8004 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[9467–6; EPA–HQ–OW–2010–0728] 

Fall 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 

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. 

‘‘Regulatory Development and 

Retrospective Review Tracker’’ refers to 

an online portal to EPA’s priority rules 

and retrospective reviews of existing 

regulations. More information about the 

Regulatory Development and 

Retrospective Review Tracker 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: Caryn 

Muellerleile 

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

2855) or Phil Schwartz 

(schwartz.philip@epa.gov; 202 564– 

6564). 

To Be Placed on or Removed From a 

Mailing List for Updated Information on 

Rules Under Development: If you would 

like to receive or discontinue receiving 

an email with a link to new semiannual 

regulatory agendas as soon as they are 

published, please send an email 

message with your name and address to: 

Regulatory_Agenda@epa.gov and state 

‘‘EPA E-Agenda: Add’’ or ‘‘EPA EAgenda: Remove’’ as appropriate 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/ 

regulations/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 

Regulatory Development and 

Retrospective Review Tracker 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 Key Statutes and Executive Orders 

Guide 

EPA’s Rule and Policymaking Process? 

C. How Can You Be Involved in EPA’s Rule 

and Policymaking Process? 

D. What Actions Are Included in the EAgenda and 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 Mining Regulatory Agenda 

Data and for Finding More About EPA 

Rules and Policies Are Available at 

Reginfo.gov, EPA.gov, and 

Regulations.gov? 

I. Reviews of Rules with Significant Impacts 

on a Substantial Number of Small 

Entities 

J. What Other Special Attention Does EPA 

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/ and www.regulations.gov ............... Not in FR. 

Semiannual Regulatory Flexibility Agenda .................. www.reginfo.gov/ and http://www.regulations.gov ...... Part XVI of today’s issue. 

Monthly Action Initiation List ........................................ http://www.regulations.gov/#!docketDetail;D=EPAHQ-O-2008-0265 and http://www.epa.gov/ 

lawsregs/regulations/ail.html.

Not in FR. 

Regulatory Development and Retrospective Review 

Tracker.

www.epa.gov/regdarrt/ ................................................ Not in FR. 

B. What Key Statutes and Executive 

Orders Guide EPA’s Rule and 

Policymaking Process? 

A number of environmental laws 

authorize EPA’s actions, including but 

not limited to: 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA, or Superfund), 

• Emergency Planning and 

Community Right-to-Know Act 

(EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and 

Recovery Act (RCRA), 

• Safe Drinking Water Act (SDWA), 

and 

• Toxic Substances Control Act 

(TSCA). 

Not only must EPA comply with 

environmental laws, but also 

administrative legal requirements that 

apply to the issuance of regulations, 

such as: the Administrative Procedure 

Act (APA), the Regulatory Flexibility 

Act (RFA) as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA), the Unfunded 

Mandates Reform Act (UMRA), the 

Paperwork Reduction Act (PRA), the 


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National Technology Transfer and 

Advancement Act (NTTAA), and the 

Congressional Review Act (CRA). 

EPA also meets a number of 

requirements contained in numerous 

Executive Orders: 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

Oct. 4, 1993), as supplemented by 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ (76 

FR 3821, Jan. 21, 2011); 12898, 

‘‘Environmental Justice’’ (59 FR 7629, 

Feb. 16, 1994); 13045, ‘‘Children’s 

Health Protection’’ (62 FR 19885, Apr. 

23, 1997); 13132, ‘‘Federalism’’ (64 FR 

43255, Aug. 10, 1999); 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, Nov. 9, 2000); 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

In addition to meeting its mission 

goals and priorities as described above, 

EPA has begun reviewing its existing 

regulations under Executive Order (EO) 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This EO provides 

for periodic retrospective review of 

existing significant regulations and 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 described in EPA’s Statement 

of Priorities in the Regulatory Plan. 

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. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published 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 its 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. 

EPA encourages you to become involved 

in its rule and policymaking process. 

For more information about public 

involvement in EPA activities, please 

visit www.epa.gov/open. 

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

Agenda? 

EPA includes regulations and certain 

major policy documents in the eAgenda. However, there is no legal 

significance to the omission of an item 

from the agenda, and 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 CAA: 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 FIFRA: 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 RCRA: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the CWA: 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 SDWA: Actions on State 

underground injection control 

programs. 

The Regulatory Flexibility Agenda 

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 

RFA. EPA is closing the 610 review for 

one rule in fall 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 

e-Agenda 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 

December 2012. We urge you to explore 

becoming involved even if an action is 

listed in the Long-Term category. By the 

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 spring 2011 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 RFA 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 email addresses and 


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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 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 

Executive Order 12866, a rulemaking 

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 

UMRA 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 email address, if 

available, of a person who is 

knowledgeable about the regulation. 

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. EPA includes the docket 

number in most of the agenda entries of 

rulemakings 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 email. You can see the 

current list, known as the Action 

Initiation List, at http://www.epa.gov/ 

lawsregs/regulations/ail.html where you 

will also find information about how to 


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get an email 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: 

a. 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.’’ 

b. 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.’’ 

c. 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).’’ 

d. 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.’’ 

e. 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 

Advance 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 RFA 

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 PRA, 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 Regulatory Development and 

Retrospective Review Tracker 

EPA’s Regulatory Development and 

Retrospective Review Tracker 

(www.epa.gov/regdarrt/) 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. It also provides 

information about retrospective reviews 

of existing regulations. 

The Regulatory Development and 

Retrospective Review Tracker (Reg 

DaRRT) 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 Reg DaRRT; only priority 

rulemakings can be found on this Web 

site. 

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 one 

rule in fall 2011. 

Rule Reviewed RIN Docket ID No. 

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 established an official public 

dockets for the 610 Review under the 

docket identification (ID) number 

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 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 Does 

EPA Give to the Impacts of Rules on 

Small Businesses, Small Governments, 

and Small Nonprofit Organizations? 

For each of EPA’s rulemakings, 

consideration is given 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 as amended by SBREFA, 

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 


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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/public/ 

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: September 9, 2011. 

Shannon Kenny, 

Acting Principal Deputy Associate 

Administrator, Office of Policy. 

CLEAN AIR ACT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

434 .................... National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) 

for the Mineral Wool and Wool Fiberglass Industries.

2060–AQ90 

435 .................... National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and 

Institutional Boilers and Process Heaters; Proposed Reconsideration (Reg Plan Seq No. 128).

2060–AR13 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

CLEAN AIR ACT—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

436 .................... 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 

437 .................... 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 (Reg Plan 

Seq No. 143).

2060–AP52 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

CLEAN AIR ACT—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

TOXIC SUBSTANCES CONTROL ACT (TSCA)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

440 .................... Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings (Reg Plan Seq No. 

136).

2070–AJ56 

441 .................... Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood 

Products (Reg Plan Seq No. 134).

2070–AJ44 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

TOXIC SUBSTANCES CONTROL ACT (TSCA)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 8009 

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Rock Mining Industry.

2050–AG61 

CLEAN WATER ACT—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

444 .................... Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan Seq No. 138) 2040–AF13 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

SAFE DRINKING WATER ACT (SDWA)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Contaminants Monitoring (Section 610 Review) (Completion of a Section 610 Review).

2040–AF24 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Clean Air Act 

Proposed Rule Stage 

433. Revision of New Source 

Performance Standards for New 

Residential Wood Heaters 

Legal Authority: CAA sec 111(b)(1)(B) 

Abstract: EPA is revising the New 

Source Performance Standards (NSPS) 

for new residential wood heaters. 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 would 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. New residential 

hydronic heaters and forced-air furnaces 

and new residential masonry heaters 

would also be regulated by this action. 

These standards would apply only to 

new residential wood heaters and not to 

existing residential wood heating 

appliances. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/12 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gil Wood, 

Environmental Protection Agency, Air 

and Radiation, C404–05, Research 

Triangle Park, NC 27711, Phone: 919 

541–5272, Fax: 919 541–0242, Email: 

wood.gil@epa.gov. 

David Cole, Environmental Protection 

Agency, Air and Radiation, C404–05, 

Research Triangle Park, NC 27711, 

Phone: 919 541–5565, Fax: 919 541– 

0242, Email: cole.david@epa.gov. 

RIN: 2060–AP93 

434. National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Risk and Technology Review (RTR) for 

the Mineral Wool and Wool Fiberglass 

Industries 

Legal Authority: 42 U.S.C. 7401 

Abstract: The Maximum Achievable 

Control Technology (MACT) standard 

for Mineral Wool Production was 

promulgated on June 1, 1999, and the 

MACT for Wool Fiberglass Production 

was promulgated on June 14, 1999. The 

Clean Air Act requires EPA to evaluate 

the risk remaining to human health 

within eight years of promulgation of 

each MACT standard. Along with risk, 

the EPA is also required to review new 

technology in the industry that can 

reduce hazardous air pollutant (HAP) 

emissions from regulated sources in the 

industry, and may consider costs under 

this technology review. EPA is 

addressing these Clean Air Act 

requirements under a combined risk and 

technology review (RTR). 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/25/11 76 FR 72770 

NPRM Comment 

Period End.

01/24/12 

Final Action ......... 07/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Fairchild, 

Environmental Protection Agency, Air 

and Radiation, D–243–04, Research 

Triangle Park, NC 27711, Phone: 919 

541–5167, Fax: 919 541–3207, Email: 

fairchild.susan@epamail.epa.gov. 

Keith Barnett, Environmental 

Protection Agency, Air and Radiation, 

1200 Pennsylvania Ave, Research 

Triangle Park, NC 20460, Phone: 919 

541–5605, Fax: 919 541–3720, Email: 

barnett.keith@epa.gov. 

RIN: 2060–AQ90 

435. • National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters; Proposed Reconsideration 

Regulatory Plan: This entry is Seq. 

No. 128 in part II of this issue of the 

Federal Register. 

RIN: 2060–AR13 


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8010 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Clean Air Act 

Final Rule Stage 

436. 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 final action would 

revise the rule for implementation of the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) to address 

several issues vacated 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. 

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 ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lynn Dail, 

Environmental Protection Agency, Air 

and Radiation, C539–01, Research 

Triangle Park, NC 27711, Phone: 919 

541–2363, Fax: 919 541–0824, Email: 

dail.lynn@epamail.epa.gov. 

Rich Damberg, Environmental 

Protection Agency, Air and Radiation, 

C539–01, Research Triangle Park, NC 

20460, Phone: 919 541–5592, Fax: 919 

541–0824, Email: 

damberg.rich@epamail.epa.gov. 

RIN: 2060–AO96 

437. National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Electric Utility Steam 

Generating Units 

Regulatory Plan: This entry is Seq. 

No. 143 in part II of this issue of the 

Federal Register. 

RIN: 2060–AP52 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Clean Air Act 

Long-Term Actions 

438. 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, 

sanitary ware, 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, Research 

Triangle Park, NC 27711, Phone: 919 

541–5427, Fax: 919 541–5600, Email: 

telander.jeff@epamail.epa.gov. 

Steve Fruh, Environmental Protection 

Agency, Air and Radiation, D243–02, 

Research Triangle Park, NC 27711, 

Phone: 919 541–2837, Fax: 919 541– 

4991, Email: fruh.steve@epa.gov. 

RIN: 2060–AP69 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) 

Long-Term Actions 

439. Pesticides; Reconsideration of 

Exemptions for Insect Repellents 

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

U.S.C. 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 .................. 02/00/13 

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, Email: 

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, Email: 

kramek.niva@epa.gov. 

RIN: 2070–AJ45 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Toxic Substances Control Act (TSCA) 

Proposed Rule Stage 

440. Lead; Renovation, Repair, And 

Painting Program for Public and 

Commercial Buildings 

Regulatory Plan: This entry is Seq. 

No. 136 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ56 

441. Formaldehyde; Third-Party 

Certification Framework for the 

Formaldehyde Standards for Composite 

Wood Products 

Regulatory Plan: This entry is Seq. 

No. 134 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ44 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 8011 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Toxic Substances Control Act (TSCA) 

Completed Actions 

442. 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; 15 U.S.C. 2687 

Abstract: On May 6, 2010, EPA 

proposed a number of 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. For the final rule that was 

promulgated on August 5, 2011, EPA 

decided not to promulgate dust wipe 

testing and clearance requirements as 

proposed. However, EPA promulgated 

several other revisions to the RRP rule, 

including a provision allowing a 

certified renovator to collect a paint 

chip sample and send it to a recognized 

laboratory for analysis in lieu of using 

a lead test kit, minor changes to the 

training program accreditation 

application process, standards for elearning in accredited training 

programs, minimum enforcement 

provisions for authorized state and 

tribal renovation programs, and minor 

revisions to the training and 

certification requirements for 

renovators. EPA also promulgated 

clarifications to the requirements for 

vertical containment on exterior 

renovation projects, the prohibited or 

restricted work practice provisions, and 

the requirements for high-efficiency 

particulate air (HEPA) vacuums. 

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 ......... 08/05/11 76 FR 47918 

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, Email: 

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 

Long-Term Actions 

443. 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 

NPRM .................. 04/00/13 

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

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, Email: lesser.ben@epa.gov. 

David Hockey, Environmental 

Protection Agency, Solid Waste and 

Emergency Response, 5303P, 

Washington, DC 20460, Phone: 703 308– 

8846, Email: hockey.david@epa.gov. 

RIN: 2050–AG61 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Clean Water Act 

Proposed Rule Stage 

444. Stormwater Regulations Revision 

to Address Discharges From Developed 

Sites 

Regulatory Plan: This entry is Seq. 

No. 138 in part II of this issue of the 

Federal Register. 

RIN: 2040–AF13 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

Safe Drinking Water Act (SDWA) 

Completed Actions 

445. National Primary Drinking Water 

Regulations; Arsenic and Clarifications 

to Compliance and New Source 

Contaminants Monitoring (Section 610 

Review) (Completion of a 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 mg/L). This regulation applies to 

non-transient non-community water 

systems and to community water 

systems (66 FR 6976). While EPA took 

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 has 

reviewed comments received in 

response to this review, which 

identified concerns related to the cost 

associated with treatment, disposal of 

waste streams, compliance 

determinations for the maximum 

contaminant level (MCL), risk 

communication and difficulty using 

alternative treatment technologies. EPA 

identified available resources to address 

these concerns and has made a 

determination not to revise the 

regulation at this time. See EPA’s report 

summarizing the results of this review 

in the docket EPA–OW–2010–0728. 

This docket can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

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

Initiate 610 Review.12/20/10 75 FR 79856 

End Comment 

Period.

02/18/11 


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8012 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

Action Date FR Cite 

Completion of 610 

Review.

08/16/11 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Stephanie Flaharty, 

Environmental Protection Agency, 

Water, Environmental Protection 

Agency, Water, Mail Code 4601M, 

Washington, DC 20460, Phone: 202 564– 

5072, Email: 

flaharty.stephanie@epa.gov. 

RIN: 2040–AF24 

[FR Doc. 2012–1656 Filed 2–10–12; 8:45 am] 

BILLING CODE 6560–50–P 


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