www.epa.gov/
lawsregs/search/regagenda.html.
4. Agenda Indexes
The first five indexes (610 Reviews, Regulatory Flexibility
Analysis Required, Small Entity Impact but Regulatory Flexibility
Analysis not Required, Affect on Government Levels, and Federalism
Implications) that used to be published along with the Agenda will
no longer appear in the Federal Register. You can find these
indexes at http://www.regulations.gov/fdmspublic/component/
main?main=UnifiedAgenda in the second box in the right hand column.
You can also create them by using the E-Agenda search function at
http://www.reginfo.gov/public/do/eAgendaSearch. EPA's Web site at
http://www.epa.gov/lawsregs/search/regagenda.html also contains
indexes for specific categories of regulatory actions, such as
actions that require a Regulatory Flexibility Analysis or actions
that may affect State, local, or tribal governments.
There is a Subject Matter Index, based on the Federal Register
Thesaurus of Indexing Terms, in the online E-Agenda at http://
www.reginfo.gov/public/do/eAgendaMain.
5. Listservers
If you want to get automatic e-mails about areas of particular
interest, we maintain 12 listservers including:
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-to-know and toxic release inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page numbers, and
l. General information.
For more information and to subscribe via our FR Web site,
visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail
without full Internet access, please send an e-mail to
[email protected] to request instructions for subscribing to the
EPA Federal Register listservers.
H. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within
10 years of promulgation, each rule that has or will have a
significant economic impact on a substantial number of small
entities. EPA has three rules scheduled for 610 review in 2008.
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Rule Being Reviewed RIN Docket ID
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VOC Regulation for Architectural Coatings (Section 610 Review) 2060-AP09 EPA-HQ-OAR-2008-0205
Control of Emissions of Air Pollution From Nonroad Diesel Engines 2060-AO82 EPA-HQ-OAR-2008-0206
(Section 610 Review)
National Primary Drinking Water Regulations: Stage I Disinfectant/ 2040-AE97 EPA-HQ-OW-2008-0226
Disinfection By-Products Rule (Section 610 Review)
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[[Page 24760]]
EPA has established an official public docket for each of
these 610 Reviews under a docket identification (ID) number as
indicated above. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available; e.g., CBI or other
information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Air or Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744. Unless otherwise indicated, please direct your comments
to the identified Docket ID number for the specific 610 Review
item. For these 610 Reviews, please DO NOT submit CBI or
information that is otherwise protected by statute. You may submit
comments using one of the following methods:
1. Electronically. Go directly to www.regulations.gov and find
``Advanced Docket Search.'' Enter the appropriate Docket ID number. The
system is an ``anonymous access'' system, which means EPA will not know
your identity, e-mail address, or other contact information unless you
provide it in the body of your comment. If you do submit an electronic
comment, EPA recommends that you include your name, mailing address,
and an e-mail address or other contact information in the body of your
comment. EPA's policy is that EPA will not edit your comment, and any
identifying or contact information provided in the body of a comment
will be included as part of the comment that is placed in the official
public docket and made available in EPA's electronic public docket.
2. By Mail. Send your comments, identified by the appropriate Docket ID
number, to: EPA Docket Center (EPA/DC), Environmental Protection
Agency, Docket --------------------, 1200 Pennsylvania Avenue
NW., Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver your comments, identified by
the appropriate Docket ID number, to: EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is (202) 566-1744. Such deliveries are only
accepted during the Docket's normal hours of operation as identified
above. For more information on EPA's docket center, please visit http:/
/www.epa.gov/epahome/dockets.htm.
Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to
consider these late comments. For this action, please DO NOT submit
CBI or information that is otherwise protected by statute.
I. What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
For each of our rulemakings, we consider whether there will be
any adverse impact on any small entity. We attempt to fit the
regulatory requirements, to the extent feasible, to the scale of
the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under RFA/SBREFA (the Regulatory Flexibility Act as amended by
the Small Business Regulatory Enforcement Fairness Act), the Agency
must prepare a formal analysis of the potential negative impacts on
small entities, convene a Small Business Advocacy Review Panel
(proposed rule stage), and prepare a Small Entity Compliance Guide
(final rule stage) unless the Agency certifies a rule will not have
a significant economic impact on a substantial number of small
entities. For more detailed information about the Agency's policy
and practice with respect to implementing RFA/SBREFA, please visit
the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.
For a list of the rules under development for which a
Regulatory Flexibility Analysis will be required and for a list of
rules under development that may affect small entities, but not
significantly affect a substantial number of them, go to: http://
www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda
and select the appropriate index in the second box in the right
hand column.
J. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to
join with us in solving the complex issues involved in protecting
human health and the environment. Collaborative efforts such as
EPA's open rulemaking process are a proven tool for solving the
environmental problems we face and the regulatory agenda is an
important part of that process. In an effort to further enhance our
rulemaking process, EPA is now providing online information as soon
as the agency begins the development of a new rule. You may access
monthly Action Initiation Lists (AILs) at: http://www.epa.gov/
lawsregs/search/ail.html. They describe those actions that were
approved for commencement during a given month.
Dated: March 13, 2008.
Louise P. Wise,
Deputy Associate Administrator,
Office of Policy, Economics, and Innovation.
CLEAN AIR ACT (CAA)--Prerule Stage
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Regulation
Sequence Title Identifier
Number Number
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243 SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines 2060-AO82
(Section 610 Review)..................................................................
244 SAN No. 5255 VOC Regulation for Architectural Coatings (Section 610 Review)........... 2060-AP09
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[[Page 24761]]
CLEAN AIR ACT (CAA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
245 SAN No. 5250 Renewable Fuels Standard Program......................................... 2060-AO81
----------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT (CAA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
246 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment... 2060-AM34
----------------------------------------------------------------------------------------------------------------
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
247 SAN No. 3557 Lead-Based Paint; Amendments for Renovation, Repair, and Painting........ 2070-AC83
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
248 SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant and 2040-AE97
Disinfection By-Products Rule (Section 610 Review)....................................
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
249 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
250 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total 2040-AD94
Coliform Monitoring and Analytical Requirements and Consideration of Distribution
System Issues.........................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Clean Air Act (CAA)
_______________________________________________________________________
243. [bull] CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL
ENGINES (SECTION 610 REVIEW)
Legal Authority: Not Yet Determined
Abstract: On October 23, 1998 (63 FR 56967), EPA promulgated a
regulation to reduce emissions of nitrogen oxides (NOx), non-methane
hydrocarbon (NMHC), and particulate matter (PM) from diesel and
gasoline fueled engines used in highway trucks and buses and in nonroad
equipment and vehicles. Nitrogen oxides are a significant contributor
to urban ozone pollution (smog), acid rain, and particulate pollution.
Particulates, including those emitted directly and secondary
particulates formed in the atmosphere, have been associated with
increased death and illness rates as well as impaired visibility. Non-
Methane hydrocarbons also contribute to ozone pollution. Highway and
nonroad engines and vehicles are very significant contributors to these
air-quality problems. Pursuant to Section 610 of the Regulatory
Flexibility Act, EPA is now initiating a review of this rule to
determine if it should be continued without change, or should be
rescinded or amended to minimize adverse economic impacts on small
entities. As part of this review, EPA will consider, and solicits
comments on, the following factors: (1) The continued need for the
rule; (2) the nature of complaints or comments received concerning the
rule; (3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates, or conflicts with other Federal, State, or local
government rules; and (5) the degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule. Comments must be received by
[[Page 24762]]
August 4, 2008. In submitting comments, please reference Docket ID
number EPA-HQ-OAR-2008-0206, and follow the instructions provided in
Section H of the preamble to this issue of the Regulatory Agenda. The
results of EPA's review will be summarized in a report and placed in
the rulemaking docket referenced above. This docket can be accessed at
www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 10/23/98 63 FR 56967
Begin Review 05/00/08
End Comment Period 08/00/08
End Review 12/00/08
Regulatory Flexibility Analysis Required: No
Agency Contact: Tom Eagles, Environmental Protection Agency, Air and
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Email: [email protected]
RIN: 2060-AO82
_______________________________________________________________________
244. [bull] VOC REGULATION FOR ARCHITECTURAL COATINGS (SECTION 610
REVIEW)
Legal Authority: Not Yet Determined
Abstract: On September 11, 1998 (63 FR 48848), EPA promulgated a
regulation to control volatile organic compound (VOC) emissions from
architectural coatings. These coatings are applied to stationary
structures and their appurtenances, to portable buildings, to
pavements, or to curbs. Traditional VOC limitations, market-based
approaches, and phased-in approaches were all included. This rule was
based on the best possible understanding of the industry, and it
afforded the flexibility to achieve the necessary emission reductions
in the most sensible, cost-effective ways. Pursuant to Section 610 of
the Regulatory Flexibility Act, EPA is now initiating a review of this
rule to determine if it should be continued without change, or should
be rescinded or amended to minimize adverse economic impacts on small
entities. As part of this review, EPA will consider, and solicits
comments on, the following factors: (1) The continued need for the
rule; (2) the nature of complaints or comments received concerning the
rule; (3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates, or conflicts with other Federal, State, or local
government rules; and (5) the degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule. Comments must be received by August 4, 2008. In submitting
comments, please reference Docket ID number EPA-HQ-OAR-2008-0205, and
follow the instructions provided in Section H of the preamble to this
issue of the Regulatory Agenda. The results of EPA's review will be
summarized in a report and placed in the rulemaking docket referenced
above. This docket can be accessed at www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 09/11/98 63 FR 48848
Begin Review 05/00/08
End Comment Period 08/00/08
End Review 12/00/08
Regulatory Flexibility Analysis Required: No
Agency Contact: Tom Eagles, Environmental Protection Agency, Air and
Radiation, 6103A, Washington, DC 20460
Phone: 202 564-1952
Email: [email protected]
RIN: 2060-AP09
_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act (CAA)
_______________________________________________________________________
245. [bull] RENEWABLE FUELS STANDARD PROGRAM
Legal Authority: CAA 211(o)
Abstract: This action will implement certain provisions in Title II of
the 2007 Energy Independence and Security Act that amend Section 211
(o) of the Clean Air Act. The new law sets a modified standard for
renewable fuels increasing the national requirement to 9.0 billion
gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter
total, 21 billion gallons is required to be obtained from cellulosic
ethanol and other advanced biofuels. Starting in 2016, all of the
increase in the RFS target must be met with advanced biofuels, defined
as cellulosic ethanol and other biofuels derived from feedstock other
than corn starch--with explicit standards for cellulosic biofuels and
biomass-based diesel. Renewable fuels produced from new biorefineries
will be required to reduce by at least 20 percent the life cycle
greenhouse gas (GHG) emissions relative to life cycle emissions from
gasoline and diesel.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air
and Radiation, 6520J ARN, Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]
David Korotney, Environmental Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: [email protected]
RIN: 2060-AO81
[[Page 24763]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Clean Air Act (CAA)
_______________________________________________________________________
246. CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AND
EQUIPMENT
Legal Authority: 42 USC 7521 to 7601(a)
Abstract: In this rulemaking, EPA is promulgating exhaust emission
standards for new nonroad spark-ignition engines that will
substantially reduce emissions from these engines. The standards would
apply starting in 2009 for new marine spark-ignition engines, including
first-time EPA standards for sterndrive and inboard engines. The
standards would apply starting in 2011 and 2012 for different sizes of
new land-based, spark-ignition engines at or below 19 kilowatts (kW),
which is equivalent to about 25 horsepower. These small engines are
used primarily in lawn and garden applications. We are also
promulgating evaporative emission standards for vessels and equipment
using any of these engines. Nationwide, these emission sources
contribute to ozone, carbon monoxide (CO), and particulate matter (PM)
nonattainment.
We estimate that by 2030, this rule would result in significantly
reduced pollutant emissions from regulated engine and equipment
sources, including estimated annual nationwide reductions of 631,000
tons of volatile organic hydrocarbon emissions, 98,200 tons of NOx
emissions, and 6,300 tons of direct particulate matter (PM2.5)
emissions. These reductions correspond to significant reductions in the
formation of ground-level ozone. We would also expect to see annual
reductions of 2,690,000 tons of carbon monoxide emissions, with the
greatest reductions in areas where there have been problems with
individual exposures. The requirements in this rule will substantially
benefit public health and welfare and the environment. We estimate that
by 2030, the rule's emission reductions would annually prevent 450 PM-
related premature deaths, approximately 500 hospitalizations, and
52,000 work days lost. The total estimated annual benefits of the rule
in 2030 would be $3.4 billion. Estimated costs in 2030 would be many
times less at $240 million.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/18/07 72 FR 28098
Final Action 06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Glenn Passavant, Environmental Protection Agency, Air
and Radiation, 2000 Traverwood Dr., Ann Arbor, MI 48105
Phone: 734 214-4408
Fax: 734 214-4816
Email: [email protected]
RIN: 2060-AM34
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Toxic Substances Control Act (TSCA)
_______________________________________________________________________
247. LEAD-BASED PAINT; AMENDMENTS FOR RENOVATION, REPAIR, AND PAINTING
Legal Authority: 15 USC 2682 TSCA sec 402 ; 15 USC 2684 TSCA sec 404
Abstract: In 2008, EPA will continue its work toward the Administration
goal of eliminating childhood lead poisoning as a national health
concern by 2010 by implementing a comprehensive program to address
lead-based paint hazards associated with renovation, repair and
painting activities. The program will be comprised of a combination of
approaches including regulations, and an extensive education and
outreach campaign that will include elements specifically designed for
industry and consumers. Industry outreach will include dissemination of
information regarding the regulation, lead-safe work practices, and
training opportunities. Consumer outreach will be designed to expand
consumer awareness, and create demand for the use of lead-safe work
practices. EPA plans to finalize and begin implementation of the
Renovation, Repair and Painting Program regulations in 2008. EPA
proposed these regulations on January 10, 2006 and amended that
proposal on June 5, 2007 to include child occupied facilities within
the scope of the rule. The regulation should minimize the introduction
of lead hazards resulting from the disturbance of lead-based paint
during renovation, repair, and painting activities. The regulations
would require contractors conducting renovation, repair and painting
activities in most target housing and child occupied facilities to be
trained, certified, and to follow work practice standards designed to
minimize the creation of lead hazards.
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Action 04/22/08 73 FR 21691
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Mike Wilson
Phone: 202 566-0521
Fax: 202 566-0471
Email: [email protected]
Doreen Cantor
Phone: 202 566-0486
Fax: 202 566-0471
Email: [email protected]
RIN: 2070-AC83
[[Page 24764]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Prerule Stage
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
248. [bull] NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE I
DISINFECTANT AND DISINFECTION BY-PRODUCTS RULE (SECTION 610 REVIEW)
Legal Authority: Not Yet Determined
Abstract: Congress required EPA to promulgate a Stage 1 and a Stage 2
Disinfectants and Disinfection By-products Rule (DBPR) as part of the
1996 Safe Drinking Water Act Amendments (section 1412 (b)(2)(C)).`` The
Stage 1 DBPR was finalized in 1998 (63 FR 69390, December 16, 1998).
Under the Stage 1 DBPR, EPA set maximum disinfectant level goals or
maximum contaminant level goals for several disinfectants and
disinfection by-products. EPA also set monitoring, reporting and public
notification requirements for these compounds. EPA performed a
regulatory flexibility analysis pursuant to the Regulatory Flexibility
Act (5 U.S.C. 604) and was not able to certify that the final Stage 1
DBPR will not have a significant economic impact on a substantial
number of small entities.
The Stage 2 DBPR (71 FR 388, January 4, 2006) augments Stage 1 DBPR.
EPA re-evaluated the Stage 1 DBPR and worked with stakeholders to
develop the Stage 2 DBPR through consultation with a DBPR Federal
Advisory Committee (including small water system owners); State, local
and tribal governments; the National Drinking Water Advisory Committee;
the Science Advisory Board; a Small Business Regulatory Enforcement
Fairness Act consultation; a pre-proposal draft for comment, as well as
formal notice and public comment on the proposed Stage 2 DBPR.
This new entry in the regulatory agenda announces that while EPA has
taken steps to evaluate and mitigate impacts on small entities of the
Stage 1 DBPR as part of the promulgation of the final Stage 2 DBPR,
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C.
610), EPA will review the Stage 1 DBPR. As part of this review, EPA
will consider and solicits comments on the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal State, or local government rules; and (5) the degree to which
the technology, economic conditions or other factors have changed in
the area affected by the rule. Based on the evaluation of the Stage 1
DBPR during the promulgation of the Stage 2 DBPR, EPA believes there is
a continued need for the Stage 1 DBPR. Comments must be received by
August 4, 2008. In submitting comments, please reference Docket ID EPA-
HQ-OW-2008-0226 and follow the instructions provided in Section H of
the preamble to this issue of the Regulatory Agenda. This docket can be
accessed at www.regulations.gov.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 12/16/98 63 FR 69389
Begin Review 05/00/08
End Comment Period 08/00/08
End Review 12/00/08
Regulatory Flexibility Analysis Required: No
Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water,
4101M, Washington, DC 20460
Phone: 202 564-0264
Email: [email protected]
Stephanie Flaharty, Environmental Protection Agency, Water, 1200
Pennsylvania Ave, Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]
RIN: 2040-AE97
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
249. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON
Legal Authority: 42 USC 300f et seq
Abstract: In 1999, EPA proposed regulations for radon that provide
flexibility in how to manage the health risks from radon in drinking
water. The proposal was based on the unique framework in the 1996 SDWA.
The proposed regulation would provide for either a maximum contaminant
level (MCL), or an alternative maximum contaminant level (AMCL) with a
multimedia mitigation (MMM) program to address radon in indoor air.
Under the proposal, public water systems in States that adopted
qualifying MMM programs would be subject to the AMCL, while those in
States that did not adopt such programs would be subject to the MCL.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 09/30/86 51 FR 34836
NPRM Original 07/18/91 56 FR 33050
Notice 99 02/26/99 64 FR 9560
NPRM 11/02/99 64 FR 59246
Final Action 04/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Rebeccak Allen, Environmental Protection Agency, Water,
4607M, Washington, DC 20460
Phone: 202 564-4689
Fax: 202 564-3760
Email: [email protected]
Eric Burneson, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: [email protected]
RIN: 2040-AA94
_______________________________________________________________________
250. NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE TOTAL
COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND CONSIDERATION OF
DISTRIBUTION SYSTEM ISSUES
Legal Authority: 42 USC 300f et seq
Abstract: EPA is revising the Total Coliform Rule (TCR), which was
published in 1989. On July 18, 2003, EPA published a Federal Register
(68 FR 42907) Notice of Intent to revise the TCR. EPA intends revisions
to the TCR to maintain or provide for greater human health protection
than under the existing TCR while improving system efficiency. A
Federal Advisory Committee recommended that EPA, as
[[Page 24765]]
part of the TCR 6-year review process, ``initiate a process for
addressing cross-connection control and backflow prevention
requirements and consider additional distribution system requirements
related to significant health risks.`` The original TCR, promulgated in
1989, protects human health by requiring microbial monitoring in
drinking water distribution systems. The TCR does not include
distribution system corrective or protective requirements to reduce
contamination from coliforms and other contaminants. Since then, EPA
has gained a better understanding of distribution system impacts on
human health and, therefore, intends to strengthen the TCR and to
consider how to address distribution system contamination issues. The
process to do so involves a performance evaluation, development of
issue papers on both distribution systems and total coliform,
stakeholders meetings, and proposed and final rules. EPA has also
convened a Federal Advisory Committee to address the TCR revisions and
to consider distribution system issues.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Final Action 10/00/12
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water,
4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: [email protected]
Yu-Ting Guilaran, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: [email protected]
RIN: 2040-AD94
[FR Doc. E8-7431 Filed 05-02-08; 8:45 am]
BILLING CODE 6560-50-S