## Monday, December 20, 2010



# Part XV



# Environmental Protection Agency

Semiannual Regulatory Agenda


### 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 soonas they are published, please send an email message with your name and address to: nscep@bps-lmit.com and put ‘‘E-Regulatory Agenda: Electronic Copy’’ in the subject line.

If you would like to regularly receive information about the rules newly approved for development, sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/search/ ail.html#notification and completing the 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


### 79845 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**EPA**

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 isshifting 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


### 79846 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**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 certainmajor policy documents in the eAgenda. However, there is no legal significance to the omission of an item from the agenda, and we generally do not include the following categories of actions:

• Administrative actions such as

delegations of authority, changes of address, or phone numbers;

• Under the Clean Air Act: Revisions to

State Implementation Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions from the New Source Performance Standards source categories list; Delegations of Authority to States; Area Designations for Air Quality Planning Purposes;

• Under the Federal Insecticide,

Fungicide, and Rodenticide Act: Registration-related decisions, actions affecting the status of currentlyregistered pesticides, and data callins;

• Under the Federal Food, Drug, and

Cosmetic Act: Actions regarding pesticide tolerances and food additive regulations;

• Under the Resource Conservation and

Recovery Act: Authorization of State solid waste management plans; hazardous waste delisting petitions;

• Under the Clean Water Act: State

Water Quality Standards; deletions from the section 307(a) list of toxic pollutants; suspensions of toxic testing requirements under the National Pollutant Discharge Elimination System (NPDES); delegations of NPDES authority to States;

• Under the Safe Drinking Water Act:

Actions on State underground injection control programs.
The Regulatory Flexibility Agenda normally includes:

• Actions likely to have a significant

economic impact on a substantial number of small entities.

• Rules the Agency has identified for

periodic review under section 610 of the Regulatory Flexibility Act. There are four rules for 610 reviews in 2010.
E. How Is the E-Agenda Organized?

You can now choose how both the www.reginfo.gov andwww.regulations.gov versions of the eAgenda are organized. Current choices include: EPA subagency; stage of rulemaking, explained below; alphabetically by title; and by the Regulation Identifier Number (RIN), which is assigned sequentially when an action is added to the agenda.

Stages of rulemaking include: 1. Prerulemaking—Prerulemaking actions are generally intended to determine whether EPA should initiate rulemaking. Prerulemakings may include anything that influences or leads to rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs 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


### 79847 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

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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


### 79848 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

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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.


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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–AM44445 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


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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


### 79851 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**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


### 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 determinationfor 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,


### 79853 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**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 torequire emission standards for lightduty vehicles and light-duty trucks through lowering tailpipe emission standards. Specifically, EPA sought to reduce emissions of nitrogen oxides and non-methane hydrocarbons, pollutants which contribute to ozone pollution. The rulemaking also provided limitations on the sulfur content of gasoline available nationwide. Sulfur in gasoline has a detrimental impact on catalyst performance and could be a limiting factor in the introduction of advanced technologies on motor vehicles.
Pursuant to section 610 of the Regulatory Flexibility Act, on February 19, 2010, EPA initiated a review of this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities (75 FR 7426). 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


### 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


### 79855 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**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 beingrenovated or the operator of the childoccupied facility. In addition to the proposed amendments, EPA considered various minor amendments to the regulations concerning training provider accreditations, renovator certifications and State and Tribal program requirements. 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 forthree major types of wastes: metalbearing, oily, and organic. EPA issued a Small Entity Compliance Guide, which provides easy-to-read descriptions of the regulations and other helpful information on how to comply such as a question and answer section.

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


### 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


### 79857 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda

**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**