1624 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[EPA–HQ–OA–2012–0077; FRL–9744–8] 

Fall 2012 Regulatory Agenda 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory 

flexibility agenda and semiannual 

regulatory agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the semiannual 

regulatory agenda online (the e-Agenda) 

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

www.regulations.gov to update the 

public about: Regulations and major 

policies currently under development; 

reviews of existing regulations and 

major policies; and rules and major 

policy makings completed or canceled 

since the publication of 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 

now is only available through an online 

database. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about regulations that may 

have a significant impact on a 

substantial number of small entities. We 

continue to publish it in the Federal 

Register because it is required by the 

Regulatory Flexibility Act of 1980. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center. 

‘‘Regulatory Agenda Preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

the Regulatory Flexibility Agenda and 

the e-Agenda. 

‘‘Regulatory Development and 

Retrospective Review Tracker’’ refers to 

an online portal to EPA’s priority rules 

and retrospective reviews of existing 

regulations. More information about the 

Regulatory Development and 

Retrospective Review Tracker appears 

in section H of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions or comments about 

a particular action, please get in touch 

with the agency contact listed in each 

agenda entry. If you have general 

questions about the semiannual 

regulatory agenda, please contact: Caryn 

Muellerleile 

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

2855) or Amy Cole (cole.amy@epa.gov; 

202–564–6535). 

Table of Contents 

A. Links to EPA’s Regulatory Information 

B. What key statutes and executive orders 

guide EPA’s rule and policymaking 

process? 

C. How can you be involved in EPA’s rule 

and policymaking process? 

D. What actions are included in the e-agenda 

and the regulatory agenda? 

E. How is the e-agenda organized? 

F. What information is in the Regulatory 

Flexibility Agenda and the e-Agenda? 

G. How can you find out about rulemakings 

that start up after the regulatory agenda 

is signed? 

H. What tools are available for mining 

regulatory agenda data and for finding 

more about EPA rules and policies? 

I. Reviews of rules with significant impacts 

on a substantial number of small entities 

J. What other special attention does EPA give 

to the impacts of rules on small 

businesses, small governments and small 

nonprofit organizations? 

K. Thank You for Collaborating With Us 

SUPPLEMENTARY INFORMATION: 

A. Links to EPA’s Regulatory 

Information 

• Semiannual Regulatory Agenda: 

www.reginfo.gov and 

www.regulations.gov 

• Semiannual Regulatory Flexibility 

Agenda: http://www.gpo.gov/fdsys/ 

search/home.action 

• Regulatory Development and 

Retrospective Review Tracker: 

www.epa.gov/regdarrt/ 

B. What key statutes and executive 

orders guide EPA’s rule and 

policymaking process? 

A number of environmental laws 

authorize EPA’s actions, including but 

not limited to: 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA, or Superfund), 

• Emergency Planning and 

Community Right-to-Know Act 

(EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and 

Recovery Act (RCRA), 

• Safe Drinking Water Act (SDWA), 

and 

• Toxic Substances Control Act 

(TSCA). 

Not only must EPA comply with 

environmental laws, but also 

administrative legal requirements that 

apply to the issuance of regulations, 

such as: The Administrative Procedure 

Act (APA), the Regulatory Flexibility 

Act (RFA) as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA), the Unfunded 

Mandates Reform Act (UMRA), the 

Paperwork Reduction Act (PRA), the 

National Technology Transfer and 

Advancement Act (NTTAA), and the 

Congressional Review Act (CRA). 

EPA also meets a number of 

requirements contained in numerous 

Executive Orders: 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

Oct. 4, 1993), as supplemented by 

Executive Order (EO) 13563, 

‘‘Improving Regulation and Regulatory 

Review’’ (76 FR 3821, Jan. 21, 2011); 

12898, ‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-income 

Populations’’ (59 FR 7629, Feb. 16, 

1994); 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, Apr. 23, 

1997); 13132, ‘‘Federalism’’ (64 FR 

43255, Aug. 10, 1999); 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

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

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). 

In addition to meeting its mission 

goals and priorities as described above, 

EPA is reviewing its existing regulations 

under EO 13563. This EO provides for 

periodic retrospective review of existing 

significant regulations and is intended 

to determine whether any such 

regulations should be modified, 

streamlined, expanded, or repealed, so 

as to make the Agency’s regulatory 

program more effective or less 

burdensome in achieving the regulatory 

objectives. More information about this 

review is described in EPA’s Statement 

of Priorities in the Regulatory Plan. 

C. How can you be involved in EPA’s 

rule and policymaking process? 

You can make your voice heard by 

getting in touch with the contact person 

provided in each agenda entry. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published in the Federal Register 

(FR). 

Instructions on how to submit your 

comments are provided in each 

Advanced Notice of Proposed 

Rulemaking (ANPRM) and Notice of 

Proposed Rulemaking (NPRM). To be 

most effective, comments should 

contain information and data that 

support your position, and you also 

should explain why EPA should 

incorporate your suggestion in the rule 

or nonregulatory action. You can be 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1625 

particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternatives. 

EPA believes its actions will be more 

cost effective and protective if the 

development process includes 

stakeholders working with us to help 

identify the most practical and effective 

solutions to problems. Democracy gives 

real power to individual citizens, but 

with that power comes responsibility. 

EPA encourages you to become involved 

in its rule and policymaking process. 

For more information about public 

involvement in EPA activities, please 

visit www.epa.gov/open. 

D. What actions are included in the eAgenda and the Regulatory Flexibility 

Agenda? 

EPA includes regulations and certain 

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

significance to the omission of an item 

from the agenda, and EPA generally 

does not include the following 

categories of actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the CAA: Revisions to State 

implementation plans; equivalent 

methods for ambient air quality 

monitoring; deletions from the new 

source performance standards source 

categories list; delegations of authority 

to states; area designations for air 

quality planning purposes; 

• Under FIFRA: Registration-related 

decisions, actions affecting the status of 

currently registered pesticides, and data 

call-ins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under RCRA: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the CWA: State Water 

Quality Standards; deletions from the 

section 307(a) list of toxic pollutants; 

suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES); delegations of NPDES 

authority to States; 

• Under SDWA: Actions on State 

underground injection control 

programs; 

• Under TSCA: New chemical-related 

decisions; actions implementing the 

TSCA Interagency Testing Committee 

decisions; actions affecting extensions 

for submitting test data. 

The Regulatory Flexibility Agenda 

includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

E. How is the e-Agenda organized? 

You can now choose how both the 

www.reginfo.gov and 

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

include: EPA subagency; stage of 

rulemaking, which is explained below; 

alphabetically by title; and by the 

Regulation Identifier Number (RIN), 

which is assigned sequentially when an 

action is added to the agenda. 

Stages of rulemaking include: 

1. Active—Actions may be in the 

Prerule, Proposed Rule, or Final Rule 

stage of the ‘‘Active’’ rules section. 

Prerule actions are generally intended to 

determine whether EPA should initiate 

rulemaking. They 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, requests for public 

comment on the need for regulatory 

action, or important preregulatory 

policy proposals. Proposed Rules are 

EPA rulemaking actions that are within 

a year of proposal, or the publication of 

Notices of Proposed Rulemakings 

(NPRMs), in the Federal Register. Final 

Rules are those rules that will be issued 

as a final rule within a year. 

2. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action is after 

December 2013. 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. 

3. Completed Actions—This section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the previous Semiannual Agenda. It also 

includes actions that EPA is no longer 

considering and has elected to 

‘‘withdraw.’’ 

F. What information is in the 

Regulatory Flexibility Agenda and the 

e-Agenda? 

The Regulatory Flexibility Agenda 

entries include only the nine categories 

of information that are required by the 

Regulatory Flexibility Act of 1980 and 

by Federal Register Agenda printing 

requirements: Sequence Number, RIN, 

Title, Description, Statutory Authority, 

Section 610 Review, if applicable, 

Regulatory Flexibility Analysis 

Required, Schedule, and Contact 

Person. Note that the electronic version 

of the Agenda (eAgenda) has more 

extensive information on each of these 

actions. 

e-Agenda entries include: 

Title: Titles for new entries (those that 

have not appeared in previous agendas) 

are preceded by a bullet (•) The notation 

‘‘Section 610 Review’’ follows the title 

if we are reviewing the rule as part of 

our periodic review of existing rules 

under section 610 of the RFA (5 U.S.C. 

610). 

Priority: Entries are placed into one of 

five categories described below. OMB 

reviews all significant rules including 

both of the first two categories, 

‘‘economically significant’’ and ‘‘other 

significant.’’ 

a. Economically Significant: Under 

Executive Order 12866, a rulemaking 

that may have an annual effect on the 

economy of $100 million or more, or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. 

b. 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. 

c. Substantive, Nonsignificant: A 

rulemaking that has substantive impacts 

but is not Significant, Routine and 

Frequent, or Informational/ 

Administrative/Other. 

d. Routine and Frequent: A 

rulemaking that is a specific case of a 

recurring application of a regulatory 

program in the Code of Federal 

Regulations (e.g., certain State 

Implementation Plans, National Priority 

List updates, Significant New Use Rules, 

State Hazardous Waste Management 

Program actions, and Tolerance 

Exemptions). If an action that would 

normally be classified Routine and 

Frequent is reviewed by the Office of 

Management and Budget under EO 

12866, then we would classify the 

action as either ‘‘Economically 

Significant’’ or ‘‘Other Significant.’’ 

e. Informational/Administrative/ 

Other: An action that is primarily 

informational or pertains to an action 

outside the scope of EO 12866. 

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1626 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Also, if a rule may be ‘‘Major’’ as 

defined in the Congressional Review 

Act (5 U.S.C. 801, et seq.) because it is 

likely to result in an annual effect on the 

economy of $100 million or more or 

meets other criteria specified in this 

law, it appears under the ‘‘Priority’’ 

heading with the statement ‘‘Major 

under 5 U.S.C. 801.’’ 

Legal Authority: The sections of the 

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

(Pub. L.), Executive Order (EO), or 

common name of the law that 

authorizes the regulatory action. 

CFR Citation: The sections of the 

Code of Federal Regulations that would 

be affected by the action. 

Legal Deadline: An indication of 

whether the rule is subject to a statutory 

or judicial deadline, the date of that 

deadline, and whether the deadline 

pertains to a Notice of Proposed 

Rulemaking, a Final Action, or some 

other action. 

Abstract: A brief description of the 

problem the action will address. 

Timetable: The dates (and citations) 

that documents for this action were 

published in the Federal Register and, 

where possible, a projected date for the 

next step. Projected publication dates 

frequently change during the course of 

developing an action. The projections in 

the agenda are best estimates as of the 

date we submit the agenda for 

publication. For some entries, the 

timetable indicates that the date of the 

next action is ‘‘to be determined.’’ 

Regulatory Flexibility Analysis 

Required: Indicates whether EPA has 

prepared or anticipates that it will be 

preparing a regulatory flexibility 

analysis under section 603 or 604 of the 

RFA. Generally, such an analysis is 

required for proposed or final rules 

subject to the RFA that EPA believes 

may have a significant economic impact 

on a substantial number of small 

entities. 

Small Entities Affected: Indicates 

whether the rule is anticipated to have 

any effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether the rule may have any effect on 

levels of Government and, if so, whether 

the Governments are State, local, tribal, 

or Federal. 

Federalism Implications: Indicates 

whether the action is expected to have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of Government. 

Unfunded Mandates: Section 202 of 

UMRA generally requires an assessment 

of anticipated costs and benefits if a rule 

includes a mandate that may result in 

expenditures of more than $100 million 

in any one year by State, local, and 

tribal governments, in the aggregate, or 

by the private sector. If it is anticipated 

to exceed this $100 million threshold, 

we note it in this section. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under EO 13211. 

Sectors Affected: Indicates the main 

economic sectors regulated by the 

action. The regulated parties are 

identified by their North American 

Industry Classification System (NAICS) 

codes. These codes were created by the 

Census Bureau for collecting, analyzing, 

and publishing statistical data on the 

U.S. economy. There are more than 

1,000 NAICS codes for sectors in 

agriculture, mining, manufacturing, 

services, and public administration. 

International Trade Impacts: Indicates 

whether the action is likely to have 

international trade or investment effects, 

or otherwise be of international interest. 

Agency Contact: The name, address, 

phone number, and email address, if 

available, of a person who is 

knowledgeable about the regulation. 

Additional Information: Other 

information about the action including 

docket information. 

URLs: For some actions, the Internet 

addresses are included for reading 

copies of rulemaking documents, 

submitting comments on proposals, and 

getting more information about the 

rulemaking and the program of which it 

is a part. (Note: To submit comments on 

proposals, you can go to the associated 

electronic docket, which is housed at 

www.regulations.gov. Once there, follow 

the online instructions to access the 

docket in question and submit 

comments. A docket identification [ID] 

number will assist in the search for 

materials.) 

RIN: The Regulation Identifier 

Number is used by OMB to identify and 

track rulemakings. The first four digits 

of the RIN identify the EPA office with 

lead responsibility for developing the 

action. 

G. How can you find out about 

rulemakings that start up after the 

regulatory agenda is signed? 

EPA posts monthly information of 

new rulemakings that the Agency’s 

senior managers have decided to 

develop. This list is also distributed via 

email. You can find the current list, 

known as the Action Initiation List 

(AIL), at http://www.epa.gov/lawsregs/ 

regulations/ail.html where you will also 

find information about how to get an 

email notification when a new list is 

posted. If you would like to regularly 

receive information about the rules 

newly approved for development, sign 

up for our monthly Action Initiation 

List by going to http://www.epa.gov/ 

lawsregs/regulations/ 

ail.html#notification and completing the 

steps listed there. 

H. What tools are available for mining 

regulatory agenda data and for finding 

more about EPA rules and policies? 

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

Searchable Database 

The Regulatory Information Service 

Center and Office of Information and 

Regulatory Affairs have a Federal 

regulatory dashboard that allows users 

to view the Regulatory Agenda database 

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

eAgendaMain), which includes 

powerful search, display, and data 

transmission options. At that site you 

can: 

a. See the preamble. At the URL listed 

above for the Unified Agenda and 

Regulatory Plan, find ‘‘Current Agenda 

Agency Preambles.’’ Environmental 

Protection Agency is listed 

alphabetically under ‘‘Other Executive 

Agencies.’’ 

b. Get a complete list of EPA’s entries 

in the current edition of the Agenda. 

Use the drop-down menu in the ‘‘Select 

Agency’’ box to find Environmental 

Protection Agency and ‘‘Submit.’’ 

c. View the contents of all of EPA’s 

entries in the current edition of the 

Agenda. Choose ‘‘Search’’ from the 

‘‘Unified Agenda’’ selection in the 

toolbar at the top of the page. Within the 

‘‘Search of Agenda/Regulatory Plan’’ 

screen, open ‘‘Advanced Search,’’ then 

‘‘Continue.’’ Select ‘‘Environmental 

Protection Agency’’ and ‘‘Continue.’’ 

Select ‘‘Search,’’ then ‘‘View All RIN 

Data (Max 350).’’ 

d. Get a listing of entries with 

specified characteristics. Follow the 

procedure described immediately above 

for viewing the contents of all entries, 

but on the screen entitled ‘‘Advanced 

Search—Select Additional Fields,’’ 

choose the characteristics you are 

seeking before ‘‘Search.’’ For example, if 

you wish to see a listing of all 

economically significant actions that 

may have a significant economic impact 

on a substantial number of small 

businesses, you would check 

‘‘Economically Significant’’ under 

‘‘Priority’’ and ‘‘Business’’ under 

‘‘Regulatory Flexibility Analysis 

Required.’’ 

e. Download the results of your 

searches in XML format. 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1627 

2. Subject Matter EPA Web Sites 

Some actions listed in the Agenda 

include a URL that provides additional 

information. 

3. Public Dockets 

When EPA publishes either an 

ANPRM or a NPRM in the Federal 

Register, the Agency typically 

establishes a docket to accumulate 

materials throughout the development 

process for that rulemaking. The docket 

serves as the repository for the 

collection of documents or information 

related to a particular Agency action or 

activity. EPA most commonly uses 

dockets for rulemaking actions, but 

dockets may also be used for RFA 

section 610 reviews of rules with 

significant economic impacts on a 

substantial number of small entities and 

for various non-rulemaking activities, 

such as Federal Register documents 

seeking public comments on draft 

guidance, policy statements, 

information collection requests under 

the PRA, and other non-rule activities. 

Docket information should be in that 

action’s agenda entry. All of EPA’s 

public dockets can be located at 

www.regulations.gov. 

4. EPA’s Regulatory Development and 

Retrospective Review Tracker 

EPA’s Regulatory Development and 

Retrospective Review Tracker 

(www.epa.gov/regdarrt/) serves as a 

portal to EPA’s priority rules, providing 

you with earlier and more frequently 

updated information about Agency 

regulations than is provided by the 

Regulatory Agenda. It also provides 

information about retrospective reviews 

of existing regulations. Not all of EPA’s 

Regulatory Agenda entries appear on 

Reg DaRRT; only priority rulemakings 

can be found on this Web site. You can 

track progress on various aspects of 

EPA’s priority rulemakings by signing 

up for RSS feeds from the Regulatory 

Development and Retrospective Review 

Tracker at http://yosemite.epa.gov/opei/ 

RuleGate.nsf/content/ 

getalerts.html?opendocument. 

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. 

On October 31, 2012, EPA published in 

the Federal Register a notice 

announcing the review of three past 

rulemakings: 

• Heavy-Duty Engine and Vehicle 

Standards and Highway Diesel Fuel 

Sulfur Control Requirements 

• National Pollutant Discharge 

Elimination System Permit Regulation 

and Effluent Limitations Guidelines 

Standards for Concentrated Animal 

Feeding Operations 

• Review of National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP): Reinforced Plastic 

Composites Production 

To comment or learn more about 

these retrospective reviews of agency 

rulemakings under section 610 of the 

RFA, see: http://www.epa.gov/sbrefa/ 

section-610.html. 

J. What other special attention does 

EPA give to the impacts of rules on 

small businesses, small governments, 

and small nonprofit organizations? 

For each of EPA’s rulemakings, 

consideration is given whether there 

will be any adverse impact on any small 

entity. EPA attempts to fit the regulatory 

requirements, to the extent feasible, to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

Under RFA as amended by SBREFA, 

the Agency must prepare a formal 

analysis of the potential negative 

impacts on small entities, convene a 

Small Business Advocacy Review Panel 

(proposed rule stage), and prepare a 

Small Entity Compliance Guide (final 

rule stage) unless the Agency certifies a 

rule will not have a significant 

economic impact on a substantial 

number of small entities. For more 

detailed information about the Agency’s 

policy and practice with respect to 

implementing RFA/SBREFA, please 

visit the RFA/SBREFA Web site at 

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

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: October 22, 2012. 

Shannon Kenny, 

Acting Principal Deputy Associate 

Administrator, Office of Policy. 

10—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

10—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

for the Mineral Wool and Wool Fiberglass Industries.

2060–AQ90 

35—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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1628 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

35—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Products (Reg Plan Seq No. 84).

2070–AJ44 

376 .................... Formaldehyde Emissions Standards for Composite Wood Products (Reg Plan Seq No. 85) ....................... 2070–AJ92 

References in boldface appear in The Regulatory Plan in part II of this issue of the FEDERAL REGISTER. 

60—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Rock Mining Industry.

2050–AG61 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Proposed Rule Stage 

372. Revision of New Source 

Performance Standards for New 

Residential Wood Heaters 

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

Abstract: EPA is revising the New 

Source Performance Standards (NSPS) 

for new residential wood heaters. This 

action is necessary because it updates 

the 1988 NSPS to reflect significant 

advancements in wood heater 

technologies and design, broadens the 

range of residential wood-heating 

appliances covered by the regulation, 

and improves and streamlines 

implementation procedures. This rule is 

expected to require manufacturers to 

redesign wood heaters to be cleaner and 

lower emitting. In general, the design 

changes would also make the heaters 

perform better and be more efficient. 

The revisions are also expected to 

streamline the process for testing new 

model lines by allowing the use of 

International Standards Organization 

(ISO)-accredited laboratories and 

certifying bodies, which will expand the 

number of facilities that can be used for 

testing and certification of the new 

model lines. This action is expected to 

include the following new residential 

wood-heating appliances: 

—Adjustable burn-rate wood heaters 

—Pellet stoves 

—Single burn-rate wood heaters 

—Outdoor hydronic heaters (outdoor 

wood boilers) 

—Indoor hydronic heaters (indoor wood 

boilers) 

—Wood-fired, forced-air furnaces 

—Masonry heaters. 

These standards would apply only to 

new residential wood heaters and not to 

existing residential wood-heating 

appliances. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/13 

Final Rule ............ 03/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gil Wood, 

Environmental Protection Agency, Air 

and Radiation, C404–05, Research 

Triangle Park, NC 27711, Phone: 919 

541–5272, Fax: 919 541–0242, Email: 

wood.gil@epa.gov. 

David Cole, Environmental Protection 

Agency, Air and Radiation, C404–05, 

Research Triangle Park, NC 27711, 

Phone: 919 541–5565, Fax: 919 541– 

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

RIN: 2060–AP93 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Long-Term Actions 

373. National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Risk and Technology Review (RTR) for 

the Mineral Wool and Wool Fiberglass 

Industries 

Legal Authority: 42 U.S.C. 7401 

Abstract: The Maximum Achievable 

Control Technology (MACT) standard 

for Mineral Wool Production was 

promulgated on June 1, 1999, and the 

MACT for Wool Fiberglass Production 

was promulgated on June 14, 1999. The 

Clean Air Act requires EPA to evaluate 

the risk remaining to human health 

within eight years of promulgation of 

each MACT standard; for these 

regulations, that date expired in June 

2007. Along with risk, the EPA is also 

required to review new technology in 

the industry that can reduce hazardous 

air pollutant (HAP) emissions from 

regulated sources in the industry, and 

may consider costs under this 

technology review. EPA is addressing 

these Clean Air Act requirements under 

a combined risk and technology review 

(RTR). EPA was petitioned to review the 

risk for these source categories, and also 

to determine MACT floors for pollutants 

and processes that were not regulated by 

the MACT standards. The court entered 

into an agreement with EPA and the 

litigants, and the resulting deadline for 

proposal and promulgation of these 

RTRs is November 4, 2011, and 

November 30, 2012, respectively. In 

addition, EPA will be preparing to 

regulate wool fiberglass area sources 

under a new NESHAP, expected to be 

proposed March 15, 2013. 

Timetable: 

Action Date FR Cite 

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

Notice .................. 12/20/11 76 FR 78872 

Notice .................. 01/23/12 77 FR 3223 

Final Rule ............ 01/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Fairchild, 

Environmental Protection Agency, Air 

and Radiation, D–243–04, Research 

Triangle Park, NC 27711, Phone: 919 

541–5167, Fax: 919 541–5450, Email: 

fairchild.susan@epamail.epa.gov. 

Keith Barnett, Environmental 

Protection Agency, Air and Radiation, 

D243–04, Research Triangle Park, NC 

27711, Phone: 919 541–5605, Fax: 919 

541–5450, Email: barnett.keith@epa.gov. 

RIN: 2060–AQ90 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1629 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Prerule Stage 

374. Lead; Renovation, Repair, and 

Painting Program for Public and 

Commercial Buildings 

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

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

Toxic Substances Control Act (TSCA) 

requires EPA to regulate renovation or 

remodeling activities that create leadbased paint hazards in target housing 

(most pre-1978 housing), pre-1978 

public buildings, and commercial 

buildings. In a 2008 rule, EPA addressed 

lead-based paint hazards created by 

these activities in target housing and 

child-occupied facilities built before 

1978 (child-occupied facilities are a 

subset of public and commercial 

buildings or facilities where children 

under age 6 spend a great deal of time). 

The 2008 rule established requirements 

for training renovators, other renovation 

workers, and dust sampling technicians; 

for certifying renovators, dust sampling 

technicians, and renovation firms; for 

accrediting providers of renovation and 

dust sampling technician training; for 

renovation work practices; and for 

recordkeeping. The current rulemaking 

effort will address renovation or 

remodeling activities in the remaining 

buildings described in TSCA section 

402(c)(3); i.e., public buildings built 

before 1978 and commercial buildings 

that are not child-occupied facilities. In 

2010, EPA issued an Advanced Notice 

of Proposed Rulemaking (ANPRM) that 

solicited public comment on lead-safe 

work practices and other requirements 

EPA should consider for renovations on 

the exteriors of public and commercial 

buildings and whether lead-based paint 

hazards are created by interior 

renovation, repair, and painting projects 

in public and commercial buildings. 

EPA is currently developing a proposal 

to address lead-based paint hazards that 

may be created by renovations on the 

exterior or in the interiors of public and 

commercial buildings. As part of a 

settlement agreement reached in 2009 

and most recently amended in 

September 2012, EPA will hold a public 

meeting in 2013 to discuss the issues 

under consideration for this rulemaking. 

In addition, after considering the 

information it gathers and its related 

analyses, EPA has agreed to either sign 

a proposed rule covering renovation, 

repair, and painting activities in public 

and commercial buildings, or determine 

that these activities do not create leadbased paint hazards by July 1, 2015. If 

EPA issues a proposed rule, EPA has 

further agreed to take final action on or 

before the date 18 months after the 

proposal is published. 

Timetable: 

Action Date FR Cite 

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

Notice (Request 

Information).

01/00/13 

Notice (Public 

Meeting).

06/00/13 

NPRM .................. 07/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Hans Scheifele, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460, Phone: 202 564–3122, Email: 

scheifele.hans@epa.gov. 

Cindy Wheeler, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 566– 

0484, Email: wheeler.cindy@epa.gov. 

RIN: 2070–AJ56 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Proposed Rule Stage 

375. Formaldehyde; Third-Party 

Certification Framework for the 

Formaldehyde Standards for Composite 

Wood Products 

Regulatory Plan: This entry is Seq. 

No. 84 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ44 

376. Formaldehyde Emissions 

Standards for Composite Wood 

Products 

Regulatory Plan: This entry is Seq. 

No. 85 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ92 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

60 

Long-Term Actions 

377. Financial Responsibility 

Requirements Under CERCLA Section 

108(b) for Classes of Facilities in the 

Hard Rock Mining Industry 

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

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

Abstract: Section 108(b) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, 

establishes certain authorities 

concerning financial responsibility 

requirements. This provision authorizes 

regulation to require business operators 

to have some financial mechanisms in 

place—such as a bond or insurance 

policy—that can provide funds to clean 

or avert spills of hazardous substances 

without burdening taxpayers. The 

Agency has identified classes of 

facilities within the Hard Rock mining 

industry as those for which financial 

responsibility requirements will be first 

developed. EPA intends to include 

requirements for financial 

responsibility, as well as notification 

and implementation. 

Timetable: 

Action Date FR Cite 

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

NPRM .................. 05/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ben Lesser, 

Environmental Protection Agency, Solid 

Waste and Emergency Response, 5302P, 

Washington, DC 20460, Phone: 703 308– 

0314, Email: lesser.ben@epa.gov. 

David Hockey, Environmental 

Protection Agency, Solid Waste and 

Emergency Response, 5303P, 

Washington, DC 20460, Phone: 703 308– 

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

RIN: 2050–AG61 

[FR Doc. 2012–31502 Filed 1–7–13; 8:45 am] 

BILLING CODE 6560–50–P 

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Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part XVI 

General Services Administration 

Semiannual Regulatory Agenda 

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