40118 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[9267–5] 

EPA–HQ–OA–2007–1172 

EPA–HQ–OW–2010–0169 

EPA–HQ–OW–2010–0728 

Spring 2011 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 http://www.reginfo.gov and at http:// 

www.regulations.gov to update the 

public about: 

• Regulations and major policies 

currently under development, 

• Reviews of existing regulations and 

major policies, and 

• Rules and major policymakings 

completed or canceled since the last 

agenda. 

Definitions 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that, until 2007, was 

published in the Federal Register but 

that now is 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. We 

continue to publish it in the Federal 

Register because that is what is required 

by the Regulatory Flexibility Act of 

1980. 

‘‘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 an 

online portal to EPA’s priority rules 

with earlier and more frequently 

updated information about these 

priority actions. See section H for more 

information about the Rulemaking 

Gateway. 

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 a mailing list for 

updated information on rules under 

development: If you would like to 

receive an e-mail with a link to new 

semiannual regulatory agendas as soon 

as they are published, please send an 

e-mail message with your name and 

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

‘‘E-Regulatory Agenda: Electronic Copy’’ 

in the subject line. 

If you would like to regularly receive 

information about the rules newly 

approved for development, sign up for 

our monthly Action Initiation List by 

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

search/ail.html#notification and 

completing the steps listed there. 

You can track progress on various 

aspects of EPA’s priority rulemakings by 

signing up for RSS feeds from the 

Rulemaking Gateway at http:// 

yosemite.epa.gov/opei/RuleGate.nsf/ 

content/getalerts.html?opendocument. 

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 You 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 Type 

Information 

Type of information Online locations Federal Register 

location 

Semiannual Regulatory Agenda .............. http://www.reginfo.gov/, http://www.regulations.gov, and http://www.epa.gov/ 

lawsregs/search/regagenda.html.

Not in FR 

Semiannual Regulatory Flexibility Agenda.http://www.reginfo.gov/, www.regulations.gov, and http://www.epa.gov/lawsregs/ 

search/regagenda.html.

Part XIV of today’s issue 

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

main?main=DocketDetail&d=EPA–HQ-OA-2008-0265 and http://www.epa.gov/ 

lawsregs/search/ail.html.

Not in FR 

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

B. What Are EPA’s Regulatory 

Priorities, and What Key Principles, 

Statutes, and Executive Orders Guide 

Our Rule and Policymaking Process? 

Priorities 

Our priorities for fiscal years 2011– 

2015 are laid out in our FY 2011–2015 

Strategic Plan which includes five overarching strategic goals and five crosscutting fundamental strategies for how 

we approach our work. The five 

strategic goals are: 

1. Taking Action on Climate Change 

and Improving Air Quality; 

2. Protecting America’s Waters; 

3. Cleaning Up Communities and 

Advancing Sustainable Development; 

4. Ensuring the Safety of Chemicals 

and Preventing Pollution; 

5. Enforcing Environmental Laws. 

And the five fundamental crosscutting strategies are: 

1. Expanding the Conversation on 

Environmentalism; 

2. Working for Environmental Justice 

and Children’s Health; 

3. Advancing Science, Research, and 

Technological Innovation; 


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4. Strengthening State, Tribal, and 

International Partnerships; 

5. Strengthening the EPA’s Work 

Force and Capabilities. 

To see the entire Strategic Plan; see 

the link at http://www.epa.gov/ 

planandbudget/strategicplan.html. 

Other Key Principles, Statutes, and 

Executive Orders Guiding Our Rule and 

Policymaking Process 

EPA’s strength has always been our 

ability to adapt to the constantly 

changing face of environmental 

protection as our economy and society 

evolve, and science teaches us more 

about how humans interact with and 

affect the natural world. Now, more 

than ever, EPA must be innovative and 

forward looking because the 

environmental challenges faced by 

Americans all across our country are 

unprecedented. 

In addition to meeting its mission 

goals and priorities as described above, 

EPA has begun a new initiative under 

Executive Order (EO) 13563, Improving 

Regulation and Regulatory Review, to 

conduct periodic retrospective review of 

existing significant regulations. This 

review is intended to determine 

whether any such regulations should be 

modified, streamlined, expanded, or 

repealed, so as to make the Agency’s 

regulatory program more effective or 

less burdensome in achieving the 

regulatory objectives. More information 

about this review is available at http:// 

www.epa.gov/improvingregulations/. 

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; as 

supplemented by Executive Order 

13563, Improving Regulation and 

Regulatory Review; 76 FR 3821; January 

21, 2011), 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 

encourage 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). 

Instructions on how to submit your 

comments are provided in each Notice 

of Proposed Rulemaking (NPRMs). To 

be most effective, comments should 

contain information and data that 

support your position, and you also 

should explain why EPA 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. 

EPA believes our actions will be more 

cost-effective and protective if the 

development process includes 

stakeholders working with us to help 

identify the most practical and effective 

solutions to problems. Democracy gives 

real power to individual citizens, but 

with that power comes responsibility. 

You are urged 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 

e-Agenda. However, there is no legal 

significance to the omission of an item 

from the agenda, and EPA generally 

does not include the following 

categories of actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the Clean Air Act: Revisions 

to State Implementation Plans; 

Equivalent Methods for Ambient Air 

Quality Monitoring; Deletions from the 

New Source Performance Standards 

source categories list; Delegations of 

Authority to States; Area Designations 

for Air Quality Planning Purposes; 

• Under the Federal Insecticide, 

Fungicide, and Rodenticide Act: 

Registration-related decisions, actions 

affecting the status of currently 

registered pesticides, and data call-ins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under the Resource Conservation 

and Recovery Act: Authorization of 

State solid waste management plans; 

hazardous waste delisting petitions; 

• Under the Clean Water Act: State 

Water Quality Standards; deletions from 

the section 307(a) list of toxic 

pollutants; suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES); delegations of NPDES 

authority to States; 

• Under the Safe Drinking Water Act: 

Actions on State underground injection 

control programs. 

The Regulatory Flexibility Agenda 

normally includes: 

• Actions 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. We are 

closing the 610 review for two rules in 

2011. 

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, which is 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), 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 2012. We urge you to explore 

becoming involved even if an action is 

listed in the Long-Term category. By the 


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time an action is listed in the Proposed 

Rules category, you may have missed 

the opportunity to participate in certain 

public meetings or policy dialogues. 

5. Completed Actions—this section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the Fall 2010 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 the Agency 

decides to initiate the action again, in 

which case it will appear as a new 

entry. EPA also announces the results 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? 

The Regulatory Flexibility Agenda 

entries include only the nine categories 

of information that are required by the 

Regulatory Flexibility Act of 1980 and 

by Federal Register Agenda printing 

requirements: Sequence Number, RIN, 

Title, Description, Statutory Authority, 

Section 610 Review, if applicable, 

Regulatory Flexibility Analysis 

Required, Schedule, and Contact 

Person. The E-Agenda has much more 

extensive information on these actions 

including such things as e-mail 

addresses and Internet URLs for 

additional information. 

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 EO 

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 EO 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 EO 12866. 

Also, if 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, appears under the ‘‘Priority’’ 

heading with the statement ‘‘Major 

under 5 U.S.C. 801.’’ 

Legal Authority: The sections of the 

United States Code (U.S.C.), Public Law 

(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 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 the rule is anticipated to have 

any effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether the rule may 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 it is anticipated 

to exceed this $100 million threshold, 

we note it in this section. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under EO 13211. 

Sectors Affected: Indicates the main 

economic sectors regulated by the 

action. The regulated parties are 

identified by their North American 

Industry Classification System (NAICS) 

codes. These codes were created by the 

Census Bureau for collecting, analyzing, 

and publishing statistical data on the 

U.S. economy. There are more than 

1,000 NAICS codes for sectors in 

agriculture, mining, manufacturing, 

services, and public administration. 

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. 


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Additional Information: Other 

information about the action including 

docket information. 

URLs: For some actions, the Internet 

addresses are included 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 the associated 

electronic docket, which is housed at 

www.regulations.gov. Once there, follow 

the online instructions to access the 

docket in question 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 You 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. This list is also 

distributed via e-mail. You can see the 

current list, known as 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 a Federal 

regulatory dashboard that allows 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 ‘‘Search’’ from the 

‘‘Unified Agenda’’ selection in the 

toolbar at the top of the page. Within the 

‘‘Search of Agenda/Regulatory Plan’’ 

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 non-rulemaking 

activities, such as Federal Register 

documents seeking public comments on 

draft guidance, policy statements, 

information collection requests under 

the Paperwork Reduction Act, and other 

non-rule activities. 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 Rulemaking Gateway (http:// 

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

portal to EPA’s priority rules, providing 

you with earlier and more frequently 

updated information about Agency 

regulations than is provided by the 

Regulatory Agenda. 

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 a public meeting, 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. 

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 is closing the 610 review for two 

rules in 2011. 

Rule reviewed RIN Docket ID No. 

Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review).2040–AF18 EPA–HQ–OW–2010–0169 

National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New 

Source Contaminants Monitoring (Section 610 Review).

2040–AF24 EPA–HQ–OW–2010–0728 

EPA has established official public 

dockets for these 610 Reviews under the 

docket identification (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, 


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is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Water docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 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. 

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. EPA 

attempts 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, go 

to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=UnifiedAgenda and click 

on Regulatory Flexibility Analysis— 

Required toward the bottom of the page. 

K. Thank You for Collaborating With 

Us 

Finally, we would like to thank those 

of you who choose to join with us in 

making progress on the complex issues 

involved in protecting human health 

and the environment. Collaborative 

efforts such as EPA’s open rulemaking 

process are a valuable tool for 

addressing the problems we face, and 

the regulatory agenda is an important 

part of that process. 

Dated: March 15, 2011. 

Louise Wise, 

Deputy Associate Administrator, Office of 

Policy. 

10CLEAN AIR ACT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

266 .................... National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-fired Electric Utility Steam

Generating Units and Standards of Performance for Electric Utility Steam Generating Units.

2060–AP52 

267 .................... Revision of New Source Performance Standards for New Residential Wood Heaters .................................. 2060–AP93 

10CLEAN AIR ACT—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

268 .................... Implementation of the 1997 8–Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to 

AntiBacksliding Provisions; Deletion of Obsolete 1–Hr Ozone Standard Provisions.

2060–AO96 

269 .................... Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm 

Oil.

2060–AQ36 

10CLEAN AIR ACT—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

270 .................... SAN No. 5367 NESHAP: Brick and Structural Clay Products and Clay Products ......................................... 2060–AP69 

271 .................... Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Pulpwood.2060–AQ49 

272 .................... Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Sorghum.2060–AQ64 

10CLEAN AIR ACT—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

273 .................... National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and 

Institutional Boilers.

2060–AM44 

274 .................... National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial & Institutional Boilers and Process Heaters.2060–AQ25 


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FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

275 .................... Pesticides; Certification of Pesticide Applicators ............................................................................................. 2070–AJ20 

276 .................... Pesticides; Agricultural Worker Protection Standard Revisions ...................................................................... 2070–AJ22 

277 .................... Pesticides; Reconsideration of Exemptions for Insect Repellents .................................................................. 2070–AJ45 

TOXIC SUBSTANCES CONTROL ACT (TSCA)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

278 .................... Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings ............................... 2070–AJ56 

279 .................... Formaldehyde Emissions From Pressed Wood Products ............................................................................... 2070–AJ44 

TOXIC SUBSTANCE CONTOL ACT (TSCA)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

280 .................... Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program 2070–AJ57 

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

281 .................... Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard 

Rock Mining Industry.

2050–AG61 

70CLEAN WATER ACT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

282 .................... Stormwater Regulations Revision to Address Discharges From Developed Sites ......................................... 2040–AF13 

70CLEAN WATER ACT—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

283 .................... Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (COMPLETION OF A SECTION 610 REVIEW).2040–AF18 

SAFE DRINKING WATER ACT (SDWA)—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

284 .................... National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source 

Contaminants Monitoring (SECTION 610 REVIEW).

2040–AF24 

SAFE DRINKING WATER ACT (SDWA)—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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


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ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10Clean Air Act 

Proposed Rule Stage 

266. National Emission Standards for 

Hazardous Air Pollutants from Coal– 

and Oil–Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Electric Utility Steam 

Generating Units 

Legal Authority: Clean Air Act sec 

112(d); Clean Air Act sec 111(b) 

Abstract: On May 18, 2005 (70 FR 

28606), EPA published a final rule 

requiring reductions in emissions of 

mercury from Electric Utility Steam 

Generating Units. That rule was vacated 

on February 8, 2008, by the U.S. Court 

of Appeals for the District of Columbia 

Circuit. As a result of that vacatur, coaland oil-fired electric utility steam 

generating units remain on the list of 

sources that must be regulated under 

section 112 of the Clean Air Act (CAA). 

The Agency will develop standards 

under CAA section 112(d) which will 

reduce hazardous air pollutant (HAP) 

emissions from this source category. 

Recent court decisions on other CAA 

section 112(d) rules will be considered 

in developing this regulation. 

Under this action EPA will also 

propose amendments to the criteria 

pollutant new source performance 

standards (NSPS) for utilities. On 

February 27, 2006, EPA promulgated 

amendments to the utility NSPS and 

was subsequently sued by multiple state 

attorney general offices and 

environmental organizations. On 

September 2, 2009, EPA was granted a 

voluntary remand without vacatur of the 

2006 amendments. Combining the two 

rules is a single action provides 

interested parties the opportunity to 

provide comments on the combined 

requirements of the 2 rules. It also 

avoids double counting either costs or 

environmental benefits of the separate 

rules. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/03/11 76 FR 24976 

NPRM Comment 

Period End.

07/05/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Bill Maxwell, 

Environmental Protection Agency, Air 

and Radiation, D243–01, RTP, NC 

27711, Phone: 919 541–5430, Fax: 919 

541–5450, E-mail: 

maxwell.bill@epamail.epa.gov. 

Robert J Wayland, Environmental 

Protection Agency, Air and Radiation, 

C439–01, Research Triangle Park, NC 

27711, Phone: 919 541–1045, E-mail: 

wayland.robertj@epamail.epa.gov. 

RIN: 2060–AP52 

267. Revision of New Source 

Performance Standards for New 

Residential Wood Heaters 

Legal Authority: CAA sec 111 

Abstract: EPA is revising the New 

Source Performance Standards (NSPS) 

for residential wood heaters under the 

Clean Air Act Section 111(b)(1)(B). This 

action is necessary because it updates 

the 1988 NSPS to reflect significant 

advancements in wood heater 

technologies and design, broaden the 

range of residential wood heating 

appliances covered by the regulation, 

and improve and streamline 

implementation procedures. This rule is 

expected to require manufacturers to 

redesign wood heaters to be cleaner and 

lower emitting. In general, the design 

changes will also make the heaters 

perform better and be more efficient. 

The revisions are also expected to retain 

the requirement for manufacturers to 

contract for testing of model lines by 

third-party independent laboratories, 

report the results to EPA, and label the 

models accordingly. This action does 

not apply to existing residential 

woodstoves, pellet stoves and other 

residential biomass heating units and 

may apply to other units. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/12 

Final Action ......... 06/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gil Wood, 

Environmental Protection Agency, Air 

and Radiation, C404–05, RTP, NC 

27711, Phone: 919 541–5272, Fax: 919 

541–0242, E-mail: wood.gil@epa.gov. 

David Cole, Environmental Protection 

Agency, Air and Radiation, C404–05, 

RTP, NC 27711, Phone: 919 541–5565, 

Fax: 919 541–0242, E-mail: 

cole.david@epa.gov. 

RIN: 2060–AP93 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10Clean Air Act 

Final Rule Stage 

268. Implementation of the 1997 8–Hr 

Ozone NAAQS: Classification of 

Subpart 1 Areas and Revision to Antibacksliding Provisions; Deletion of 

Obsolete 1–Hr Ozone Standard 

Provisions. 

Legal Authority: 42 U.S.C. 7410; 42 

U.S.C. 7511 to 7511f; 42 U.S.C. 

7601(a)(1) 

Abstract: This rulemaking action 

would revise the rule for 

implementation of the 8-hour ozone 

national ambient air quality standard 

(NAAQS) to address partial vacatur by 

the U.S. Circuit Court of Appeals for the 

District of Columbia Circuit. The 

rulemaking would remove the portions 

of the regulatory text vacated by the 

Court, specifically: (1) the provision that 

places some 8-hour ozone 

nonattainment areas under title I, part 

D, subpart 1 of the CAA; (2) remove the 

exemption from anti-backsliding for the 

following three obligations under the 

now-revoked 1-hour ozone NAAQS: 

—New source review; 

—CAA Section 185 penalty fees for 

severe and extreme areas that fail to 

attain the 1-hour standard by their 

attainment date; and 

—Contingency measures for failure to 

attain the 1-hour standard or make 

reasonable progress toward 

attainment. 

The rule would also address: (1) The 

classification system for nonattainment 

areas that the implementation rule 

originally covered under Clean Air Act 

(CAA) title I, part D, subpart 1; and (2) 

contingency measures that apply as 

anti-backsliding measures under the 

now-revoked 1-hour standard. The rule 

would also remove an obsolete 

provision in the 1-hour ozone standard 

itself (40 CFR 50.9(c)). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/16/09 74 FR 2936 

NPRM Comment 

Period End.

02/17/09 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lynn Dail, 

Environmental Protection Agency, Air 

and Radiation, C539–01, RTP, NC 

27711, Phone: 919 541–2363, Fax: 919 

541–5689, E-mail: 

dail.lynn@epamail.epa.gov. 


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Kimber Scavo, Environmental 

Protection Agency, Air and Radiation, 

1200 Pennsylvania Ave, NW, RTP, NC 

27711, Phone: 919 541–3354, Fax: 919 

541–4028, E-mail: 

scavo.kimber@epamail.epa.gov. 

RIN: 2060–AO96 

269. Supplemental Determinations for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Palm Oil 

Legal Authority: Clean Air Act sec 

211(o) 

Abstract: As indicated in the final rule 

for the Renewable Fuels Standard 

Program, while the Agency issued 

lifecycle greenhouse gas (GHG) 

threshold determinations for the major 

fuel pathways projected to meet the 

bulk of the RFS volume mandates, 

assessments of other new fuel pathways 

such as biofuels produced from palm 

oil, could not be completed in time for 

the final rule. In the process of assessing 

these fuels, the Agency is issuing 

determinations through several 

supplemental notices to the final rule. 

Timetable: 

Action Date FR Cite 

Direct Final Action 10/00/11 

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, E-mail: 

argyropoulos.paul@epa.gov. 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 

734 214–4507, E-mail: 

korotney.david@epamail.epa.gov. 

RIN: 2060–AQ36 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10Clean Air Act 

Long-Term Actions 

270. Neshap: Brick and Structural Clay 

Products and Clay Products 

Legal Authority: Not Yet Determined 

Abstract: This rulemaking will 

establish emission limits for hazardous 

air pollutants (HF, HCl and metals) 

emitted from brick and clay ceramics 

kilns and glazing operations at clay 

ceramics production facilities. The brick 

and structural clay products industry 

primarily includes facilities that 

manufacture brick, clay, pipe, roof tile, 

extruded floor and wall tile, and other 

extruded dimensional clay products 

from clay, shale, or a combination of the 

two. The manufacturing of brick and 

structural clay products involves 

mining, raw material processing 

(crushing, grinding, and screening), 

mixing, forming, cutting or shaping, 

drying, and firing. Ceramics are defined 

as a class of inorganic, nonmetallic 

solids that are subject to high 

temperature in manufacture and/or use. 

The clay ceramics manufacturing source 

category includes facilities that 

manufacture traditional ceramics, which 

include ceramic tile, dinnerware, 

sanitaryware, pottery, and porcelain. 

The primary raw material used in the 

manufacture of these traditional 

ceramics is clay. The manufacturing of 

clay ceramics involves raw material 

processing (crushing, grinding, and 

screening), mixing, forming, shaping, 

drying, glazing, and firing. 

Timetable: 

Action Date FR Cite 

NPRM .................. To Be Determined 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Telander, 

Environmental Protection Agency, Air 

and Radiation, D243–02, RTP, NC 

27711, Phone: 919 541–5427, Fax: 919 

541–5600, E-mail: 

telander.jeff@epamail.epa.gov. 

Steve Fruh, Environmental Protection 

Agency, Air and Radiation, D243–02, 

RTP, NC 27711, Phone: 919 541–2837, 

Fax: 919 541–3207, E-mail: 

fruh.steve@epa.gov. 

RIN: 2060–AP69 

271. Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Pulpwood 

Legal Authority: Clean Air Act sec 

211(o) 

Abstract: As indicated in the final rule 

for the Renewable Fuels Standard 

Program, while the Agency issued 

lifecycle greenhouse gas (GHG) 

threshold determinations for the major 

fuel pathways projected to meet the 

bulk of the RFS volume mandates, 

assessments of other new fuel pathways 

such as renewable fuels from pulpwood 

could not be completed in time for the 

final rule. In the process of assessing 

these fuels, the Agency is issuing 

determinations through several 

supplemental notices to the final rule. 

Timetable: 

Action Date FR Cite 

Direct Final Action To Be Determined 

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, E-mail: 

argyropoulos.paul@epa.gov. 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 

734 214–4507, E-mail: 

korotney.david@epamail.epa.gov. 

RIN: 2060–AQ49 

272. • Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Sorghum 

Legal Authority: Clean Air Act sec 

211(o) 

Abstract: As indicated in the final rule 

for the Renewable Fuels Standard 

Program, while the Agency issued 

lifecycle greenhouse gas (GHG) 

threshold determinations for the major 

fuel pathways projected to meet the 

bulk of the RFS volume mandates, 

assessments of other new fuel pathways 

such as renewable fuels from sorghum 

could not be completed in time for the 

final rule. In the process of assessing 

these fuels, the Agency is issuing 

determinations through several 

supplemental notices to the final rule. 

Timetable: 

Action Date FR Cite 

Final Action ......... To Be Determined 

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, E-mail: 

argyropoulos.paul@epa.gov. 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

AAFC, Ann Arbor, MI 48105, Phone: 

734 214–4507, E-mail: 

korotney.david@epamail.epa.gov. 

RIN: 2060–AQ64 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10Clean Air Act 

Completed Actions 

273. National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and 

Institutional Boilers 

Legal Authority: Clean Air Act sec 112 

Abstract: The Clean Air Act (CAA) 

requires that EPA develop standards for 


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40126 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

toxic air pollutants, also known as 

hazardous air pollutants or air toxics for 

certain categories of sources. These 

pollutants are known or suspected to 

cause cancer and other serious health 

and environmental effects. This 

regulatory action will develop emission 

standards for boilers located at area 

sources. An area source facility emits or 

has the potential to emit less than 10 

tons per year (tpy) of any single air toxic 

or less than 25 tpy of any combination 

of air toxics. Boilers burn coal and other 

substances such as oil or biomass (e.g., 

wood) to produce steam or hot water, 

which is then used for energy or heat. 

Industrial boilers are used in 

manufacturing, processing, mining, 

refining, or any other industry. 

Commercial and institutional boilers are 

used in commercial establishments, 

medical centers, educational facilities 

and municipal buildings. The majority 

of area source boilers covered by this 

proposed rule are located at commercial 

and institutional facilities and are 

generally owned or operated by small 

entities. EPA estimates that there are 

approximately 183,000 existing area 

source boilers at 91,000 facilities in the 

United States and that approximately 

6,800 new area source boilers will be 

installed over the next 3 years. The rule 

will cover boilers located at area source 

facilities that burn coal, oil, biomass, or 

secondary ‘‘non-waste’’ materials. 

Natural gas-fired area source boilers are 

not part of the categories to be regulated. 

The rule will reduce emissions of a 

number of toxic air pollutants including 

mercury, metals, and organic air toxics. 

The standards for area sources must be 

technology-based. Standards for area 

sources can be based on either generally 

available control technology (GACT), or 

maximum achievable control 

technology (MACT). To determine 

GACT, we look at methods, practices 

and techniques that are commercially 

available and appropriate for use by the 

sources in the category. We consider the 

economic impacts on sources in the 

category and the technical capabilities 

of the firms to operate and maintain the 

emissions control systems. MACT can 

be based on the emissions reductions 

achievable through application of 

measures, processes, methods, systems, 

or techniques, but must at least meet 

minimum control levels as defined in 

the Clean Air Act. Economic impacts 

cannot be considered when determining 

those minimum control levels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/04/10 75 FR 31895 

Action Date FR Cite 

NPRM Comment 

Period End.

07/19/10 

NPRM Extension 

of Comment 

Period.

06/09/10 75 FR 32682 

NPRM Extension 

of Comment 

Period End.

08/03/10 

Final Action ......... 03/21/11 76 FR 15554 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mary Johnson, 

Environmental Protection Agency, Air 

and Radiation, D243–01, Research 

Triangle Park, NC 27711, Phone: 919 

541–5025, E-mail: 

johnson.mary@epa.gov. 

Robert J Wayland, Environmental 

Protection Agency, Air and Radiation, 

C439–01, Research Triangle Park, NC 

27711, Phone: 919 541–1045, E-mail: 

wayland.robertj@epamail.epa.gov. 

RIN: 2060–AM44 

274. National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial & 

Institutional Boilers and Process 

Heaters 

Legal Authority: Clean Air Act section 

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 finalize 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 finalize 

standards for these source categories. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/04/10 75 FR 32006 

NPRM Extension 

of Comment 

Period.

06/09/10 75 FR 32682 

Final Action ......... 03/21/11 76 FR 15608 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brian Shrager, 

Environmental Protection Agency, Air 

and Radiation, C439–01, Research 

Triangle Park, NC 27711, Phone: 919 

541–7689, E-mail: 

shrager.brian@epa.gov. 

Robert J Wayland, Environmental 

Protection Agency, Air and Radiation, 

C439–01, Research Triangle Park, NC 

27711, Phone: 919 541–1045, E-mail: 

wayland.robertj@epamail.epa.gov. 

RIN: 2060–AQ25 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) 

Proposed Rule Stage 

275. Pesticides; Certification of 

Pesticide Applicators 

Legal Authority: 7 U.S.C. 136; 7 U.S.C. 

136i; 7 U.S.C. 136w 

Abstract: EPA is proposing change to 

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 .................. 05/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathy Davis, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7506P, Washington, DC 

20460, Phone: 703 308–7002, Fax: 703 

308–2962, E-mail: davis.kathy@epa.gov. 

Richard Pont, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, 

Washington, DC 20460, Phone: 703 305– 

6448, Fax: 703 308–2962, E-mail: 

pont.richard@epa.gov. 

RIN: 2070–AJ20 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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276. Pesticides; Agricultural Worker 

Protection Standard Revisions 

Legal Authority: 7 U.S.C. 136 and 

136(w) 

Abstract: 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 bring 

hazard communication requirements 

more in line with OSHA requirements 

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 .................. 05/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathy Davis, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7506P, Washington, DC 

20460, Phone: 703 308–7002, Fax: 703 

308–2962, E-mail: davis.kathy@epa.gov. 

Richard Pont, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, 

Washington, DC 20460, Phone: 703 305– 

6448, Fax: 703 308–2962, E-mail: 

pont.richard@epa.gov. 

RIN: 2070–AJ22 

277. Pesticides; Reconsideration of 

Exemptions for Insect Repellents 

Legal Authority: 7 U.S.C. 136(a) and 

136(w) 

Abstract: EPA is developing 

rulemaking to modify the minimum risk 

pesticides exemption under 40 CFR 

152.25(f) to exclude personally applied 

insect repellents from the exemption 

and require an abbreviated data set for 

such products. EPA is taking this action 

because these pesticides claim to 

control pests of significant public health 

importance. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kathryn Boyle, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7506P, Washington, DC 

20460, Phone: 703 305–6304, Fax: 703 

305–5884, E-mail: 

boyle.kathryn@epa.gov. 

Niva Kramek, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7506P, 

Washington, DC 20460, Phone: 703 605– 

1193, Fax: 703 305–5884, E-mail: 

kramek.niva@epa.gov. 

RIN: 2070–AJ45 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Toxic Substances Control Act (TSCA) 

Proposed Rule Stage 

278. Lead; Renovation, Repair, and 

Painting Program for Public and 

Commercial Buildings 

Legal Authority: 15 U.S.C. 2682(c)(3) 

Abstract: Section 402(c)(3) of the 

Toxic Substances Control Act (TSCA) 

requires EPA to regulate renovation or 

remodeling activities in target housing 

(most pre-1978 housing), pre-1978 

public buildings, and commercial 

buildings that create lead-based paint 

hazards. On April 22, 2008, EPA issued 

a final rule to address lead-based paint 

hazards created by these activities in 

target housing and child-occupied 

facilities built before 1978 (childoccupied facilities are a subset of public 

and commercial buildings or facilities 

where children under age 6 spend a 

great deal of time). The 2008 rule 

established requirements for 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. This new rulemaking 

will address renovation or remodeling 

activities in the remaining buildings 

described in TSCA section 402(c)(3): 

public buildings built before 1978 and 

commercial buildings that are not childoccupied facilities. On May 6, 2010, 

EPA announced the commencement of 

proceedings to propose lead-safe work 

practices and other requirements for 

renovations on the exteriors of public 

and commercial buildings and to 

determine whether lead-based paint 

hazards are created by interior 

renovation, repair, and painting projects 

in public and commercial buildings. For 

those renovations in the interiors of 

public and commercial buildings that 

create lead-based paint hazards, EPA 

will propose regulations to address 

these hazards. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 05/06/10 75 FR 24848 

NPRM; Exteriors 12/00/11 

Final Action ......... 07/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Hans Scheifele, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460, Phone: 202 564–3122, E-mail: 

scheifele.hans@epa.gov. 

Cindy Wheeler, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 566– 

0484, E-mail: wheeler.cindy@epa.gov. 

RIN: 2070–AJ56 

279. Formaldehyde Emissions From 

Pressed Wood Products 

Legal Authority: 15 U.S.C. 2697 

(TSCA sec 601) 

Abstract: In 2008, EPA initiated a 

proceeding under Toxics Substance and 

Control Act (TSCA) to investigate risks 

posed by formaldehyde emitted from 

pressed wood products. An advance 

notice of proposed rulemaking 

(ANPRM) sought to engage stakeholders 

to contribute to obtaining a better 

understanding of the available control 

technologies and approaches, industry 

practices, and the implementation of 

California’s formaldehyde emission 

limits. Subsequently, EPA developed an 

industry survey to obtain more 

information on these ANPR topics and 

continued to assess the hazards of and 

exposures to formaldehyde emissions 

from pressed wood products. On July 7, 

2010, the Formaldehyde Standards for 

Composite Wood Products Act was 

enacted. This law amends TSCA to 

establish specific formaldehyde 

emission limits for hardwood plywood, 

particleboard, and medium-density 

fiberboard, which limits are identical to 

the California emission limits for these 

products. The law further requires EPA 

to promulgate implementing regulations 

by January 1, 2013. 

Timetable: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
40128 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

Action Date FR Cite 

ANPRM ............... 12/03/08 73 FR 73620 

ANPRM: Extension of Comment Period.01/30/09 74 FR 5632 

NPRM .................. 01/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cindy Wheeler, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460, Phone: 202 566–0484, E-mail: 

wheeler.cindy@epa.gov. 

Lynn Vendinello, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 566– 

0514, E-mail: vendinello.lynn@epa.gov. 

RIN: 2070–AJ44 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Toxic Substances Control Act (TSCA) 

Final Rule Stage 

280. Lead; Clearance and Clearance 

Testing Requirements for the 

Renovation, Repair, and Painting 

Program 

Legal Authority: 15 U.S.C. 2601(c); 15 

U.S.C. 2682(c)(3); 15 U.S.C. 2684; 15 

U.S.C. 2686 and 2687 

Abstract: On May 6, 2010, EPA 

proposed 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 of the 

well documented toxicity of lead, 

especially to younger children. This 

proposal includes additional 

requirements designed to ensure that 

lead-based paint hazards generated by 

renovation work are adequately cleaned 

after renovation work is finished and 

before the work areas are re-occupied. 

Specifically, EPA proposed to require 

dust wipe testing after many 

renovations covered by the RRP rule. 

For a subset of jobs involving 

demolition or removal of plaster 

through destructive means or the 

disturbance of paint using machines 

designed to remove paint through highspeed operation, such as power sanders 

or abrasive blasters, this proposal would 

also require the renovation firm to 

demonstrate, through dust wipe testing, 

that dust-lead levels remaining in the 

work area are below regulatory levels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/06/10 75 FR 25038 

NPRM Extension 

of Comment 

Period.

07/07/10 75 FR 38959 

Final Action ......... 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cindy Wheeler, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460, Phone: 202 566–0484, E-mail: 

wheeler.cindy@epa.gov. 

Michelle Price, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 566– 

0744. 

RIN: 2070–AJ57 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Proposed Rule Stage 

281. Financial Responsibility 

Requirements Under Cercla Section 

108(B) for Classes of Facilities in the 

Hard Rock Mining Industry 

Legal Authority: 42 U.S.C. 9601 et 

seq.; 42 U.S.C. 9608 (b) 

Abstract: Section 108(b) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, 

establishes certain authorities 

concerning financial responsibility 

requirements. The Agency has 

identified classes of facilities within the 

Hard Rock mining industry as those for 

which financial responsibility 

requirements will be first developed. 

EPA intends to include requirements for 

financial responsibility, as well as 

notification and implementation. 

Timetable: 

Action Date FR Cite 

Priority Notice ...... 07/28/09 74 FR 37213 

Action Date FR Cite 

NPRM .................. 02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ben Lesser, 

Environmental Protection Agency, Solid 

Waste and Emergency Response, 5302P, 

Washington, DC 20460, Phone: 703 308– 

0314, E-mail: lesser.ben@epa.gov. 

David Hockey, Environmental 

Protection Agency, Solid Waste and 

Emergency Response, 5303P, 

Washington, DC 20460, Phone: 703 308– 

8846, E-mail: hockey.david@epa.gov. 

RIN: 2050–AG61 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

70Clean Water Act 

Proposed Rule Stage 

282. Stormwater Regulations Revision 

to Address Discharges from Developed 

Sites 

Legal Authority: 33 U.S.C. 1251 et seq. 

Abstract: Stormwater discharge from 

developed areas is a major cause of 

degradation of surface waters. This is 

true for both conveyance of pollutants 

and the erosive power of increased 

stormwater flow rates and volumes. 

Current stormwater regulations were 

promulgated in 1990 and 1999. In 2006, 

the Office of Water asked the National 

Research Council (NRC) to review the 

stormwater program and recommend 

ways to strengthen it. The NRC Report, 

which was finalized in October 2008, 

found that the current stormwater 

program ‘‘ * * * is not likely to 

adequately control stormwater’s 

contribution to waterbody impairment’’ 

and recommended that EPA take action 

to address the harmful effects of 

stormwater flow. This proposed action 

would establish requirements for, at 

minimum, managing stormwater 

discharges from newly developed and 

re-developed sites, to reduce the amount 

of pollutants in stormwater discharges 

entering receiving waters by reducing 

the discharge of excess stormwater. This 

action may also expand the scope of 

municipal separate storm sewer systems 

(MS4) required to be regulated under 

NPDES permits, to include rapidly 

developing areas and to cover some 

discharges that are not currently 

regulated. The Phase I and Phase II MS4 

regulations might also be combined and 

amended, and may include provisions 

for better managing existing discharges. 

Timetable: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 40129 

Action Date FR Cite 

NPRM .................. 09/00/11 

Final Action ......... 11/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Connie Bosma, 

Environmental Protection Agency, 

Water, 4203M, Washington, DC 20460, 

Phone: 202 564–6773, Fax: 202 564– 

6392, E-mail: 

bosma.connie@epamail.epa.gov. 

Janet Goodwin, Environmental 

Protection Agency, Water, 4303T, 

Washington, DC 20460, Phone: 202 566– 

1060, E-mail: 

goodwin.janet@epamail.epa.gov. 

RIN: 2040–AF13 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

70Clean Water Act 

Completed Actions 

283. Effluent Guidelines and Standards 

for the Centralized Waste Treatment 

Industry (Completion of a Section 610 

Review) 

Legal Authority: 5 U.S.C. 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 offsite. 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. 

Pursuant to Section 610 of the 

Regulatory Flexibility Act, on April 26, 

2010, EPA initiated 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 (75 

FR 21882). As part of this review, EPA 

considered, and solicited comments on, 

the following factors: (1) The continued 

need for the rule; (2) the nature of 

complaints or comments received 

concerning the rule; (3) the complexity 

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

rule overlaps, duplicates, or conflicts 

with other Federal, State, or local 

government rules; and (5) the degree to 

which technology, economic conditions, 

or other factors have changed in the area 

affected by the rule. The comment 

period closed July 31, 2010. EPA 

received no comments, and the Agency 

has concluded that the rule needs no 

revisions at this time to minimize the 

impacts on small entities. The rule will 

remain in effect without modification. 

The Docket ID number is EPA–HQ– 

OW–2010–0169. EPA summarized the 

results of the review in a report, which 

is available in the rulemaking docket 

referenced above. You can access that 

docket at http://www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Action ......... 12/22/00 65 FR 81241 

Begin Review ...... 04/26/10 75 FR 21882 

End Comment 

Period.

07/31/10 75 FR 21882 

End Review ......... 04/25/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Erik Helm, 

Environmental Protection Agency, 

Water, 4303T, Washington, DC 20460, 

Phone: 202 566–1049, Fax: 202 566– 

1053, E-mail: 

helm.erik@epamail.epa.gov. 

RIN: 2040–AF18 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Safe Drinking Water Act (SDWA) 

Prerule Stage 

284. National Primary Drinking Water 

Regulations; Arsenic and Clarifications 

to Compliance and New Source 

Contaminants Monitoring (Section 610 

Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: On January 22, 2001, EPA 

revised the Maximum Contaminant 

Level (MCL) for arsenic to 0.010 mg/L 

(10.0 μg/L). This regulation applies to 

non-transient non-community water 

systems and to community water 

systems (66 FR 6976). While EPA has 

taken steps to evaluate and mitigate 

impacts on small entities as part of the 

promulgation of the Arsenic Rule, EPA 

reviewed the National Primary Drinking 

Water Rule (NPDWR) for arsenic 

pursuant to section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 

610). As part of this review, EPA 

considered and solicited comments on 

the following factors: (1) The continued 

need for the rule; (2) the nature of 

complaints or comments received 

concerning the rule; (3) the complexity 

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

rule overlaps, duplicates, or conflicts 

with other Federal, State, or local 

government rules; and (5) the degree to 

which the technology, economic 

conditions or other factors have changed 

in the area affected by the rule. EPA is 

currently reviewing the public 

comments received in response to this 

review and is developing a response to 

comment document, which will be 

posted in the docket (#EPA–OW–2010– 

0728) upon completion of this review by 

fall 2011. The docket can be accessed at 

http://www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 01/22/01 66 FR 6976 

Initiate 610 Review.12/20/10 75 FR 79844 

End Comment 

Period.

02/18/11 

Completion of 610 

Review.

10/00/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Stephanie Flaharty, 

Environmental Protection Agency, 

Water, 4601M, Washington, DC 20460, 

Phone: 202 564–5072, E-mail: 

flaharty.stephanie@epamail.epa.gov. 

Wynne Miller, Environmental 

Protection Agency, Water, 4607M, 

Washington, DC 20460, Phone: 202 564– 

4887, Fax: 202 564–3760, E-mail: 

miller.wynne@epamail.epa.gov. 

RIN: 2040–AF24 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Safe Drinking Water Act (SDWA) 

Long-Term Actions 

285. National Primary Drinking Water 

Regulations: Radon 

Legal Authority: 42 U.S.C. 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: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
40130 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

Action Date FR Cite 

ANPRM ............... 09/30/86 51 FR 34836 

NPRM Original .... 07/18/91 56 FR 33050 

Notice99 .............. 02/26/99 64 FR 9560 

NPRM .................. 11/02/99 64 FR 59246 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Rebecca Allen, 

Environmental Protection Agency, 

Water, 4607M, Washington, DC 20460, 

Phone: 202 564–4689, Fax: 202 564– 

3760, E-mail: 

allen.rebeccak@epamail.epa.gov. 

Eric Burneson, Environmental 

Protection Agency, Water, 4607M, 

Washington, DC 20460, Phone: 202 564– 

5250, E-mail: 

burneson.eric@epamail.epa.gov. 

RIN: 2040–AA94 

[FR Doc. 2011–15496 Filed 7–6–11; 8:45 am] 

BILLING CODE 6560–50–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Vol. 76 Thursday, 

No. 130 July 7, 2011 

Part XV 

General Services Administration 

Semiannual Regulatory Agenda 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2