Fall 2007 Regulatory Agenda

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[December 10, 2007 (Volume 72, Number 236)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua071014.wais]

[Page 70118-70124]

Environmental Protection Agency

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Part XIV

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Semiannual Regulatory Agenda

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ENVIRONMENTAL PROTECTION AGENCY (EPA)

_______________________________________________________________________

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[FRL 8450-9]
EPA-HQ-OA-2007-0658

Fall 2007 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
(and also 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 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 used to be published in the Federal Register, but which now will
only be available through an online database and will not be published
in the Federal Register.

``Regulatory Plan'' refers to the document published in part 2 of the
Federal Register that addresses the core of the Administration's
regulatory priorities that will be issued in the coming fiscal year.

``Regulatory Flexibility Agenda'' refers to a document about
regulations with a significant impact on a substantial number of small
entities that will continue to be published in the Federal Register
because of a requirement of the Regulatory Flexibility Act.

``FR Regulatory Agenda'' refers to both of the documents that will
continue to be published in the Federal Register, The Regulatory Plan
and the Regulatory Flexibility Agenda.

``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. In
the future there may be a separate, short introduction to the
Regulatory Flexibility Agenda and a longer introduction for the E-Agenda.

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); if you have general
questions about the regulatory plan contact Caryn Muellerleile; if you
have general questions about the Regulatory Flexibility Agenda, contact
Joan Rogers (rogers.joanb@epa.gov; 202-564-6568). If you have questions
about the E-Agenda Suggestion Docket, contact Phil Schwartz. If you
have questions about EPA's Action Development Process you may contact
Caryn, Joan, or Phil.

IMPROVING THE E-AGENDA, THE E-AGENDA SUGGESTION DOCKET: We have
created a place for submitting, reviewing and commenting on ideas for
how we can improve the usefulness of the EPA E-Agenda Web site. The E-
Agenda Suggestion Docket, ID No. EPA-HQ-OA-2007-0658, is available
online at www.regulations.gov. See Unit H, below, for details about the
Suggestion Docket.

TO BE PLACED ON THE 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 receive a hard copy of the semiannual
agenda about 2 to 3 months after publication, please 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. There is no charge for a single copy of the agenda.

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 Inform 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 Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

F. What Information Is in the Regulatory Flexibility Agenda, the E-
Agenda, and the Regulatory Plan?

G. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?

H. How Can You Help Shape the Development of EPA's New E-Agenda
Information Tool: Using the E- Agenda Suggestion Docket?

I. What Special Attention Do We Give to the Impacts of Rules on Small
Businesses, Small Governments, and Small Nonprofit Organizations?

J. Thank You for Collaborating With Us.

A. Map of Regulatory Agenda Information

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Federal Register
Part of Agenda Online locations Location
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Semiannual Regulatory Agenda (The E-Agenda; the on-line Agenda); www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Not in FR
336 entries which includes the Regulatory Plan and the expanded orpm.html
Regulatory Flexibility Agenda (4 entries; 25 data fields/entry)

Annual Regulatory Plan (30 entries) www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Part 2 of today's issue
orpm.html
Semiannual Regulatory Flexibility Agenda (4 entries; 9 data www.reginfo.gov/, www.regulations.gov and www.epa.gov/opei/ Part 14 of today's issue
fields/entry) orpm.html
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B. What Are EPA's Regulatory Goals, and What Key Principles, Statutes,
and Executive Orders Inform Our Rule and Policymaking Process?

Our primary objective is to protect human health and the
environment. One way we achieve this objective is through the
development of regulations. In the United States, Congress passes
laws and authorizes certain Government agencies, including EPA, to
create and enforce regulations. EPA regulations cover a range of
environmental and public health protection issues from setting
standards for clean water, to establishing requirements for proper
handling of toxic wastes, to controlling air pollution from
industry and other sources.

To ensure that our regulatory decisions are scientifically
sound, cost-effective, fair, and effective in achieving
environmental goals, we conduct high quality scientific, economic,
and policy analyses. These analyses are planned and initiated at
early stages in the regulatory development process, so that Agency
decisionmakers are well informed of the qualitative and
quantitative benefits and costs as they select among alternative
approaches. It is also important that we continue to apply new and
improved methods to protect the environment, such as: Building
flexibility into regulations from the very beginning, creating
strong partnerships with the regulated community, vigorously
engaging in public outreach and involvement, and using effective
nonregulatory approaches. We seek collaborative solutions to shared
challenges. Research, testing, and adoption of new environmental
protection methods are also a central tenet in environmental
problem solving. The integration of all of these elements via a
well-managed regulatory development process and a strong commitment
to innovative solutions will ensure that we all benefit from
significant environmental improvements that are fair, efficient,
and protective. Our overall success is measured by our
effectiveness in protecting human health and the environment. For a
more expansive discussion of our regulatory philosophy and
priorities, please see the Statement of Priorities in the FY 2008
regulatory plan (http://epa.gov/opei/orpm.html#agenda).

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; 59 FR 22951; November
9, 2000), 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use; 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). 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.

D. 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 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 that are likely to have a significant economic impact
on a substantial number of small entities, and

[[Page 70120]]

• Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act. EPA, however, has
no rules scheduled for section 610 review until 2008, so there are no
610 reviews included in this Regulatory Flexibility Agenda.

E. How Are Regulatory Plan and Regulatory Flexibility Agenda Organized?

The Regulatory Plan is organized according to the current stage
of development. The stages are:

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
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.

The Plan also may include a very limited number of extremely
important actions which will be published after October 2008.

We have organized the Regulatory Flexibility Agenda as follows:

First, into divisions based on the law that would authorize a
particular action. A ``General'' division which includes crosscutting
actions, such as rules authorized by multiple statutes and general
acquisition rules precedes the media statutes (Clean Air Act (CAA),
Clean Water Act (CWA), etc.)

Second, by the current stage of development. The stages are:

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
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 2008.

5. Completed Actions-This section contains actions that have been
promulgated and published in the Federal Register since publication of
the spring 2007 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.

F. What Information Is in the Regulatory Flexibility Agenda, the E-
Agenda, and the Regulatory Plan?

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 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.''

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Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (P.L.), Executive Order (E.O.), 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.

Agency Contact: The name, address, phone number, and e-mail address, if
available, 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 Regulatory 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 Plan entries include all categories of information included
in E-Agenda entries, plus:

Sequence Number, Statement of Need, Summary of Legal Basis,
Alternatives, Anticipated Costs and Benefits, and Risks.

G. What Tools for Finding More About EPA Rules and Policies Are
Available at EPA.gov, Regulations.gov, and Reginfo.gov?

1. 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 impacts on a substantial number of small entities and
various non-rulemaking 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. All of EPA's electronic dockets are
housed at www.regulations.gov.

2. Subject Matter EPA Web sites

Some of the actions listed in the agenda include a URL that
provides additional information.

3. Regulatory Agenda Web sites

If you have access to the Internet, you can use the E-Agenda
databases and their accompanying search engines at www.reginfo.gov/
public/do/eAgendaMain or www.regulations.gov/. If you have any
thoughts or suggestions about the new E-Agenda, please submit them
to the E-Agenda Suggestion Docket discussed in unit H, below.

4. Agenda Indexes

The first five indexes (610 Reviews, Regulatory Flexibility Act
analysis Required, Small Entity Impact but Regulatory Flexibility
Act analysis not Required, Affect on Government Levels, and
Federalism Implications) that used to be published along with the
Agenda will no longer appear in the Federal Register but each can
be created by using the E-Agenda search function at http://
www.reginfo.gov/public/do/eAgendaSearch. There is a Subject Matter
Index, based on the Federal Register Thesaurus of Indexing Terms,
in the online E-agenda at http://www.reginfo.gov/public/do/
eAgendaMain.

5. Listservers

If you want to get automatic e-mails about areas of particular
interest, we maintain 12 listservers including:

a. Air

b. Water

c. Wastes and emergency response

d. Pesticides

e. Toxic substances

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f. Right-to-know and toxic release inventory

g. Environmental impacts

h. Endangered species

i. Meetings

j. The Science Advisory Board

k. Daily full-text notices with page numbers, and

l. General information.

For more information and to subscribe via our FR Web site,
visit: www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail
without full Internet access, please send an e-mail to
envsubset@epa.gov to request instructions for subscribing to the
EPA Federal Register listservers.

H. How Can You Help Shape the Development of EPA's New E-Agenda
Information Tool: Using the E-Agenda Suggestion Docket?

Transitioning to using the Internet as the primary means for
conveying Agenda information will open a number of possibilities
for providing timelier service and higher quality information. EPA
had two reasons for supporting the initiative to make the Internet
the primary means for distributing Agenda information: saving money
and improving service. By improving service we mean giving you the
types of information and organizing and delivering it within our
budget constraints in the way that would be most useful and
convenient for you.

We're experimenting with an online E-Agenda suggestion docket
as a way to involve you in the ongoing process to improve our
effectiveness in getting information on rulemakings to the public
and to improve public participation in the rulemaking process.

DATES: The suggestion docket will remain open for at least six months,
but we encourage you to submit your comments as soon as possible.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2007-0658, by one of the following methods:

• www.regulations.gov: Follow the online instructions for
submitting comments.

• Email: Oei.docket@epa.gov

• Fax: 202-566-9744

• Mail: OA Docket, USEPA, Mailcode: 2822T, 1200 Pennsylvania
Avenue NW., Washington, DC 20460

• EPA Docket Center, EPA West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20460

INSTRUCTIONS: Direct your suggestions to Docket ID No. EPA-HQ-OA-2007-
0658. EPA's policy is that all suggestions received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the suggestion includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials
are available either electronically in www.regulations.gov or in
hard copy at E-Agenda Suggestion Docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Avenue NW., Washington, DC. 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, and the telephone number for
the E-Agenda Suggestion Docket is (202)-566-1752.

I. What 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/. See Index B
at the end of the agenda, ``Index to Environmental Protection
Agency Entries for which a Regulatory Flexibility Analysis Is
Required'' for a list of these rules. See Index C for a list of the
rules that may affect small entities, but which we do not expect
will have a significant economic impact on a substantial number of
them.

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 (SISNOSE). We have no section 610 reviews planned until 2008.

J. Thank You for Collaborating With Us.

Finally, we would like to thank those of you who choose to join
with us in

[[Page 70123]]

solving the complex issues involved in protecting human health and
the environment. Collaborative efforts such as EPA's open
rulemaking process are a proven tool for solving the environmental
problems we face and the regulatory agenda is an important part of
that process.

Dated: September 14, 2007.

Louise P. Wise,

Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.

CLEAN AIR ACT (CAA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
439 SAN No. 4882 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34
(Reg Plan Seq No. 147)................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
440 SAN No. 3557 Lead-Based Paint; Amendments for Renovation, Repair and Painting (Reg 2070-AC83
Plan Seq No. 152).....................................................................
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
441 SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94
442 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total 2040-AD94
Coliform Monitoring and Analytical Requirements and Consideration of Distribution
System Issues.........................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Clean Air Act (CAA)
_______________________________________________________________________

439. CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

Regulatory Plan: This entry is Seq. No. 147 in part II of this issue
of the Federal Register.

RIN: 2060-AM34
_______________________________________________________________________
Environmental Protection Agency (EPA) Final Rule Stage
Toxic Substances Control Act (TSCA)
_______________________________________________________________________

440. LEAD-BASED PAINT; AMENDMENTS FOR RENOVATION, REPAIR AND PAINTING

Regulatory Plan: This entry is Seq. No. 152 in part II of this issue
of the Federal Register.

RIN: 2070-AC83

[[Page 70124]]

_______________________________________________________________________
Environmental Protection Agency (EPA) Long-Term Actions
Safe Drinking Water Act (SDWA)
_______________________________________________________________________

441. 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
Final Action 05/00/09

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
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov

RIN: 2040-AA94
_______________________________________________________________________

442. NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE TOTAL
COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND CONSIDERATION OF
DISTRIBUTION SYSTEM ISSUES

Legal Authority: 42 USC 300f et seq

Abstract: EPA is revising the Total Coliform Rule (TCR), which was
published in 1989. On July 18, 2003, EPA published a Federal Register
(68 FR 42907) Notice of Intent to revise the TCR. EPA intends revisions
to the TCR to maintain or provide for greater human health protection
than under the existing TCR while improving system efficiency. A
Federal Advisory Committee recommended that EPA, as part of the TCR 6-
year review process, ``initiate a process for addressing cross-
connection control and backflow prevention requirements and consider
additional distribution system requirements related to significant
health risks.`` The original TCR, promulgated in 1989, protects human
health by requiring microbial monitoring in drinking water distribution
systems. The TCR does not include distribution system corrective or
protective requirements to reduce contamination from coliforms and
other contaminants. Since then, EPA has gained a better understanding
of distribution system impacts on human health and, therefore, intends
to strengthen the TCR and to consider how to address distribution
system contamination issues. The process to do so involves a
performance evaluation, development of issue papers on both
distribution systems and total coliform, stakeholders meetings, and
proposed and final rules. EPA has also convened a Federal Advisory
Committee to address the TCR revisions and to consider distribution
system issues.

Timetable:
________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 04/00/10
Final Action 10/00/12

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water,
4607M, Washington, DC 20460
Phone: 202 564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov

Yu-ting Guilaran, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-1154
Fax: 202 564-3767
Email: guilaran.yu-ting@epamail.epa.gov

RIN: 2040-AD94
[FR Doc. 07-04839 Filed 12-07-07; 8:45 am]
BILLING CODE 6560-50-S

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