Monday, 

April 26, 2010 

Part XIV 

Environmental 

Protection Agency 

Semiannual Regulatory Agenda 


erowe on DSK5CLS3C1PROD with PROPOSALS
21872 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

ENVIRONMENTAL PROTECTION AGENCY (EPA) 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[FRL-9134-3] 

EPA-HQ-OA-2007-1172 

EPA-HQ-OW-2010-0169 

EPA-HQ-OW-2010-0166 

EPA-HQ-OAR-2010-0052 

Spring 2010 Regulatory Agenda 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory 

flexibility agenda and semiannual 

regulatory agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the semiannual 

regulatory agenda online (the e-Agenda) 

at www.reginfo.gov to update the public 

about: 

• Regulations and major policies 

currently under development, 

• Reviews of existing regulations and 

major policies, and 

• Rules and major policymakings 

completed or canceled since the last 

agenda. 

Definitions: 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that used to be published in 

the Federal Register but which now are 

only available through an online 

database. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about regulations that may 

have a significant impact on a 

substantial number of small entities. 

This continues to be published in the 

Federal Register because of a 

requirement of the Regulatory 

Flexibility Act. 

‘‘Monthly Action Initiation List’’ (AIL) 

refers to a list that EPA posts online 

each month of the regulations newly 

approved for development. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center. 

‘‘Regulatory Agenda preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

the Regulatory Flexibility Agenda and 

the e-Agenda. 

‘‘Rulemaking Gateway’’ refers to a 

new portal to EPA’s priority rules with 

earlier and more concise information 

about Agency regulations. More 

information about the Rulemaking 

Gateway appears in section H of this 

preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions or comments about 

a particular action, please get in touch 

with the agency contact listed in each 

agenda entry. If you have general 

questions about the semiannual 

regulatory agenda, please contact: Phil 

Schwartz (schwartz.philip@epa.gov; 

202-564-6564) or Caryn Muellerleile 

(muellerleile.caryn@epa.gov; 202-564- 

2855). 

TO BE PLACED ON AN AGENDA 

MAILING LIST: If you would like to 

receive an e-mail with a link to new 

semiannual regulatory agendas as soon 

as they are published, please send an email message with your name and 

address to: nscep@bps-lmit.com and put 

‘‘E-Regulatory Agenda: Electronic Copy’’ 

in the subject line. 

If you would like to regularly receive 

information about the rules newly 

approved for development, sign up for 

our monthly Action Initiation List by 

going to 

http://www.epa.gov/lawsregs/search/ 

ail.html#notification and completing the 

five steps listed there. You may also 

track progress on EPA’s priority 

rulemakings by visiting the Rulemaking 

Gateway (www.epa.gov/rulemaking/) or 

signing up for RSS feeds at 

http://yosemite.epa.gov/opei/ 

RuleGate.nsf/content/ 

getalerts.html?opendocument. 

If you would like to receive a hard 

copy of the semiannual agenda about 2 

to 3 months after publication, call 800- 

490-9198 or send an e-mail with your 

name and complete address to: 

nscep@bps-lmit.com and put 

‘‘Regulatory Agenda Hard Copy’’ in the 

subject line. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Map of Regulatory Agenda 

Information 

B. What Are EPA’s Regulatory Goals and 

What Key Principles, Statutes, and 

Executive Orders Guide Our Rule and 

Policymaking Process? 

C. How Can You Be Involved in EPA’s 

Rule and Policymaking Process? 

D. What Actions Are Included in the 

Regulatory Agenda? 

E. How Is the E-Agenda Organized? 

F. What Information Is in the Regulatory 

Flexibility Agenda and the E-Agenda? 

G. How Can I Find Out About 

Rulemakings That Start Up After the 

Regulatory Agenda Is Signed? 

H. What Tools for Finding More About 

EPA Rules and Policies Are Available 

at EPA.gov, Regulations.gov, and 

Reginfo.gov? 

I. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

J. What Other Special Attention Do We 

Give to the Impacts of Rules on Small 

Businesses, Small Governments, and 

Small Nonprofit Organizations? 

K. Thank You for Collaborating With Us 

A. Map of Regulatory Agenda 

Information 

Type of Information Online Locations Federal Register Location 

Semiannual Regulatory Agenda www.reginfo.gov/, www.regulations.gov, 

and http://www.epa.gov/lawsregs/ 

search/regagenda.html Not in FR 

Semiannual Regulatory Flexibility Agenda www.reginfo.gov/, www.regulations.gov, 

and http://www.epa.gov/lawsregs/ 

search/regagenda.html Part XII of today’s issue 


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Type of Information Online Locations Federal Register Location 

Monthly Action Initiation List http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=EPA-HQOA-2008-0265 and 

http://www.epa.gov/lawsregs/ 

search/ail.html Not in FR 

Rulemaking Gateway www.epa.gov/rulemaking/ Not in FR 

B. What Are EPA’s Regulatory Goals, 

and What Key Principles, Statutes, and 

Executive Orders Guide Our Rule and 

Policymaking Process? 

In outlining her agenda for the 

environment, Administrator Jackson has 

outlined seven themes to focus the work 

of EPA. These key goals shape 

everything we do. 

Taking Action on Climate Change: 

Last year saw historic progress in the 

fight against climate change, with a 

range of greenhouse gas (GHG) 

reduction initiatives. We are continuing 

this critical effort and ensuring 

compliance with the law. We continue 

to support the President and Congress in 

enacting clean energy and climate 

legislation. Using the Clean Air Act, we 

will finalize our mobile source rules and 

provide a framework for continued 

improvements in that sector. EPA is 

building on the success of ENERGY 

STAR to expand cost-saving energy 

conservation and efficiency programs. 

Additionally, we continue to develop 

common-sense solutions for reducing 

GHG emissions from large stationary 

sources like power plants. EPA 

recognizes that climate change will 

affect other parts of its core mission, 

such as protecting air and water quality, 

and includes those considerations in 

our future plans. 

Improving Air Quality: American 

communities face serious health and 

environmental challenges from air 

pollution. There are already proposed 

stronger ambient air quality standards 

for ozone, which will help millions of 

Americans breathe more easily and live 

more healthy lives. Building on that, 

EPA will develop a comprehensive 

strategy for a cleaner and more efficient 

power sector, with strong but achievable 

emission reduction goals for SO2, NOx, 

mercury, and other air toxics. We will 

strengthen our ambient air quality 

standards for pollutants such as PM, 

SO2, and NO2, and will achieve 

additional reductions in air toxics from 

a range of industrial facilities. Improved 

monitoring, permitting, and 

enforcement will be critical building 

blocks for air quality improvement. 

Assuring the Safety of Chemicals: 

One of EPA’s highest priorities is to 

make significant progress in assuring 

the safety of chemicals in our products, 

our environment, and our bodies. Last 

year, Administrator Jackson announced 

principles for modernizing the Toxic 

Substances Control Act. Separately, we 

are shifting EPA’s focus to address highconcern chemicals and filling data gaps 

on widely produced chemicals in 

commerce. EPA has released the firstever chemical management plans for 

five groups of substances, and more 

plans are underway. Using our 

streamlined Integrated Risk Information 

System, we will continue strong 

progress toward rigorous, peer-reviewed 

health assessments on dioxins, arsenic, 

formaldehyde, TCE, and other 

substances of concern. 

Cleaning Up Our Communities: EPA 

has made strong cleanup progress by 

accelerating our Superfund program and 

confronting significant local 

environmental challenges like the 

asbestos public health emergency in 

Libby, Montana, and the coal ash spill 

in Kingston, Tennessee. Using all the 

tools at our disposal, including 

enforcement and compliance efforts, we 

will continue to focus on making 

communities safer and healthier. EPA is 

maximizing the potential of the 

brownfields program to spur 

environmental cleanup and job creation, 

particularly in disadvantaged 

communities. We are also developing 

enhanced strategies for risk reduction in 

our Superfund program and developing 

stronger partnerships with stakeholders 

affected by our cleanups. 

Protecting America’s Waters: 

America’s waterbodies are imperiled as 

never before. Water quality and 

enforcement programs face complex 

challenges, from nutrient loadings and 

stormwater runoff to invasive species 

and drinking water contaminants. These 

challenges demand both traditional and 

innovative strategies. EPA continues its 

work on comprehensive watershed 

protection programs for the Chesapeake 

Bay and Great Lakes. We have initiated 

measures to address post-construction 

runoff, water quality impairment from 

surface mining, and stronger drinking 

water protection. Recovery Act funding 

is expanding construction of water 

infrastructure, and we are working with 

states to develop nutrient limits. 

Expanding the Conversation on 

Environmentalism and Working for 

Environmental Justice: We have begun 

a new era of outreach and protection for 

communities historically 

underrepresented in EPA 

decisionmaking. EPA seeks strong 

working relationships with tribes, 

communities of color, economically 

distressed cities and towns, young 

people, and others. It is our goal to 

include environmental justice 

principles in all of our decisions. The 

protection of vulnerable subpopulations 

is a top priority, especially with regard 

to children. 

Building Strong State and Tribal 

Partnerships: States and tribal nations 

bear important responsibilities for the 

day-to-day mission of environmental 

protection, but declining tax revenues 

and fiscal challenges are pressuring 

State agencies and tribal governments to 

do more with fewer resources. Strong 

partnerships and accountability are 

more important than ever. EPA supports 

State and tribal capacity and, through 

strengthened oversight, is working to 

ensure that programs are consistently 

delivered nationwide. Where 

appropriate, we use our expertise and 

capacity to bolster State and tribal 

efforts. 

EPA’s strength has always been our 

ability to adapt to the constantly 

changing face of environmental 

protection as our economy and society 


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EPA 

evolve, and science teaches us more 

about how humans interact with and 

affect the natural world. Now, more 

than ever, EPA must be innovative and 

forward looking because the 

environmental challenges faced by 

Americans all across our country are 

unprecedented. 

Besides the fundamental 

environmental laws authorizing EPA 

actions such as the Clean Air Act and 

Clean Water Act, there are legal 

requirements that apply to the issuance 

of regulations that are generally 

contained in the Administrative 

Procedure Act, the Regulatory 

Flexibility Act as amended by the Small 

Business Regulatory Enforcement 

Fairness Act, the Unfunded Mandates 

Reform Act, the Paperwork Reduction 

Act, the National Technology Transfer 

and Advancement Act, and the 

Congressional Review Act. We also 

must meet a number of requirements 

contained in Executive Orders 12866 

(Regulatory Planning and Review; 58 FR 

51735; October 4, 1993), 12898 

(Environmental Justice; 59 FR 7629; 

February 16, 1994), 13045 (Children’s 

Health Protection; 62 FR 19885; April 

23, 1997), 13132 (Federalism; 64 FR 

43255; August 10, 1999), 13175 

(Consultation and Coordination with 

Indian Tribal Governments; 65 FR 

67249; November 9, 2000), 13211 

(Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use; 66 FR 28355; May 

22, 2001). 

C. How Can You Be Involved in EPA’s 

Rule and Policymaking Process? 

You can make your voice heard by 

getting in touch with the contact person 

provided in each agenda entry. We urge 

you to participate as early in the process 

as possible. You may also participate by 

commenting on proposed rules that we 

publish in the Federal Register (FR). 

Information on submitting comments 

to the rulemaking docket is provided in 

each of our Notices of Proposed 

Rulemaking (NPRMs), and we always 

accept comments through the 

www.regulations.gov electronic docket. 

To be most effective, comments should 

contain information and data that 

support your position, and you also 

should explain why we should 

incorporate your suggestion in the rule 

or nonregulatory action. You can be 

particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternatives. 

We believe our actions will be more 

cost-effective and protective if our 

development process includes 

stakeholders working with us to identify 

the most practical and effective 

solutions to problems, and we stress this 

point most strongly in all of our training 

programs for rule and policy developers. 

Democracy gives real power to 

individual citizens, but with that power 

comes responsibility. We urge you to 

become involved in EPA’s rule and 

policymaking process. For more 

information about public involvement 

in EPA activities, please visit 

www.epa.gov/publicinvolvement. 

D. What Actions Are Included in the EAgenda and the Regulatory Flexibility 

Agenda? 

EPA includes regulations and certain 

major policy documents in the eAgenda. 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 callins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under the Resource Conservation and 

Recovery Act: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the Clean Water Act: State 

Water Quality Standards; deletions 

from the section 307(a) list of toxic 

pollutants; suspensions of toxic 

testing requirements under the 

National Pollutant Discharge 

Elimination System (NPDES); 

delegations of NPDES authority to 

States; 

• Under the Safe Drinking Water Act: 

Actions on State underground 

injection control programs. 

The Regulatory Flexibility Agenda 

normally includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

• Rules the Agency has identified for 

periodic review under section 610 of 

the Regulatory Flexibility Act. There 

are three rules for 610 review in 

spring 2010. 

E. How Is the E-Agenda Organized? 

You can now choose how both the 

www.reginfo.gov and 

www.regulations.gov versions of the eAgenda are organized. Current choices 

include: EPA subagency; stage of 

rulemaking, explained below; 

alphabetically by title; and by the 

Regulation Identifier Number (RIN), 

which is assigned sequentially when an 

action is added to the agenda. 

Stages of rulemaking include: 

1. Prerulemaking—Prerulemaking 

actions are generally intended to 

determine whether EPA should 

initiate rulemaking. Prerulemakings 

may include anything that influences 

or leads to rulemaking, such as 

Advance Notices of Proposed 

Rulemaking (ANPRMs), significant 

studies or analyses of the possible 

need for regulatory action, 

announcement of reviews of existing 

regulations required under section 

610 of the Regulatory Flexibility Act, 

requests for public comment on the 

need for regulatory action, or 

important preregulatory policy 

proposals. 

2. Proposed Rule—This section includes 

EPA rulemaking actions that are 

within a year of proposal (publication 

of Notices of Proposed Rulemakings 

(NPRMs)). 

3. Final Rule—This section includes 

rules that will be issued as a final rule 

within a year. 

4. Long-Term Actions—This section 

includes rulemakings for which the 

next scheduled regulatory action is 

after April 2011. 

5. Completed Actions—This section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the fall 2009 agenda. It also includes 

actions that EPA is no longer 

considering. If an action appears in 

the completed section, it will not 

appear in future agendas unless we 

decide to initiate action again, in 

which case it will appear as a new 

entry. EPA also announces the results 


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EPA 

of the Regulatory Flexibility Act 

section 610 reviews in this section of 

the agenda. 

F. What Information Is in the 

Regulatory Flexibility Agenda and the 

E-Agenda? 

Regulatory Flexibility Agenda entries 

include: 

Sequence Number, RIN, Title, 

Description, Statutory Authority, 

Section 610 Review, if applicable, 

Regulatory Flexibility Analysis 

Required, Schedule, Contact Person. 

E-Agenda entries include: 

Title: Titles for new entries (those that 

have not appeared in previous agendas) 

are preceded by a bullet (•). The 

notation ‘‘Section 610 Review’’ follows 

the title if we are reviewing the rule as 

part of our periodic review of existing 

rules under section 610 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 610). 

Priority: Entries are placed into one of 

five categories described below. OMB 

reviews all significant rules including 

both of the first two categories, 

‘‘economically significant’’ and ‘‘other 

significant.’’ 

Economically Significant: Under E.O. 

12866, a rulemaking action that may 

have an annual effect on the economy 

of $100 million or more, or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

Other Significant: A rulemaking that 

is not economically significant but is 

considered significant for other reasons. 

This category includes rules that may: 

1. Create a serious inconsistency or 

otherwise interfere with an action 

taken or planned by another agency; 

2. Materially alter the budgetary impact 

of entitlements, grants, user fees, or 

loan programs, or the rights and 

obligations of recipients; or 

3. Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the 

principles in Executive Order 12866. 

Substantive, Nonsignificant: A 

rulemaking that has substantive impacts 

but is not Significant, Routine and 

Frequent, or 

Informational/Administrative/Other. 

Routine and Frequent: A rulemaking 

that is a specific case of a recurring 

application of a regulatory program in 

the Code of Federal Regulations (e.g., 

certain State Implementation Plans, 

National Priority List updates, 

Significant New Use Rules, State 

Hazardous Waste Management Program 

actions, and Tolerance Exemptions). If 

an action that would normally be 

classified Routine and Frequent is 

reviewed by the Office of Management 

and Budget under E.O. 12866, then we 

would classify the action as either 

‘‘Economically Significant’’ or ‘‘Other 

Significant.’’ 

Informational/Administrative/Other: 

An action that is primarily 

informational or pertains to an action 

outside the scope of E.O. 12866. 

Also, if we believe that a rule may be 

‘‘Major’’ as defined in the Congressional 

Review Act (5 U.S.C. 801, et seq. ) 

because it is likely to result in an annual 

effect on the economy of $100 million 

or more or meets other criteria specified 

in this law, we indicate this under the 

‘‘Priority’’ heading with the statement 

‘‘Major under 5 USC 801.’’ 

Legal Authority: The sections of the 

United States Code (USC), Public Law 

(PL), Executive Order (EO), or common 

name of the law that authorizes the 

regulatory action. 

CFR Citation: The sections of the 

Code of Federal Regulations that would 

be affected by the action. 

Legal Deadline: An indication of 

whether the rule is subject to a statutory 

or judicial deadline, the date of that 

deadline, and whether the deadline 

pertains to a Notice of Proposed 

Rulemaking, a Final Action, or some 

other action. 

Abstract: A brief description of the 

problem the action will address. 

Timetable: The dates (and citations) 

that documents for this action were 

published in the Federal Register and, 

where possible, a projected date for the 

next step. Projected publication dates 

frequently change during the course of 

developing an action. The projections in 

the agenda are our best estimates as of 

the date we submit the agenda for 

publication. For some entries, the 

timetable indicates that the date of the 

next action is ‘‘to be determined.’’ 

Regulatory Flexibility Analysis 

Required: Indicates whether EPA has 

prepared or anticipates that it will be 

preparing a regulatory flexibility 

analysis under section 603 or 604 of the 

RFA. Generally, such an analysis is 

required for proposed or final rules 

subject to the RFA that EPA believes 

may have a significant economic impact 

on a substantial number of small 

entities. 

Small Entities Affected: Indicates 

whether we expect the rule to have any 

effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether we expect the rule to have any 

effect on levels of government and, if so, 

whether the governments are State, 

local, tribal, or Federal. 

Federalism Implications: Indicates 

whether the action is expected to have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Unfunded Mandates: Section 202 of 

the Unfunded Mandates Reform Act 

generally requires an assessment of 

anticipated costs and benefits if a rule 

includes a mandate that may result in 

expenditures of more than $100 million 

in any one year by State, local, and 

tribal governments, in the aggregate, or 

by the private sector. If we expect to 

exceed this $100 million threshold, we 

note it in this section. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under E.O. 13211. 

International Trade Impacts: Indicates 

whether the action is likely to have 

international trade or investment effects, 

or otherwise be of international interest. 

Agency Contact: The name, address, 

phone number, and e-mail address, if 

available, of a person who is 

knowledgeable about the regulation. 

SAN Number: An identification 

number that EPA uses to track 

rulemakings and other actions under 

development. 

URLs: For some of our actions, we 

include the Internet addresses for 

reading copies of rulemaking 

documents, submitting comments on 

proposals, and getting more information 

about the rulemaking and the program 

of which it is a part. (Note: To submit 

comments on proposals, you can go to 

our electronic docket, which is at 

www.regulations.gov. Once there, 

follow the online instructions to access 


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EPA 

the docket and submit comments. A 

docket identification (ID) number will 

assist in the search for materials. We 

include this number in the additional 

information section of many of the 

agenda entries that have already been 

proposed.) 

RIN: The Regulation Identifier 

Number is used by OMB to identify and 

track rulemakings. The first four digits 

of the RIN stand for the EPA office with 

lead responsibility for developing the 

action. 

G. How Can I Find Out About 

Rulemakings That Start Up After the 

Regulatory Agenda Is Signed? 

EPA posts monthly information of 

new rulemakings that the Agency’s 

senior managers have decided that we 

should develop. We also distribute this 

list via e-mail. You can see the current 

list, which we call the Action Initiation 

List at 

http://www.epa.gov/lawsregs/search/ 

ail.html where you will also find 

information about how to get an e-mail 

notification when a new list is posted. 

H. What Tools for Mining Regulatory 

Agenda Data and for Finding More 

About EPA Rules and Policies Are 

Available at Reginfo.gov, EPA.gov, and 

Regulations.gov? 

1. The http://www.reginfo.gov/ 

Searchable Database 

The Regulatory Information Service 

Center and Office of Information and 

Regulatory Affairs have revised a 

Federal regulatory dashboard and 

continue to allow users to view the 

Regulatory Agenda database 

(http://www.reginfo.gov/public/do/ 

eAgendaMain), which includes 

powerful search, display and data 

transmission options. At that site you 

can: 

1. See the preamble. At the URL listed 

above for the Unified Agenda and 

Regulatory Plan, find ‘‘Current 

Agenda Agency Preambles.’’ 

Environmental Protection Agency is 

listed alphabetically under ‘‘Other 

Executive Agencies.’’ 

2. Get a complete list of EPA’s entries 

in the current edition of the Agenda. 

Use the drop-down menu in the 

‘‘Select Agency’’ box to find 

Environmental Protection Agency and 

‘‘Submit.’’ 

3. View the contents of all of EPA’s 

entries in the current edition of the 

Agenda. Choose ‘‘Agenda/Regulatory 

Plan Search’’ in the top right corner. 

Within the ‘‘Agenda/Regulatory Plan 

Search’’ screen, open ‘‘Advanced 

Search,’’ then ‘‘Continue.’’ Select 

‘‘Environmental Protection Agency’’ 

and ‘‘Continue.’’ Select ‘‘Search,’’ 

then ‘‘View All RIN Data (Max 350).’’ 

4. Get a listing of entries with specified 

characteristics. Follow the procedure 

described immediately above for 

viewing the contents of all entries, but 

on the screen entitled ‘‘Advanced 

Search - Select Additional Fields,’’ 

choose the characteristics you are 

seeking before ‘‘Search.’’ For example, 

if you wish to see a listing of all 

economically significant actions that 

may have a significant economic 

impact on a substantial number of 

small businesses, you would check 

‘‘Economically Significant’’ under 

‘‘Priority’’ and ‘‘Business’’ under 

‘‘Regulatory Flexibility Analysis 

Required.’’ 

5. Download the results of your 

searches in XML format. 

2. Subject Matter EPA Web sites 

Some actions listed in the Agenda 

include a URL that provides additional 

information. 

3. Public Dockets 

When EPA publishes either an 

Advanced Notice of Proposed 

Rulemaking (ANPRM) or a NPRM in the 

Federal Register, the Agency typically 

establishes a docket to accumulate 

materials throughout the development 

process for that rulemaking. The docket 

serves as the repository for the 

collection of documents or information 

related to a particular Agency action or 

activity. EPA most commonly uses 

dockets for rulemaking actions, but 

dockets may also be used for Regulatory 

Flexibility Act section 610 reviews of 

rules with significant economic impacts 

on a substantial number of small entities 

and for various nonrulemaking 

activities, such as Federal Register 

documents seeking public comments on 

draft guidance, policy statements, 

information collection requests under 

the Paperwork Reduction Act, and other 

non-rule activities. Docket information 

should be in that action’s agenda entry. 

All of EPA’s public dockets can be 

located at www.regulations.gov. 

4. EPA’s Rulemaking Gateway 

EPA’s newly released online 

Rulemaking Gateway 

(www.epa.gov/rulemaking/) serves as a 

portal to EPA’s priority rules, providing 

you with earlier and more concise 

information about Agency regulations. It 

also allows users to search for EPA rules 

that relate to specific interests, 

including impacts on small business; 

children’s health; environmental justice; 

and State, local, and tribal government. 

The Rulemaking Gateway provides 

information as soon as work begins and 

provides updates on a monthly basis as 

new information becomes available. 

Time-sensitive information, such as 

notice of public meetings, is updated on 

a daily basis. Not all of EPA’s regulatory 

agenda entries appear on the 

Rulemaking Gateway; only priority 

rulemakings can be found on the 

Gateway. You may access a definition of 

‘‘priority rulemakings’’ here: 

http://yosemite.epa.gov/ 

opei/RuleGate.nsf/content/ 

about.html?opendocument 

I. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

Section 610 of the RFA requires that 

an agency review, within 10 years of 

promulgation, each rule that has or will 

have a significant economic impact on 

a substantial number of small entities. 

EPA has three rules scheduled for 610 

review in spring 2010. 

Rule Being Reviewed RIN Docket ID 

National Primary Drinking Water Regulations: Radionuclides (Section 

610 Review) 

2040–AF19 EPA-HQ-OW-2010-0166 

Effluent Guidelines and Standards for the Centralized Waste Treatment 

Industry (Section 610 Review) 

2040–AF18 EPA-HQ-OW-2010-0169 


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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21877 

EPA 

Rule Being Reviewed RIN Docket ID 

Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and 

Gasoline Sulfur Standards (Section 610 Review) 

2060–AQ12 EPA-HQ-OAR-2010-0052 

EPA has established official public 

dockets for these 610 Reviews under the 

docket dentification (ID) numbers as 

indicated above. All documents in the 

dockets are listed on the 

www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available; 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the applicable program (Water or Air) 

docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Avenue NW., 

Washington, DC 20460. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566-1744. Unless otherwise 

indicated, please direct your comments 

to the identified docket ID number for 

the specific 610 Review item. For these 

610 Reviews, please DO NOT submit 

CBI or information that is otherwise 

protected by statute. You may submit 

comments using one of the following 

methods: 

1. Electronically. Go directly to 

www.regulations.gov and find 

‘‘Advanced Docket Search.’’ Enter the 

appropriate docket ID number. The 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

If you do submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment. EPA’s policy 

is that EPA will not edit your comment, 

and any identifying or contact 

information provided in the body of a 

comment will be included as part of the 

comment that is placed in the official 

public docket and made available in 

EPA’s electronic public docket. 

2. By Mail . Send your comments to: 

EPA Docket Center (EPA/DC), 

Environmental Protection Agency, 

Docket # [insert applicable docket 

number], 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. 

3. By Hand Delivery or Courier. 

Deliver your comments, identified by 

the Docket # [insert applicable docket 

number], to: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC 20460. The EPA Docket Center 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is (202) 566-1744. Such deliveries are 

only accepted during the docket center’s 

normal hours of operation as identified 

above. For more information on EPA’s 

docket center, please visit 

http://www.epa.gov/epahome/ 

dockets.htm. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. For this 

action, please DO NOT submit CBI or 

information that is otherwise protected 

by statute. 

J. What Other Special Attention Do 

We Give to the Impacts of Rules on 

Small Businesses, Small Governments, 

and Small Nonprofit Organizations? 

For each of our rulemakings, we 

consider whether there will be any 

adverse impact on any small entity. We 

attempt to fit the regulatory 

requirements, to the extent feasible, to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

Under RFA/SBREFA (the Regulatory 

Flexibility Act as amended by the Small 

Business Regulatory Enforcement 

Fairness Act), the Agency must prepare 

a formal analysis of the potential 

negative impacts on small entities, 

convene a Small Business Advocacy 

Review Panel (proposed rule stage), and 

prepare a Small Entity Compliance 

Guide (final rule stage) unless the 

Agency certifies a rule will not have a 

significant economic impact on a 

substantial number of small entities. For 

more detailed information about the 

Agency’s policy and practice with 

respect to implementing RFA/SBREFA, 

please visit the RFA/SBREFA Web site 

at http://www.epa.gov/sbrefa/. 

For a list of the rules under 

development for which a Regulatory 

Flexibility Analysis will be required and 

for a list of rules under development 

that may affect small entities, but not 

significantly affect a substantial number 

of them, go to: 

http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=UnifiedAgenda. 

K. Thank You for Collaborating With 

Us 

Finally, we would like to thank those 

of you who choose to join with us in 

solving the complex issues involved in 

protecting human health and the 

environment. Collaborative efforts such 

as EPA’s open rulemaking process are a 

valuable tool for addressing the 

problems we face, and the regulatory 

agenda is an important part of that 

process. 

Dated: February 25, 2010. 

Louise Wise, 

Deputy Associate Administrator, Office of 

Policy, Economics, and Innovation. 


erowe on DSK5CLS3C1PROD with PROPOSALS
21878 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

EPA 

CLEAN AIR ACT—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

264 SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 

(Section 610 Review) ................................................................................................................................................. 2060–AQ12 

CLEAN AIR ACT—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

265 SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers ........................................................................................................................................ 2060–AM44 

266 National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters ............................................................................................................................. 2060–AQ25 

CLEAN AIR ACT—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

267 SAN No. 5250 Renewable Fuels Standard Program ................................................................................................... 2060–AO81 

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

268 SAN No. 5007 Pesticides; Competency Standards for Occupational Users ................................................................ 2070–AJ20 

269 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions ........................................................... 2070–AJ22 

TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

270 SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting 

Program ....................................................................................................................................................................... 2070–AJ57 

TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

271 SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and 

Painting Program ......................................................................................................................................................... 2070–AJ55 

CLEAN WATER ACT—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

272 SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review) ............................................................................................................................................................................ 2040–AF18 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21879 

EPA 

SAFE DRINKING WATER ACT (SDWA)—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

273 SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610 Review) ........................ 2040–AF19 

SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

274 SAN No. 2281 National Primary Drinking Water Regulations: Radon ......................................................................... 2040–AA94 

Environmental Protection Agency (EPA) Prerule Stage 

Clean Air Act 

264. ∑ TIER II LIGHT–DUTY VEHICLE 

AND LIGHT–DUTY TRUCK EMISSION 

STANDARDS AND GASOLINE 

SULFUR STANDARDS (SECTION 610 

REVIEW) 

Legal Authority: 5 USC 610 

Abstract: On February 10, 2000 (65 FR 

6698), EPA promulgated a regulation to 

require emission standards for lightduty vehicles and light-duty trucks 

through lowering tailpipe emission 

standards. Specifically, EPA sought to 

reduce emissions of nitrogen oxides 

and non-methane hydrocarbons, 

pollutants which contribute to ozone 

pollution. The rulemaking also 

provided limitations on the sulfur 

content of gasoline available 

nationwide. Sulfur in gasoline has a 

detrimental impact on catalyst 

performance and could be a limiting 

factor in the introduction of advanced 

technologies on motor vehicles. 

Pursuant to section 610 of the 

Regulatory Flexibility Act, on February 

19, 2010, EPA initiated a review of this 

rule to determine if it should be 

continued without change, or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities (75 FR 7426). As part of this 

review, EPA is considering, and has 

solicited comments on, the following 

factors: (1) The continued need for the 

rule; (2) the nature of complaints or 

comments received concerning the rule; 

(3) the complexity of the rule; (4) the 

extent to which the rule overlaps, 

duplicates, or conflicts with other 

Federal, State, or local government 

rules; and (5) the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the rule. The results of 

EPA’s review will be summarized in a 

report and placed in the docket EPAHQ-OAR-2010-0052. This docket can be 

accessed at www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule 02/10/00 65 FR 6698 

Begin Review 02/19/10 75 FR 7426 

End Comment Period 03/22/10 

End Review 10/00/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Tad Wysor, 

Environmental Protection Agency, Air 

and Radiation, USEPA, Ann Arbor, MI 

48105 

Phone: 734 214–4332 

Fax: 734 214–4816 

Email: wysor.tad@epamail.epa.gov 

Tom Eagles, Environmental Protection 

Agency, Air and Radiation, 6103A, 

Washington, DC 20460 

Phone: 202 564–1952 

Fax: 202 564–1554 

Email: eagles.tom@epamail.epa.gov 

RIN: 2060–AQ12 

Environmental Protection Agency (EPA) Proposed Rule Stage 

Clean Air Act 

265. NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR AREA SOURCES: 

INDUSTRIAL, COMMERCIAL, AND 

INSTITUTIONAL BOILERS 

Legal Authority: Clean Air Act sec 112 

Abstract: Section 112 of the Clean Air 

Act (CAA) outlines the statutory 

requirements for EPA’s stationary 

source air toxics program. Section 112 

mandates that EPA develop standards 

for hazardous air pollutants (HAP) for 

both major and area sources listed 

under section 112(c). This regulatory 

action will develop emission standards 

for boilers located at area sources. 

Section 112(k) requires development of 

standards for area sources, which 

account for 90 percent of the emissions 

in urban areas of the 30 urban (HAP) 

listed in the Integrated Urban Air 

Toxics Strategy. These area source 

standards can require control levels 

which are equivalent to either MACT 

or generally available control 

technology (GACT). The Integrated Air 

Toxics Strategy lists industrial boilers 

and commercial/institutional boilers as 

area source categories for regulation 

pursuant to Section 112(c). Industrial 

boilers and institutional/commercial 

boilers are on the list of section 

112(c)(6) source categories. In this 

rulemaking, EPA will develop 

standards for these source categories. 


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21880 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

EPA—Clean Air Act Proposed Rule Stage 

Timetable: 

Action Date FR Cite 

NPRM 04/00/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Jim Eddinger, 

Environmental Protection Agency, Air 

and Radiation, C439–01, Research 

Triangle Park, NC 27711 

Phone: 919 541–5426 

Email: eddinger.jim@epamail.epa.gov 

RobertJ Wayland, Environmental 

Protection Agency, Air and Radiation, 

D243–01, RTP, NC 27711 

Phone: 919 541–1045 

Fax: 919 541–5450 

Email: 

wayland.robertj@epamail.epa.gov 

RIN: 2060–AM44 

266. ∑ NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR MAJOR SOURCE 

INDUSTRIAL, COMMERCIAL, AND 

INSTITUTIONAL BOILERS AND 

PROCESS HEATERS 

Legal Authority: Clean Air Act sec 112 

Abstract: Section 112 of the Clean Air 

Act (CAA) outlines the statutory 

requirements for EPA’s stationary 

source air toxics program. Section 112 

mandates that EPA develop standards 

for hazardous air pollutants (HAP) for 

both major and area sources listed 

under section 112(c). This regulatory 

action will develop emission standards 

for boilers and process heaters located 

at major sources. Section 112(d)(2) 

requires that emission standards for 

major sources be based on the 

maximum achievable control 

technology (MACT). Industrial boilers 

and institutional/commercial boilers are 

on the list of section 112(c)(6) source 

categories. In this rulemaking, EPA will 

develop standards for these source 

categories. 

Timetable: 

Action Date FR Cite 

NPRM 04/00/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Eddinger, 

Environmental Protection Agency, Air 

and Radiation, C439–01, Research 

Triangle Park, NC 27711 

Phone: 919 541–5426 

Fax: 919 541–5450 

Email: eddinger.jim@epa.gov 

Robert J. Wayland, Environmental 

Protection Agency, Air and Radiation, 

C439–01, RTP, NC 27711 

Phone: 919 541–1045 

Fax: 919 541–5450 

Email: 

wayland.robertj@epamail.epa.gov 

RIN: 2060–AQ25 

Environmental Protection Agency (EPA) Completed Actions 

Clean Air Act 

267. RENEWABLE FUELS STANDARD 

PROGRAM 

Legal Authority: Clean Air Act sec 

211(o) 

Abstract: This rulemaking will 

implement provisions in title II of the 

2007 Energy Independence and 

Security Act (EISA) that amend section 

211(o) of the Clean Air Act. The 

amendments revise the National 

Renewable Fuels Standard Program in 

the United States, increasing the 

national requirement to a total of 36 

billion gallons of total renewable fuel 

in 2022. Application of the new 

standards now apply to diesel fuel 

producers in addition to gasoline 

producers and to nonroad fuels in 

addition to highway fuels. The new 

requirements also establish new 

renewable fuel categories and specific 

volume standards for cellulosic and 

advanced renewable fuels, biomass 

based diesel and total renewable fuels. 

Further, the amendments establish new 

eligibility requirements for meeting the 

renewable fuel standards including 

application of a specific definition for 

biomass, restrictions on what land 

feedstocks can come from and establish 

minimum lifecycle greenhouse gas 

reduction thresholds for the various 

categories of renewable fuels. 

Timetable: 

Action Date FR Cite 

NPRM 05/26/09 74 FR 24903 

NPRM Comment 

Period Extended 

07/07/09 74 FR 32091 

NPRM Comment 

Period End 

07/27/09 

Action Date FR Cite 

NPRM Comment 

Period Extended To 

09/25/09 

Final Action 03/26/10 75 FR 14670 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Paul Argyropoulos, 

Environmental Protection Agency, Air 

and Radiation, 6520J ARN, Washington, 

DC 20460 

Phone: 202 564–1123 

Fax: 202 564–1686 

Email: argyropoulos.paul@epa.gov 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105 

Phone: 734 214–4507 

Email: korotney.david@epamail.epa.gov 

RIN: 2060–AO81 


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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21881 

Environmental Protection Agency (EPA) Long-Term Actions 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 

268. PESTICIDES; COMPETENCY 

STANDARDS FOR OCCUPATIONAL 

USERS 

Legal Authority: 7 USC 136; 7 USC 

136i; 7 USC 136w 

Abstract: The EPA is proposing to 

change the Federal regulations under 

the Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA) that guide the 

certified pesticide applicator program 

(40 CFR 171). Change is sought to 

strengthen the regulations to better 

protect pesticide applicators and the 

public and the environment from harm 

due to pesticide exposure. The possible 

need for change arose from EPA 

discussions with key stakeholders. EPA 

has been in extensive discussions with 

stakeholders since 1997 when the 

Certification and Training Assessment 

Group (CTAG) was established. CTAG 

is a forum used by regulatory and 

academic stakeholders to discuss the 

current state of, and the need for 

improvements in, the national certified 

pesticide applicator program. 

Throughout these extensive interactions 

with stakeholders, EPA has learned of 

the potential need for changes to the 

regulation. 

Timetable: 

Action Date FR Cite 

NPRM 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Kathy Davis, 

Environmental Protection Agency, 

Office of Prevention, Pesticides and 

Toxic Substances, 7506P, Washington, 

DC 20460 

Phone: 703 308–7002 

Fax: 703 308–2962 

Email: davis.kathy@epa.gov 

Richard Pont, Environmental Protection 

Agency, Office of Prevention, Pesticides 

and Toxic Substances, 7506P, 

Washington, DC 20460 

Phone: 703 305–6448 

Fax: 703 308–2962 

Email: pont.richard@epa.gov 

RIN: 2070–AJ20 

269. PESTICIDES; AGRICULTURAL 

WORKER PROTECTION STANDARD 

REVISIONS 

Legal Authority: 7 USC 136; 7 USC 

136w 

Abstract: The EPA is developing a 

proposal under the Federal Insecticide, 

Fungicide and Rodenticide Act (FIFRA) 

to revise the federal regulations guiding 

agricultural worker protection (40 CFR 

170). The changes under consideration 

are intended to improve agricultural 

workers’ ability to protect themselves 

from potential exposure to pesticides 

and pesticide residues. In addition, 

EPA is proposing to make adjustments 

to improve and clarify current 

requirements and facilitate 

enforcement. Other changes sought are 

to establish a right-to-know Hazard 

Communication program and make 

improvements to pesticide safety 

training, with improved worker safety 

the intended outcome. The potential 

need for change arose from EPA 

discussions with key stakeholders 

beginning in 1996 and continuing 

through 2004. EPA held nine public 

meetings throughout the country during 

which the public submitted written and 

verbal comments on issues of their 

concern. In 2000 through 2004, EPA 

held meetings where invited 

stakeholders identified their issues and 

concerns with the regulations. 

Timetable: 

Action Date FR Cite 

NPRM 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Kathy Davis, 

Environmental Protection Agency, 

Office of Prevention, Pesticides and 

Toxic Substances, 7506P, Washington, 

DC 20460 

Phone: 703 308–7002 

Fax: 703 308–2962 

Email: davis.kathy@epa.gov 

Richard Pont, Environmental Protection 

Agency, Office of Prevention, Pesticides 

and Toxic Substances, 7506P, 

Washington, DC 20460 

Phone: 703 305–6448 

Fax: 703 308–2962 

Email: pont.richard@epa.gov 

RIN: 2070–AJ22 

Environmental Protection Agency (EPA) Proposed Rule Stage 

Toxic Substances Control Act (TSCA) 

270. LEAD; CLEARANCE AND 

CLEARANCE TESTING 

REQUIREMENTS FOR THE 

RENOVATION, REPAIR, AND 

PAINTING PROGRAM 

Legal Authority: 15 USC 2601(c); 15 

USC 2682(c)(3); 15 USC 2684; 15 USC 

2686; 15 USC 2687 

Abstract: EPA intends to propose 

several revisions to the 2008 Lead 

Renovation, Repair, and Painting 

Program (RRP) rule that established 

accreditation, training, certification, 

and recordkeeping requirements as well 

as work practice standards for persons 

performing renovations for 

compensation in most pre-1978 housing 

and child-occupied facilities. Current 

requirements include training 

renovators, other renovation workers, 

and dust sampling technicians; for 

certifying renovators, dust sampling 

technicians, and renovation firms; for 

accrediting providers of renovation and 

dust sampling technician training; for 

renovation work practices; and for 

recordkeeping. EPA is particularly 

concerned about dust lead hazards 

generated by renovations because 

children, especially younger children, 

are at risk for high exposures of leadbased paint dust via hand-to-mouth 

exposure. For this particular action, 

EPA will consider whether to establish 

additional requirements to ensure that 

renovation work areas are adequately 

cleaned after renovation work is 

finished and before the areas are reoccupied. These additional 

requirements may include dust wipe 

testing after renovations and ensuring 

that renovation work areas meet 

clearance standards before reoccupancy. 

Timetable: 

Action Date FR Cite 

NPRM 04/00/10 

Final Action 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Cindy Wheeler, 

Environmental Protection Agency, 

Office of Prevention, Pesticides and 

Toxic Substances, 7404T, Washington, 

DC 20460 


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21882 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage 

Phone: 202 566–0484 

Email: wheeler.cindy@epa.gov 

Michelle Price, Environmental 

Protection Agency, Office of 

Prevention, Pesticides and Toxic 

Substances, 7404T, Washington, DC 

20460 

Phone: 202 566–0744 

Email: price.michelle@epa.gov 

RIN: 2070–AJ57 

Environmental Protection Agency (EPA) Final Rule Stage 

Toxic Substances Control Act (TSCA) 

271. LEAD; AMENDMENT TO THE 

OPT–OUT AND RECORDKEEPING 

PROVISIONS IN THE RENOVATION, 

REPAIR, AND PAINTING PROGRAM 

Legal Authority: 15 USC 2601(c); 15 

USC 2682(c)(3); 15 USC 2684; 15 USC 

2686; 15 USC 2687 

Abstract: As part of a lawsuit 

settlement, EPA agreed to propose 

several revisions to the 2008 Lead 

Renovation, Repair, and Painting 

Program (RRP) rule that established 

accreditation, training, certification, 

and recordkeeping requirements as well 

as work practice standards on persons 

performing renovations for 

compensation in most pre-1978 housing 

and child-occupied facilities. In 

October of 2008, EPA proposed 

amendments to the opt-out provision 

that currently exempts a renovator from 

the training and work practice 

requirements of the rule when he or 

she obtains a certification from the 

owner of a residence he or she occupies 

that no child under age 6 or pregnant 

women resides in the home and the 

home is not a child-occupied facility. 

EPA also proposed revisions that 

involve renovation firms providing the 

owner with a copy of the records they 

are currently required to maintain to 

demonstrate compliance with the 

training and work practice 

requirements of the RRP rule and, if 

different, providing the information to 

the occupant of the building being 

renovated or the operator of the childoccupied facility. In addition to the 

proposed amendments, EPA considered 

various minor amendments to the 

regulations concerning training 

provider accreditations, renovator 

certifications and State and tribal 

program requirements. 

Timetable: 

Action Date FR Cite 

NPRM 10/28/09 74 FR 55506 

Action Date FR Cite 

NPRM Comment 

Period End 

11/27/09 

Final Action 04/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Marc Edmonds, 

Environmental Protection Agency, 

Office of Prevention, Pesticides and 

Toxic Substances, 7404T, Washington, 

DC 20460 

Phone: 202 566–0758 

Email: edmonds.marc@epa.gov 

Michelle Price, Environmental 

Protection Agency, Office of 

Prevention, Pesticides and Toxic 

Substances, 7404T, Washington, DC 

20460 

Phone: 202 566–0744 

Email: price.michelle@epa.gov 

RIN: 2070–AJ55 

Environmental Protection Agency (EPA) Prerule Stage 

Clean Water Act 

272. ∑ EFFLUENT GUIDELINES AND 

STANDARDS FOR THE CENTRALIZED 

WASTE TREATMENT INDUSTRY 

(SECTION 610 REVIEW) 

Legal Authority: 5 USC 610 

Abstract: In December 2000, EPA 

promulgated effluent limitations for the 

Centralized Waste Treatment (CWT) 

Point Source Category at 40 CFR 437 

(65 FR 81241, December 22, 2000). A 

CWT facility treats or recovers 

hazardous or non-hazardous industrial 

waste, wastewater, or used material 

from off-site. The regulation established 

wastewater discharge standards for 

three major types of wastes: metalbearing, oily, and organic. EPA issued 

a Small Entity Compliance Guide, 

which provides easy-to-read 

descriptions of the regulations and 

other helpful information on how to 

comply such as a question and answer 

section. 

EPA announces this new action, 

pursuant to Section 610 of the 

Regulatory Flexibility Act, to initiate a 

review of the rule to determine if it 

should be continued without change, or 

should be rescinded or amended to 

minimize adverse economic impacts on 

small entities. As part of this review, 

EPA will consider, and solicits 

comments on, the following factors: (1) 

The continued need for the rule; (2) 

the nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent 

to which the rule overlaps, duplicates, 

or conflicts with other Federal, State, 

or local government rules; and (5) the 

degree to which technology, economic 

conditions, or other factors have 

changed in the area affected by the 

rule. Comments must be received by 90 

days from this publication. In 

submitting comments, please reference 

Docket ID number EPA-HQ-OW-2010- 

0169, and follow the instructions 

provided in an earlier section of the 

preamble to this issue of the Regulatory 

Agenda. EPA will summarize the 

results of this review in a report and 

place that report in the rulemaking 

docket referenced above. You can 

access that docket at 

www.regulations.gov. 

EPA continues to view the effluent 

limitations for the CWT category as a 

necessary component of the 

comprehensive program to restore and 

maintain the quality of our Nation’s 

waters. EPA intends to continue to 

require compliance with the regulation. 

Until and unless the Agency modifies 

the rule, the discharges described in 40 

CFR 437.1 remain subject to the final 

rules. 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21883 

EPA—Clean Water Act Prerule Stage 

Timetable: 

Action Date FR Cite 

Final Rule 12/22/00 65 FR 81241 

Begin Review 04/00/10 

End Comment Period 07/00/10 

End Review 12/00/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Erik Helm, 

Environmental Protection Agency, 

4303T, Washington, DC 20460 

Phone: 202 566–1049 

Fax: 202 566–1053 

Email: helm.erik@epa.gov 

RIN: 2040–AF18 

Environmental Protection Agency (EPA) Prerule Stage 

Safe Drinking Water Act (SDWA) 

273. ∑ NATIONAL PRIMARY DRINKING 

WATER REGULATIONS: 

RADIONUCLIDES (SECTION 610 

REVIEW) 

Legal Authority: 5 USC 610 

Abstract: On December 7, 2000 (65 FR 

76708), EPA promulgated final revised 

and/or new national primary drinking 

water regulations (NPDWRs) for nonradon radionuclides as authorized by 

the Safe Drinking Water Act. In this 

action, referred to as the Radionuclides 

Rule, EPA promulgated maximum 

contaminant level goals (MCLGs), 

maximum contaminant levels (MCLs), 

monitoring, reporting, and public 

notification requirements for gross 

alpha particle activity, combined 

radium-226 and 228, beta particle and 

photon activity and uranium. The 

Radionuclides Rule became effective on 

December 8, 2003. EPA developed a 

Final Regulatory Flexibility Analysis 

for the Radionuclides Rule and took 

several steps to lessen the impacts on 

small entities (i.e., small systems). 

These steps included: (1) The selection 

of a less stringent MCL for uranium, 

(2) a reduction in the overall 

monitoring frequencies for systems 

with radionuclides levels less than the 

MCL, (3) allowance of grandfathered 

data and State monitoring discretion for 

determining the initial monitoring 

baseline, and (4) the exclusion of nontransient, non-community water 

systems from the radionuclides 

regulations. EPA continues to view the 

NPDWRs for radionuclides as important 

components to ensuring and protecting 

the health of consumers served by 

public drinking water systems and 

intends to continue to require 

compliance with these NPDWRs. 

While EPA has taken steps to evaluate 

and mitigate impacts on small entities 

as part of the promulgation of the 

Radonuclides Rule, this new entry in 

the regulatory agenda announces that 

EPA will review the NPDWRs for 

radionuclides pursuant to section 610 

of the Regulatory Flexibility Act (5 

U.S.C. 610). As part of this review, EPA 

will consider and solicit comments on 

the following factors: (1) The continued 

need for the rule; (2) the nature of 

complaints or comments received 

concerning the rule; (3) the complexity 

of the rule; (4) the extent to which the 

rule overlaps, duplicates, or conflicts 

with other Federal, State, or local 

government rules; and (5) the degree 

to which the technology, economic 

conditions or other factors have 

changed in the area affected by the 

rule. Comments must be received 

within 90 days of this notice. In 

submitting comments, please reference 

Docket ID EPA-HQ-OW-2010-0166 and 

follow the instructions provided in the 

preamble to this issue of the Regulatory 

Agenda. This docket can be accessed 

at www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule 12/07/00 65 FR 76708 

Begin Review 04/00/10 

End Comment Period 07/00/10 

End Review 12/00/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Sandy Evalenko, 

Environmental Protection Agency, 

Water, 4101M, Washington, DC 20460 

Phone: 202 564–0264 

Fax: 202 564–0194 

Email: evalenko.sandy@epamail.epa.gov 

Stephanie Flaharty, Environmental 

Protection Agency, Water, 4601M, 

Washington, DC 20460 

Phone: 202 564–5072 

Fax: 202 564–3753 

Email: 

flaharty.stephanie@epamail.epa.gov 

RIN: 2040–AF19 

Environmental Protection Agency (EPA) Long-Term Actions 

Safe Drinking Water Act (SDWA) 

274. NATIONAL PRIMARY DRINKING 

WATER REGULATIONS: RADON 

Legal Authority: 42 USC 300f et seq 

Abstract: In 1999, EPA proposed 

regulations for radon which provide 

flexibility in how to manage the health 

risks from radon in drinking water. The 

proposal was based on the unique 

framework in the 1996 SDWA. The 

proposed regulation would provide for 

either a maximum contaminant level 

(MCL), or an alternative maximum 

contaminant level (AMCL) with a 

multimedia mitigation (MMM) program 

to address radon in indoor air. Under 

the proposal, public water systems in 

States that adopted qualifying MMM 

programs would be subject to the 

AMCL, while those in States that did 

not adopt such programs would be 

subject to the MCL. 

Timetable: 

Action Date FR Cite 

ANPRM 09/30/86 51 FR 34836 

NPRM original 07/18/91 56 FR 33050 

Notice99 02/26/99 64 FR 9560 

NPRM 11/02/99 64 FR 59246 

NPRM Comment 

Period End 

01/03/00 

Final Action To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 


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21884 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 

EPA—Safe Drinking Water Act (SDWA) Long-Term Actions 

Agency Contact: Rebecca Allen, 

Environmental Protection Agency, 

Water, 4607M, Washington, DC 20460 

Phone: 202 564–4689 

Fax: 202 564–3760 

Email: allen.rebeccak@epamail.epa.gov 

Eric Burneson, Environmental 

Protection Agency, Water, 4607M, 

Washington, DC 20460 

Phone: 202 564–5250 

Email: burneson.eric@epa.gov 

RIN: 2040–AA94 

[FR Doc. 2010–8940 Filed 04–23–10; 8:45 

am] 

BILLING CODE 6560–50–S 


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