U. S. E NVIRONMENTAL P ROTECTION A GENCY O FFICE OF P REVENTION , P ESTICIDES , AND T OXIC S UBSTANCES (OPPTS) 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460

OMB R EVIEW U NDER E XECUTIVE O RDER 12866

D OCUMENTATION OF C HANGES M ADE D URING OMB R EVIEW

Title of Action: Elemental Mercury Used in Flow Meters, Natu ral Gas Manometers, and Pyrometers; Proposed Significant New Use Rule

Docket #: EPA-HQ-OPPT-2008-0483 FRL#: FRL-8432-3 RIN #: 2070-AJ36

This action was submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). According to section 6(a)(3)(E) of the Executive Order, whenever the Agency makes publicly available a regulatory action that was reviewed under Executive Order 12866, the Agency is also required to: (1) Make available to the public a copy of the information that was provided to OMB's Office of Information and Regulatory Affairs (OIRA) for review under to the Executive Order, i.e., the text of the draft regulatory action and, if applicable, an a ssessment of the potential costs and benefits; as well as additional information required for those actions that are determined to be economically significant under section 3(f) of the Executive Order (see section 6(a)(3)(B) & (C)); (2) Identify for the public any substantive changes between the draft submitted to OMB and the action that was subsequently issued, using a method that is complete, clear and simple; and (3) Identify for the public those substantive changes made at the suggestion or recommendation of OIRA.

For this regulatory action, were substantive ch anges made to the regulatory action reviewed

under Executive Order 12866? [Please check the appropriate box.]

 YES. [Include in the docket the information identified in items 1-3 below.]

 NO. [Include in the docket the information identified under item 1 below.]

Accordingly, the Agency has included the following information in the public docket for this regulatory action: (4) A copy of the information that was provided to OIRA for review under the Executive Order; (5) Using one of the following methods, documentation of any substantive changes that were made to the draft regulatory text that was submitted to OIRA, when compared with what subsequently published [check the appropriate box.] :  A copy of the draft regulatory action submitted, with redline and strikeout to show the substantive changes that were made;

 A document that identifies the substantive changes that were made, with page and paragraph references to the draft regulatory action that was submitted; or

 Other (please describe): (6) Substantive changes made at the suggestion or recommendation of OMB, if any, are identified [check the appropriate box.] :  No changes were made at OMB’s recommendation.

 Through attributions to OMB in the redline and strikeout version or other document identifying the changes made at OMB’s suggestion; or

 Other (please describe):

If you have any questions about the regulatory action or this documentation, please call the contact:

Name: Peter Gimlin E- Mail: gimlin.peter@epa.gov Phone: 202-566-0515

RCS - OMB-7f (revised 09/27/05)