Monday, 

December 20, 2010 

Part XV 

Environmental 

Protection Agency 

Semiannual Regulatory Agenda 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
79844 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

ENVIRONMENTAL PROTECTION AGENCY (EPA) 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[ 9134-3 ] 

EPA-HQ-OA-2007-1172 

EPA-HQ-OW-2010-0169 

EPA-HQ-OW-2010-0166 

EPA-HQ-OAR-2010-0052 

EPA-HQ-OW-2010-0728 

Fall 2010 Regulatory Agenda 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory 

flexibility agenda and semiannual 

regulatory agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the semiannual 

regulatory agenda online (the e-Agenda) 

at www.reginfo.gov to update the public 

about: 

• Regulations and major policies 

currently under development, 

• Reviews of existing regulations and 

major policies, and 

• Rules and major policymakings 

completed or canceled since the last 

agenda. 

Definitions: 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that until 2007 was 

published in the Federal Register but 

which 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. It 

continues to be published in the Federal 

Register because that is what is required 

by the 1980 Regulatory Flexibility Act. 

‘‘Monthly Action Initiation List’’ (AIL) 

refers to a list that EPA posts online 

each month of the regulations newly 

approved for development. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center. 

‘‘Regulatory Agenda preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

the Regulatory Flexibility Agenda and 

the e-Agenda. 

‘‘Rulemaking Gateway’’ refers to a 

new online portal to EPA’s priority rules 

with earlier and more frequently 

updated information about Agency 

regulations. More information about the 

Rulemaking Gateway appears in section 

H of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions or comments about 

a particular action, please get in touch 

with the agency contact listed in each 

agenda entry. If you have general 

questions about the semiannual 

regulatory agenda, please contact: Phil 

Schwartz (schwartz.philip@epa.gov; 

202-564-6564) or Caryn Muellerleile 

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

2855). 

TO BE PLACED ON 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 email message with your name and 

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

‘‘E-Regulatory Agenda: Electronic Copy’’ 

in the subject line. 

If you would like to regularly receive 

information about the rules newly 

approved for development, sign up for 

our monthly Action Initiation List by 

going to 

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

ail.html#notification and completing the 

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. 

If you would like to receive a hard 

copy of the semiannual agenda about 2 

to 3 months after publication, call 800- 

490-9198 or send an e-mail with your 

name and complete address to: 

nscep@bps-lmit.com and put 

‘‘Regulatory Agenda Hard Copy’’ in the 

subject line. We are ending distribution 

of hard copies of the Agenda after the 

Fall 2010 edition. You will still, 

however, be able to download and print 

a Federal Register style version of the 

EPA’s Agenda at 

www.epa.gov/lawsregs/search/ 

regagenda.html. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Map of Regulatory Agenda 

Information 

B. What Are EPA’s Regulatory Goals and 

What Key Principles, Statutes, and 

Executive Orders Guide Our Rule and 

Policymaking Process? 

C. How Can You Be Involved in EPA’s 

Rule and Policymaking Process? 

D. What Actions Are Included in the 

Regulatory Agenda? 

E. How Is the E-Agenda Organized? 

F. What Information Is in the Regulatory 

Flexibility Agenda and the E-Agenda? 

G. How Can I Find Out About 

Rulemakings That Start Up After the 

Regulatory Agenda Is Signed? 

H. What Tools for Finding More About 

EPA Rules and Policies Are Available 

at EPA.gov, Regulations.gov, and 

Reginfo.gov? 

I. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

J. What Other Special Attention Do We 

Give to the Impacts of Rules on Small 

Businesses, Small Governments, and 

Small Nonprofit Organizations? 

K. Thank You for Collaborating With Us 

A. Map of Regulatory Agenda Type 

Information 

Type of Information Online Locations Federal Register Location 

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

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

search/regagenda.html Not in FR 


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Type of Information Online Locations Federal Register Location 

FY 2011 Regulatory Plan Go to: Regulations.gov and put ‘‘EPAHQ-OA-2010-0915-0002’’ in the key word 

box Part II of today’s issue 

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

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

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

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

fdmspublic/component/ 

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

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

search/ail.html Not in FR 

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

B. What Are EPA’s Regulatory 

Priorities, and What Key Principles, 

Statutes, and Executive Orders Guide 

Our Rule and Policymaking Process? 

Priorities 

To guide the Agency’s efforts in 2011 

and subsequent years, Administrator 

Lisa P. Jackson has established the 

following seven guiding principles. For 

a more extensive discussion of these 

principles please see our FY 2011 

Regulatory Plan. 

1. Taking Action on Climate Change: 

In 2009 EPA finalized an endangerment 

finding on greenhouse gases; issued the 

first national rules to reduce 

greenhouse-gas emissions under the 

Clean Air Act; and initiated a national 

reporting system for greenhouse gas 

emissions. In 2010, EPA and NHTSA 

announced a joint final rule establishing 

a historic national program that will 

dramatically reduce greenhouse gas 

emissions and improve fuel economy 

for new cars and trucks sold in the 

United States. The mobile sources 

addressed in that regulatory action — 

light-duty vehicles and heavy-duty 

vehicles —accounted for 23 percent of 

all U.S. greenhouse gas emissions in 

2007. While EPA stands ready to help 

Congress craft strong, science-based 

climate legislation that addresses the 

spectrum of issues, the Agency will 

deploy existing regulatory tools as they 

are available and warranted. 

2. Improving Air Quality: Since 

passage of the Clean Air Act 

Amendments in 1990, nationwide air 

quality has improved significantly for 

the six criteria air pollutants for which 

there are national ambient air quality 

standards. Despite this progress, about 

127 million Americans lived in counties 

with air considered unhealthy in 2008. 

Long-term exposure to air pollution can 

cause cancer and damage to the 

immune, neurological, reproductive, 

cardiovascular, and respiratory systems. 

Because people spend much of their 

lives indoors, the quality of indoor air 

is also a major concern. 

3. Assuring the Safety of Chemicals: 

One of EPA’s highest priorities is to 

make significant and long overdue 

progress in assuring the safety of 

chemicals. On September 29, 2009, 

Administrator Jackson announced clear 

principles to guide Congress in writing 

a new chemical risk management law 

that will fix the weaknesses in Toxic 

Substances Control Act (TSCA). EPA is 

shifting its focus to addressing highconcern chemicals and filling data gaps 

on widely-produced chemicals in 

commerce. 

4. Cleaning Up Our Communities: In 

2009, EPA accelerated its Superfund 

program and confronted significant 

local environmental challenges like the 

asbestos Public Health Emergency in 

Libby, Montana and the coal ash spill in 

Kingston, Tennessee. 

5. Protecting America’s Waters: 

America’s water bodies are imperiled as 

never before. Water quality and 

enforcement programs face complex 

challenges, from nutrient loadings and 

storm water runoff to invasive species 

and drinking water contaminants. These 

challenges demand both traditional and 

innovative strategies. 

6. Expanding the Conversation on 

Environmentalism and Working for 

Environmental Justice: 

Environmentalism has been described 

as a conversation that we all must have 

because it is about protecting people in 

the places they live, work, and raise 

families. The Agency is now focusing on 

expanding the conversation to include 

new stakeholders and involve 

communities in more direct ways. 

7. Building Strong State and Tribal 

Partnerships: EPA’s success depends 

more than ever on working with 

increasingly capable and 

environmentally conscious partners. 

The Agency works with the States and 

Tribes, business and industry, nonprofit 

organizations, environmental groups, 

and educational institutions in a wide 

variety of collaborative efforts. States 

and tribal nations bear important 

responsibilities for the day-to-day 

mission of environmental protection. 

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. 

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 


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EPA 

Congressional Review Act. We also 

must meet a number of requirements 

contained in Executive Orders 12866 

(Regulatory Planning and Review; 58 FR 

51735; October 4, 1993), 12898 

(Environmental Justice; 59 FR 7629; 

February 16, 1994), 13045 (Children’s 

Health Protection; 62 FR 19885; April 

23, 1997), 13132 (Federalism; 64 FR 

43255; August 10, 1999), 13175 

(Consultation and Coordination with 

Indian Tribal Governments; 65 FR 

67249; November 9, 2000), 13211 

(Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use; 66 FR 28355; May 

22, 2001). 

C. How Can You Be Involved in EPA’s 

Rule and Policymaking Process? 

You can make your voice heard by 

getting in touch with the contact person 

provided in each agenda entry. We urge 

you to participate as early in the process 

as possible. You may also participate by 

commenting on proposed rules that we 

publish in the Federal Register (FR). 

Instructions on how to submit your 

comments are provided in each of our 

Notices of Proposed Rulemaking 

(NPRMs). To be most effective, 

comments should contain information 

and data that support your position, and 

you also should explain why we should 

incorporate your suggestion in the rule 

or nonregulatory action. You can be 

particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternatives. 

We believe our actions will be more 

cost-effective and protective if our 

development process includes 

stakeholders working with us to identify 

the most practical and effective 

solutions to problems, and we stress this 

point most strongly in all of our training 

programs for rule and policy developers. 

Democracy gives real power to 

individual citizens, but with that power 

comes responsibility. We urge you to 

become involved in EPA’s rule and 

policymaking process. For more 

information about public involvement 

in EPA activities, please visit 

www.epa.gov/publicinvolvement. 

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

Agenda? 

EPA includes regulations and certain 

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

significance to the omission of an item 

from the agenda, and we generally do 

not include the following categories of 

actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the Clean Air Act: Revisions to 

State Implementation Plans; 

Equivalent Methods for Ambient Air 

Quality Monitoring; Deletions from 

the New Source Performance 

Standards source categories list; 

Delegations of Authority to States; 

Area Designations for Air Quality 

Planning Purposes; 

• Under the Federal Insecticide, 

Fungicide, and Rodenticide Act: 

Registration-related decisions, actions 

affecting the status of currently 

registered pesticides, and data callins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under the Resource Conservation and 

Recovery Act: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the Clean Water Act: State 

Water Quality Standards; deletions 

from the section 307(a) list of toxic 

pollutants; suspensions of toxic 

testing requirements under the 

National Pollutant Discharge 

Elimination System (NPDES); 

delegations of NPDES authority to 

States; 

• Under the Safe Drinking Water Act: 

Actions on State underground 

injection control programs. 

The Regulatory Flexibility Agenda 

normally includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

• Rules the Agency has identified for 

periodic review under section 610 of 

the Regulatory Flexibility Act. There 

are four rules for 610 reviews in 2010. 

E. How Is the E-Agenda Organized? 

You can now choose how both the 

www.reginfo.gov and 

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

include: EPA subagency; stage of 

rulemaking, explained below; 

alphabetically by title; and by the 

Regulation Identifier Number (RIN), 

which is assigned sequentially when an 

action is added to the agenda. 

Stages of rulemaking include: 

1. Prerulemaking—Prerulemaking 

actions are generally intended to 

determine whether EPA should initiate 

rulemaking. Prerulemakings may 

include anything that influences or 

leads to rulemaking, such as Advance 

Notices of Proposed Rulemaking 

(ANPRMs studies or analyses of the 

possible need for regulatory action, 

announcement of reviews of existing 

regulations required under section 610 

of the Regulatory Flexibility Act, 

requests for public comment on the 

need for regulatory action, or important 

preregulatory policy proposals). 

2. Proposed Rule—This section 

includes EPA rulemaking actions that 

are within a year of proposal 

(publication of Notices of Proposed 

Rulemakings (NPRMs)). 

3. Final Rule—This section includes 

rules that will be issued as a final rule 

within a year. 

4. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action is after 

October 2011. 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 2010. It also includes actions 

that EPA is no longer considering. If an 

action appears in the completed section, 

it will not appear in future agendas 

unless we decide to initiate action 

again, in which case it will appear as a 

new entry. EPA also announces the 

results of the Regulatory Flexibility Act 

section 610 reviews in this section of 

the agenda. 

F. What Information Is in the 

Regulatory Flexibility Agenda and the 

E-Agenda? 

Regulatory Flexibility Agenda entries 

include: 

Sequence Number, RIN, Title, 

Description, Statutory Authority, 

Section 610 Review, if applicable, 

Regulatory Flexibility Analysis 

Required, Schedule, Contact Person. 

E-Agenda entries include: 

Title: Titles for new entries (those that 

have not appeared in previous agendas) 

are preceded by a bullet (•). The 


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notation ‘‘Section 610 Review’’ follows 

the title if we are reviewing the rule as 

part of our periodic review of existing 

rules under section 610 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 610). 

Priority: Entries are placed into one of 

five categories described below. OMB 

reviews all significant rules including 

both of the first two categories, 

‘‘economically significant’’ and ‘‘other 

significant.’’ 

Economically Significant: Under E.O. 

12866, a rulemaking action that may 

have an annual effect on the economy 

of $100 million or more, or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

Other Significant: A rulemaking that 

is not economically significant but is 

considered significant for other reasons. 

This category includes rules that may: 

1. Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

2. Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients; or 

3. Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

in Executive Order 12866. 

Substantive, Nonsignificant: A 

rulemaking that has substantive impacts 

but is not Significant, Routine and 

Frequent, or 

Informational/Administrative/Other. 

Routine and Frequent: A rulemaking 

that is a specific case of a recurring 

application of a regulatory program in 

the Code of Federal Regulations (e.g., 

certain State Implementation Plans, 

National Priority List updates, 

Significant New Use Rules, State 

Hazardous Waste Management Program 

actions, and Tolerance Exemptions). If 

an action that would normally be 

classified Routine and Frequent is 

reviewed by the Office of Management 

and Budget under E.O. 12866, then we 

would classify the action as either 

‘‘Economically Significant’’ or ‘‘Other 

Significant.’’ 

Informational/Administrative/Other: 

An action that is primarily 

informational or pertains to an action 

outside the scope of E.O. 12866. 

Also, if we believe that a rule may be 

‘‘Major’’ as defined in the Congressional 

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

because it is likely to result in an annual 

effect on the economy of $100 million 

or more or meets other criteria specified 

in this law, we indicate this under the 

‘‘Priority’’ heading with the statement 

‘‘Major under 5 USC 801.’’ 

Legal Authority: The sections of the 

United States Code (USC), Public Law 

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

name of the law that authorizes the 

regulatory action. 

CFR Citation: The sections of the 

Code of Federal Regulations that would 

be affected by the action. 

Legal Deadline: An indication of 

whether the rule is subject to a statutory 

or judicial deadline, the date of that 

deadline, and whether the deadline 

pertains to a Notice of Proposed 

Rulemaking, a Final Action, or some 

other action. 

Abstract: A brief description of the 

problem the action will address. 

Timetable: The dates (and citations) 

that documents for this action were 

published in the Federal Register and, 

where possible, a projected date for the 

next step. Projected publication dates 

frequently change during the course of 

developing an action. The projections in 

the agenda are our best estimates as of 

the date we submit the agenda for 

publication. For some entries, the 

timetable indicates that the date of the 

next action is ‘‘to be determined.’’ 

Regulatory Flexibility Analysis 

Required: Indicates whether EPA has 

prepared or anticipates that it will be 

preparing a regulatory flexibility 

analysis under section 603 or 604 of the 

RFA. Generally, such an analysis is 

required for proposed or final rules 

subject to the RFA that EPA believes 

may have a significant economic impact 

on a substantial number of small 

entities. 

Small Entities Affected: Indicates 

whether we expect the rule to have any 

effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether we expect the rule to have any 

effect on levels of government and, if so, 

whether the governments are State, 

local, tribal, or Federal. 

Federalism Implications: Indicates 

whether the action is expected to have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Unfunded Mandates: Section 202 of 

the Unfunded Mandates Reform Act 

generally requires an assessment of 

anticipated costs and benefits if a rule 

includes a mandate that may result in 

expenditures of more than $100 million 

in any one year by State, local, and 

tribal governments, in the aggregate, or 

by the private sector. If we expect to 

exceed this $100 million threshold, we 

note it in this section. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under E.O. 13211. 

International Trade Impacts: Indicates 

whether the action is likely to have 

international trade or investment effects, 

or otherwise be of international interest. 

Agency Contact: The name, address, 

phone number, and e-mail address, if 

available, of a person who is 

knowledgeable about the regulation. 

Additional Information: Other 

information about the action including 

docket information. 

URLs: For some of our actions, we 

include the Internet addresses for 

reading copies of rulemaking 

documents, submitting comments on 

proposals, and getting more information 

about the rulemaking and the program 

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

comments on proposals, you can go to 

our electronic docket, which is at 

www.regulations.gov. Once there, 

follow the online instructions to access 

the docket and submit comments. A 

docket identification (ID) number will 

assist in the search for materials. We 

include this number in the additional 

information section of many of the 

agenda entries that have already been 

proposed.) 

RIN: The Regulation Identifier 

Number is used by OMB to identify and 

track rulemakings. The first four digits 

of the RIN stand for the EPA office with 

lead responsibility for developing the 

action. 

G. How Can I Find Out About 

Rulemakings That Start Up After the 

Regulatory Agenda Is Signed? 

EPA posts monthly information of 

new rulemakings that the Agency’s 

senior managers have decided that we 


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should develop. We also distribute this 

list via e-mail. You can see the current 

list, which we call the Action Initiation 

List at 

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

ail.html where you will also find 

information about how to get an e-mail 

notification when a new list is posted. 

H. What Tools for Mining Regulatory 

Agenda Data and for Finding More 

About EPA Rules and Policies Are 

Available at Reginfo.gov, EPA.gov, and 

Regulations.gov? 

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

Searchable Database 

The Regulatory Information Service 

Center and Office of Information and 

Regulatory Affairs have revised a 

Federal regulatory dashboard and 

continue to allow users to view the 

Regulatory Agenda database 

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

eAgendaMain), which includes 

powerful search, display, and data 

transmission options. At that site you 

can: 

1. See the preamble. At the URL listed 

above for the Unified Agenda and 

Regulatory Plan, find ‘‘Current Agenda 

Agency Preambles.’’ Environmental 

Protection Agency is listed 

alphabetically under ‘‘Other Executive 

Agencies.’’ 

2. Get a complete list of EPA’s entries 

in the current edition of the Agenda. 

Use the drop-down menu in the ‘‘Select 

Agency’’ box to find Environmental 

Protection Agency and ‘‘Submit.’’ 

3. View the contents of all of EPA’s 

entries in the current edition of the 

Agenda. Choose ‘‘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 Websites 

Some actions listed in the Agenda 

include a URL that provides additional 

information. 

3. Public Dockets 

When EPA publishes either an 

Advanced Notice of Proposed 

Rulemaking (ANPRM) or a NPRM in the 

Federal Register, the Agency typically 

establishes a docket to accumulate 

materials throughout the development 

process for that rulemaking. The docket 

serves as the repository for the 

collection of documents or information 

related to a particular Agency action or 

activity. EPA most commonly uses 

dockets for rulemaking actions, but 

dockets may also be used for Regulatory 

Flexibility Act section 610 reviews of 

rules with significant economic impacts 

on a substantial number of small entities 

and for various nonrulemaking 

activities, such as Federal Register 

documents seeking public comments on 

draft guidance, policy statements, 

information collection requests under 

the Paperwork Reduction Act, and other 

non-rule activities. Docket information 

should be in that action’s agenda entry. 

All of EPA’s public dockets can be 

located at www.regulations.gov. 

4. EPA’s Rulemaking Gateway 

EPA’s Rulemaking Gateway 

(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 has four rules scheduled for 610 

review in 2010. 

Rule Being Reviewed RIN Docket ID # 

National Primary Drinking Water Regulations: Radionuclides (Section 

610 Review) 

2040-AF19 ................................................ EPA-HQ-OW-2010-0166 

Effluent Guidelines and Standards for the Centralized Waste Treatment 

Industry (Section 610 Review) 

2040-AF18 ................................................ EPA-HQ-OW-2010-0169 

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

Gasoline Sulfur Standards (Section 610 Review) 

2060-AQ12 ................................................ EPA-HQ-OAR-2010-0052 

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79849 

EPA 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the applicable program (Water or Air) 

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

1301 Constitution Avenue NW., 

Washington, DC 20460. The Public 

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

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566-1744. Unless otherwise 

indicated, please direct your comments 

to the identified docket ID number for 

the specific 610 Review item. For these 

610 Reviews, please DO NOT submit 

CBI or information that is otherwise 

protected by statute. You may submit 

comments using one of the following 

methods: 

1. Electronically. Go directly to 

www.regulations.gov and find 

‘‘Advanced Docket Search.’’ Enter the 

appropriate docket ID number. The 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

If you do submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment. EPA’s policy 

is that EPA will not edit your comment, 

and any identifying or contact 

information provided in the body of a 

comment will be included as part of the 

comment that is placed in the official 

public docket and made available in 

EPA’s electronic public docket. 

2. By Mail. Send your comments to: 

EPA Docket Center (EPA/DC), 

Environmental Protection Agency, 

Docket # [insert applicable docket 

number], 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. 

3. By Hand Delivery or Courier. 

Deliver your comments, identified by 

the Docket # [insert applicable docket 

number], to: EPA Docket Center 

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

Constitution Avenue NW., Washington, 

DC 20460. The EPA Docket Center 

Public Reading Room is open from 8:30 

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

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is (202) 566-1744. Such deliveries are 

only accepted during the docket center’s 

normal hours of operation as identified 

above. For more information on EPA’s 

docket center, please visit 

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

dockets.htm. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

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

consider these late comments. For this 

action, please DO NOT submit CBI or 

information that is otherwise protected 

by statute. 

J. What Other Special Attention Do We 

Give to the Impacts of Rules on Small 

Businesses, Small Governments, and 

Small Nonprofit Organizations? 

For each of our rulemakings, we 

consider whether there will be any 

adverse impact on any small entity. We 

attempt to fit the regulatory 

requirements, to the extent feasible, to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

Under RFA/SBREFA (the Regulatory 

Flexibility Act as amended by the Small 

Business Regulatory Enforcement 

Fairness Act), the Agency must prepare 

a formal analysis of the potential 

negative impacts on small entities, 

convene a Small Business Advocacy 

Review Panel (proposed rule stage), and 

prepare a Small Entity Compliance 

Guide (final rule stage) unless the 

Agency certifies a rule will not have a 

significant economic impact on a 

substantial number of small entities. For 

more detailed information about the 

Agency’s policy and practice with 

respect to implementing RFA/SBREFA, 

please visit the RFA/SBREFA Web site 

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

For a list of the rules under 

development for which a Regulatory 

Flexibility Analysis will be required, go 

to 

http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=UnifiedAgenda. 

K. Thank You for Collaborating With 

Us 

Finally, we would like to thank those 

of you who choose to join with us in 

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 10, 2010 

Louise Wise, 

Deputy Associate Administrator, Office of 

Policy, Economics, and Innovation. 

CLEAN AIR ACT—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

CLEAN AIR ACT—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

444 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Reg Plan Seq No. 149) ....................................................................................................................... 2060–AM44 

445 National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq No. 154) .................................................................................... 2060–AQ25 

446 Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm Oil ........ 2060–AQ36 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
79850 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

EPA 

CLEAN AIR ACT—Final Rule Stage (Continued) 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

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 

Number Title 

Regulation 

Identifier 

Number 

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

CLEAN AIR ACT—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

449 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards (Completion 

of a Section 610 Review) .......................................................................................................................................... 2060–AQ12 

450 Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil ....... 2060–AQ35 

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

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

Sequence 

Number Title 

Regulation 

Identifier 

Number 

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

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

TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

454 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (Reg 

Plan Seq No. 155) ...................................................................................................................................................... 2070–AJ57 

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 

Number Title 

Regulation 

Identifier 

Number 

455 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program 2070–AJ55 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79851 

EPA 

CLEAN WATER ACT—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

456 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review) ................ 2040–AF18 

CLEAN WATER ACT—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

457 Stormwater Regulations Revision To Address Discharges From Developed Sites (Reg Plan Seq No. 146) ............ 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)—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

458 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 

Number Title 

Regulation 

Identifier 

Number 

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

SAFE DRINKING WATER ACT (SDWA)—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

460 National Primary Drinking Water Regulations: Radionuclides (Completion of a Section 610 Review) .................... 2040–AF19 

Environmental Protection Agency (EPA) Proposed Rule Stage 

Clean Air Act 

443. 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. 

Timetable: 

Action Date FR Cite 

NPRM 06/00/11 

Final Action 07/00/12 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
79852 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

EPA—Clean Air Act Proposed Rule Stage 

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 

Environmental Protection Agency (EPA) Final Rule Stage 

Clean Air Act 

444. NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR AREA SOURCES: 

INDUSTRIAL, COMMERCIAL, AND 

INSTITUTIONAL BOILERS 

Regulatory Plan: This entry is Seq. No. 

149 in part II of this issue of the 

Federal Register. 

RIN: 2060–AM44 

445. NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR MAJOR 

SOURCES: INDUSTRIAL, 

COMMERCIAL, AND INSTITUTIONAL 

BOILERS AND PROCESS HEATERS 

Regulatory Plan: This entry is Seq. No. 

154 in part II of this issue of the 

Federal Register. 

RIN: 2060–AQ25 

446. ∑ 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 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.For this supplemental notice, EPA 

plans to publish a final determination 

for ethanol produced and biomassbased diesel produced from palm oil. 

The Agency will issue a Direct Final 

Notice of Supplemental Determination 

in early November. 

Timetable: 

Action Date FR Cite 

Direct Final Action 02/00/11 

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 

Email: argyropoulos.paul@epa.gov 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

C99, Ann Arbor, MI 48105 

Phone: 734 214–4507 

Fax: 734 14–4018 

Email: korotney.david@epamail.epa.gov 

RIN: 2060–AQ36 

447. ∑ SUPPLEMENTAL 

DETERMINATION FOR RENEWABLE 

FUELS PRODUCED UNDER THE 

FINAL RFS2 PROGRAM FROM 

PULPWOOD 

Legal Authority: Clean Air Act Section 

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. 

For this supplemental notice, EPA 

plans to publish a final determination 

for cellulosic biofuels produced from 

pulpwood. The Agency will issue a 

Direct Final Notice of Supplemental 

Determination in February. 

Timetable: 

Action Date FR Cite 

Direct Final Action 02/00/11 

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 

Email: argyropoulos.paul@epa.gov 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

C99, Ann Arbor, MI 48105 

Phone: 734 214–4507 

Fax: 734 14–4018 

Email: korotney.david@epamail.epa.gov 

RIN: 2060–AQ49 

Environmental Protection Agency (EPA) Long-Term Actions 

Clean Air Act 

448. 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, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79853 

EPA—Clean Air Act Long-Term Actions 

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 

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, 1200 

Pennsylvania Ave, NW, Washington, 

DC 20460 

Phone: 919 541–2837 

Fax: 919 541–4991 

Email: fruh.steve@epamail.epa.gov 

RIN: 2060–AP69 

Environmental Protection Agency (EPA) Completed Actions 

Clean Air Act 

449. TIER II LIGHT–DUTY VEHICLE 

AND LIGHT–DUTY TRUCK EMISSION 

STANDARDS AND GASOLINE 

SULFUR STANDARDS (COMPLETION 

OF A SECTION 610 REVIEW) 

Legal Authority: 5 USC 610 

Abstract: On February 10, 2000 (65 FR 

6698), EPA promulgated a regulation to 

require emission standards for lightduty vehicles and light-duty trucks 

through lowering tailpipe emission 

standards. Specifically, EPA sought to 

reduce emissions of nitrogen oxides 

and non-methane hydrocarbons, 

pollutants which contribute to ozone 

pollution. The rulemaking also 

provided limitations on the sulfur 

content of gasoline available 

nationwide. Sulfur in gasoline has a 

detrimental impact on catalyst 

performance and could be a limiting 

factor in the introduction of advanced 

technologies on motor vehicles. 

Pursuant to section 610 of the 

Regulatory Flexibility Act, on February 

19, 2010, EPA initiated a review of this 

rule to determine if it should be 

continued without change, or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities (75 FR 7426). EPA has solicited 

comments on, the following factors: (1) 

The continued need for the rule; (2) 

the nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent 

to which the rule overlaps, duplicates, 

or conflicts with other Federal, State, 

or local government rules; and (5) the 

degree to which technology, economic 

conditions, or other factors have 

changed in the area affected by the 

rule. No relevant comments were 

received, and EPA has concluded that 

the rule needs no revisions at this time 

to minimize impacts on small entities. 

See EPA’s report summarizing the 

results of this review in the docket 

EPA-HQ-OAR-2010-0052. This docket 

can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Action 02/10/00 65 FR 6698 

Begin Review 02/19/10 75 FR 7426 

End Comment Period 03/22/10 

End Review 06/11/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Tad Wysor, 

Environmental Protection Agency, Air 

and Radiation, USEPA, Ann Arbor, MI 

48105 

Phone: 734 214–4332 

Fax: 734 214–4816 

Email: wysor.tad@epamail.epa.gov 

Tom Eagles, Environmental Protection 

Agency, Air and Radiation, 6103A, 

Washington, DC 20460 

Phone: 202 564–1952 

Fax: 202 564–1554 

Email: eagles.tom@epamail.epa.gov 

RIN: 2060–AQ12 

450. ∑ SUPPLEMENTAL 

DETERMINATION FOR RENEWABLE 

FUELS PRODUCED UNDER THE 

FINAL RFS2 PROGRAM FROM 

CANOLA 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 biodiesel from canola 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. 

For this supplemental notice, EPA 

plans to publish a final determination 

for biomass-based diesel produced from 

canola oil. The Agency will issue a 

Direct Final Notice of Supplemental 

Determination in mid-September. 

Timetable: 

Action Date FR Cite 

Direct Final Action 09/28/10 75 FR 59622 

Final Action Effective 09/28/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Paul Argyropoulos, 

Environmental Protection Agency, Air 

and Radiation, 6520J ARN, Washington, 

DC 20460 

Phone: 202 564–1123 

Fax: 202 564–1686 

Email: argyropoulos.paul@epa.gov 

David Korotney, Environmental 

Protection Agency, Air and Radiation, 

C99, Ann Arbor, MI 48105 

Phone: 734 214–4507 

Fax: 734 14–4018 

Email: korotney.david@epamail.epa.gov 

RIN: 2060–AQ35 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
79854 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

Environmental Protection Agency (EPA) Proposed Rule Stage 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 

451. PESTICIDES; RECONSIDERATION 

OF EXEMPTIONS FOR INSECT 

REPELLENTS 

Legal Authority: 7 USC 136a; 7 USC 

136w 

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 09/00/11 

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) Long-Term Actions 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 

452. PESTICIDES; CERTIFICATION OF 

PESTICIDE APPLICATORS 

Legal Authority: 7 USC 136; 7 USC 

136i; 7 USC 136w 

Abstract: EPA is proposing change the 

federal regulations under the Federal 

Insecticide, Fungicide and Rodenticide 

Act (FIFRA) that guide the certified 

pesticide applicator program (40 CFR 

171). Change is sought to strengthen the 

regulations to better protect pesticide 

applicators and the public and the 

environment from harm due to 

pesticide exposure. The possible need 

for change arose from EPA discussions 

with key stakeholders. EPA has been 

in extensive discussions with 

stakeholders since 1997 when the 

Certification and Training Assessment 

Group (CTAG) was established. CTAG 

is a forum used by regulatory and 

academic stakeholders to discuss the 

current state of, and the need for 

improvements in, the national certified 

pesticide applicator program. 

Throughout these extensive interactions 

with stakeholders, EPA has learned of 

the potential need for changes to the 

regulation. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/12 

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 

Email: 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 

Email: pont.richard@epa.gov 

RIN: 2070–AJ20 

453. PESTICIDES; AGRICULTURAL 

WORKER PROTECTION STANDARD 

REVISIONS 

Legal Authority: 7 USC 136; 7 USC 

136w 

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 establish a right-to-know Hazard 

Communication program and make 

improvements to pesticide safety 

training, with improved worker safety 

the intended outcome. The potential 

need for change arose from EPA 

discussions with key stakeholders 

beginning in 1996 and continuing 

through 2004. EPA held nine public 

meetings throughout the country during 

which the public submitted written and 

verbal comments on issues of their 

concern. In 2000 through 2004, EPA 

held meetings where invited 

stakeholders identified their issues and 

concerns with the regulations. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/12 

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 

Email: 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 

Email: pont.richard@epa.gov 

RIN: 2070–AJ22 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79855 

Environmental Protection Agency (EPA) Final Rule Stage 

Toxic Substances Control Act (TSCA) 

454. LEAD; CLEARANCE AND 

CLEARANCE TESTING 

REQUIREMENTS FOR THE 

RENOVATION, REPAIR, AND 

PAINTING PROGRAM 

Regulatory Plan: This entry is Seq. No. 

155 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ57 

Environmental Protection Agency (EPA) Completed Actions 

Toxic Substances Control Act (TSCA) 

455. LEAD; AMENDMENT TO THE 

OPT–OUT AND RECORDKEEPING 

PROVISIONS IN THE RENOVATION, 

REPAIR, AND PAINTING PROGRAM 

Legal Authority: 15 USC 2601(c); 15 

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

2686; 15 USC 2687 

Abstract: As part of a lawsuit 

settlement, EPA agreed to make several 

revisions to the 2008 Lead Renovation, 

Repair, and Painting Program (RRP) 

rule that established accreditation, 

training, certification, and 

recordkeeping requirements as well as 

work practice standards on persons 

performing renovations for 

compensation in most pre-1978 housing 

and child-occupied facilities. In 

October of 2009, EPA proposed 

amendments to the opt-out provision 

that currently exempts a renovator from 

the training and work practice 

requirements of the rule when he or 

she obtains a certification from the 

owner of a residence he or she occupies 

that no child under age 6 or pregnant 

women resides in the home and the 

home is not a child-occupied facility. 

EPA also proposed revisions that 

involve renovation firms providing the 

owner with a copy of the records they 

are currently required to maintain to 

demonstrate compliance with the 

training and work practice 

requirements of the RRP rule and, if 

different, providing the information to 

the occupant of the building being 

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

proposed amendments, EPA considered 

various minor amendments to the 

regulations concerning training 

provider accreditations, renovator 

certifications and State and Tribal 

program requirements. In May, 2010, 

EPA published a final rule eliminating 

the opt-out provision and finalizing the 

other provisions. 

Timetable: 

Action Date FR Cite 

NPRM 10/28/09 74 FR 55506 

Final Action 05/06/10 75 FR 24802 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Marc Edmonds, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460 

Phone: 202 566–0758 

Email: edmonds.marc@epa.gov 

Michelle Price, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460 

Phone: 202 566–0744 

Email: price.michelle@epa.gov 

RIN: 2070–AJ55 

Environmental Protection Agency (EPA) Prerule Stage 

Clean Water Act 

456. EFFLUENT GUIDELINES AND 

STANDARDS FOR THE CENTRALIZED 

WASTE TREATMENT INDUSTRY 

(SECTION 610 REVIEW) 

Legal Authority: 5 USC 610 

Abstract: In December 2000, EPA 

promulgated effluent limitations for the 

Centralized Waste Treatment (CWT) 

Point Source Category at 40 CFR 437 

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

CWT facility treats or recovers 

hazardous or non-hazardous industrial 

waste, wastewater, or used material 

from off-site. The regulation established 

wastewater discharge standards for 

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

a Small Entity Compliance Guide, 

which provides easy-to-read 

descriptions of the regulations and 

other helpful information on how to 

comply such as a question and answer 

section. 

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 

is considering, and has solicited 

comments on, the following factors: (1) 

the continued need for the rule; (2) the 

nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent 

to which the rule overlaps, duplicates, 

or conflicts with other Federal, State, 

or local government rules; and (5) the 

degree to which technology, economic 

conditions, or other factors have 

changed in the area affected by the 

rule. The comment period closed July 

31, 2010. The Docket ID number is 

EPA-HQ-OW-2010-0169. EPA will 

summarize the results of this review in 

a report and place that report in the 

rulemaking docket referenced above. 

You can access that docket at 

www.regulations.gov. 

EPA continues to view the effluent 

limitations for the CWT category as a 

necessary component of the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
79856 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

EPA—Clean Water Act Prerule Stage 

comprehensive program to restore and 

maintain the quality of our Nation’s 

waters. EPA intends to continue to 

require compliance with the regulation. 

Until and unless the Agency modifies 

the rule, the discharges described in 40 

CFR 437.1 remain subject to the final 

rules. 

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 12/00/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Erik Helm, 

Environmental Protection Agency, 

Water, 4303T, Washington, DC 20460 

Phone: 202 566–1049 

Email: helm.erik@epamail.epa.gov 

RIN: 2040–AF18 

Environmental Protection Agency (EPA) Proposed Rule Stage 

Clean Water Act 

457. STORMWATER REGULATIONS 

REVISION TO ADDRESS 

DISCHARGES FROM DEVELOPED 

SITES 

Regulatory Plan: This entry is Seq. No. 

146 in part II of this issue of the 

Federal Register. 

RIN: 2040–AF13 

Environmental Protection Agency (EPA) Prerule Stage 

Safe Drinking Water Act (SDWA) 

458. ∑ NATIONAL PRIMARY DRINKING 

WATER REGULATIONS; ARSENIC 

AND CLARIFICATIONS TO 

COMPLIANCE AND NEW SOURCE 

CONTAMINANTS MONITORING 

(SECTION 610 REVIEW) 

Legal Authority: 5 USC 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, this 

new entry in the regulatory agenda 

announces that EPA will review 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 will consider and solicit 

comments on the following factors: (1) 

The continued need for the rule; (2) 

the nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent 

to which the rule overlaps, duplicates, 

or conflicts with other Federal, State, 

or local government rules; and (5) the 

degree to which the technology, 

economic conditions or other factors 

have changed in the area affected by 

the rule. Comments must be received 

within 60 days of this notice. In 

submitting comments, please reference 

Docket ID EPA-HQ-OW-2010-0728 and 

follow the instructions provided in the 

preamble to this issue of the Regulatory 

Agenda. This docket can be accessed 

at www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule 01/22/01 66 FR 6976 

Action Date FR Cite 

Initiate 610 Review 12/00/10 

End Comment Period 01/00/11 

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 

Email: 

flaharty.stephanie@epamail.epa.gov 

Wynne Miller, Environmental 

Protection Agency, Water, 4607M, 

Washington, DC 20460 

Phone: 202 564–4887 

Fax: 202 564–3760 

Email: miller.wynne@epamail.epa.gov 

RIN: 2040–AF24 

Environmental Protection Agency (EPA) Long-Term Actions 

Safe Drinking Water Act (SDWA) 

459. NATIONAL PRIMARY DRINKING 

WATER REGULATIONS: RADON 

Legal Authority: 42 USC 300f, et seq 

Abstract: In 1999, EPA proposed 

regulations for radon which provide 

flexibility in how to manage the health 

risks from radon in drinking water. The 

proposal was based on the unique 

framework in the 1996 SDWA. The 

proposed regulation would provide for 

either a maximum contaminant level 

(MCL), or an alternative maximum 

contaminant level (AMCL) with a 

multimedia mitigation (MMM) program 

to address radon in indoor air. Under 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79857 

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

the proposal, public water systems in 

States that adopted qualifying MMM 

programs would be subject to the 

AMCL, while those in States that did 

not adopt such programs would be 

subject to the MCL. 

Timetable: 

Action Date FR Cite 

ANPRM 09/30/86 51 FR 34836 

NPRM original 07/18/91 56 FR 33050 

Action Date FR Cite 

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 

Email: allen.rebeccak@epamail.epa.gov 

Eric Burneson, Environmental 

Protection Agency, Water, 4607M, 

Washington, DC 20460 

Phone: 202 564–5250 

Email: burneson.eric@epa.gov 

RIN: 2040–AA94 

Environmental Protection Agency (EPA) Completed Actions 

Safe Drinking Water Act (SDWA) 

460. NATIONAL PRIMARY DRINKING 

WATER REGULATIONS: 

RADIONUCLIDES (COMPLETION OF A 

SECTION 610 REVIEW) 

Legal Authority: 5 USC 610 

Abstract: On December 7, 2000 (65 FR 

76708), EPA promulgated final revised 

and/or new national primary drinking 

water regulations (NPDWRs) for 

nonradon radionuclides as authorized 

by the Safe Drinking Water Act 

(SDWA). In this action, referred to as 

the Radionuclides Rule, EPA 

promulgated maximum contaminant 

level goals (MCLGs), maximum 

contaminant levels (MCLs), monitoring, 

reporting, and public notification 

requirements for gross alpha particle 

activity, combined radium-226 and 228, 

beta particle and photon activity and 

uranium. The Radionuclides Rule 

became effective on December 8, 2003. 

Pursuant to section 610 of the 

Regulatory Flexibility Act, EPA has 

reviewed this rule to determine if it 

should be continued without change, or 

should be rescinded or amended to 

minimize adverse economic impacts on 

small entities. This review was 

announced in the Regulatory Agenda 

on April 26, 2010 (75 FR 21883). 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. 

EPA received five comment letters. The 

results of EPA’s review have been 

summarized in a report and placed in 

the rulemaking docket (docket number 

EPA-HQ-OW-2010- 0166 at 

www.regulations.gov). These results are 

briefly summarized here. 

There was consensus among the 

commenters about the continued need 

for the Radionuclides Rule, because it 

serves as an important tool to protect 

the health of people who get their 

drinking water from public systems 

using sources of water with high levels 

of radionuclides. 

While none of the commenters 

expressed a need to rescind the rule, 

most of the comments were aimed at 

suggesting that the Agency make 

clarifications in certain areas of the rule 

to aid small entities in its rule 

compliance. 

After reviewing all the comments 

regarding this Section 610 review the 

Agency has concluded that revisions or 

amendments to the Radionuclides rule 

are not warranted at this time. 

However, EPA is evaluating the need 

to provide additional guidance and 

clarification on those issues raised by 

the commenters to assist in the rule 

implementation. 

The Agency bases its decision to not 

revise or amend the rule at this time 

on the analysis conducted during the 

promulgation of the rule which were 

aimed at reducing economic burden on 

small entities. Among the measures that 

the Agency took to minimize impacts 

on small entities are: (1) The selection 

of a less stringent MCL for uranium, 

(2) a reduction in the overall 

monitoring frequencies for systems 

with radionuclides levels less than the 

MCL, (3) allowance of grandfathered 

data and State monitoring discretion for 

determining the initial monitoring 

baseline, and (4) the exclusion of 

nontransient, non-community water 

systems from the radionuclides 

regulations. 

EPA will continue to evaluate the 

effectiveness of the Radionuclides rule 

and the potential to decrease the rule’s 

implementation burden within the 

framework provided by the SDWA and 

other agency initiatives. 

EPA continues to view the NPDWRs for 

radionuclides as important to ensure 

and protect the health of consumers 

served by public drinking water 

systems and intends to continue to 

require compliance with these 

NPDWRs. 

Timetable: 

Action Date FR Cite 

Final Action 12/07/00 65 FR 76708 

Begin Review 04/26/10 75 FR 21883 

End Comment Period 07/26/10 

End Review 09/10/10 

Regulatory Flexibility Analysis 

Required: No 

Agency Contact: Stephanie Flaharty, 

Environmental Protection Agency, 

Water, 4601M, Washington, DC 20460 

Phone: 202 564–5072 

Email: 

flaharty.stephanie@epamail.epa.gov 

Tracy Bone, Environmental Protection 

Agency, Water, 4601M, Washington, DC 

20460 

Phone: 202 564–5257 

Fax: 202 564–3753 

Email: bone.tracy@epamail.epa.gov 

RIN: 2040–AF19 

[FR Doc. 2010–30459 Filed 12–17–10; 8:45 

am] 

BILLING CODE 6560–50–S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS18