[The Regulatory Plan and 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 XI
Environmental Protection Agency
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Semiannual Regulatory Agenda
[[Page 71424]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
_______________________________________________________________________
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL-8702-9]
[EPA-HQ-OAR-2008-0205
[EPA-HQ-OAR-2008-0206
[EPA-HQ-OW-2008-0226
Fall 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
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:
``Semiannual regulatory agenda,'' ``E-Agenda,'' and ``online
regulatory agenda,'' all refer to the same comprehensive collection
of information that used to be published in the Federal Register,
but which is now available through an online database but not be
published in the Federal Register.
``Regulatory Plan'' refers to the document published in part 2
of the Federal Register that addresses the core of the Agency's
regulatory priorities that will be issued in the coming fiscal
year.
``Regulatory Flexibility Agenda'' refers to a document about
regulations with a significant impact on a substantial number of
small entities that will continue to be published in the Federal
Register because of a requirement of the Regulatory Flexibility
Act.
``Unified Agenda'' refers to the collection of all agencies'
agendas with an introduction prepared by the Regulatory Information
Service Center.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for
development.
``Regulatory agenda preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility
Agenda and introduces both EPA's 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 EPA's
regulatory agenda, regulatory plan, regulatory flexibility agenda, or
EPA's regulatory development process, please contact: Phil Schwartz
([email protected]; 202-564-6564) or Caryn Muellerleile
([email protected]; 202-564-2855).
TO BE PLACED ON AN AGENDA MAILING LIST: If you would like to
receive an e-mail with a link to new regulatory agendas as soon as
they are published, please send an e-mail message to: nscep@bps-
lmit.com and put ``E-Regulatory Agenda: Electronic Copy'' in the
subject line.
If you would like to receive a monthly e-mail with a link to
our new update, the Action Initiation List, go to http://
www.epa.gov/lawsregs/search/ail.htmlnotification and
complete 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, please send an e-mail
with your name and complete address to: [email protected] and put
``Regulatory Agenda Hard Copy'' in the subject line, or call 800-
490-9198. 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 Are Regulatory Plan and Regulatory Flexibility Agenda Organized?
F. What Information Is in the Regulatory Flexibility Agenda, the E-
Agenda, and the Regulatory Plan?
G. New Monthly Update Tool: The Action Initiation List
H. What Other Tools for Finding Out About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?
I. What 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 On-line locations Location
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Semiannual Regulatory Agenda www.reginfo.gov/ and www.epa.gov/opei/orpm.html Not in FR
Annual Regulatory Plan www.reginfo.gov/ and www.epa.gov/opei/orpm.html Part 2 of today's issue
Semiannual Regulatory Flexibility Agenda www.reginfo.gov/ and www.epa.gov/opei/orpm.html Part 22 of today's issue
Monthly Action Initiation List http://www.regulations.gov/fdmspublic/component/ Not in FR
main?main=DocketDetail &d=EPA-HQ-OA-2008-0265 and http://
www.epa.gov/lawsregs/search/ail.html
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[[Page 71425]]
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 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 2009
regulatory plan (http://epa.gov/opei/orpm.htmlagenda).
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; 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
[[Page 71426]]
Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act
E. How Are Regulatory Plan and Regulatory Flexibility Agenda Organized?
The Regulatory Plan is organized according to the current
stage of development. The stages are:
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.
We have organized the Regulatory Flexibility Agenda as
follows:
First, into divisions based on the law that would authorize a
particular action. A ``General'' division which includes
crosscutting actions, such as rules authorized by multiple statutes
and general acquisition rules precedes the media statutes (Clean
Air Act (CAA), Clean Water Act (CWA), etc.)
Second, by the current stage of development. The stages are:
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 October 2009.
5. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the spring 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, the E-
Agenda, and the Regulatory Plan?
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 U.S.C. 801.''
Legal Authority: The sections of the United States Code
(U.S.C.), Public Law (P.L.), Executive Order (E.O.), 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
[[Page 71427]]
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 Regulatory Identifier Number is used by OMB to
identify and track rulemakings. The first four digits of the RIN
stand for the EPA office with lead responsibility for developing
the action.
Regulatory Plan entries include all categories of information
included in E-Agenda entries, plus:
Sequence Number, Statement of Need, Summary of Legal Basis,
Alternatives, Anticipated Costs and Benefits, and Risks.
G. New Monthly Update Tool: The Action Initiation List
Continuing to build on EPA's tradition of open, transparent
rulemaking, last April we started posting each month a list of the
regulations which had been approved for development. We call this
list the Action Initiation List. You can see the current 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 Other Tools for Finding Out About EPA Rules and Policies Are
Available at Reginfo.gov, Regulations.gov, and EPA.gov?
1. Regulatory Agenda Search Engines
If you want to quickly identify the regulation(s) of interest
to you, we recommend that you go to www.reginfo.gov/public/do/
eAgendaMain and use the E-Agenda database and its powerful search,
and advanced search features. With advanced searches you can
specify the values you are interested in for up to 21 Agenda data
fields. This database also lets you access information from
previous versions of the Agenda and Plan.
2. 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 impacts on a substantial number of small entities and
various non-rulemaking 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. EPA opens an electronic docket for each
of our proposed rules by the time we publish them in the Federal
Register. All of our electronic dockets are housed at
www.regulations.gov where you can review the proposed rule,
supporting documents, and public comments, and where you may
electronically submit your own comments and make use of the
bookmarking and notification features.
3. Subject Matter EPA Web sites
More than 100 of the actions listed in the agenda include a
URL that provides additional information about the program that the
action belongs to.
[[Page 71428]]
4. 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.
I. What 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/. You may
search http://www.reginfo.gov/public/do/eAgendaAdvancedSearch to
find a list of EPA's entries for which a Regulatory Flexibility
Analysis is required or for a list of EPA's entries that may affect
small entities, but which we do not expect will have a significant
economic impact on a substantial number of them.
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 (SEIOSNOSE). EPA has three rules under 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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EPA undertakes section 610 reviews to decide whether the
agency should continue a rule unchanged, amend it, or withdraw it.
EPA announced these three 610 reviews in the ``Prerule'' section of
the spring 2008 Agenda. We encouraged small entities to provide
comments on the need to change these rules, and in particular, how
the rules could be made clearer, more effective, or if there is
need to remove conflicting or overlapping requirements with other
Federal or State regulations. More information on the results of
each of these reviews is available in the abstract section of each
individual 610 review Agenda entry.
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.
Dated: August 29, 2008.
Louise P. Wise,
Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.
CLEAN AIR ACT (CAA)--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
405 SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional 2060-AM44
Boilers, and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
Institutional Boilers at Area Sources.................................................
406 SAN No. 5250 Renewable Fuels Standard Program (Reg Plan Seq No. 103).................. 2060-AO81
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
[[Page 71429]]
CLEAN AIR ACT (CAA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
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407 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment... 2060-AM34
408 SAN No. 5254 Control of Emissions of Air Pollution From Nonroad Diesel Engines 2060-AO82
(Completion of a Section 610 Review)..................................................
409 SAN No. 5255 VOC Regulation for Architectural Coatings (Completion of a Section 610 2060-AP09
Review)...............................................................................
----------------------------------------------------------------------------------------------------------------
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
410 SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20
411 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
412 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
413 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.........................................................................
----------------------------------------------------------------------------------------------------------------
SAFE DRINKING WATER ACT (SDWA)--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
414 SAN No. 5258 National Primary Drinking Water Regulations: Stage I Disinfectant/ 2040-AE97
Disinfection By-Products Rule (Completion of a Section 610 Review)....................
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_______________________________________________________________________
Environmental Protection Agency (EPA) Proposed Rule Stage
Clean Air Act (CAA)
_______________________________________________________________________
405. 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).
Industrial boilers, commercial/institutional boilers, and process
heaters are listed as major sources of HAP. Section 112(k) requires
development of standards for area sources which account for 90 percent
of the emissions in urban areas of the 33 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.
Both industrial boilers and institutional/commercial boilers are on the
list of section 112(c)(6) source categories.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/08
Final Action 12/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Email: [email protected]
Robert J. Wayland, Environmental Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC 27711
Phone: 919 541-1045
[[Page 71430]]
Email: [email protected]
RIN: 2060-AM44
_______________________________________________________________________
406. RENEWABLE FUELS STANDARD PROGRAM
Regulatory Plan: This entry is Seq. No. 103 in part II of this issue
of the Federal Register.
RIN: 2060-AO81
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Clean Air Act (CAA)
_______________________________________________________________________
407. 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.
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Action 10/08/08 73 FR 59034
Final Action Effective 12/08/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Glenn Passavant
Phone: 734 214-4408
Fax: 734 214-4816
Email: [email protected]
RIN: 2060-AM34
_______________________________________________________________________
408. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL ENGINES
(COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On October 23, 1998 (63 FR 56968), EPA promulgated a rule
setting emission standards for nonroad compression-ignition (CI)
engines under authority of section 213 of the Clean Air Act. These
standards are codified in the Code of Federal Regulations at 40 CFR
part 89. Pursuant to section 610 of the Regulatory Flexibility Act, EPA
has reviewed 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. This review was announced in the Regulatory
Agenda on May 5, 2008 (73 FR 24761). As part of this review, EPA
considered, and solicited comments on, the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal, State, or local government rules; and (5) the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule. No comments were received. The results of
EPA's review have been summarized in a report and placed in the
rulemaking docket (docket number EPA-HQ-OAR-2008-0206 at
www.regulations.gov). These results are briefly summarized here.
One of the factors that must be considered in a section 610 review is
the continued need for the rule under review. The Agency finds that
there is a continued need for the emission standards and related
provisions for nonroad CI engines. Many areas of the country do not
meet the National Ambient Air Quality Standards (NAAQS) for ozone or
particulate matter (PM2.5). Both of these environmental problems are
addressed in part by the October 1998 rule. The Agency must also
consider the complexity of the rule under review. The 1998 rule
incorporated a number of provisions aimed at easing the burden of
compliance for equipment manufacturers, many of whom are small
businesses. These included provisions that allow the limited use of
engines meeting the previous emission standards during the initial
years of the program to help smooth the transition to the new
standards. EPA believes that the transitional flexibilities afforded by
these provisions mitigate the implementation complexity of the rule
while meeting statutory objectives. The Agency must also consider the
extent to which the nonroad CI engine rule overlaps, duplicates, or
conflicts with other Federal, State, or local government rules. The
Agency believes the rules for nonroad CI engines do not duplicate or
conflict with any other rule. Under the CAA, both EPA and the state of
California are authorized to have emission control program requirements
[[Page 71431]]
covering these engines and, indeed, both do now have such programs. EPA
worked closely with the State of California in developing the October
1998 Federal rule to assure that the two rules do not conflict or
overlap. Finally, the Agency must consider the length of time since the
rule in question has been evaluated, or the degree to which technology,
economic conditions, or other factors have changed. Technology advances
since 1998 have enabled EPA to adopt a new set of emission requirements
that will succeed the 1998 standards between 2008 and 2015. These new
standards include provisions similar to those from the 1998 rule aimed
at easing the burden of compliance for both engine manufacturers and
equipment manufacturers, many of which are small businesses. Based on
EPA's section 610 review, including the fact that no comments were
received as a result of the review, no amendments are planned at this
time. As part of any future rulemakings in this area, EPA will continue
to work with small-entity representatives to reduce unfavorable impacts
to the extent appropriate while meeting the need for emission
reductions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 10/23/98 63 FR 56967
Begin Review 05/05/08 73 FR 24755
End Comment Period 08/04/08
End Review 09/02/08
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
_______________________________________________________________________
409. VOC REGULATION FOR ARCHITECTURAL COATINGS (COMPLETION OF A SECTION
610 REVIEW)
Legal Authority: 5 USC 610
Abstract: On September 11, 1998 (63 FR 48848), EPA promulgated a
regulation to control volatile organic compound (VOC) emissions from
architectural coatings. These requirements, codified at 40 CFR part 79,
subpart D, were promulgated under section 183(e) of the Clean Air Act
(CAA). Pursuant to section 610 of the Regulatory Flexibility Act, EPA
has reviewed 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 considered, and
solicited comments on, the following factors: (1) The continued need
for the rule; (2) the nature of complaints or comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with other Federal,
State, or local government rules; and (5) the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the rule. The results of EPA's review have been
summarized in a report and placed in the rulemaking docket (docket
number EPA-HQ-OAR-2008-0205 at www.regulations.gov). These results are
briefly summarized here.
One of the factors that must be considered in a section 610 review is
the continued need for the rule under review. The rule remains
necessary to help fulfill the requirements of CAA section 183(e), which
addresses the persistent ozone nonattainment problem in many areas. The
Agency must also consider the nature of any complaints about the rule.
One comment letter was received. The commenter asserted that the use of
relative reactivity should be incorporated into this rule. We agree
that not all VOC are equal in their effects on ground-level ozone
formation. However, we believe that adoption of a reactivity-based
approach for the architectural coatings rule at this time would not
provide significant benefits to small coatings manufacturers and, in
some cases, could present small businesses with the additional burden
of research and development to carry out product reformulation that
could be required to comply with a new, reactivity-based rule. The
Agency must also consider the complexity of the rule under review. The
1998 rule incorporated a number of provisions aimed at easing the
burden of compliance, and the Agency published accompanying guidance to
help small businesses comply with the rule. Accordingly, and in light
of the fact that we received no comments on rule complexity, we do not
believe that complexity is a barrier to understanding and complying
with the rule. The Agency must also consider the extent to which the
rule overlaps, duplicates, or conflicts with other Federal, State, or
local government rules. Several States have architectural coatings
rules that are more stringent and cover more categories than the 1998
Federal architectural coatings rule. Consequently, many entities are
marketing architectural coatings that are lower in VOC content than
required by the Federal rule. However, we know of no instances where
the federal rule conflicts with existing State rules. Finally, the
Agency must consider the degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule since it was promulgated. Many low-VOC and non-VOC architectural
coatings have been developed since promulgation of this rule in 1998.
Consequently, the VOC limits in the existing Federal rule pose no
unreasonable burden on small or large companies. Regarding reactivity,
as discussed above, although we believe that changes in technology do
not warrant revision of the architectural coatings rule at this time,
we are open to initiating dialogue on the subject of broadly applied
reactivity-based approaches to VOC regulation. Based on the foregoing
considerations, the Agency believes that the current architectural
coatings rule provides for needed VOC reductions without undue burden
on small entities, and does not warrant revision at thistime.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Action 09/11/98 63 FR 48848
Begin Review 05/05/08 73 FR 24755
End Comment Period 08/04/08
End Review 09/02/08
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
[[Page 71432]]
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
_______________________________________________________________________
410. 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. Changes may include having certain occupational
users of pesticides demonstrate competency by meeting minimum
competency requirements. The 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 need for changes to the regulation.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ20
_______________________________________________________________________
411. 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
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 06/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC
20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: [email protected]
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: [email protected]
RIN: 2070-AJ22
_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
412. 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
Notice 99 02/26/99 64 FR 9560
NPRM 11/02/99 64 FR 59246
Final Action 05/00/11
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
_______________________________________________________________________
413. 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
[[Page 71433]]
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 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.
In September 2008, members of a Federal Advisory Committee signed an
agreement in principle (AIP) that recommended revisions to the TCR, as
well as research and information collection needed to better understand
potential public health impacts from conditions in the distribution
system and control microbial drinking water contamination.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Final Action 11/00/12
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
_______________________________________________________________________
Environmental Protection Agency (EPA) Completed Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________
414. NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE I DISINFECTANT/
DISINFECTION BY-PRODUCTS RULE (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: Congress required EPA to promulgate a Stage 1 and a Stage 2
Distribution Disinfection By-products Rule (DBPR) as part of the 1996
Safe Drinking Water Act Amendments (sec. 1412 (b)(2)(C)). The Stage 1
DPBR was finalized in 1998 (63 FR 69390, Dec. 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, Jan. 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
DBP 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 entry in the regulatory agenda announced 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 reviewed the Stage 1 DBPR. As part of this review, EPA
considered and solicited comments on the following factors: (1) The
continued need for the rule; (2) the nature of complaints or comments
received concerning the rule; (3) the complexity of the rule; (4) the
extent to which the rule overlaps, duplicates, or conflicts with other
Federal State, or local government rules; and (5) the degree to which
the technology, economic conditions or other factors have changed in
the area affected by the rule. EPA received no comments and completed
the review. 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.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 12/16/98 63 FR 69389
Begin Review 05/05/08 73 FR 24755
End Comment Period 08/04/08
End Review 08/19/08
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, 4601M,
Washington, DC 20460
Phone: 202 564-5072
Email: [email protected]
RIN: 2040-AE97
[FR Doc. E8-21213 Filed 11-21-08; 8:45 am]
BILLING CODE 6560-50-S