## Monday, April 26, 2010



# Part XIV



# Environmental Protection Agency

Semiannual Regulatory Agenda


### 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 soonas 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, weare shifting EPA’s focus to address highconcern chemicals and filling data gaps on widely produced chemicals incommerce. 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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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 certainmajor 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 currentlyregistered 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 andwww.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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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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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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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.


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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–AM44266 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


### 21879 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

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 torequire 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 areport 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.


### 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


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

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 isfinished and before the areas are reoccupied. These additional requirements may include dust wipe testing after renovations and ensuring that renovation work areas meetclearance 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


### 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 beingrenovated 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 forthree 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.


### 21883 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda

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 drinkingwater 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 monitoringbaseline, 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


### 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