Regulatory Agenda Semiannual Regulatory Agenda
December 7, 2009 (Volume 74, Number 233)
Unified Agenda
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID: f:ua091213.wais
Page 64496-64503
Environmental Protection Agency
Part XIII
Semiannual Regulatory Agenda
Page 64496
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I
FRL-8950-1
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2009-0082
Fall 2009 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory agenda and semiannual regulatory flexibility 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 on rulemakings that, until May 2007, was published in the Federal Register, but which now is only available through an online database.
The Regulatory Plan provides more detailed information than the regulatory agenda on the most important significant rulemakings that we will be developing over the coming years.
``Monthly Action Initiation List'' (AIL) refers to a list that
EPA posts online each month of the regulations newly approved for development.
``Unified 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 introduces both EPA's e-agenda and regulatory flexibility agenda.
``Regulatory Flexibility Agenda'' refers to a document that contains a limited amount of information (less than is in the e- agenda) about regulations that may have a significant impact on a substantial number of small entities. The Regulatory Flexibility
Act of 1980 requires that we publish the Regulatory Flexibility
Agenda in the Federal Register.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855) or Phil Schwartz
(schwartz.philip@epa.gov; 202-564-6564).
TO BE PLACED ON AN AGENDA MAILING LIST: If you would like to receive an e-mail with a link to new semiannual regulatory agendas as soon as they are published, please send an e-mail 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.htmlnotification and completing the five steps listed there.
If you would like to receive a hard copy of the semiannual agenda about 2 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.
SUPPLEMENTARY INFORMATION:
Table of Contents
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Map of Regulatory Agenda Information
-
What Are EPA's Regulatory Goals and Values and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
-
How Can You Be Involved in EPA's Rule and Policymaking Process?
-
What Actions Are Included in the Regulatory Agenda?
-
How Is the E-Agenda Organized?
-
What Information Is in the Regulatory Flexibility Agenda and the E-
Agenda?
-
How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
-
What Tools for Finding More About EPA Rules and Policies Are
Available at Reginfo.gov, EPA.gov, and Regulations.gov?
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Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
-
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What Other Special Attention Do We Give to the Impacts of Rules on
Small Businesses, Small Governments, and Small Nonprofit Organizations?
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Thank You for Collaborating With Us
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Map of Regulatory Agenda Information
Federal Register
Type of Information
Online Locations
Location
Semiannual Regulatory Agenda (The e-Agenda; the online Agenda)
www.reginfo.gov/, www.regulations.gov, and http://
Not in FR www.epa.gov/lawsregs/ search/regagenda.html
The Regulatory Plan
www.reginfo.gov/, www.regulations.gov, and http://
Part II of today's issue www.epa.gov/lawsregs/ search/regagenda.html
Monthly Action Initiation List
http://www.regulations.gov/ fdmspublic/component/main?
Not in FR main=DocketDetail& d=EPA-HQ-OA-2008-0265 and http:// www.epa.gov/lawsregs/ search/ail.html
Page 64497
Semiannual Regulatory Flexibility Agenda
www.regulations.gov, and http://www.epa.gov/lawsregs/
Part XII of today's search/regagenda.html
issue
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What Are EPA's Regulatory Goals and Values, and What Key Principles,
Statutes, and Executive Orders Guide Our Rule and Policymaking Process?
For a detailed discussion of the goals and values we aspire to in rulemaking please see our Statement of Regulatory Priorities at http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/200910/
Statement--2000.html and published in part II of today's issue of the Federal Register.
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 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).
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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).
Information on submitting comments to the rulemaking docket is provided in each of our Notices of Proposed Rulemaking (NPRMs), and we always accept comments through the regulations.gov e-docket. 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.
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What Actions Are Included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations and certain major policy documents in the e-agenda. However, there is no legal significance to the omission of an item from the agenda, and we generally do not include minor amendments or the following categories of actions:
Administrative actions such as delegations of authority, changes of address, or phone numbers;
Under the Clean Air Act: Revisions to State Implementation
Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions from the New Source Performance Standards source categories list;
Delegations of Authority to States; Area Designations for Air Quality
Planning Purposes;
Under the Federal Insecticide, Fungicide, and Rodenticide Act:
Registration-related decisions, actions affecting the status of currently registered pesticides, and data call-ins;
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 section307(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 that are likely to have a significant economic impact on a substantial number of small entities, and
Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. We have one rule concluding review in 2009.
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How Is the E-Agenda Organized?
You can now choose how both the www.reginfo.gov and www.regulations.gov versions of the e-Agenda are organized. Current choices include: EPA subagency; stage of rulemaking, 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), significant studies or analyses of the possible need for regulatory action, announcement of
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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 2010. 5. Completed Actions-This section contains actions that have been promulgated and published in the Federal Register since publication of the spring 2009 agenda. It also includes actions that we are 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 our Regulatory Flexibility Act section 610 reviews in this section of the agenda.
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What Information Is in the E-Agenda and Regulatory Flexibility
Agenda?
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 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 U.S.C. 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.
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Agency Contact: The name, address, phone number, and e-mail address of a person who is knowledgeable about the regulation.
SAN Number: An identification number that EPA uses to track rulemakings and other actions under development.
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.
Regulatory Flexibility Agenda entries contain a Federal
Register sequence number and a subset of the information in the e-
Agenda:
RIN, Title, Description, Statutory Authority, Section 610
Review, if applicable, Regulatory Flexibility Analysis Required,
Schedule, Contact Person's name, mailing address and phone number.
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How Can I Find Out About Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly updates of the rulemakings that the Agency's senior managers have decided that we should work on. 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.
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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 Reginfo.gov Searchable Database
GSA's Regulatory Information Service Center, which coordinates publication of the Agenda for the Office of Management and Budget, has developed and continues to improve a regulatory agenda database that includes powerful search, display, and data transmission options. You can:
See the preamble. On the Main Agenda Page, select Current
Agenda Agency Preambles.
Get a complete list of EPA's entries. On the Main Agenda Page, under Agency, select Environmental Protection Agency.
View the contents of all of EPA's entries. On the Agenda
Search Page, select ``Advanced Search''; select Continue; Select
Environmental Protection Agency and then Continue; Select ``Search.''
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 headed ``Advanced Search-
Select Additional Fields'' select the characteristics you are seeking before clicking on ``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 check Business under Regulatory Flexibility Analysis required.
Download the results of your searches in XML format. 2. Subject Matter EPA Web sites
Some of the actions listed in the agenda include a URL that provides additional information on the rulemaking. 3. Public Dockets
When EPA publishes either an Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency may establish 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. If there is a docket on a particular action, information about the location will be in that action's agenda entry. URL's for many of EPA's dockets are included in the agenda entry. To enter the docket, copy the URL into a browser window. To locate a docket you can also use the docket search features at regulations.gov.
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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 completed one Section 610 review in 2009.
EPA concluded that there is a continued need for this rule.
Rule Being Reviewed
RIN
Docket ID
Revisions to the Underground Injection Control (UIC) Requirements
2040-AF04
EPA-HQ-OW-2009-0082 for Class V Wells (Section 610 Review)
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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 underdevelopment for which a Regulatory
Flexibility Analysis will be required and for a list of rules under development that may affect small entities, but not significantly affect a substantial number of them, please use the advanced search function at http://www.reginfo.gov/public/do/eAgendaAdvancedSearch.
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Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join with us in solving the complex issues involved in protecting human health and the environment. Collaborative efforts such as EPA's open rulemaking process are a valuable tool for addressing the problems we face and the regulatory agenda is an important part of that process.
Dated: September 9, 2009.
Louise Wise,
Deputy Associate Administrator, Office of Policy, Economics and
Innovation.
CLEAN AIR ACT--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
430
SAN No. 4884. Combined Rulemaking for Industrial, Commercial, and Institutional
2060-AM44
Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and
Institutional Boilers at Area Sources (Reg Plan Seq No. 135)..........................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
431
SAN No. 5250. Renewable Fuels Standard Program (Reg Plan Seq No. 148)................. 2060-AO81
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
432
SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20 433
SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
434
SAN No. 5379 Lead; Amendment to the Opt-out and Recordkeeping Provisions in the
2070-AJ55
Renovation, Repair, and Painting Program (Reg Plan Seq No. 152).......................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Page 64501
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
435
SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
SAFE DRINKING WATER ACT (SDWA)--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
436
SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for
2040-AF04
Class V Wells (Completion of a Section 610 Review)....................................
Environmental Protection Agency (EPA)
Proposed Rule Stage
Clean Air Act
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COMBINED RULEMAKING FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS AT MAJOR SOURCES OF HAP AND INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL BOILERS AT AREA SOURCES
Regulatory Plan: This entry is Seq. No. 135 in part II of this issue of the Federal Register.
RIN: 2060-AM44
Environmental Protection Agency (EPA)
Final Rule Stage
Clean Air Act
-
RENEWABLE FUELS STANDARD PROGRAM
Regulatory Plan: This entry is Seq. No. 148 in part II of this issue of the Federal Register.
RIN: 2060-AO81
Environmental Protection Agency (EPA)
Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
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PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS
Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w
Abstract: The EPA is proposing change to federal regulations guiding 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
01/00/11
Regulatory Flexibility Analysis Required: Yes
Page 64502
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ20
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PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD REVISIONS
Legal Authority: 7 USC 136; 7 USC 136w
Abstract: The EPA is developing a proposal to revise the Federal regulations guiding agricultural worker protection (40 CFR part 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
01/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kathy Davis, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506P, Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ22
Environmental Protection Agency (EPA)
Final Rule Stage
Toxic Substances Control Act (TSCA)
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LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING
PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM
Regulatory Plan: This entry is Seq. No. 152 in part II of this issue of the Federal Register.
RIN: 2070-AJ55
Environmental Protection Agency (EPA)
Long-Term Actions
Safe Drinking Water Act (SDWA)
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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 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
Notice99
02/26/99
64 FR 9560
NPRM
11/02/99
64 FR 59246
NPRM Comment Period End
01/03/00
Final Action
To Be
Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Rebeccak 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
Page 64503
Environmental Protection Agency (EPA)
Completed Actions
Safe Drinking Water Act (SDWA)
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REVISIONS TO THE UNDERGROUND INJECTION CONTROL (UIC) REQUIREMENTS
FOR CLASS V WELLS (COMPLETION OF A SECTION 610 REVIEW)
Legal Authority: 5 USC 610
Abstract: Class V wells are regulated under the authority of part C of the Safe Drinking Water Act (SDWA). The SDWA is designed to protect the quality of drinking water in the United States, and part C specifically mandates the regulation of underground injection of fluids through wells. The Agency has promulgated a series of underground injection control (UIC) regulations under this authority. Most Class V wells are authorized by rule as long as (1) they do not endanger underground sources of drinking water (USDWs), and (2) the well owners or operators submit basic inventory and assessment information. If a Class V well may endanger USDWs, UIC Program Directors can require the owner/ operator to apply for a permit, order preventive actions (including closure of the well) to prevent the violation, require remediation to assure USDWs are protected, or take enforcement action.
On December 7, 1999, EPA finalized additional requirements for motor vehicle waste disposal wells and large capacity cesspools, to embrace priorities and help achieve goals defined under the 1996 Amendments to the SDWA, and to fulfill the first phase of the Agency's requirements under the 1997 consent decree with the Sierra Club. The 1999 Rule established requirements for two categories of Class V injection wells determined by EPA to be a source of endangerment to drinking water.
Specifically, the rule covers: (1) Existing motor vehicle waste disposal wells located in ground water protection areas or other sensitive ground water areas; and, (2) new and existing large-capacity cesspools and new motor vehicle waste disposal wells nationwide. The conclusion that these Class V wells pose an endangerment to USDWs is based on substantial information and the combined professional judgment of EPA and State geologists and engineers that are responsible for implementing the Class V UIC program.
This entry in the regulatory agenda announced that while EPA had taken steps in the 1999 Rulemaking process to evaluate and mitigate impacts on small entities, pursuant to section 610 of the Regulatory
Flexibility Act, EPA would review the Class V Rule. As part of the review, EPA considered and solicited comments on the following factors:
(1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Based on the evaluation of the Class V Rule during promulgation and comment received, EPA believes there is a continued need for the Class V Rule. EPA assumes that the regulatory impact of two endangering well types on small business is not significant because the Agency believes most of these well types have been either closed or permitted.
Timetable:
Action
Date
FR Cite
Final Action
12/07/99
64 FR 68546
Begin Review
05/11/09
74 FR 21991
End Comment Period
08/11/09
End Review
09/02/09
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
Sandy Evalenko, Environmental Protection Agency, Water, 4101M,
Washington, DC 20460
Phone: 202 564-0264
Email: evalenko.sandy@epamail.epa.gov
RIN: 2040-AF04
FR Doc. E9-28594 Filed 12-04-09; 8:45 am
BILLING CODE 6560-50-S
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